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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. *6. 2016 ENGINEERING SERVICES RA TE SCHEDULE Levang moved, Printup seconded, to approve the 2016 Consulting Engineer Services Fee Schedule. VOTE: Ayes 5, Nays 0. *7. KELLY AVENUE DRAINAGE (CARMEN OUTLET) Levang moved, Printup seconded, to approve Pay Request No. 1 to Kusske Construction in the amount of$60,953.28 for the reconstruction of the Kelly Avenue storm sewer outfall project at Carmen Road. VOTE: Ayes 5, Nays 0. *8. CARMEN BAY SHORELINE RESTORATION PROJECT -PAY REQUEST NO. 6 Levang moved, Printup seconded, to approve Pay Request No. 6 for the contractor Sunram Construction, Inc., in the amount of $2,830.73 for the Carmen Bay Shoreline Restoration Project. VOTE: Ayes 5, Nays 0. PUBLIC SAFETY REPORT *9. ADOPT BUREAU OF CRIMINAL APPREHENSION (BCA) JOINT POWERS AGREEMENT (RENEWAL) -RESOLUTION NO. 6577 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6577, a Resolution Approving State of Minnesota Joint Powers Agreements with the City of Orono on Behalf of its City Attorney and Police Department. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT *10. #15-3796 A. SADOWSKI DESIGNS O/B/O MICHELLE WILLIAMS-ABBOTT -2941 CASCO POINT ROAD AVERAGE LAKESHORE SETBACK VARIANCE -RESOLUTION NO. 6576 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6576, a Resolution Approving a Variance from Municipal Zoning Code Section 78-1270 for the property located at 2941 Casco Point Road. VOTE: Ayes 5, Nays 0. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEY ARD - SKETCH PLAN REVIEW Curt Fretham, Applicant, was present along with Ben Wikstrom and Rick Harrison. Senior Planner Gaffron stated the applicants have submitted a sketch plan for a proposed 27-unnit single­ family detached townhome development on the portions of the property not encumbered by the former sanitary landfill. Discussion of the potential for a second phase of development for a multi-family building on a portion of the landfill site is also requested. Page 7 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS O/B/O MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD-AVERAGE LAKESHORE SEfflACK VARIANCE-PUBLIC BEARING Curtis stated the applicant is requesting an average lakeshore setback variance to permit construction of a second story over the existing home, modifications to a portion of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck located between 38 feet and 91 feet ahead of the average lakeshore setback line. The Abbott property is situated between two lakeshore lots owned by the Browns on the north and the Swenson's on the south. The house on the Brown property is 133 feet from the lake. The Swenson home is 261 feet from the lake. The Abbott is 136 feet from the lake. The offset of the neighboring homes results in an average lakeshore setback which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. The applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required to waive the Planning Commission review. Notice has been provided of tonight's hearing. The 100-foot offset of the neighboring homes results in the Abbott home being largely nonconfon:ning. Any expansion in the footprint of the mass of the home requires an average lakeshore setback variance. Construction plans and annotated site photos showing the addition outline were provided. Both neighbors have submitted supportive comments and those comments have been included in the Council's packet. Additions to the home do not appear to impact the neighbors' view of the lake. Staff's analysis of the practice difficulty was provided in Staff's memo. Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance. The Council should consider a motion to waive the Planning Commission's review of the application. The Council should open the public hearing, consider comments from the public, and direct Staff to prepare a resolution either denying or granting approval of the average lakeshore setback variance for adoption at the January 11 meeting. Levang stated she would like the Planning Commission to review this application due to the impact on the average lakeshore setback. Cornick moved, Walsh seconded, to waive review by the Planning Commission of Application No. 15-3796, A. Sadowski Designs on behalf of Michele Williams-Abbott, 2941 Casco Point Road. McMillan noted there is not a Planning Commission meeting in December and that the applicants would lose at least six weeks. McMillan stated in her view there is a real practical difficulty in this situation. Printup stated it seems to make sense to move forward with the application as quickly as possible since the neighbors are out of town and construction could be started in their absence. Sadowski stated they would like to move forward with a building permit right after this meeting so they can begin construction. Page 35 of44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS O/B/O MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD-AVERAGE LAKESHORE SETBACK VARIANCE-PUBLIC HEARING (continued) Sadowski stated they attempted to do their due diligence ahead of time and the fact that there is no Planning Commission meeting in December came up as a surprise. Sadowski stated the neighbors will be coming back in the spring and that there is a shared driveway that they got consent to use. Sadowski stated to push it back another month would make it difficult to finish the project prior to the neighbors returning. Levang asked if a building permit could be issued that quickly. Mattick stated traditionally building permits do not issue until the resolution has been adopted. Mattick stated as long as all of the necessary securities are in hand, he would not have a problem with the request that building be allowed to commence before the resolution is adopted. Mattick stated he is assuming the resolution would likely be on the Consent Agenda. Levang asked if the applicant understands she will not receive the building permit tomorrow. Community Development Director Barnhart stated there is some time involved in obtaining a building permit and that he is not aware of when the building permit was applied for. Barnhart stated Staff will review it as quickly as possible but that this meeting tonight is intended to help move it along faster. Walsh stated normally this would come back to the City Council in January but that they can circumvent that and it is just a matter of Staff reviewing the plans. Sadowski stated the plans have been submitted to the City for a couple of weeks before they found out about there being no Planning Commission meeting in December. Curtis stated the plans have been submitted. Typically whenever there is a variance request, the building inspector does not review them until the variance and resolution have been approved but that he has been asked to review them earlier. Levang stated she just wants the applicant to understand that the building permit probably will not be issued tomorrow. Sadowski stated she understands that. VOTE: Ayes 5, Nays 0. Mayor McMillan opened the public hearing at 10:31 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 10:31 p.m. McMillan noted this is a practical difficulty given the location of the house on the left. Page 36of44 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 17. #15-3796 A. SADOWSKI DESIGNS O/B/O MICHELE WILLIAMS-ABBOTT, 2941 CASCO POINT ROAD -AVERAGE LAKESHORE SETBACK VARIANCE -PUBLIC HEARING (continued) Walsh moved, Cornick seconded, to direct Staff to draft an approval resolution for Application No. 15-3796, A. Sadowski Designs on behalf of Michele Williams Abbott, 2941 Casco Point Road, granting of an average lakeshore setback variance. Levang asked if Staff could review the hardcover in the 75-foot zone. Curtis indicated there is an existing boathouse, stairway, and deck on the lakeside of the home, which will remain. VOTE: Ayes 5, Nays 0. McMillan noted the resolution will be before the City Council on January 11 and the applicant can work with Staff on the building permit. Mattick stated past practice has always been not to issue the building permit prior to the resolution being adopted and that he would recommend the City Council authorize Staff to issue the building permit before the resolution is adopted. Walsh moved, Printup seconded, to issue the building permit if it is ready prior to adoption of the resolution. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh wished everyone a Merry Christmas and Happy New Year. Cornick thanked Staff for their hard work over the past year. Levang announced the Marfield Family Foundation made a very generous donation to the community garden and that she would like to thank Council Member Printup for his assistance in that. Levang stated she would also like to acknowledge the work the Orono Police Department is doing and that other cities are very happy with the service they are receiving from the Orono Police Department, especially on the Heart Safe program. Levang reported that Thaddeous Steel did receive his Eagle Scout for his work at French Creek. Printup noted tonight's Council packet is roughly 1,000-plus pages and that the cost to print off the packets was approximately $273.50. Printup stated his iPad has been working great and that he would encourage the rest of the City Council to go paperless as much as possible. McMillan stated last Friday she, Jessica, Adam, and Rick Meyers met with Mr. Lurton's daughter to discuss the off leash area at Lurton Park. Page 37of44 Date Application Received: 11/17/15 Date Application Considered as Complete: 12/02/15 60-Day Review Period Expires: 01/31/16 Department Approval: Name: Melanie Curtis l'Y1CC Title: Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: 28 December 2015 Item No. Agenda Section: Planning Item Description: #15-3796-A. Sadowski Designs o/b/o Michele Williams-Abbott -2941 Casco Point Rd Average Lakeshore Setback Variance -Resolution Application Summary: At the December 14th meeting, the City Council reviewed a variance to permit the construction of a 2nd story over the existing home, construct modifications to portions of the existing roof to accommodate the addition, and to construction of a new lakeside covered porch over an existing deck lakeward of the average lakeshore setback line. At the applicant's request, the Council voted 5 to O in favor of waiving the Planning Commission's review of the request for an average lakeshore setback variance. The City Council held a public hearing. After hearing from the applicant and considering the supportive comments submitted by the neighbors, the Council discussed and approved the request on a vote of 5 to 0. Additionally, the Council voted 5 to Oto direct staff to issue the permit, prior to adoption of an approval resolution, so that construction could commence upon a satisfactory review of the building plans. The permit for the addition was issued on December 23 rd • COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached resolution granting approval of the average lakeshore setback variance. List of Exhibits Exhibit A. Exhibit 8. Exhibit C. Draft Resolution Planning Report & Exhibits 12/07 /15 Draft Council Minutes 12/14/15 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. #15-3796 Council Exhibit A WHEREAS, Michele Williams-Abbott Tru•t (hereinafter the "Owner''), is the owner of the property addressed 2941 Casco Point Road and legally. described as: Lot 92 and the southerly 30 feet of Lot 93, Spring Park, Hennepin Counfy, Minnesota (hereinafter the "Property"); WHEREAS, on November 17, 2015, John Abbott and Michele Williams-Abbott, trustees of the Michelle Williams-Abbott Trust, (hereinafter the Applicants") on behalf of the Owner applied for a variance from Orono Municipal Zoning Code Section 78:..1279(6) to allow construction of a second story over the existing home; modifications to the roof to accommodate the second story addition; and a lakeside covered porch lakeward of the average lakeshore setback line; and WHEREAS, on December 14, .2015, afterpublished and mailed notice in accordance with Minnesota Statutes ~ocl th,:(;ity Code, the CityQouncil held a public hearing, at which time all persons desiring.to be heard concerning this application were given the opportunity to speak thereon; and · · WHEREAS, on December14, 2015,<the City Council reviewed the application and the recornrnenaations >of City staff and directed preparation of findings for approval of the varianc~; .. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby apprbv~s the requested variance as described above based on one or more of the following findihgts. qf fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #15-3796. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1 C, One Family Lakeshore Residential Zoning District. 3. The Property contains 27,600 square feet in area and has a defined lot width of 92-feet at the ordinary high water level and 106-feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The Property contains 22% hardcover. 5. Applicants have applied for the following variance: a. Variance from Orono Zoning Code Section 78-1279(6) to allow construction of a second story, roof modifications and an open p.orch between 38-feet and 91-feet lakeward of the average lakeshore setbac~ line. 6. In considering this application for variance, the Council has considered 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. · ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ... " The purpose for the ordinance is to protect views of the lake enjoyed by adjacent property owners. The proposed additions and modifications to the home will not adversely impact existing views of the lake from neighboring properties. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." Construction of a second story addition over portions of the residential home is in harmony with the intent of the use of the residential property as indicated in the Comprehensive Plan. ,' ,, 3. "V~riances may· be, granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in conne¢jon with the granting of a variance, means that: a. the property own¢f.in question proposes to use the property in a reasonable manner, how~ver, the propos.ed use is not permitted by the official controls. Application of the average lakeshore setback rule results in over half of the home being non-conforming. The second story addition over the existing home footprint is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 2 The average lakeshore setback line over the home on the Property resulting from the setback offset between the neighboring homes was not created by the Owner. c. The variance, if granted, will not alter the essential character of the locality." Lake views currently enjoyed by the neighboring properties will not change as a result of this project. 4. "Economic considerations alone do not constitute practical difficulties." The variance is requested due to the location of the existing home and setback, rather than economic considerations. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances snall. be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, .when in harrnony with Orono City Code Chapter 78." This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for .property in the zone: where the affected person's land is located." The residential use is compatible with the LR-1 C zoning district. This criterion is not applicable. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dw~lling." This criterion is not applicable. 8. "The.~pec;jal conditi()ns.applying·tothe structure or land in question are peculiar to such prp~rty :orir:nr:nediately adjoining .property." The unique shape and orientation of the Property as well as the abutting properties results in an awkward setback offset not common in lakeshore properties. 9. "The q~nditions do not apply generally to other land or structures in the district in which the land is'located." The orientation of the Property in relation to the adjacent properties is unique to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property fight of the applicant." Granting of the average lakeshore setback variance is necessary in order to construct the 2nd story addition preserving a property right of the Owner. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The variance to 3 construct the additions to the home will not impact health, safety, comfort, or morals or be contrary to the zoning code. 12. ''The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting the average lakeshore setback variance to construct the additions will alleviate a difficulty created in the orientation of the Property and surrounding properties. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Oro.no Qity Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to alloVII construction of a second story over a portion of the home; roof modifications over a portion ofthe home to accommodate the second story addition; and construction of an open covered porch between 38-feet and 91- feet lakeward of the average lakes ho re setback line where no structures are permitted; subject to the following conditions: · · · · 1. Council approval is based on 'fhe survey dated 11/17/15 and building plans submitted by the Applicants and annotated by pity staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Authorities grl;inted by this resolution run with the Property not with the Owner, but are permissive ohly and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be compl~~~ci xvithin one 1yea.r oHhe date of Council approval, or the variance will expire on th~t ~~i-e ~J~OU8ry 11, 2017). . . 3. Vi~l~tion of or non-cornpliancE3,with any of the terms and conditions of this resolution shall co~tit.ute a violation. of the· zdning code, shall automatically terminate any authority grante~herein, and shalt,be punishable as a misdemeanor. . . 4. The und~rsjgr,ed Applicant has read, understand and hereby agree to the terms of this resolution anc;fpn beha)f :qf the Owner and the Owner's heirs, successors and assigns, hereby agree to'the r!=Cc>fding of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 11 th day of January, 2016. 4 ATTEST: CITY OF ORONO: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor 5 Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Property Owner , ', 1 This instrume~tiwas acknQwledged beforemefhis _day of _____ , 2016, by Notary Public 6 C 0 <( ;.., :::, ·--.c o·-u, .c Cl,) >< ct:W r 20 40 60 SCALE IN FEET , = EXISTING SPOT ELEVATION, X(998.0} = PROPOSED SPOT ELEVATION ..;······ = DIRECTION SURF ACE DRAINAGE COH = CANTILEVERED OVERHANG OHL GFE TFE LFE "" OVERHEAD UTILITY LINE = GARAGE FLOOR ELEVATION = TOP OF FOUNDATION ELEVATION = LOWEST FLOOR ELEVATION ------,;; ~':,'o,01. HARDCOVER EXISTING HOUSE = 3028 SF DECK = 320 SF SHED = 80 SF DRIVE = 2060 SF (CASCO ROAD NOT INCLUDED) WALK = 262 SF BOATHO = 280 SF TOTAL = 6030 SF /21.8% PR0P0S£0 FRP0RCH = 25 SF {A00ITI0NAL} ------ ---<,~ '"--0,, \ HOUSE / \ '1-q. ,, /----t #2933 / \ ,v/ ' ··•/ - ,,,"\-S:i_/r I j' " - TOTAL EXISTING AND PR0P0S£0 = 6055 SF /22% ; "'.~·· -.,,,ti<--, I ,,.,, // 1-~ I ' C !JJ0 0V ~ \ GARAGE - 'l&\,'l.Y. tf,, ~o gf>\.!>Y. ~ ::i,;, C:, ~~'!, \ \ , •• _, ',\" '-\ \' ' 1 \ \ ' \ \ \'\\~ ~ •,. _ \-\ ,2 I I \ \ \ I ', -----_,,,,_>?IT ' \T\ \f \_\\\"~~~~-----;.~--'\-\ ',\ ,,,,,~,,.% II s:. \I 1' \ I" \ \ '--=-~~" ~ ~\\'~ \&' \, \ \ \~ '------~~ ,.,,,,,,, ----"-:~~~ ·/ 6 •11\ ' 1 \'' _ --_ _ , ':;:f \T\ ri,11t 4 \~\~ I \ ''-.........._ •"" l \~\,\\ \\ ;,\, .I~•---_ ·: 57s•30" ~ 16-53 ..... _______ A-----..... ___ ~-~.,r I # 2 965 .\\\ \ \ \ \ ' -' '' •" ' ' ,.--------J;;,J,,------' \ "',--__ -c-;/----' - '\' . \_ -------a"!,-;>oc-~----', __ _,--\ ~~ '));0,':;-_;;.:-::..:::."c-----"\--\ \ \ t~~A~/~icDRIPTION: ' --~ ' ""' -=• ' \ \ ,-oeAA< ~~~ \ \ .~•-oo .. ~ ADDRESS -2941 CASCO POINT RD PID#20-117-23-31-0047 4!',!:,.l) 1 \ EXISTING HOUSE #2967 LOT AREA = 27600 SF/ 0,63 AC X 25% = 6900 SF HC ALLOWED SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT \NFORMA TION VERIFY ALL DIMENSIONS AND ELEVATIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY .. ]I~ .. i~~ •a"' tB~;:; ~~c,~g ~Ol~;i,; ... rt .. o, lj~~ 111:,fl>WOI tH; ~Yi ~~ Y)C) t,,,j;:,, )... 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I I I I: I [JEJ 0 I MASTER 0EOROOM I I I~-•~.'.'_ I 1,1,~ A.fil!.\/JLO_gJU~IRA.!__ _ ~ PATCH W"-1.0 OUST. WINDOW I..OCAnllN ARCHITECTURAL SYMBOL KEY: -NEWWALL SHEETTITlE, FLOOR PLANS RESIDENCfl, ABBOTT RESIDENCE 2941 CASCO PT RD. ORONO, MN 55391 CONSTRUCTION DOCUMENTS ISSUEOATE 10.23.15 REVISION DATES: 11.02.ISPERMITISSUE ~ A2.0 A.SADOWSKI OES1GNS 17800 H\JTCHINS DR. MlNNET~~:ot:: 55345 www.o1odo...kldo1io9~""m ,.._,1- 1~~T~~"=AA~1 .n;, II Ii. --- HOIGAII.OGEOOOflS 8EUIII' -RUDI TD ~TDIIORaEV ... nDNS QQD BEDROOM J -i;i' ClRPO" ,' @ lt!PNY~L FLOOR _el!,~ --u§D- BED=2 ~·-•· s·-d· Q)_ 36·-J· [filJ BE=M 1 ,-----------7 I I I I I I I I EXISTING GARAGE ROOF I I L ______ ----_ _J ~ ~ ARCHITECTURAL SYMBOL KEY: EXIST!NOWAU -NEWWALL --Rl:FU:CTED CEILING EXISTING KITCHEN ROOF EXISTING ROOF OVER MASTER BEDROOM ROOF OVER SCREEN PORCH FRAME GABLED EN( -PATCH ROOF A.SADOWSKI DESIGNS SHEETTlnE, FLOOR PLAN & ROOF PLAN RESIOENO:, ABBOTT RESIDENCE 2941 CASCO PT RD. 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FASTEN 2X4 SILL PlATE TO BLOCKlNC BEl.OWW/ 1.EOGfR!.O!(S 01!° 0.C., MIN. l' Ii~ lor;i j~t'J I I I I I 11 1® II 11 ·----------------~-----------ci r ---71 II-II I I,~ I I I l1i@ I I I I ~ L I Le'':_ --'_J il / 1/ a/ I J 0 i;-- I l's I I I I " " " 111 '11 111 ~ ~.,,- ~ !!15 .i ~ @ ~ ~ @J I ®~ I I ~ 11,~ I • I I iii ® -I,> A SADOWSKI DESIGNS SHEETTITlE, STRUCTURAL PLANS RESIDENCE, ABBOTT RESIDENCE 2941 CASCO PT RD. ORONO, MN 55391 CONSTRUCTION DOCUMENTS ISSUE DATE 10.23.15 REVISION OATES: 11.02.UPERMITISSUE ~ 51 A.SADOWSKI DESIGNS 17800 HUTCHINS OR, MINNET~~~:;i 553-45 ,.,..w,c,cdo-.ldo~,g~.,.,. Date Application Received: 11/17/15 Date Application Considered as Complete: 12/02/15 60-Day Review Period Expires: 01/31/16 REQUEST FOR COUNCIL ACTION Council Exhibit 8 Date: 7 December 2015 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis W)CC Planning Title: Planner Item Description: Application Summary: #15-3796 -A. Sadowski Designs o/b/o Michele Williams-Abbott -2941 Casco Point Rd Average Lakeshore Setback Variance -Public Hearing The applicant is requesting approval of an average lake shore setback variance. The variance would permit the construction of a 2nd story over the existing home, modifications to portions of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck between 38' and 91' ahead of the average lakeshore setback line. The subject lot, the Abbott property, is situated between two lakeshore lots resulting in application of the average lakeshore setback. The property to the north owned by Nancy Brown (2933 Casco Point Road) is 133 feet from the OHWL; the property to the south owned by Cliff and Barbara Swenson (2965 Casco Point Road) is located 261 feet from the OWHL. The location of the Swenson home results in a severe average lakeshore setback line over the Abbott property which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. Due to the project logistics and shared driveway the applicant as well as the most affected neighbors (Swensons) have hopes of completing the majority of the construction while the Swensons are away for the winter. The applicant and staff discussed the project in the Fall and due to an inaccurate survey in the file which represented the home at 2967 Casco Point Road as the adjacent neighbor rather than the Swensons, it was not obvious an average lakeshore setback variance would be necessary. Upon a more detailed review correctly applying the average lakeshore setback requirements, staff determined a variance would be necessary. The City's meeting schedule does not offer a Planning Commission meeting opportunity in December, therefore pursuant to City Code Section 78-122 the applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required in order to waive the Planning Commission's review. Notice was published to allow for a public hearing by the City Council at the December 14th meeting. LOT ANALYSIS WORKSHEET Section 78-350 -Setbacks· LR-1C Required Existing Proposed Rear/Street 30' 33.1' from Swenson Property No Change +120' from Casco Point Rd North Side 10' 10.5' 10.5' South Side 10' 11' 11' Lakeshore 75' 136' 136' The existing home is between 38' -91' lakeward of the average lakeshore Average Lakeshore setback line. The additions proposed over the existing footprint are almost entirely lakeward of this setback. The proposed screen porch roof will be over an existing structural deck. Section 78-350 -Lot Area/Width: DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 27,600 s.f. (0.63 acre) 92' @ 75' /106' @ OHWL Section 78-1403-Structural Covera1?e: Total Lot Area Total Structural Coverage 27,600 s.f. (0.63 acre) Allowed: 4,140 s.f. (15%) Proposed: 3,780 s.f. {13%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 27,600 s.f. 6,900 s.f. 6,030 s.f. 1280 s.f. 6,055 s.f. 1280 s.f. w/in (25%) (21.8%) w/in 75' (22%) 75' Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279(6)) #15-3796 7 Dec 2015 Page 2 of 4 Because the property is a lakeshore lot and is situated between two lakeshore properties, the average lakeshore setback requirement applies. The Abbott property and the Swenson property are configured as opposing flag-shaped lots; the Swenson lot is wider at Casco Point Road and narrow at the lake, while the Abbott property is narrow (30' wide) at Casco Point Road and 106 feet wide at the lake. This configuration further adds to the deeper offset creating the average lakeshore setback. The +100-foot offset of the neighboring homes results in most of the Abbott home being nonconforming with respect to the average lakeshore setback. Any expansion of the footprint or mass of the home will require an average lakeshore setback variance. The applicant has provided construction plans as well as annotated site photos which reflect the proposed changes to the Abbott home. Both neighbors have provided supportive comments about the project and variance request (Exhibit G). The Swensons' view of the lake from their patio area is shown in the applicant's photo (labeled as "exhibit C" on Exhibit F2). The additions to the Abbott home do not appear to impact the Swensons' current view of the lake; nor do the additions appear to adversely impact lake views from the Brown residence on the other side. Governing Regulation: Variance (Section 78-123) In reviewing 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 practical difficulties 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 keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with this chapter. The board 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. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: #15-3796 7 Dec 2015 Page 3 of 4 1. The variance is in harmony with the general intent and purpose of the Ordinance. The purpose for the ordinance is to protect views of the lake. The proposed additions and modifications to the home will not adversely impact existing views of the lake from neighboring properties. 2. The variance is consistent with the comprehensive plan. Construction of a second story addition over portions of the residential home is in harmony with the intent of the use of the residential property. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Application of the average lakeshore setback results in making over half of the home non-conforming. The second story addition over the existing home footprint is reasonable. b. There are circumstances unique to the property not created by the landowner; The average lakeshore setback line resulting from the setback offset of the neighboring homes was not created by the landowner; and c. The variance will not alter the essential character of the locality. Lake views currently enjoyed by the neighboring properties will not change as a result of this project. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique orientation of the subject property and the abutting neighbors' properties results in an awkward setback offset not common in lakeshore properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The orientation of the subject property and the abutting neighbors is unique to the subject property. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The average lakeshore setback variance is necessary in order to construct the 2nd story addition preserving a property right of the owners. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The variance to construct the additions to the home will not impact health, safety, comfort, or morals or be contrary to the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting the average lakeshore setback variance to construct the additions will alleviate a difficulty created in the orientation of the subject and surrounding properties. The Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance. Public Comments The public comments received regarding this application are included as Exhibit G. Issues for Consideration #15-3796 7 Dec 2015 Page 4 of 4 l. Does the Council find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Council find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Council find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? COUNCIL ACTION REQUESTED The Council should consider a motion to waive the Planning Commission's review of the application. The Council should open the public hearing, consider comments from the public and, direct staff to draft a resolution either denying or granting approval of the average lakeshore setback variance for adoption at the January 11th meeting. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Exhibit L. Application Practical Difficulties Documentation Form Proposed Survey/Site Plan Proposed Plans and Elevations Submitted Hardcover Calculations Site Photos -Applicant Neighbor Comments Aerial Photos -Staff Legal Notice City Code Excerpts Property Owners List Plat Map council Exhibit A CITY OF ORONO VARIANCE APPLICATION Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box.66 Crystal Bay, MN 55323-0066 Application# 15 -3 79 (p Date Received: //-17-/.5 Staff: MC.. Fee: $700 -'--------Renew a I: $350 ---,-------After-the-fact: 400 Double Fee Escrow Fe $700 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2 q Li I C .ASC.O '?c\\JT 1:-D Property Identification Number (PIN): Date Property Acquired (month/year): ca /1.(,J'-f □ Yes, I own the adjacent parcels. Zoning District: LP-I c__ --'--------- APPLICANT INFORIVIATION: (Complete legal names and marital status required for each interested party) Name: A.Sa..dOWS/c--i ~r~S Phone: 9 '22 , ~~ -4--z_ ~c Alternate Phone: Complete Address: \3~ ~,~-=::, :02--,~f: City, State & ZIP ~\t-.>Nf::s:t:n-?'6& , ,-.>,,-",) 6'5Y:16 Email: a\e-.\---½ <Z A {!> a seu;l,~MStey10:<s. , ~: OWNER INFORMATIO : (Com~lete legal names marital status required for each interested party) Name: lDCR \!'a.~-..o-ur"<.~~ Phone 1fu._7 ~-~B__::zl_ Alternate Phone: Complete Address: Lai--fi f61)c..<::) Pot nti <it<l!"")ocf City, State & ZIP ~(]a__ N Ll c.✓s,~ C-<.. \ Email: m ,·c..he...le..., oJ)ci;ff\-_.ipa ~ \ @)~OCC:.:1\L c.o~: _' _________ _ . . .__, DESCRIPTION OF REQUEST: Describe the request in detail (attach a~ditional sheets if necessary): \== ru:~ R<bj?05i~ ~ SeCa.?(\C ~ ~nd\ I @A>,J !Oat o.t-&,__Gttz.eo.._± ~~ Cu"d. .o. er~~ ~ ~ ~ _4eQ.~ ~ ~Hd ~~,~~fu.rGpwi~ :tbaC~~ ·d;~s C\cl-iM{/<X'L+k- -s"k 1:N>S t£:fr: ed::be.c ~~-t lo+. . ·\ ,"'';. r °' Packet Last Updated: August 2015 ·, Page 11 # 3796 RECEIVED NOV 1 7 2015 (plTY OF ORONO REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not En~IP$iclf · Applicable D □ □ D D Minnehaha Creek Watershed District (MCWD) Permit or Documentation from MCWD statin · APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant's Signature: Applicant's Signature: ------------ Owner's Signature: Owner's Signature: Packet Last Updated: August 2015 Page 12 Date: Date: Date: # 3796 RECEIVED NOV 1 7 2015 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 Minnesota State Statute 13.04 (see following page) to review private data on yourself. · 6. Your full name is required to process this application or permit. First l?fibo Address M,JJt-J~M City Packet Last Updated: August 2015 Middle Last Mk! State Page 13 # 3796 RECEIVED NOV 1 7 2015 CITY OF ORONO PRACTICAL DIFFICULTIES DOCUMENTATION FORM Council Exhibit B This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." '¥i,$ · (1~f4n\W( 0-{C<M@C· 2. "~~~ght of the landowne. r is due to circu.mstance. s u. niq. u. e to his prope.rty not creat.ed by the landowner." ~~~~~. IS fi~5;~LY ml(FW,W P.ii-1]2 b . . ··. '3. "The variance; if .granted, will not alter the essential character of the·locality." 4. "Economic constderatioris alone do not constitute practical difficulties if reasonable use for the property exists under th~ terms of th~ Zon!ng Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." Packet Last Updated: August 2015 Page 16 RECEIVED NOV 1 7 2015 CITYOFORON~f 3 7 96 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." '(«, l)tl( I( ro4 Ut.\t&vlML Cf(\D\JVr 1'Mf P\/\> (M{, i¾f~ I\TlsN WOOJ ij'MY 9. "The con~ifo~l~'fa:~ generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right 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." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." M''()J '-l 1 BCio~S" 7"l f\ S"'t()>O\) w:>K. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): 7\-\f'.. f\\.>~Mj,,'t!l 1,-,07 w&S L{?fN\c,..;f>t-'{ 'PlVl'OtS-D 1.t-:!:ID 1.... Lo,:S (29 <o5 -t Z~ <P1) W':\,e H ($ NITT f'.\IE;,-J A e,C;>t:? :folZM ,14C. ?tao?E;rlt-_,Y. :tl::\\S tS A:ff:EL"J1t:?C! :D::if; ,A-1:>1 L r:rY Fdtt. A-,JY soi;., of , t-2\ kk NOT: 'Of$ .A:ff('c::.-r:J=:1?. Packet Last Updated: August 2015 Page 17 # 3796 RECEIVED NOV 1 7 2015 CITY OF ORONO r 0 20 40 60 SCALE IN FEET = EXISTING SPOT ELEV A TION. X(998.0) = PROPOSED SPOT ELEVATION .,,,,,,. COH OHL GFE TFE LFE = DIRECTION SURF ACE DRAINAGE = CANTILEVERED OVERHANG = OVERHEAD UTILITY LINE = GARAGE FLOOR ELEVATION = TOP OF FOUNDATION ELEV A TION = LOWEST FLOOR ELEV A TION HARDCOVER EXISTING HOUSE= 3028 SF DECK 320 SF SHED = 80 SF DRIVE = 2060 SF (CASCO ROAD NOT INCLUDED) WALK = 262 SF BOATHO = 280 SF TOT AL = 6030 SF /21.8% PROPOSED FRPORCH = 25 SF {ADDITIONAL) TOTAL EXISTING AND PROPOSED= 6055 SF/22% EXISTING HOUSE #2967 ------------- ---------. I I / I I ---......_ GARAGE ,.tts-:::... ,,1 ~ I ~ / 'i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LEGAL DESCRIPTION: LOT 92 AND THE SELY 30 FT OF LOT 93, SPRING PARK, HENNEPIN CO., MN. ADDRESS -2941 CASCO POINT RD PID#20-117-23-31-0047 LOT AREA = 27600 SF/ 0.63 AC X 25% = 6900 SF HC ALLOWED SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEV A TIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY -z. Council Exhibit C \ : I f f I I I I X952.4 ! I I ! I I I I 133 I / I i j f f / --r \ q, \ \ ~ ~ / \ ~\ q, //-~ L L--,-./ 958.1X '\ \~ /.,/ /,/ i ./ // / // / I __ °ITTITJ. ,/ // / X966.9 ,,./ ,"\ / X965.0 / / I /' / ./ ;/ X966.8 ,/ , ... ~,,,,---· /Ii .,. / /'/ // / / / / / I ~ w 213,ft3 /,/ / ,•' / "969.7 / :_& 99'9./ I O I / 7 ; / / ,./I / / / ,/ 968.1X ., ..9 ·, .. ,,,6' \ \ \ \ \ / / I )>11 a z , ... q J; ! • ?.I ~ 0 I I I I L _________ _J 0 ~ 0 3 0 z z 0 ~ 0 () 00 ()Z Cu, ~--< z~ --< () U> :::j 0 z :,)IZ:,:, ►1~ o±rnggs ~~50~ ~Bz::r .,.,::in t::l:,:;,m :f!p ~ 01~ ► ~~ o;,- mv, ~ ~~ v,► _o Cl~ 3 0 Zva z v,C; 0 !< 0 ~ ,------7 _J I I Council Exhibit D ~~Er @ !2,7'f;~~1~JY~LflOOR PLAN §] ~gro~p~ -------@-7 E)(IST, DECK STRUCruR~ All<M:TO A!;J.WN N(WE):;R,:SSWINOCW AS~t~WAU.S ® t l ru"'"'""" • . .i~POINT IF f'RM,IING /::CANNOTIIEREMOVEOm /;:jn.llSHOUTIIACl(WAI.L ~ i * @ ro::1~. ~~~EL FLOOR PLAN ~ /// ~ / / \ 'CC::-C::-C:=:' "' 'od'sr, JOIST OIRECTION --~ ~~ _ _L'.'.:_ __ _ ~rn,~~-~J! ro• ,rn •~= ro~ l~ -~~~=-1~ -I I I ~ I ~ I I I ! I DE] 5 I MASTER BEDROOM I )---""..:"."'.'.'._ k:ii"!!!2!:!J Rifil!'Ul___g)l.l~TAA!._ _ 2:::J ARCHITECTURAL SYMBOL KEY: -NEWWALL SHEET TITLE, FLOOR PLANS !U;SlDENCE, ABBOTT RESIDENCE 2941 CASCO PT RD. ORONO, MN 55391 CONSTRUCTION DOCUMENTS ISSUE DATE 10.23.15 !U;VISION DATES, 11.02.lSPERMITISSUE SHEET NUMBER, A2.0 ASADOWSKI DESIGNS 17800 HVfCHINS DR, MINNET~~~~~ 55345 -w.o,odo•••ldd••lng~,:om HfWGARAGEOCCAS 8Et.OW-AE:fUlTC E>CllJllOAEUVATIONS l!f:-_al:_ 1~~~T~:rii=AAf,\I ~ 8E0~~3 11 --~~ @ 3!;1~ h~Y~L FLOOR PLAt! ,,.,,l, ~·-Ji· 9·-d· ,._J. V£RlNW/ ea.ow (D [~~H8~8UM!' ,---------7 I I I I I I EXISTING GARAGE ROOF I I L_ --__ _J ARCHITECTURAL SYMBOL KEY: EXIST!NGWALl -NEWWALL -REFLECTEDCEIUNG EXISTING KITCHEN ROOF EXISTING ROOF OVER MASTER BEDROOM I ROOF OVER SCREEN PORCH !HANG ~EAT ROOf.1 EO -MAT, :HT@ GRE RAME GABLED EN( · PATCH ROOF A. SADOWSKI DESIGNS SHEETTinE, FLOOR PLAN & ROOF PLAN RESIDENCE, ABBOTT RESIDENCE 2941 CASCO PT RD. ORONO, MN 55391 CONSTRUCTION DOCUMENTS ISSUEOATE 10.23.15 REVISION OATES, 11.02.15 PERMIT ISSUE SHEET NUMBER, A2.1 A.SADOWSKI DESIGNS 17800 HUTCHINS DR. MINNET~~.J~A:;' 55345 ~w.o,odo...i.ldolio~~~ ~DI.} ~= ..... @ ~~W}~EVATION @ NORJ,'1",~LEVATION A.SADOWSKI DESIGNS SHEETTITte: EXTERIOR ELEVATIONS :GfsoTT RESIDENCE 2941 CASCO PT RD. ORONO, MN SS39! CONSTRUCTION DOCUMENTS \SSUEOATE 10.23.15 REVISION OATU: ll.02.15PERMITISSUE SHEET NUMBER, A3.0 A.SADOWSKI DESIGNS 17800 HUTCHINS OR, MINNET;!~~~ 55345 ..,..,..~,o~o..-,lddo.ro9~rom @ filllLSlN,q SECTIO~ 5!1EAAWAU; =ro MOl!OOM STRVCl\lRN. @ ~~.L~!~,q SECTIOl':! =" l<JTCHEN OOORTO S<OROOMJ 0 2f<oA.iojRHAU 1 1 1 ® ~,le!r:,q S_ECTION OOORTO !£OROOM2 rnv,.•r,.,.. ........ ::::lf .. ~ ~~"" A. SADOWSKI DESIGNS SHEETTITLE, BUILDING SECTIONS RESIDENCE, ABBOTT RESIDENCE 2941 CASCO PT RD. ORONO, MN S5391 CONSTRUCTION DOCUMENTS ISSUE DATE 10.23.15 REVISION DATES, 11.02.15 PERMIT ISSUE SHEET NUMBER, A4.0 A.SADOWSKI DESIGNS 17800 HUTCHINS DR, MINNET~~~~~ 553-45 ~w.a,a<lawdddo,i,9~mm 1i~ ·, l!~ ~ (j> J'-o· X J'-o" X 1·-0· CONC. PAO FTG. W/ (J) I-S'S £ACH WAY {p t-o· xt-o· X 1'-o"CONC. PAOf"TG <t_} 12"DIAM.CAISSONW/(1},SVERT.BELLEOOIJTT024"01AM.O BASE.MIN.(5'-0"FflOSl"OEPTH.UIN. @(2)2l!81J.N.O @(2):Z..10 @(2)1-¾"X9-¼"1.6Elt/ls @(2)1-¾"x11-1i"1.aELYL$ @(3)!-¾"X9-¼"1.6ELVls(fLIJSH) @ROOFTRIJSSES02'-o"o.c. @16"FlODRIRIJSSES019.2"0.C .. MIN. @2X6FlOORJ01ST016"0.C.,UIN ®) (2)2X4 @(3)2X4 @{4)2X40R(l)2X6 6 (3)2X6 @(2)2X6 ® HSS3XJX1 e} 6 X 6 POST @5-Y."X7"PSL' @ J-)):"X7"PSL' @ 5-!° X 7" 2.0E PSL PO!r ~iiMP6lllJSL"'°~lJMJ(IJllU0) (2 PER ENO) CUPS (OREO), TYP. (2 PER END) @EXIST.SITEL8£AM(l-1ELOVERIH) J:,. AOO ½i OS8 SKEAR WALL FASTENEll W/ 60 NAILS O 6" O.C., MIN. L!.l AUGN W/ EXIST. WALL SHEATHING ABO'IE i.e.. PR0"'10($0LJ08LOO(INGIN8ETWEEN FlOOR JOISTS OSHEAR WAU. a.:,,. ABOVE. FASTEN 2X4 SlU. PLATt TO BLOCKING BO.OW W/ LEOGE!lLOKS oa· o.c., MIN. -:==:cc~· =-=-l§T :::, l~~ ' I I I I 11 I® II 11 ___ _. ________ . -----~-----------~l ['---,, i ---r 11! I 111~ I I .:~---··-~ I!! !,1 i1! Tr: -a, 1 11 II II r::::'h ~ M ~ 14 oclll"" , " ®I ®I b I I • I !I~ I" ,,t ®. A SADOWSKI DESIGNS SHEET Tin£, STRUCTURAL PLANS RESIDENCE, ABBOTT RESIDENCE 2941 CASCO PT RD. ORONO, MN 55391 CONSTRUCTION DOCUMENTS ISSUE DATE 10.23.lS REVISION. OATES, 11.02.lSPERMITISSUE ~ 51 A.SADOWSKI DESIGNS 17800 HI.Jl"CHINS OR. MINNl:T~~~~ 55345 "'""'·•••dowdddo.,,guom City of Orono Hardcover Cafculation Worksheet - Council Exhibit E t(.CvCIVCU ProP.erty Address: 2 '7 4 l C p. S GO R D A D ['FC -2 2015 Prepared by: /?A-N_D_y __ S_r_e_f!._N ______ D_at-e:-,-2,-,-2--, ..... ,-'o-iTY OF ORONO Stormwater QualitfOver1ay District Tier: (Circle one) Tier 1 Tier 2 Tier.3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion.• Keyto Hardcover Item (Describe) Length x Width Total Survey (Square Feet) {Example) (Garaae) (24'x30') 720 S.F.\ A uous,:. 'll,~· .J2. S.F. 8 ~ECk"" ~~ 0 S,F. C '.SI-I ~D 10 S.F. D l"')O\YrJ; r Do if:-<(. "'cr1"' ,...i..-• r. r4J!. !,-l", P"r 2".) 20 ,,.c::, S.F. E w A-L~ 2 ::.2. S.F. F ~,-.A,-H Dl'J ~E '2. I ~" S.F. G' S.F. H S.F. ! S.F. J S.F. K S.F. L -. S.F. M S.F. N S.F. 0 -S.F. p S.F. a S.F. R --S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. 111 Total Existino Hardcover bO~O S.F. Excludable Hardcover (See Cltv Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. t2l Total Excludable Hardcover S.F. (3\ Net Existina Hardcover [Subtract line (2\ from line (1)1 b0?,0S.F. (4\ Total Lot Area 2. i bOOS.F. Proposed Hardcover Percentage [ (3) + (4)] 2. ,. 8 % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however. ff any information is·not consistent with provisions of the City Code, the Code provisions will prevail. Page8of9 City of Orono Hardcover Calculation Worksheet LYL -2 2015 P.roperty Address: 2 ~ 4 J C A S C. o POI tJT ROAD CITY OF ORON( Prepared by: g A N D \./ S, E R N t Date: 12-/ "2-/ IS Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: -PROPOSED HARDCOVER 1n the following table, identify all items of proposed hardcover on' the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage i h separate!' ' or eac portion. Keyto -Hardcover Item (Describe) Length x Width Total Survev (Square Feet) tExamrile.l {Gal'l'lne) l..124' x30') (720 S.FJ A t=D r, .. ' .,-Dno r~U ( A~I'\ \"i\Ot-31\ ' ,, c:; S.F. B ' S.F. C S.F. D S.F. E Ii.( J &x \,; -r 1 ._i <---bD"2.0 S.F. F S.F. G S.F. H S.F. I S.F. J -S.F. K· SF L S.F. M .. S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S,F. X S.F. y 5.F. z S.F. m Total Prooosed Hardcover lo O c;"? S.F. Excludable Hardcover {See Cltv Code Sec 78-1684\: S.F. S.F. S.F. . . S.F . S.F. · i2) Total Excludable Hardcover S.F. (3) Net Prooosed Hardcover [Subtract line (2) from line (1)1 /..._ni:;:,c; S.F. (4l Total Lot Area "1-7 b 00 S.F. Proposed Hardcover Percentage [ (3) + (4)} 22,0% This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page iJ of'9 ONo~o .:IO A.LIO 9t0 l L L AON 03/\1303~ 11 -.r 1, .r / ::; -;~ ✓- -.:: Council Exhibit Ft· C") C") O­ N E 0 I.. ..... Q) _:,,: 0 ...J 0 -Q) C :3 Q) -in I <( -:.a :.c >< II.I ONO~O .:lO All O 96Li # g~oz L l AON ~ --0 0- N I.(')' --0 I.(') 0---0 N.. 0- N "'" E 0- 0 N ... M' ..... M Cl) 0-~ 0 N --' V, 0 --C: 0 Cl) C: ... ::; u.. Cl) Cl) ~ -0 in --' I 1:0 u --:a :a :c :c )( )( w w ----------Forwarded message---------­ From: Nancy Brown~ Date: Sun, Dec 6, 2015 at 12:33 AM Subject: your project To: Michele Abbott <1 . ] - Michele and John, Council Exhibit G I know you are meeting with the city to try to get a variance approved for your construction project. As one of your next-door neighbors --I want to be on record that I fully support your project and hope the variance is allowed. If you would like, feel free to forward this email to the city and let them know they can contact me at this email or at 612.508.7787 to verify my support. Good luck at the meeting on the 14th. Nancy Brown 2933 Casco Point Road From: John Abbott Date: December 8, 2015 at 3:15:49 PM CST To: Samantha Boos - Cc: Michele Abbott - -On Dec 5, 2015, at 9:01 AM, John Abbott <tlll ------- I received this note from our neighbor to our south. ----------Forwarded message---------- From: Cliff Swenson - Date: Friday, December 4, 2015 Subject: Abbott construction project To: John Abbott . John, ' > wrote: We are writing this email to show our support for your construction project, and to let you know that we have no issues with the project and hope the variance you are applying for is approved on 12/14. We are especially hopeful the project can commence soon since we are gone during the winter months, and it would be nice to have the construction completed in our absence since we share a common driveway. If the city needs to confirm our support please tell them we can be reached at this email or at 954.552.8390. Look forward to seeing you in the spring. Cliff and Barb Swenson 2965 Casco Point Road 1 ·~ .·.i.a"l.t!:··.re'il··• .. i!ewi!ewee~.:·.t11,,~e:··· .. i.fflJ.(ofJhif··.,:;~c!l~ imp.·~ .. em or proposeo.· use rif_ th.ti:, prt\,"'!!11~~-iocat(!!d ~t 2:.,9ttL~: • rao_~t°.a11 Land ~~8i\~~~tlon No. J:!)~~C\ b · i ('i'lioe) ti~e~~d .t.'liiat i_n. :e-xecutit?,S _1ms; adioowler.lgem~t. I }tfe) _am (ar~l liol iis!f;ed ·c:o deda_re-_ appro1t:sil or dlsapj,ro-i13l (jf· -~~, ·propillrty .()f):Jne: ·i,µt metel~·--~ .Qeirif!nn, fo;-;l.t:le City Coutr,eiHr~ J .:(w-e,) am {il~) ei."t.lt.l) .QI th¢: ~mprovemcmt·pfanr; and !ltiatthe·pt"oposed neigl'lbofs proje.cc·¢ruie r~uiN;1s Couoofh~µpro,.;-a1. ,lf'JW !:'bcive a~· infar~Eit;ill _Chait IT!ill/y' :G6$i$t qhe (Aty-,in the)"o~v .of Eh~. Liiii)d._l!ls,i; . · ·App!ic:a~n,,; ple~u.-e s,..11)mLt ~-o\ir-oommienl$fto tho Stilldingi & z-o.rilng OfftC4_ 4\1' ·1~: 1 o · · · · · da}i(pnor to ,oo oohcd'ulcd mi'ic~ing daf~- l{we}CJ:-W avJ !S~'<b Swev\SoV\. of 1-'i&S-Co.rco Po,~+ A~ · . l~r.1i'lt'miim8(~)J · · ··· tprint ;address] { ~~ve.· ~.-.·; ~'~ ~~~~~ f~~: •~e p.i'?~(l;d. !~_pfOvement .pr .. ;)ltlpD. sarj. ·use __ o,f .. ~he: ;Prope~y lo:::.'lled at •~ , })t;t"~_r£ig;, ~~abo t.eferr:oo to ffll Lan_tfi Uso.#i.p~IOl'II NL). e1o.-e;;.79 · {-, 1 {we} L!ndeq,tand 'tJ"im_l ln -r»:'tlcu,i~ '!hm.adcno\llJ1~gemer.4, I .(1hti) triin ·(tire) ncit ssk~d to-i:lw~re, opproi.t£il ·Cti' disapproval,of th~f ~operly:or ·use but' merely tQ ®nilimn fQJ thfJ City Cour.d tha_t i t•~~) om. ,(arol, .a.ii.-ro.r4!1 of tho :.irtjproi/em~t ,. · n$ ~n<:)'~t'lh~ ~p~d ri,nii.ghbor's p,1'¢jed or ·u'sC! requiics Courd appro"~L . . .. -.... : ~, ~ ha'Jtr·an~ ~~~i~ tmrt 'm~ :~~is(h_ City in ther rev.1e11, ot,hast~nri Use :.i~pplicabion,. ptei:Jse . .s!Jbif:)i your c~msn3s ~o ~h~.Buffdirig & Z.1:::ining Ofb.af le-asf10 . 'tf • prior to the· sca'heool~ mt;f~ini) da,11t.. · . ·.· . . . . ' . . . ' , . . . -P.u~r~r;p-tA~tJ,· A~ f01$ .• ... ,.· 0 79 Feet © Bolton & Menk, Inc -Web GIS 12/9/2015 4:22 PM 0 Legend Railroad City Limits :!"'i , .. □ Parcels (6-1 -2015) 2941 Casco Point Rd Disclaimer: ~ This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and located in various city, county, and state offices, and sources affecting the area shown, and is to be used f1 reference purposes only. The City of Orono is not rPJ:nnni:.ihlP for ;mv in;1r:r.u~dP< hPrPin r:nnt.1inPd . mo ~o -· C: C" :::s ::;: ~­ :::c - CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE Council Exhibit I The Orono City Council will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, December 14, 2015, beginning at 7:00 p.m. on the matter of reviewing the following land use application: 15-3796 A. Sadowski Designs o/b/o John & Michelle Abbott, 2941 Casco Point Road, LR-1 C zoning district, requests approval of an average lakeshore setback variance in order to construct upper level additions over the existing footprint of the home as well as converting a portion of a currently non-roofed deck to an enclosed porch lakeward of the average lakeshore setback line. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by December 8, 2015 if possible. Interested persons may review the application at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono ~velopment Director To be published in The Laker& The Pioneer Newspapers on November 21, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office Sec. 78-122. -References to board. Council ExhibitJ #15-3796 Before authorization of any variances by the council, the request shall be referred to the board of appeals and adjustments for study concerning the effect of the proposed variance upon the comprehensive municipal plan and on the character and development of the neighborhood; and for its recommendation to the council for the granting of such variance so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this chapter. The board of appeals and adjustments shall recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable. The council by unanimous action may waive reference to the board. (Code 1984, § 10.08(2)(A); Ord. No. 88 3rd series,§ 2, 6-27-2011) Sec. 78-370. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1C-1 district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent Area Width Yard Yard Yard (acre) (feet) (feet) (feet) (feet) to Street (feet) I ! I 0.5 100 30 10 I 30 15 I ! (Code 1984, §§ 10.25(6), 10.26(4); Ord. No. 18 3rd series,§ 3, 9-27-2004) Sec. 78-1279. -Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: I I Setbacks I I Sewage I Public Water Structure Treatment Classification Unsewered Sewered System Page 1 NE 150 RD 100 GD 75 Tributary 100 150 75 75 75 I Council ExhibitJ #15-3796 150 75 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback Setback from: (in feet) Top of bluff I 30 i I Unplatted cemetery so Right-of-way line of federal, state or county highway and local public and private roads I 30* l I * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to Page 2 Council ExhibitJ #15-3796 tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. (Ord. No. 101 2nd series,§ 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series,§ 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series,§ 1, 8-10-2015) Sec. 78-1403. -Lot coverage and massing standards. In all zoning districts other than the I-Industrial district, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for structures: (a) Maximum total footprints allowed. (1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. (2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. (b) Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: ( 1) All roofed structures more than six feet above grade level. (2) Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above grade level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). (Code 1984, § 10.03(14)(C); Ord. No. 215 2nd series,§ 1, 3-11-2002; Ord. No. 99 3rd series,§ 1, 1-28-2013) Sec. 78-1700. -Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. ( 1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. (2) Tier 2 parcels. Hardcover shall not exceed 30 percent of the gross lot area. (3) Tier 3 parcels. Hardcover shall not exceed 35 percent of the gross lot area. (4) Tier 4 parcels. Hardcover shall not exceed 50 percent of the gross lot area. (5) Tier 5 parcels. Hardcover shall not exceed 85 percent of the gross lot area. (Ord. No. 94 3rd series, § 11, 9-24-2012) Page 3 RUN DATE: 11/19/2015 HEt 38 20-117-23 31 0028 AJ CONSTRCTN OF SOUTH MN LLC 29 l O CASCO POINT RD AJ CONSTRCTN OF SOUTH MN LLC 241 PINEHURST DR MANKATO MN 56001 38 20-117-23 31 0034 JONA THAN A MENTH 2930 CASCO POINT RD JONATHAN A MENTH 2930 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0035 R G SORENSEN/SD SORENSEN 2940 CASCO POINT RD ROBERT G SORENSEN STACI D SORENSEN 2940 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0036 PAULF JOHNCOX 2948 CASCO POINT RD PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0047 MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD NANCY G BROWN 2933 CASCO POINT RD WAYZATAMN 55391 38 20-117-23310049 MICHAEL B BARRY 2927 CASCO POINT RD MICHAEL B BARRY 2757 DEAN PKWY MINNEAPOLIS MN 55416 38 20-117-23 3 I 0050 DONALD A DRIGGS 2925 CASCO POINT RD DONALD A DRIGGS 2925 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 3 I 0060 J A MARTINSON ET AL TRUSTEES 2970 CASCO POINT RD JERRY & BONNIE MARTINSON 2970 CASCO POINT RDS WAYZATA MN 55391 IN COUNTY PROPERTY INFORMATION SYSTEM (PRl 38 20-117-23 31 0061 J R MILLER & A R MILLER 2980 CASCO POINT RD JONA THAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0063 CA SWENSON & B B SWENSON TR 2965 CASCO POINT RD CLIFFORD A SWENSON BARBARA B SWENSON 100 SOUTH BIRCH RD #1801 FORT LAUDERDALE FL 33316 38 20-117-23 31 0064 T & D ROZEBOOM 2967 CASCO POINT RD THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATA MN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED THE CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 TYOWNERSL # 3796 Council Exhibit K RECEIVED NOV 192015 Cff'f OF ORONO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DA]E ON THE R~J 9._F THE J11!:IN S3UNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT. DATE: tl-11 -n BY: ~-& 71z H Hennepin County Locate & Notily Map Council Exhibit L Provided By : Resident and Real Estate Services Department I (15) (16) ' " "', "' (56) ; (9) 1,.._, I (67) (58) _,I'<. (20) 20-117-23-31 (54) (53) ,, \- (5) I < I (Zl) (22) (52) 20-117-23-34 Buffer Size : 150 feet Map Comments: 2941 CASCO POINT ROAD ORONO MN 55391 2011723310 047 (21) '; ... (27) ... (26) 20-117-23-34 \ \ ~... (73) ( ~ . I (Zl) RECEIVED NOV 1 9 2015 CffY OF ORONO Date : 11/19/2015 / (42) I ) I I I (3 1) ~-- (32) --~ .,,.. I I I (5) I \,_ A / I I (26) (52) I / ,, -✓ ------ 0 60 12 0 240 ft LLL .... 1----L.I ...11 ...... ----L.I ...11 For mom information contact: Hennepin County GIS Division 300 6th Street South Minneapolis , MN 55487 gis .info@hennepin .us # 3796 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. Curtis stated they installed a window. Levang stated it seems the applicant is amenable to some changes and that she would suggest they perhaps add a cupola, shutters, or window boxes. Curtis asked if she is looking for something on the street side. Levang stated that would be fine. Levang asked which way the garage doors face. Council Exhibit C Bieker indicated the garage doors face the driveway to the east. Side wall number one faces the road. Bieker stated they could put some shutters on each side of the window and some planter boxes. Mrs. Doubek stated she would also add a cupola. The structure has a 'brown roof and beige sides. Bieker stated the colors are meant to have it blend in and not stand out. Printup moved, Walsh seconded, to adopt RESOLIJTION NO. 6579, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1434(3) and 78-1435, with the requirement that four shutters and a cupola on the street. side of the building be incorporated into the building. Cornick asked if landscaping would also be reqitired. McMillan stated there appears to be evergreent.rees there already and that she would rather not add landscaping into per-petuity., VOTE: Ayes 5, Nay$@. 17. #15-3796 A. SADOWSKI DES,GNS O/B/0 MICHELE WILLIAMS-ABBOTT, 2941 CASCO PQJN;f;RQAD -A VEMGE L~KE~HORE ~ETBACK VARIANCE -PUBLIC HEARING:: Curtis si~,e(l the applicant is, requesting an .average lakeshore setback variance to permit construction of a second sto~ Q\!er the existing hom~, modifications to a portion of the existing roof to accommodate the addition, and C◊~truction of a newjakeside covered porch over an existing deck located between 3 8 feet and 91 feet ahea.a:dftpe average lakeshore setback line. The Abbott property is'si~ted be~een two lakeshore lots owned by the Browns on the north and the Swenson's on the south. The house,on the Brown property is 133 feet from the lake. The Swenson home is 261 feet from the lake. The Ablfott is 136 feet from the lake. The offset of the neighboring homes results in an average lakeshore setback which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. The applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required to waive the Planning Commission review. Notice has been provided of tonight's hearing. Page 32 of 41 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. The 100-foot offset of the neighboring homes results in the Abbott home being largely nonconforming. Any expansion in the footprint of the mass of the home requires an average lakeshore setback variance. Construction plans and annotated site photos showing the addition outline were provided. Both neighbors have submitted supportive comments and those comments have been included in the Council's packet. Additions to the home do not appear to impact the neighbors' view of the lake. Staffs analysis of the practice difficulty was provided in Staffs memo. Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance. The Council should consider a motion to waive the Planning Commission's review of the application. The Coµncil should open the public hearing, consider comments from the public, and direct Staff to.prepare a resolution either denying or granting approval of the average lake shore setback variance for adoption at the January 11 meeting. Levang stated she would like the Planning Commission to review this application due to the impact on the average lakeshore setback. Cornick moved, Walsh seconded, to waive review by the Planning Commission of Application No. 15-3796, A. Sadowski Designs on behalf of Michele WiOiams-Abbott, 2941 Casco ~oint Road. McMillan noted there is not a Planning Commission meeting.in December and that the applicants would lose at least six weeks. McMillan stated :in .her view there is a real practical difficulty in this situation. Printup stated it seems to make sense to move forward with the application as quickly as possible since the neighbors are out of town and c.onstructio11 could be started :in their absence. Sadowski stated they wc,µld like to m9v;e forward with a building pettnit right after this meeting so they can begin construction. · Sa~owski stated. they attempted to do their due diligence ahead of time and the fact that there is no Planning,¢ommissJonmeeting inDecember came up as a surprise. Sadowski stated the neighborfwill :be Roming bapk i1rtlie •spring and thatthere is a shared driveway that they got consent to use. ~~~wski stated to.push it~ack anothermonth would make it difficult to finish the project prior to the neiglibors returning. . . ,·\;L, Levang asi~e~fiif a building pettnif could be issued that quickly. Mattick stated trdditionally building rermits do not issue until the resolution has been adopted. Mattick stated as long as all ·<'>f1he necessary securities are in hand, he would not have a problem with the request that building be allowed:tp comm,eiice before the resolution is adopted. Mattick stated he is assuming the resolution would likely bet!ll the Consent Agenda. Levang asked if the applicant m1derstands she will not receive the building permit tomorrow. Community Development Director Barnhart stated there is some time involved in obtaining a building permit and that he is not aware of when the building permit was applied for. Barnhart stated Staff will review it as quickly as possible but that this meeting tonight is intended to help move it along faster. Walsh stated normally this would come back to the City Council in January but that they can circumvent that and it is just a matter of Staff reviewing the plans. Page 33 of 41 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. Sadowski stated the plans have been submitted to the City for a couple of weeks before they found out about there being no Planning Commission meeting in December. Curtis stated the plans have been submitted. Typically whenever there is a variance request, the building inspector does not review them until the variance and resolution have been approved but that he has been asked to review them earlier. Levang stated she just wants the applicant to understand that the building permit probably will not be issued tomorrow. Sadowski stated she understands that. VOTE: Ayes 5, Nays 0. Mayor McMillan opened the public hearing at 10:31 p:m. There were no public comments regarding this application. Mayor McMillan closed the public heari11-g at 10:31 p.m. McMillan noted this is a practical difficulty.given the location of the house on the left. Walsh moved, Cornick seconded, to direct Staff to draft an approval resolution for Application No. 15-3796, A. Sadowski De~ig1.1s on behalf of Michele Williams Abbott, 2941 Casco Point Road, granting of an average;l~keshore setback variance. ;,' Levang asked if Staff coul4review tW hardcover in.the 75-foot zone. Curtis indicc:1-t~d tll~i:~ is an existing. ~oathbuse, stairway, and deck on the lakeside of the home, which will remain. VOTE: ~~~s 5, Nays 0. ::-;> McMillan no~eij:me resolution witfbe before the City Council on January 11 and the applicant can work with Staff on the'bu.ilding permit. Mattick stated past practice,has always been not to issue the building permit prior to the resolution being adopted and that he wouldrl;lcoimn~nd the City Council authorize Staff to issue the building permit before the resolution is adopted. Walsh moved, Printup seconded, to issue the building permit if it is ready prior to adoption of the resolution. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh wished everyone a Merry Christmas and Happy New Year. Cornick thanked Staff for their hard work over the past year. Page 34 of 41 Item Description: Application Summary: #15-3796 -A. Sadowski Designs o/b/o Michele Williams-Abbott -2941 Casco Point Rd Average Lakeshore Setback Variance -Public Hearing On behalf of the property owners the applicant is requesting an average lakeshore setback variance. This variance would permit the construction of a 2nd story over a portion of the home, modifications to portions of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck between 38' and 91' ahead of the average lakeshore setback line. The Abbott property is situated between two lakeshore lots owned by the Browns on the north and the Swensons on the south. The house on the Brown property is 133 feet from the lake; the Swenson home is located 261 feet from the lake. The Abbott's home is 136 feet from the lake and the offset of the neighboring homes results in an average lakeshore setback line which divides the Abbott home almost in half. The Planning Commission has not reviewed this application. The applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required in order to waive the Planning Commission's review. Notice has been published to allow for a public hearing by the City Council at tonight's meeting. The +100-foot offset of the neighboring homes results in most of the Abbott home being nonconforming with respect to the average lakeshore setback which results in any expansion of the footprint or mass of the home requiring an average lakeshore setback variance. Construction plans as well as annotated site photos reflecting the proposed changes to the home were provided. Additionally, both neighbors provided supportive comments about the variance request. The additions to the home do not appear to impact the Swensons' current view of the lake; nor do the additions appear to adversely impact lake views from the Brown residence on the other side. A staff analysis of the practical difficulties were provided in the staff memo. If the Council deems it necessary individual criteria can be discussed tonight. In summary, Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the homes to support granting the average lakeshore setback variance. COUNCIL ACTION REQUESTED The Council should first consider a motion to consider waiving the Planning Commission's review of the application and hold the public hearing tonight. The Council should then consider directing staff to draft a resolution reflecting your decision on the variance for adoption at the January 11th meeting. LOT ANALYSIS WORKSHEET Section 78-350 -Setbacks: LR-lC Required Existing Proposed Rear/Street 301 33.11 from Swenson Property No Change + 1201 from Casco Point Rd North Side 10, 10.51 10.51 South Side 10, 11' 11' Lakeshore 75' 136' 136' The existing home is between 38' -91' lakeward of the average lakeshore Average Lakeshore setback line. The additions proposed over the existing footprint are almost entirely lakeward of this setback. The proposed screen porch roof will be over an existing structural deck. Section 78-350 -Lot Area/Width: DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 27,600 s.f. (0.63 acre) 92' @ 75' /1061 @ OHWL Section 78-1403-Structural Covera~e: Total Lot Area Total Structural Coverage 27,600 s.f. (0.63 acre) Allowed: 4,140 s.f. (15%) Proposed: 3,780 s.f. (13%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 27,600 s.f. 6,900 s.f. 6,030 s.f. 1280 s.f. 6,055 s.f. 1280 s.f. w/in (25%) {21.8%) w/in 75' (22%) 75' #15-3796 7 Dec 2015 Page 2 of 2 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #15-3796 as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 24th day of November, 2015. Y)l)MCU {j), ~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono City Council will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, December 14, 2015, beginning at 7 :00 p.m. on the matter of reviewing the following land use application: 15-3770 15-3789 15-3796 Jon Norris & Catherine Morrison and Patrick & Melissa Mulheran, 460 Orchard Park Rd, RR-1A zoning district, request approval of a wetland alteration permit per Orono Zoning Code Section 78-1610 to allow a deminimus alteration (filling of less than 1,000 square feet) of wetland on the property for driveway construction purposes .. The Broadway Group, LLC o/b/o Michael Fegers , 3590 North Shore Drive, LR-1 C Zoning District, requests approval of lakeshore setback and average lakeshore setback variances in order to reconstruct and make room and deck additions to the existing residence lakeward of the average setback and lakeshore setback lines. A. Sadowski Designs o/b/o John & Michelle Abbott , 2941 Casco Point Road, LR-1 C zoning district, requests approval of an average lakeshore setback variance in order to construct upper level additions over the existing footprint of the home as well as converting a portion of a currently non-roofed deck to an enclosed porch lakeward of the average lakeshore setback line. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by December 8, 2015 if possible . Interested persons may review the application at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono To be published in The Laker & The Pioneer Newspapers on November 28 , 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 11/19/2015 HE! 38 20-117-23 31 0028 AJ CONSTRCTN OF SOUTH MN LLC 291 0 CASCO POINT RD AJ CONSTRCTN OF SOUTH MN LLC 241 PINEHURSTDR MANKATOMN 56001 38 20-117-23 31 0034 JONA THAN A MENTH 2930 CASCO POINT RD JONA THAN A MENTH 2930 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0035 R G SORENSEN/S D SORENSEN 2940 CASCO POINT RD ROBERT G SORENSEN STACI D SORENSEN 2940 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0047 MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD NANCY G BROWN 2933 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0049 MICHAEL B BARRY 2927 CASCO POINT RD MICHAEL B BARRY 2757 DEAN PKWY MINNEAPOLIS MN 55416 38 20-117-23 31 0050 DONALD A DRIGGS 2925 CASCO POINT RD DONALD A DRIGGS 2925 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0060 J A MARTINSON ET AL TRUSTEES 2970 CASCO POINT RD JERRY & BONNIE MARTINSON 2970 CASCO POINT RDS WAYZATAMN 55391 .'IN COUNTY PROPERTY INFORMATION SYSTEM (PRl .ffY OWNERS LIST) 38 20-117-23 31 0061 J R MILLER & A R MILLER 2980 CASCO POINT RD JONA THAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0063 CA SWENSON & BB SWENSON TR 2965 CASCO POINT RD CLIFFORD A SWENSON BARBARA B SWENSON l00SOUTHBIRCHRD #1801 FORT LAUDERDALE FL 33316 38 20-117-23 31 0064 T & D ROZEBOOM 2967 CASCO POINT RD THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATAMN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED THE CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 # 3796 PAGE: 1 RECEIVED NOV 1 g 2015 CITY OF ORONO AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as : The Laker, The Pioneer with the known office of issue being located in the county of: CARVER with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualifica­ tion as a qualified newspaper as provided by Minn . Stat. §331A.02 . (B) This Public Notice was printed and pub­ lished in said newspaper(s) once each week, for 2 successive week(s); the first insertion being on 11/28/2015 and the last insertion being on 11/28/2015. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033 , subd. I, clause (I) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located , a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 11/28/2015 by Charlene Vold . Y-ct~ M VV\°"~~ Notary Public Rate Information : (1) Lowes t classified rate paid by co=ercial users for comparable space : $15 .00 per column inch Ad ID 479973 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crf.;tal Bay, MN 55323 P~one(952)249-4600 Fax (952) 249-4616 NOTICE The Orono City Council will hold public hearings in the Orono Coun­ cil Chambers at 2780 Kelley Park­ way on Monday, December 14, 2015, beginning at 7:00 p.m. on the matter of reviewing the following land use application: 15-3770 Jon Norris & Catherine Morrison and Patrick & Melissa Mul­ heran, 460 Orchard Park Rd , RR-1A zoning district, request approval of a wetland alteration permit per Oro­ no Zoning Code Section 78-1610 to allow a deminimus alteration (filling of less than 1,000 square feet) of wetland on the property for drive­ way construction purposes. 15-3789 The Broadway Group, LLC o/b/o Michael Fegers, 3590 North Shore Drive, LR-1 C Zoning District, requests approval of lake­ shore setback and average lake­ shore setback variances in order to reconstruct and make room and deck additions to the existing resi­ dence lakeward of the average set­ back and lakeshore setback lines. 15-3796 A. Sadowski Designs o/b/o John & Michelle Abbott, 2941 Casco Point Road, LR-1 C zoning district, requests approval of an av­ erage lakeshore setback variance in order to construct upper level ad­ ditions over the existing footprint of the home as well as converting a portion of a currently non-roofed deck to an enclosed porch lakeward of the average lakeshore setback line. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are ac­ cepted and should be submitted to the City of Orono by December 8, 2015 if possible. Interested persons may review the application at City offices or by visiting the City's Web­ site at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono Jeremy Barnhart, Community Development Director To be published in The Laker & The Pioneer Newspapers on No­ vember 28, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 11 /28/15 , 3 LK, 3TP, Dec 14 Public Hearing, 479973 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: The Laker, The Pioneer with the known office of issue being located in the county of: CARVER with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica­ tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub­ lished in said newspaper(s) once each week, for 2 successive week(s); the first insertion being on 11/21/2015 and the last insertion being on 11/21/2015 . MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices : The newspaper complies with the conditions described in §580 .033 , subd . 1, clause (1) or (2).,Tf the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 11/21/2015 by Charlene Vold. ' cPHEASONI ·nnesota ~IV\NVVYVYVV Rate Information: (1) Lowest classified rate paid by commercial users for comparable space : $15.00 per column inch Ad ID 477135 CITY OF ORONO '"£750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone{952)249-4600 Fax(952)249-4616 NOTICE The Orono City Council will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, December 14, 2015, beginning at 7:00 p .m. on the matter of reviewing the following land use application: 15-3796 A. Sadowski Designs o/b/o John & Michelle Abbott, 2941 Casco Point Road, LR-1C zoning district , requests approval of an av­ erage lakeshore setback variance in order to construct upper level ad­ ditions over the existing footprint of the home as well as converting a portion of a currently non-roofed deck to an enclosed porch lakeward of the average lakeshore setback line. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are ac­ cepted and should be submitted to the City of Orono by December 8, 2015 if possible. Interested persons may review the application at City offices or by visiting the City's Web­ site at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono Jeremy Barnhart, Community Development Director To be published in The Laker & The Pioneer Newspapers on November 21, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 11/21/15, 3LK, 3TP, PHN 2941 Casco Point Road , 477135 0 79 Feet © Bolton & Me nk, Inc -Web GIS 12/9/2015 10 :40 AM 0 Legend ll"''i , .. □ Railroad City Limits Parcels (6-1-2015) ® This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in va rious city, county, and state offices, and other sources affecting t he area shown, and is to be used for reference purposes only. The City of Orono is not rPsnnnsihlP fnr ;inv in;ir.r.11r;idps hPrPin c:nnt;iinPrl. CITY OF ORONO VARIANCE APPLICATION Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax : 952-249-4616 Mailing Address: P.O. Box .66 Crystal Bay, MN '55323-0066 Application # / 5 -3 79 k Date Received: / / -/ 7-/.5 Staff : MC.. Fee: $700 --------- Renewal : $350 --'-------- After -the -fact: 400 Double Fee Escrow Fe $700 $2,500 v This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION : Site Address: 29 t.-i I C.ASCl, ?c,lt-ST 1'D Property Identification Number (PIN): Date Property Acquired (month/year): ca h..bl4 □ Yes, I own the adjacent parcels . Zoning District: LP-I c.___ --'--------- APPLICAN T INFORI\IIATION: (Complete legal names and marital status required for each interested party) Name: A. s~owsF-i ~lqJYl:S Phone: 962 -~~ -t.rz:~o Alternate Phone: Complete Address : \3: ~ \-\\n:r.i't\.,~"':::, ::09=-\:\)f. City , State & ZIP fJ\,..,N ~t4'6& p.1'.) b 63L-J 6 Email: a\e-~e~(!> as J~M$l~'S. ,~: OWNER INFORMATIO : (Com~lete legal names Name : l-l,\ d"\. l ! 'a. M:::_,.,- n marital status required for each interested party) ~~ Phone '7{:,_7 1::1:::c. -~B--=zL Complete Address: Lg 41 f6f)c:.,(:) Pn i n~ ~('(")a Alternate Phone: City,State&ZIP ~(]CL N Q C/z;z ,45,C-<_ \ Email: m ,· c.lt e . .J ~. al-:iciift -U1a ~ \ @) ~ra:::;: ', t e:o~: _' _________ _ . . ' ..__;, DESCR I PT ION OF REQUEST: .. ~,~1 i ' 1 Packet Last Updated: Augu J 201 5 · . Page 11 # 37 96 RECEIVED NO\/ 1 7 2015 q;ITY OF ORONO REQUIRED SUBMITTALS : All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable iD □ Variance Application Fee El □ Escrow Aqreement, siqned and Fee ,a [j Pre-Application Form iiL. ·□. Variance Application Form ~ □ Practical Difficulties Form □ □ Certified Property Owners List □ □ Survey (meeting ALL requirements) \J.)\\.-1..-"'Sf.".t->T.> ~~ ?~1Z-. ...A ,(' • □ □ Proposed Plans -"'-' / ?--• ... '-'"'" b..'.v □ □ Hardcover Calculations , ~\L-L-~~\) ~/:1,K □ jil._ Septic System Site Evaluation Report □ ~ Minnehaha Creek Watershed D istrict (MCWD) Permit or Documentation from MCWD stat ing no permit is required □ □ Adjacent Property Owners Acknowledqemen t\...:>\\..\.. S£t-=>~ ,.._.,, ,.._~ '' □ □ Data Privacy Advisory Form APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application , and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being awa re that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed . • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. Applicant's Signature: Applicant's Signature: Own~r's Signature: Owner's Signature : Packet Last Updated: August 2015 Page 12 Date: Date: Date: # 3796 RECEIVED NOV 1 7 2015 CITY OF ORONO PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted . The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties . In order for an appl ication to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties , address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter ." 'i% · <'1~fi'mlk"'( 0{C{Mf-\C- 2. light of the landowner is due to circumstances unique to his property not created by the landowner." ~ \ ~ 3. ''T.he variance·, if granted , will not alter the essential character of the·locality ." 4. "Economic consi•deratioris alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd . 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located ." Packet Last Updated: August 2015 Page 16 RECEIVED NOV 1 7 2015 CITY OF ORON~f 3 7 9 6 7. "The Board or Council may permit as a variance the temporary use of a one-family dwell ing as a two-family dwelling ." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property ." ~«, 1)tl( I<" IQ,l Utlt&vML CMO\l\fr i\at @ (4(.. r&!F(&:t I\T&I W!SKxJ ~ 9. "The con ~if o~l~~:~ generally to other land or structures in the district in which said land is located ." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right 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 ." 12. "The granting of such variance will not merely se rve as a convenience to the applicant , but is necessary to alleviate demonstrable difficulty ." ~~,~~ B~~~ ~ f\ ~f:Cofl\) WlK . Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria , describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): 1\-\(; e-~~I\Cf.~ IA7 ',;)P\S :?:{ZAJ\C?Y$L'{ :P \Vl'Q(S-D 1,-.rrt.;:, :L ko,S (29 <t>5 -t 7~<o1) W':\\C H (S' NQT f"Vf;.'.'.,t-) A e. Pt:l :fo1Z>-\ v4C. 7 (Zo 76:¥:-,Y. :h::\\S lS Affu.:n~ :Jl:1f; ~ 'I:'? f\ t::--S\Q,-.) r;,\Z:,. '2..°C /..-/ I Packet Last Updated: August 2015 A:~ILl:(Y 8;,K, A,-J't' S o 1-,, o f P u E :::n> :rHf: Page 17 # 3796 RECEIVED NOV 1 7 2015 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. y\ First Middle Last t::\ VTC.H I ,-JS Address MJJ State Packet Last Updated: August 2015 Page 13 # 3796 't? Z-3:13-'1230 Phone RECEIVED NOV 1 7 2015 CITY OF ORONO 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. Tennessen warning. An individual asked to supply private or confidential data concerning the individual shall be informed of: (a) the purpose and intended use of the requested data within the collecting government entity (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 7, to a law enforcement officer. Subd. 3. Access to data by individual. Upon request to a responsible authority or designee, an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, 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 or designee shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority or designee may require the requesting person to pay the actual costs of making and certifying the copies. The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. Subd. 4. Procedure when data is not accurate or complete. (a) An individual subject of the data may contest the accuracy or completeness of public or private data. 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: (1) 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 (2) notify the individual that the authority 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. Upon receipt of an appeal by an individual, the commissioner shall, before issuing the order and notice of the contested case hearing required by chapter 14, try to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may refer to the matter to medication. Following these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing. (b) Data on individuals that have been successfully challenged by an individual must be completed, corrected, or destroyed by a government entity without regard to the requirements of section 138.17. After completing, correcting, or destroying successfully challenged data, a government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data. Packet Last Updated: August 2015 Page 14 City of Orono Hardcover Calculation Worksheet Property Address: 294 I C AS GO RD AD Prepared by: /? AN Dy S Tf':iZ N Date: 12-/ 2-/ /'oiTY Stormwater ·auality-Overlay District Tier: (Circle one) .Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion.• Keyto Hardcover Item (Describe) Length x Width Total Survey (Square Feet) {Example) (Garaoe) (24'x30') 720 S.F.\ A uoosi:. 3~· > 12. S.F. 8 f"\.FC le"' ~".. lO S.F. C 'S~S::-D RO S.F. D 1")0\\rl= ( Dot:-<. t,Jr-rr-1 .. 1 .... ~ r.rt.L .. ,... 0,--2-h. '\ 20l::.O S.F. E N A-LV , 2.b2. S.F. F ~"' A ,-14 D (') ~ ,::: -? Q" S.F. G' S.F. H S.F. ! S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 -S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. (1) Total Existina Hardcover '-1,0:SO S.F. Excludable Hardcover (See Cltv Code Sec 78-1684\: S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existina Hardcover [Subtract line (2) from line (1)1 b0~"',0S.F. (4\ Total Lot Area 2. i c0OS.F. Proposed Hardcover Percentage [ (3) + (4)] 21,B % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however. if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page B of9 15 City of Orono Hardcover Calculation Worksheet P.roperty Address: 2 ~ 4 / C A S C. o .POI tJT ROAD Prepared by: g AN D 'L 5-r ER N I Date: 12. / 2-/ 1 S Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on'· the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separatet11 for each oortion. Keyto ,Hardcover Item (Describe) Length x Width Total Survey (Square Feet) lExamole.l tGa111ge) ,_ {24' X 30') 1720 S.FJ I\ t:=Q (') ..... \ -r Pnc> r-.U ( ADI> li"\Ot.Jl\1 \ -? c::;-S.F. n B S.F. C S.F. D S.F. E /',..{ _:\ E:-X. \ S i I "'1 ( ~ l-.. D °2,Q S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K-S.F. L S.F. M' .. S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. (1) Total Proposed Hardcover b O c; ~ S.F. Excludable.Hardcover (See City Code Sec 78-1684\: S.F. S.F. S.F. S.F. S.F. · (21 Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)1 £.....t"')l:.,C, S.F. (4) Total Lot Area 7.i h O O S.F. Proposed Hardcover Percentage [ {3) + (4) J 22..0% This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page9of9 RUN DATE: 11/19/2015 HEN!'<-,~ COUNTY PROPERTY INFORMATION SYSTEM (PROP. . Y OWNERS LIST) 38 20-117-23 31 0028 AJ CONSTRCTN OF SOUTH MN LLC 2910 CASCO POINT RD AJ CONSTRCTN OF SOUTH MN LLC 241 PINEHURST DR MANKATO MN 56001 38 20-117-23 31 0034 JONA THAN A MENTH 2930 CASCO POINT RD JONA THAN A MENTH 2930 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0035 R G SORENSEN/S D SORENSEN 2940 CASCO POINT RD ROBERT G SORENSEN STACI D SORENSEN 2940 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATAMN 55391 38 20-1 I 7-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD WAYZATA MN 55391 38 20-117-23310047 MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD NANCY G BROWN 2933 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0049 MICHAEL B BARRY 2927 CASCO POINT RD MICHAEL B BARRY 2757 DEAN PKWY MINNEAPOLIS MN 55416 38 20-117-23 31 0050 DONALD A DRIGGS 2925 CASCO POINT RD DONALD A DRIGGS 2925 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0060 J A MARTINSON ET AL TRUSTEES 2970 CASCO POINT RD JERRY & BONNIE MARTINSON 2970 CASCO POINT RD S WAYZATAMN 55391 38 20-117-23 31 0061 JR MILLER & AR MILLER 2980 CASCO POINT RD JONATHAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0063 CA SWENSON & B B SWENSON TR 2965 CASCO POINT RD CLIFFORD A SWENSON BARBARA B SWENSON 100 SOUTH BIRCH RD #1801 FORT LAUDERDALE FL 33316 38 20-117-23 31 0064 T & D ROZEBOOM 2967 CASCO POINT RD THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATAMN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED THE CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 # 3796 PAGE: 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DA!E ON THE R~RDJ> 9._F THE HE PINC UNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT. DATE: {{-11 -n BY: _ _p __ ~ __ 'vU .................. ~..__ ______ _ Provided By: Resident and Real Estate Services H Hennepin County Identify & Notify Receipt Print Date Thu Nov 19 08:12:18 2015 This is a receipt only with 'paid' stamp or cash register receipt attached Company or Homeowner Name: Samantha Boos TOTAL COST: $25.00 Contact Person: Subject Property Address: 2941 CASCO POINT ROAD, Orono Comments: 2011723310047 Buffer Distance: 150 feet Mail Label Count: 14 38 20-117-23 31 0028 38 20-117-23 31 0034 38 20-117-23 31 0035 38 20-117-23 31 0036 38 20-117-23 31 0045 38 20-117-23 31 0047 38 20-117-23 31 0048 38 20-117-23 31 0049 38 20-117-23 31 0050 38 20-117-23 31 0060 38 20-117-23 31 0061 38 20-117-23 31 0063 38 20-117-23 31 0064 38 20-117-23 31 0065 1 15 # 3796 CITY OF ORONO Easy Peel® Labels Use Avery® Template 5160® 38 20-117-23 31 0028 AJ CONSTRCTN OF SOUTH MN LLC 241 PINEHURST DR MANKATO MN 56001 38 20-117-23 31 0034 JONATHAN AMENTH 2930 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0035 ROBERT G SORENSEN STACI D SORENSEN 2940 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0036 PAUL F JOHNCOX 2948 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0045 NEIL GOODWIN/BARBARA GOODWIN 2975 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0047 MICHELLE WILLIAMS-ABBOTT TR 2941 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0048 NANCY G BROWN 2933 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0049 MICHAEL B BARRY 2757 DEAN PKWY MINNEAPOLIS MN 55416 38 20-117-23 31 0050 DONALD A DRIGGS 2925 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0060 JERRY & BONNIE MARTINSON 2970 CASCO POINT RD S WAYZATAMN 55391 atquettes fadles a peler Utilisez le gabarit AVERY® 5160® I I I J Ii. -FeedPaper _, I Bend along line to 1 expose Pop-up Edge™ J 38 20-117-23 31 0061 JONA THAN R & AMY R MILLER 2980 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 31 0063 CLIFFORD A SWENSON BARBARA B SWENSON 100 SOUTH BIRCH RD #1801 FORT LAUDERDALE FL 33316 38 20-117-23 31 0064 THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD WAYZATAMN 55391 38 20-117-23 31 0065 THE CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 # 3796 A Sens de rh::arnomAni' Repliez a la hac:hure afin de reveler le rebord Pop-upMc \j\ AVERY® 5160® 1 RECEIVED NOV 1 g 2015 CITY ,O:f ORONO www.avery.com 1-800-GO-AVERY