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HomeMy WebLinkAboutProject PacketOctober 11 , 1995 Ms. Jeanne A . Mabusth Building & Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN. 55356 Re : Application for Home Occupation License Variance Application Dear Ms. Mabusth: After seeing the 3-3 vote of the first Planning Commission , listening to the arguments on both sides, and knowing that costly restrictions (combining properties , changing homesteads , etc .) will be the ultimate result if the variance is approved; I am removing my variance application. As disappointed as I am, I can make adjustments in my practice and move office space into my home. That office space will consist, as it does now , of a workstation for my self. Space requirements are approximately 80 to 100 s.f. for a worksurface, computer station , drafting table and filing cabinets . The vacated remodeled space requested in the variance application will be used by my mother-in-law, my children for homework, my wife 's tutoring and a recreation area for m y family (ping-pong, fitness, etc.). I will keep some computer hardware , table and chairs , and a workstation in this space to support some of the activities mentioned above. I want to thank you and Mike for the advice and any support y ou g ave me in thi s variance reque st. I will be in contact with you in the near future regarding the Orono Ice Arena . I look forward to working with you on this project. Sincerely , Ted Rozeboom Ted Rozeboo m Arc hitects • 296 5 Cas co Point Road , Wayzata, Minneso ta 55391 • Tel : (6 12)471-878 0 Fax: (61 2)471-8740 CITY OF ORONO P.O. Box 66 Crystal Bay, l\1N 55323 473-7357 TO: Ted Rozeboom 2967 Casco Point Road Wayzata, Mn 55391 TYPE OF APPLICATION: Variances DATE OF :MEETING: 09/18/95 Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: ZONING FILE #2062 NOTICE OF PLANNING CO1\1MISSION ACTION DATE OF NOTICE: September 26, 1995 COPIES: Jospehine Knudson 2965 Casco Point Road Wayzata, MN 55391 ------------------------- Planning Commission tabled the application on a vote of 6-0 in order that applicant investigate his options. The tabling followed a motion that failed (on a vote of 3 ayes, 3 nays), which motion was to approve under the following conditions: Both properties must be in Rozeboom' s ownership. Legal combination not required. 'Special lot combination' document required; to include acknowledgement of special relationship between the two properties; to end when Rozeboom no longer owns both parcels; must meet all home occupation criteria. Upstairs unit at 2965 cannot be rented out. Present landscaping plan to Council. The three dissenting voters indicated they might look more favorably on this request if the legal combination occurred. Applicant's next scheduled meeting is confirmed as: Planning Commission, Monday, October 16, 1995; meeting starts at 7:00 p.m. Enclosed are the two exhibits presented at the September 18 meeting which arrived too late for inclusion in the packet. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. lsv FROM POPHAM HAI~ p. 1 POPHAL\.f HAIK MEMORANDUM 3300 Piper Jaffray Tower 222 South Ninth :;trcct Mlnnc~polis, Mlnnei:nta 55402 ((j 12) 333-4800 TO: FROM: RE: DATE: Mike Gaffron ThomasB~---­ Usc variance queslion with respect to home. office in separate, non-owned uwelling, on adjacent lot. Scptcmher 16, 1995 Mike, you have asked whether granting a request for variance to the home occupation ordinance would be a request for a use variance in these circumstances. The applicant wants to use the adjacent home and lot, which he docs not own, hut which is owned by his mother in law, as the location for a home office. The applicant expects that his son, who has special needs will likely live in the house with his mother in law. The applicant says that he will pay no rent for Lhe office. Minn. Stat. 462.357 Subd. 6 provides in part" ... the governing body ... may not permit as a variance any use that is not permitted under the ordinance for properly in the zone where the affected person's land is located.11 This limitation on 11 use variances' appears not to apply to this application since under current zoning occupations may be carried ouL in owned homes within the zoning district. Because home occupations arc allowed in the district in specified circumstances. it would noL be a ''use variance" Lo a!Jow them to occur in non-owned pm pert i<~s. Nothing in this opinion addresses. of course, the policy and fact issue concerns we Lqjkcd about at the Council meeting la'3t Monday, which might otherwise arise in analyzing this variance request. 082122\Y.>-Hl 36 9/l6"1'i ~ A b~f/\)/ 7}Ji)1?A1A);1iJ C.. #f?,1,-,1 C) ---~--_J)t,; l'i/lU ~ km-t,,,.Jt-'-L OfP 1..JG;('I-' v"Z) ~-----­ ffo~ ace JAJ 1 k/0~ /;t--b6) /8-A-JD ~c ,,v7~.J I I I 11 - I I I I I I I j I MINUfES OF THE ORONO PLANNING COMMISSION NIEETING HELD ON SEPTEMBER 18, 1995 (#7 -#2061 Arne Wasberg -Continued) Lindquist commented that the application was a difficult proposal and suggested tabling the application until the applicant was present. Schroeder moved, Lindquist seconded, to table Application #2061 until the applicant was present. Ayes 6 , Nays 0 . (#8) #2062 TED ROZEBOOM/JOSEPHINE KNUDSON, 2967/2965 CASCO POINT ROAD -VARIANCES -PUBLIC HEARING 10:02-10:33 P.M. The Certificate of Mailing and Affidavit of Publication were noted . The applicant , Ted Rozeboom , was present . Gaffron reported that the application is a joint request for variances to certain performance standards of the home occupation use in the 1/2 acre, LR-IC , single family lakeshore residential zoning district. The request is to allow a home occupation to occur on a tax parcel not owned by the home occupation applicant , in a building not occupied by the home occupation applicant , and in a building where the entrance to the home occupation is not gained from within the structure but has a separate dedicated entrance. Gaffron noted that Rozeboom lives at 2967 Casco Point Road. The dwelling at 2965 Casco Point Road , owned by Josephine Knudson, the mother-in-law of Rozeboom, received building permits for remodeling to create an office area in the lower level with an existing dwelling unit in the upper level. The remodeling involved a workroom area, office space, and sitting area . During review of the remodeling plans, the inspector noted the need for a home occupation license and advised the applicant of the requirements . The space was reviewed in April of 1995 and found certain home occupation conditions were not met. A letter of August 18 to Mabusth defines the use of the space by Rozeboom. By ordinance, the only person allowed a home occupation license is one who is residing at the residence, which is not the case in this application. If the lots were combined into Rozeboom's name, the residence at 2965 Casco would be considered a guesthouse, not the principal structure, and would still not met the conditions of the code for residency . It was noted that the two properties were originally one with the residence at 2965 Casco being the original carriage house of the home at 2967 Casco . The properties were separated in 1968 by subdivision. Gaffron questioned whether the home ocupation use now proposed would be acceptable with merely a lot combination. Staff questioned if this would be a case of a use variance, a commercial use in a residential zone, but the City Attorney indicated it would not because a home occupation is allowed in a home in a residential zone. 17 MINUTES OF THE ORONO PLANNING CO.MMISSION MEETING HELD ON SEPTEMBER 18, 1995 (#8 -#2062 Ted Rozeboom/Josephine Knudson -Continued) Gaffron asked Commissioners to ignore for the moment the fact that the properties are adjacent to each other and the relationship that exists between the two parties involved. The property at 2965 Casco would not be owned by the person conducting an occupation there, would not be lived in by that person as his residence, has the possibility of clients coming to the site for business purposes, and there is the possibility of a third party using the upper residential space. This would then seem to appear as a mixed residential/commercial use and then possibly be a use variance. Gamon said if the Commissioners now factored in the adjacency of the properties and the family relationship, then the appearance of a use variance still exists if the lots are separately owned and not combined. If both properties were owned by Rozeboom but not combined, it may be closer to the appearance of a home occupation. Finally, with legal combination, this is much more clearly a case of a home occupation occurring with performance standard variances. Variance approval does require findings of hardship. Peterson said he felt the ordinance was clear in that the home occupation license requires the person running the business to live in that dwelling. Peterson said he would vote to deny the application. Rozeboom asked if the type of business had any bearing on the application and home occupation use. He was told it did not. Rozeboom said he could change the residence at 2965 Casco to be in his name and asked if that would have any bearing on the approval or denial. He was asked if he would then live in that residence, which Rozeboom said he would not. Rozeboom said he was an architectural consultant and the purpose of this proposal was to provide a place for his elderly mother-in-law to live. Rozeboom said if he combined the properties, he would lose the market value of the properties. Peterson said he would not consider changing the ordinance, to which Lindquist agreed. Rowlette said there should be some way to resolve the issue without the need to lose value of the property by combining lots. She saw no reason why the applicant could not work out of the residence at 2965 Casco when it was the original carriage house for his own home at 2967 Casco. The applicant offered to remove the dock, stairs and asphalt to reduce the hardcover and be reflective of the neighborhood and of a home. Schroeder commented that a hardcover trade would not have any bearing on a variance for a home occupation license. There were no public comments. 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 18, 1995 (#8 -#2062 Ted Rozeboom/Josephine Knudson -Continued) Schroeder asked the applicant if he would be able to work out of his own home. Rozeboom said he would lose the integrity of the Victorian style home and needed the space provided by the other residence. Several ideas were aired regarding a lot combination and a "skyway" or structure of some sort to connect the homes or ownership change of the residences. Gaffron commented that one option to consider absent legal combination but with common ownership was a "special lot combination" document that is filed on the chain of title of both properties that would define what may be done on the properties. Hawn inquired of the applicant again if he would be willing to combine the lots. Rozeboom said he would lose too much market value but would be willing to put the other residence in his name and homestead it. Gaffron read a letter from Mr. Henney , 2941 Casco Point Road, voicing his support of the application. Gaffron again noted the Attorney's opinion on the use variance as to whether it would allow the use in that residence. Barrett opined that it would not be a use variance. Rozeboom asked, and received confirmation, that if the "special lot combination" were to be done, it could be terminated if the lot ownership would change. It was further commented that if the relationship were to change or the residence sold, it could also be terminated but it cannot exist in the present configuration. Rowlette moved, Smith seconded, to approve Application #2062 with a special lot combination defining the relationship of the parties involved, with both parcels being placed in Rozeboom's name but not required to be legally combined. The use would be allowed until Rozeboom was no longer the owner of both properties. He would be required to meet the home occupation conditions except the three noted. No signs or rental of the property could occur. A portion of the blacktop would be removed and a landscaping plan be presented prior to going forward to the Council. Schroeder asked for clarification of what is a special lot combination document. Gaffron cited an example of separate but commonly-owned properties located on two sides of a road. The owner wants a house on one side but the garage on the other side. This might be allowed under a "special lot combination" as the lots were sold together. Schroeder asked if the application was a typical example. Gaffron said it was an unusual example of the use but with the City's discretion, it could be done. The document would be on the chain ohitle, and if broken, it would revert back to its original intent. 19 MINUTES OF THE ORONO PLANNING COMMISSION 'MEETING HELD ON SEPTEtvIBER 18, 1995 (#8 -#2062 Ted Rozeboom/Josephine Knudson -Continued) Commissioners noted they would not want to see any outward evidence of a business or any parking. Vote: Ayes 3, Hawn, Smith, Rowlette; Nays 3, Peterson, Schroeder, Lindquist. Motion fails. The applicant asked if it would work if his wife owned the property. Peterson said that would set a bad precedent. Smith said specific ground rules need to be laid. Rowlette moved, Smith seconded, to table Application #2062 to allow applicant time to consider other possible solutions. Ayes 6, Nays 0. (#9) #2063 GERALD AND CANDACE ROWLETTE, 3775 BAYSIDE ROAD - VARIANCES -PUBLIC HEARING Lindquist moved, Smith seconded, to table Application #2063 at the request of the applicants. Ayes 6, Nays 0. (#10) #2066 ROBERT AND IRIS W AADE, 1487 SHORELINE DRIVE - VARIANCES -PUBLIC HEARING 10:33-10:59 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicants were present. Gaffron reported that the application is for a number of variances for a 3rd-level addition to a lakeshore property located off of Shoreline Drive in a 2-acre zoning district. The house currently exists at 21' from the shoreline with the deck l 6 1 from the shoreline. A bituminous walkway is located under the deck near the lake. There is an 8.3' side setback where 30' is required. The average lakeshore setback currently encroaches 13' for the house and 24' for the deck and would remain the same under the proposal. Hardcover in the 0-75' exists at 28.1 % for structural and 1 I. 1 % for non-structural for a total of 39.2%. The lot coverage by structure is proposed at 13.8% meeting the 15% allowable. There would not be much of a change in the footprint of the house. The proposal is for what is by definition a three-story home by eliminating the existing flat roof and adding another level over the main level and basement, which is considered a story with its 18 courses. The street side of the residence is a walk-in with the proposed story to be located above that. The floor plan shows a car port on the main level, open with a root: and proposed with a second story. The pitch of the roof would be 10: 12. The height of the residence meets the ordinance at 28-1/2' as normally defined; but the house is 46' in total ground-to-peak height from the lakeside view. 20 _,,_/AN TIL W::ZSNO · 1.--GN~ c,w,v~FrsoTl:/ ~ ~ {-):1/L._ ~ or-14o~ oc c... ----------l>~N ~ZA:f10NS: MP -----,--~ LlN bSCAf>(N ~ f~ B y C0<A-NCIL Tl)_ -- --------~"--~"'---"-~_____.__{?A;S i\?~ n ...__Ar:L.____,___le:Jo___.Kc._-____c._ 0 _______ _ I I I I I I ------ I I I I --- TO: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: September 12, 1995 SUBJECT: #2062 Ted Rozeboom, 2967 Casco Point Road/Josephine Knudson, 2965 Casco Point Road -Home Occupation Variances -Public Hearing Zoning District: LR-lC, Single Family Lakeshore Residential, 1/2 acre. Application: Request for variances to certain performance standards of the home occupation accessory use/home occupation license codes to allow home occupation to occur: on a tax parcel separate from that occupied by the home occupation applicant in a building not occupied by the home occupation applicant in a building where the entrance to the home occupation is not gained from within the structure but has a separate dedicated entrance. Pertinent C1de Section 1. Se-.:1hm 10.02 Definitions of "guest apartment" and "guest house". 2. Section 10.20, Subd. 3 (G) -Guest house and non-rental apartment conditional use permit ordinance. 3. Section 10.20, Subd. 4 (C) -Home occupation accessory use standards. All the following conditions must be met: A. Home occupation must be engaged in only by persons residing in their dwelling. B. No employed assistant allowed. C. Home occupation is conducted within the principal structure only. D. Evidence of home occupation may not be visible from the street. E. No signs permitted other than those permitted in residential zones. F. No excessive stock in trade is stored on the premises. G. No over the counter sales are involved. Zoning File #2062 September 12, 1995 Page 2 H. Entrance to the home occupation is gained from within the structure. I. Use must not adversely affect the character of the uses permitted in the LR-IC zone. J. A professional person may use his residence for consultation, emergency treatment or performance of religious rights, but not for general practice of his profession when such general practice will involve the need for more than three off street parking spaces for the occupant and visitors. 4. Section 5.40, Subds. 1 and 2 -Home occupation license is required and may only be issued if all conditions are complied with. List of Exhibits A -Application B -Plat Map C -Property Owners List D -Letter of Request E -Photos F -Site Plan and Various Surveys G -Construction Plans H -Mabusth Letter to Applicant 5/1/95 I -Home Occupation License Review by Building Official Lyle Oman 4/26/95 J -Documentation from 1977-1978 Subdivision Pertinent Facts 1. Mr. Rozeboom owns and lives in 2967 Casco Point Road. His mother-in-law, Josephine Knudson, owns but does not currently live in 2965 Casco Point Road. 2. Rozeboom proposes to conduct a home occupation in his mother-in-law's property at 2965. Building permits were issued earlier this year for remodeling of 2965. Those plans indicated a complete dwelling unit on the upper level already exists, with the remodeling taking place in the lower level to include a work room, office, and filing spaces. In reviewing those plans, the building inspector pointed out to Rozeboom the need for a home occupation license and the requirements to obtain one. Such an application was immediately submitted. Zoning File #2062 September 12, 1995 Page 3 3. In April 1995 during the final inspection the building official reviewed the space and the home occupation license application and concluded the applicant did not meet certain requirements for such an application. Jeanne Mabusth discussed the issues with Mr. Rozeboom (see May 1, 1995 letter), which led to the applicant's August 18th letter of request (Exhibit D). 4. The only persons qualified by ordinance to operate a home occupation at 2965 are the residential occupants of the dwelling unit in 2965. That might eventually include Rozeboom's mother-in-law and his son (see letter of request), but not Rozeboom under his current occupancy of 2967. 5. If the two properties were combined into one tax parcel in Rozeboom's name, this still would not allow home occupation in 2965 since its status becomes that of an accessory non-rental guest house, not the principal structure. A home occupation can only occur within the principal structure. It is not known whether an option for Rozeboom is to have 2965 transferred to his ownership and combined. 6. It is interesting to note that these lots existed as one tax parcel prior to 1978. They were separated via RLS #1470 in January 1978. They were separated because the City advised the then owner, Hamilton Moran, that the code would not allow rental use of a second dwelling unit on a single property. The "live in one, rent the other" situation on this property dated back to the late 1930s (see application File #2089 documents). Summary of Issues 1. If Rozeboom neither owns or lives at 2965, he doesn't meet all the criteria for a home occupation license in that building. 2. If he acquires 2965 and legally combines it with 2967, he still doesn't qualify for the home occupation license because the home occupation would occur in an accessory building, not in the principal structure. 3. In order for a home occupation to occur under the proposed circumstances, the City would have to grant variances to the three performance standards not met by the applicant. 4. An additional question to be answered is whether or not granting such a variance to both the zoning code and the licensing code is a "use variance", or whether it is merely the granting of variances to performance standards of the home occupation accessory use. Zoning File #2062 September 12, 1995 Page 4 Discussion Please review the letter of request and exhibits submitted by the applicant. Also review the May 1, 1995 letter from Jeanne Mabusth. The issue of what variances are required with this application is fairly straight forward, yet the question of whether the granting of variances would constitute an illegal "use variance" is quite vexing. The historic use of the combined pre-1978 properties was resolved by a subdivision in 1978. Staff does not see as clean a solution for the current request. Special Lot Combination Maybe an Option If Planning Commission concludes that granting of the performance standard variances would not be considered a use variance, then if Planning Commission feels the use as proposed is acceptable, it might be appropriate to document any conditions of approval in the chain of title, via covenants or perhaps via a "special lot combination" . Such a document might, for instance, allow the home occupation use of an accessory structure that also contains an accessory guest house. That would require legal combination of the two properties. This would effectively eliminate any potential for Rozeboom to rent out the dwelling unit at 2965. His letter does not suggest that he intends to ever rent it out. The other option might be LO not require combination, but acknowledge the ownership relationship that currently exists, and allow the combined dwelling/home occupation use of 2965 only as long as that relationship exists, i.e. only as long as Knudson and Rozeboom are the respective owners. This could be done as a "special lot combination" document, which is a resolution to be filed in the chain of title of both properties, specifying the basis for and conditions of approval. However, see the "Use Variance" discussion below. Denial Option Denial of this request as proposed is certainly a viable option. City staff is unaware of any similar situations where a home occupation has been approved in a building not owned or resided in by the home occupation applicant. It can be argued that the home occupation changes to a clear cut business use of residential property in these circumstances. The case for this being a business use would be more clear if Rozeboom was paying rent to Knudson for the space ... Use Variance Issue The City Attorney was asked to review this request, and give his opinion as to whether granting a variance to the standards would be considered a use variance. If so, the City cannot grant Zoning File #2062 September 12, 1995 Page 5 those variances legally even if it chose to do so. If on the other hand this would not be a use variance, but merely variances to specific performance standards of an allowed use, then the City could grant variances under whatever conditions it feels are appropriate. City Attorney Tom Barrett has advised that there is no clear cut definition of what is or is not a use variance. There appears to be no significant direction in the statutes, and little case law dealing with this issue. Therefore, he suggests that it is up to the City to determine whether proposed variance request is a use variance or merely a variance to performance standards. Staff discussions with Barrett lead staff to offer the following comments regarding use variances: • One way to specify whether a property is occupied for business use, as opposed to a residential use, is if the space is rented by the business occupant. However, the c;it,y shQulq not place itself in the position of having to enforce its ordinance by ~p'fuYJ.Bg whether exchange of rent is occurring, since that is potentially a futile task. • In order to gain a clearer picture of the issues involved with this request, the City should ignore the special relationship between Knudson and Rozeboom, and should ignore the adjacency of the properties. Without those two significant factors, 2965 would appear as a residential property currently not owner occupied, with a business use occurring in the basement. The business occupant travels to and from the property on a regular basis, and may have business clients coming to the property. Then, suppose the dwelling unit is rented to a third party. This would appear then to be a mixed residential and commercial use. Whether or not the dwelling unit is rented, the scenario suggests a clear cut business use which would not be allowed in a residential zone. To allow it by variance would clearly be a use variance. • Now, factoring in the relationship between Knudson and Rozeboom, and factoring in the adjacency of the properties, staff would argue that granting the request "as is" would still be a use variance, as long as the separate ownership exists. The business use would drift towards a home occupation status if Rozeboom owned both parcels but didn't combine them. The use would come even closer to a legitimate home occupation status if Rozeboom owned both, and then combined the properties. Then, and only then, would it be reasonable to consider the proposed use as a home occupation, since it would then be occurring on the homestead parcel of the business user. Zoning File #2062 September 12, 1995 Page 6 Staff Recommendation In the opinion of staff, it would be inappropriate for the City to grant a home occupation license where the licensee is neither the owner or residential occupant of the property on which the occupation occurs. Further, if the licensee owns the property on which the l}µsiness use will occur, but does not reside on that property, it still looks and tastes and smells' ~~usiness use in a residential zone. However, adjacency of the business user's homestead and his "business property" suggests a special relationship which might be formalized and approved via a "special lot combination resolution" that could place specific limits on the use and occupancy of the business property, as well as establish conditions under which such a use might be required to cease. Finally, it is staff's opinion that the cleanest way to approve this request is to require that the homestead and "business use" parcels be legally combined under the ownership Rozeboom, which places the structure in which the business use will occur on his homestead property. A case can then readily be made that this is truly a "home" occupation, with variances to performance standards that are reasonably defendable. Planning Commission is advised to first determine whether or not the home occupation is appropriate as it is being and will be operated within the surrounding residential neighborhood. If Planning Commission determines that it is appropriate, Planning Commission then should define under what conditions ("as is"; "common ownership with special lot combination" ; or the "legal combination" method) is appropriate. Options for Action 1. Approval as proposed without conditions. 2. Approval with specific conditions, which may include legal combination or a special lot combination. 3. Table for further information, or to have staff draft a special lot combination resolution for review. 4. Deny, specifying reasons for denial. 5. Other. ch CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $200 .00 ($50 .00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200. 00 ...c:Ja<" .. After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address t<=ilPS Co.Seo PoV'T ~, d4'1-zd-b\. t'h1. 9S3q\ Property Identification Number (P.I.D.) _______________ ....:;:_.:::..::....... Attach legal description to application if not included on required survey. ~ Date Property Acquired __ O~ctl~wef--'--+1 _\C(_l(~4-~ __________ (month/year) I @ ) (do not) also own the adjacent parce ]I of land. Present use of property: _.:l_residential _Lother (specify) Y\O(ltil, ofl:JiU Zoning District: ------------------------- APPLICANT Name Ted foubooM Address : 2.'1'11 C/J.St.O ASir'\t Ooad Phone (home) 41\-Jff(S Phone(work) 41 I , e.n f,O City: Qfut\:2Ctt6', ff\/), Zip: 5&34t OWNER (if different than applicant)/ ____ ,1._ ~ c~ Phone(home)(Mf(Mt lo\6-212 •\04{, Name Joseci'lhe., \!tlu.£1SC,r1UV\OlVVlf'• W) -It«~ Phone (work) Address: ~Ottin i{)irif lla:tti City: ~ -W\,i-. -Z-ip-: -fh~---~-t\-1- DESCRIPTION OF REQUEST Estimated Construction Cost$ Describ~ request indeta ~~~ ot Z4..w6 as \JOro& ot+ta...--ood--~ fu--t'&n'i~ (~ ~Jl.mo (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: Front Lot Width Hardcover Side Rear __ Lot Coverage Average Lakeshore ft L Other (specify) U$t 06 hcm,t,t Othl-t> -ta" lMSV.tnOq <f ~ :£,, :\'aM,~ HARDSHIP/DESCRJPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual pro~~m conditions preventing compliance with Zoning Code requirements: "5e.e a,tt'~ ~( ( attach additional sheets if necessary) 7 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for vour application to be considered complete: 1. ✓ <;::ompleted Application Form 2. ✓Certified Property Owners List of owners within 150' (you must obtain this list from ijennepin County Department of Finance, A-603, Govt Center, 348-3271). - 3. V/Plat Map (obtained with property owners list). 4. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½ 11 x l l II for reproduction. 5 ,_,_::c•,·::::;;:;~pographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one ( 1) copy 8 ½ 11 x 11 11 for reproduction. 6. _ Sketches or plans of floor & elevation views (provide one (1) copy 8½ 11 x ll 11). 7. _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 9. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/ or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature __ _,,_ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and ver· 1cation of this request. Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the· Building & Zoning Office of this change prior to the meeting. 8 \. f~\:.~r·\:\·-~ \\, l 17 C,~ Of OR<mO,;::: .... ! ••• . ~ .· : ... - LOT ... - -• RUN DATE 08/15/95 BATCH 502 PROP ADDR OHNER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 20-117-23 31 0035 -02940 CASCO POINT RD R J FUST SR & KA STEPHENS R J FUST SR & KA STEPHENS 2940 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0047 02941 CASCO POINT RD HILLIAM H HENNEY HILLIAM H HENNEY 2941 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 $1 0060 02970 CASCO POINT RD J & B MARTINSON JERRY & BONNIE MARTINSON 2970 CASCO POINT 'RDS HAYZATA MN 55391 38 20~111~23 31 0064 02967 -CASCO POINT RD T & D ROZEBOOM -, THEODORE & DEBORAH ROZEBOOM 2967 CASCO PT RD - HAYZATA MN 55391 • TAXPAYER TOTAL BATCH 502 00012 NAME./ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST 38 20-117-23 31 0036 02948 CASCO POINT RD ROBERT'C LAPINSKI AND HIFE ROBERT C LAPINSKI 2948 CASCO POINT ROAD - HAYZATA MN 55391 38 20-117-23 31 0048 02933 CASCO POINT RD AF GALLISTEL JR ETAL A.F GALLISTEL 2933 CASCO PT RD HAYZATA MN 55391 38 20-117-23 31 0061 02980 CASCO POINT RD CH HAACK & P MULLEN HAACK CH HAACK & P MULLEN HAACK 2980 CASCO POINT RD HAYZATA MN 55391 ~ 38 20-117-23 31 0065 00038 ADDRESS UNASSIGNED CITY OF ORONO - THE CITY OF ORONO 1335,'BROWN RD S CRYSTAL BAY MN 5532_3 - REPORT NO. PI435401 38 20-117-23 31 0045 02975 CASCO POINT RD STEHART R PERRY ' STEHART R PERRY 2975 CASCO POINT ROAD HAYZATA MN 55391 38 20-117-23 31 0049 02927 CASCO POINT RD FREDRICK JOHN HEY ET AL F J HEY_ & HA FRAMPTON 2927 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0063 02965 CASCO POINT RD JOSEPHINE B KNUDSON JOSEPHINE . B KNUDS,ON 2965 CASCO POINT RD HAYZATA MN' 55391 38 20-117-23 34 0027 PAGE 2 00038 -ADORES$ PENDING JAMES R & CATHERINE HARTZELL JAMES R & CATHERINE HARTZELL- 2987 CASCO POINT RD WAYZATA MN 55391 \ I August 18, 1995 Ms. Jeanne A. Mabusth Building & Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN. 55356 Re: Application for Home Occupation License Variance Application Dear Ms. Mabusth: My wife, son and daughter live at 2967 Casco Point Road, as we have since 1982. Our home is located on property that is contiguous with 2965, the property which is in question. Until several years prior to the purchase of our home, 2965 served as the carriage house for our home. Because of our appreciation of the estate's history, every summer families come back to visit the home they grew up in or spent their summers (including Thelma Jones, author of "Once Upon The Lake") and our desire to care for extended family; it was our dream to renovate both homes and make one family estate. Our opportunity arose as a result of several almost concurrent events; 1. We realized that my 75 year old mother-in-law, Jo Knudson, was nearing the need for extended care. We feel it is our obligation to care for immediate family if at all possible. 2. Hamilton and Louis Moran, the previous owners, decided they were ready for a nursing home and wanted to sell. They were good friends and aware of our dreams. We agreed on a market value and purchased the property. 3. We want to be able to provide an apartment setting for our soon to be 18 year old son, who is mentally challenged and will require help with life skills as a young adult. This carriage house provides him with independence and Debi and I the opportunity to help him when necessary. 4. I have had a twenty year dream to own my own small architectural consulting practice. After twenty-four years of working in large architectural firms, the last 14 with Hammel, Green and Abrahamson in Minneapolis, where I served as a Principal for their education practice, I was finally prepared to begin. So, with all of the above thoughts on our mind, and with Jo's assistance, in October of 1994, we purchased the carriage house. We then pulled a building permit in January of 1995 to begin remodeling the lower level of the house for my office. Approximately the same time, my application for a business was submitted to the City of Orono. We are hopeful that with the following response to your letter of May 1, 1995, and an explanation of how we are improving the residential character of the property, that you will see that we are treating this as our home. 1. It is true that the properties are independent. We had to purchase 2965 as an independent parcel and feel, because it has 25 feet of lakeshore, that its value is higher as a separate property. Combining properties could devalue 2965 and would be difficult for us to absorb, as most of our family's assets are wrapped up in this investment. However, we are improving the property as if it were our home and not a separate struc­ ture, including reducing hardcover both at lakeshore and the shared driveway, reducing parking (including garage stalls), and elimating the dock and lake stair at 2965. We would also be pleased to eliminate the storage building at the lakeshore of 2965 and reduce the size of the lakeshore porch at 2967. 2. The property is currently zoned residential, LR-IC, Lakeshore Residential, allowing only single family residential. In reading the purpose of this zoning it is clear that protection of Lake Minnetonka as a natural resource and "the effects of intense development" and maintaining "medium density residential development" are primary objectives. My family is very concerned about these same issues and would like to take steps to improve the residential character of the carriage house and, at the same time, reduce the impact of past construction both aesthetically and storm runoff. I believe we are meeting the primary objectives of this ordinance. 3. In Orono, a home occupation must be conducted within the primary residence. By legal definition, we have two separate parcels, in every other way, this is my family's residence. I am currently operating my consulting practice in the renovated lower level of 2965. In addition, my office provides space for my wife to tutor local children with special needs and an area for my children's homework that requires computer support. This type of space would have required an addition to our home, a solution with the potential for a greater impact on the neighborhood than renovation of the existing carriage house. Again, we are treating this as our home. 4. In Orono, a second residence, if the properties are combined, cannot be used for rental purposes. In addition, a guest house or non-rental apartment requires a conditional use permit. I am not sure whether we complyon this point, it's a bit confusing. Nevertheless, we would like to keep the properties legally separate and, ultimately, provide a home for my son and mother-in-law in the very near future. Our agreement for responsibilities while they occupy the carriage house will be a family issue that has not been discussed. 5. The inspector observed a second workstation in my office when the final inspection occurred. This workstation is still there and serves as a consultant workspace on occasion for my projects and space for my family. I have no employees, additional architectural/engineering support is outsourced to firms with which I have agreements. These include HGA, The Leonard Parker Associates, and Studio Five Architects locally. Any work that I cannot handle, is accomplished in their respective offices. I am their consultant. This approach is not new, but receiving more attention recently as the desire for home-based professional services grows. For example, I will be working with the City of Orono on the Ice Arena project, if funding is successful, in the near future. I will be HGA' s consultant on this project, with the vast majority of the work being done in HGA' s office in Minneapolis. I want to thank you for the pleasant conversation we had regarding my variance application and the advice on how to proceed. I remain hopeful that with an opportunity to meet with the Planning Commission and the support I am receiving from neighbors, that we will have your favorable consideration. There appear to be few solutions available to us, short of moving from a community we dearly love. Thanks for the help. Sincerely, Ted Rozeboom Resident, 2967 Casco Point Road ~~---·· -> SUBJECT PROPERTY PHOTO ADDENDUM Huntington Cook Real Estate Services 5Hl0 Thim'sen Avenue Suite228 Minnetonka, MN 55345 (612) 470-1508 , Fax (612) 470-1885 File No . 95MY217 6---l -----· FRONT VIEW OF SUBJECT PROPERTY AT: 2967 Casco Point Road Orono, MN 55391 Appraised: 5/16/95 REAR VIEW OF SUBJECT PROPERTY STREET SCENE C ~µ: ..... ,, "\ ' I • ... ,,/ :;---..,~?:r.,. -.<'..,'vJ~ .. ~~\ ( ·l:. ~~,- C. '1· . \ ~'~; ·~"!..! ~~ ~·-~~ ll {'~ .-,,.. SUBJECT PROPERTY PHOTO ADDENDUM Huntington Cook Real Estate Services 5100 Thimsen Avenue Suite 228 Minnetonka, MN 55345 ·(612) 470-1508, Fax (612) 470-1885 File No. 95MY217 LAKEVIEW G --i, ____.. GUEST HOUSE --(not included in appraisal) C .... (\ ~:.. ~ \1 l It p ~ f/ Jit/ ).It CfJ t::J!.~:-!"'·::s i - ~®it;:;: .,:111!iE;=}, ,.,~ ... f ,J, EH ~,sfi, \\\f ll~~w ~-JJ~. t:i~ll l; ''~"<.,. tf' ~! ,:,,-'<.~iij) . .,,., &~f-.• I I I ! I I I I I / 1--~t,,'1 ' I ' I :_ -) <~ 10· 6~(/ , ---·--·--t-+--------1 in Lots Plat of Survey for H. Hamilton Moran- ///!/ e/),P,t.1 ')J/' ~ l+1 (· '? s lD ,, ,, ' ' ,! ,·H ·~· ' \:. ,_,,.. .......... \ t Md~ko/t',-, , !\,~. ~ -~~ ,, rt\ ' '~. ...~ llo,4\,,,.\ . . 1'1;\·~ -~ 'I,,,,' ~ 90, 91, 102, nnd 103, Spring Park Hennepin County, Minnesota . 1,. 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' ;\ \', ~"'\ / •\ .. . . . . . .. ··; c·: ) :\.· :.;.• "):)·• I, ... •·••• .' -~, ';jl; •1• N.l E/Pclric and --.\, , I . . , _ . -. ·-, tr>/;,;>/i~n;, w/r,..s . ____ .. . ,..-' :5.1 I, f ., \ \':i \ :,,\ ~·~--Mc>i\-'i:o.,.'ro.,I.,. f>°'n~ . . ru s , f · o.f Lo+ 1oi. ·,.., _,A r,-af,.r _.-e:c.'ft\~·, t ':\ I ~ --. ,.. ~ •'\ V\ I AppV'O'f.i,.,,..+4 ... ,'lh+ f . . ...._ \0 ·· ,.; , ~•" L6'.,: ·-_ .. ·> ,· \ \A,', '1-~-dJ"1 +oH,t. pls ~f°''tsl•~t. -p, , • ,.,.,,-,.. ;. _.,. . , ,, ,, ~• , 1, · I' w-'\ o.A ,_-1,.\; · r' :,.i.,-'f'1!\II\.:( \ • . . .,, •.. ,.,_,. . : : ?-1',,1 I 1J App 4 ;,..~~\ /o<-o.hon of __-.-- No,\'r>tO\ .. + · ·r\-j~ { ,-~ v-oc>d _ Nor+hw,s+..rly I' h•t. of 1.0+ • ~-\ ·,~;" ol Lo+ '!I tnL / ,------~ ,., ,-/ ., •. ,' ' 'J \; ,: .:, . ·· .· .,.v!. 1 , 1\ \! .. , / :' '•,,, \f ' '··· : / ,./ . ,, ' ,· ··,:::- ' .\"':;,!'( \ _ ,c ' .1(, ,.(· · 1 ,· ' ,/,-· ' \\ . _)''\'. \ ·:. •. '·; . .:~;,, ,,.,./,. ."\ 1L-" ·, \ / _L'.0;' I/ I , '•I. \ J•• \ ,.'\.,w .. ·•'~ T•1• .. ,· ", . ,-I>,'\ "'I',!" ' ' {' • \\ ,~ ·•~j! \ , , ,,, . ' ,.._: -----' ~ . '' '-.;, ,o ! ,. ' .--, ! ·, -sf.I{,, \·_ ,~r/ \ ',/>~'"°' II ~~• ~::;.-- ,,,, • \" ~ < c:~ ' ' ' ' ,,. ,_._ r f, ••-"t '••• -< ,, •• \' -: ; L, ~ , = ' ••,/ . . . . . / ' ' •, ,,,,. ' ;; . .- \ ,.·.t ~1•'• • S "~••'• ••'"'• ,\ ,, wal"'m•- • , . ,' I ·, ,9.. .. ' .. ,,,,ff' , ,-',;::• _:rf1' A • Y,,,,/J~6{. ~---• / \ A. /ltf' 1" ___ Pr:-o,omo.~c. r;'..hf-f_ • • __ .. .._, ~•-~• < -, , , • o w•y /••• ~-•--.. ::. ,,,.. . n " ., -.• ,. , .• ' '··ScrPPn I, / -..:·\ o' A(,'' r;M.,\-".:>. \ · .. \ I "u.re '\ ,, .dl. _,.,. ' 9 '7 ~ . 0 / ,r,.x, ', ,fr.,,tiY'\ ~f.17£ ·0\ (, ,t'' ,.,. ;."'·1 l i, ~ llilllI;\ /4 V \ , ,A,, \ . ~-.. , .... ,., < / C=cr,I, ,1,1', '\; \ C,l '•/ 1-}. ~ >, 01- \ d> o. / H,to.s+~rly ~ov lint ~ L~ 1s, •• , i.>" ':'::.. \ \ ,o' / / --CerUf:icate of, Survey: I hereby certit'y,that this is a true and correct representation of a survey of the boundories of Lot 91, and that part of Lot 90, Spring Park, including that part of vacated Lake Shore Avenue and that part of the trnct of land bet-ween said vac-,ated avenue and the shore of Lnkn t~innetonka all descrHed as, beginning at the most Northerly corner cf said Lot 91; thence South'1Jet1torly along tho Northwoaterly 1:1 no of said Lot 91 and 1 ts extension to the shore of La lea Minnetonka.; then~e Sout},easterly along said· shore tQ' an intersoction w1 th a lino drawn parallel with and 80 feet Northvesterly, measured at right angles, from the extension of the Southeasterly lim1 of Lot 89 t; Spring Park; thence Northeasterly elonr snid parallel line to the Westerly line of vacated Lake Shore Avenue; thence Northoosterly 147 feet to a point whi~h ln 75 feet Northwesterly, measured at ri@t anRles, from the Southeaeurly linr:i of said Lot 89; thonce Northeasterly, narnllel with the Southeasterly line of ·seia Lot 89, to the Westerly line of (;f!ntral Avenue as shown in Reg1stereci Land Survey No. /._61, files of the Registrar of '1'itles; t.hence Northerly along the \-:oeterly line of said Centrnl AvP.nue to the Northeaflterly lino of so.id Lot 90; thence· Nor'thwesterly along the Northoasterly lino of said Lots 90 and 91 to tho point of beff.l.nning: and . Lotn 102 and 103, exceot thnt port therAof lyinp; 1•:asterly of a line drnvn from a point en the Southeasterly line of Si<d d Let 102, distant 45 feet SouthW(>storly from the roo::1t F..asterly point of said Lot 102 1 to a point in the Northwest­ erh line of sa1d Lot l0J disumt 21.,. 5 feat Southwrnterly from the most Northerly corner of said Lot 10.3, in Spring Park, Ltlke Minnetonkn, anc~ of the lo,•ation of 11.ll buildings thereor'l, and 1111 vlaible encronchments, if any; from or on said land. For pur­ posos of this ~urvey, the Easterly line of Lots 10:' and l(lJ, and the data for said Easterly line, have been assumed to be AS shown on said Plat; and th(~ 1-:asterly line of Lot 90 has been RSS1.11nod to be determined by the Westerly line of Cr>ntral Avenue !lS shown ln Registered Land Survey No. /,61. Scll 10 : 1" :: 4D' 'Oat" : ll-l/~-75 o 1rcn marker I.end Surveyor and Planner, Long Lake, Minnesota No. 0 20 40 SCALE IN o DENOTES IRON BEARINGS SHOWN 81nchmork is o c/,1s,//1d "X" on concrd·t bou of NW c.ornllr of pumpho1.1u ol Gray's Boy Dom , t.ltY. ?JZ.87 fuf I N.6.V.D. -/929. H.-9hl!st known wafu tltval1on 1J 930.s1 Ful, N.G.V.D. -/929 , accord/n9 -1-o r4'c.ord:s of /vt,nn. Dllp'f of Con,t.rvah"on. 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LA ND SURVEYOR COFFIN AND PLANNE, LONG LAKE , MINNESOTA .,,, ____________________________________________ _ SHEET 2 OF 2 SHEETS 21€ < ~ -(. / ?<,::>: .... / ~- / ? ) <;'> \ sc,..., .. ,., hOUS( ...... •, '\_:, ···/·•. N j \'('\ \ , .. ,,.,.•.,_·, J.,.liiJ.1l;, . ..:i\Jl,,a \ -~) :-.::· --~· [_. -. ~-\ 1/_; \ . . . .. \,,. ..... ... .... ~ '1' .... ' \A~ Nodhwe.sfarly .. y ./4~ I I ne. of lo-l--103 · \ .,:.-,····'(· ,;.~ ; ;i-.1:, "' '\~ ~ \--\-. ·, ~ ,,t,•··· .. , i:. __ .!/:\. ~ r·· ~ :. ~ I... L...7" ~ .. , •" ~, t : ..... , I • ••~ .... ; ~ ~ B 21 Boot s 1 ff .·'; / •• ~ •• •• '1 {\ _ _;,,_~~ Mos+ No c.o..-ne.rof Lot /.-··; ·:0,91· '\':' \:v. _.,,,.::;?' .; \~--.. V" / r.l / ~ Norfht.Mtvxly .· lint. of-~4. · / or-fhwu.sfa,7ly /,if >:. Ys II Lrl, of Lei '/ ,,:o :____ : r,, /'i' ... .. or-+hwsft.rl,j :., ~ : ' t. of lot 'JD ;;-h• ··v·· · .. -;: ~ .-· .. · ~ .·· · ,f'':'opos~d \ d;vtd,n9 l,ne. u\_. v0~. / ~"" ~ I I ·: I / I %~/ I Most-Ea. sfo..-ly · ·poin-1-of Lo+ 102 ½' {Jj .s ~ 5ou+ha..o + , ,ll;o, of L/!t ~~i ~ e-.---- (j I GJ ··, ... ,/'-· / ~'··:·.\~;'. \ < ·..... . A \ / ,/ 1/ > J'. w'ute.rlv lint of Ce.n tra l Averivll. ,. .--~,-' . 1: I ~ --;:·,• ..:::. ·~ /\\ -:-• ... -\ · ... · ··• \600!. SCf ft -' / fJ7" ~ ... ~ ~v ~ ... ·: ' ' ' ... , • ... , -~· ·. \ __ .... · \ \ /" Wa.-sfa.dy_ /ina. of ... va ccihc:J Lake. _5_1,__oyll_Ave.. r.) ... t:"' (~;. \/ --~- ) ·:11:;a;;~:~~4,;,7•·· I I .x 0 ') + 9 / d> o. qoY .. ·-.•· -~-:, \ ·.~·1 ••• ... , .. \ / Certificate of Survey: Y / I hereby certify thnt this is a true and correct representation of a survey of the boundaries of Lot 91 and that part of Lot 90, Spring Park, includin1 that part of vacated Lako Shore Avenue and that part of tho tract of land between said vucated avenue and tho shore of Lake' Minnetonka, all described as be 1;1nning at the most Nortl orly corner of said Lot 91; thence Southwesterly alon1:_'. the Northwest erly line of said Lot 91 and Hs extension to the shore of Luke Minne­ tonka; thence Southeasterly along said shore to an intersection with a line drmm parallel to and 80 feet Northwesterly, measured at right nngles, from the extension of the Southeasterl:, line of Lot 89, Spring Park; thonce Northeast­ orlr t,long said parallel line to the Westerly line of vacated Luke Shore Avenue; thence Northeasterly 147 feet to a point which is 75 feet Northwesterly, measured at > / . rieht angles, from the Southeasterly linG of said Lot 89; thence Northeas torly, parallel to tl)e Southeasterl:r Uno of said Lot B'?, to th8 1.-Josterly line of Cet;tral Avenue as shown in Hegistered Land Survey No. 461, files of Uw Registrar of Titles; thence Northerly along the Westerly line of stdd Central Avenue to the North,3asterly line o said Lot 90; tlJ(:!Dce Northwesterly along the Nort,h,_>!J.sb3rl~· ltne of said Lots 90 w1d 91 to the rxiint of beglnninc, according to the recorded plat thereof; nnd Lots 102 r.md 103, except tlmt part thereof lying Easterly of a line drawn from a point on the Southeaster ls line of s:1id Lot 102, distant 4'.> feot Southwesterly from the most Easterly point of suid Lot. 102, to a point in the Northwesterly linA of said Lot 103 dist,rnt 2/4.5 foet southwesterly from the moot Nortl1erly corner of said Lot lOJ, .ln Spring Park, Lake Hinnotonlw, acr.ording to the ph1t thereof on file or of record in the office of the Register of .1)3eds in an( for said -Hennepin County, A;..sO EXCEPT that part of the remainder of said land lyinc Easterly of H line drawn parnll£~1 with arH 10 feet Westerly, r.icnsured at rip,ht ancles, from the following-described lino: Cotnmonclng 9. t t.h8 1rof:l t WoG ter ly corner of said Lot lOJ; thence on an assumed Liearing of North /4 7°1/. 1 J0 11 East alone the Northweoterly 1i11,,.., of ssid Lot lOJ a dist.r:tnce of 95.74 feet to the point of beginning of the line being described, said point lxiinr a point in a nontungential curve conr1we to the W•)8t h3.vinr a rudius of Lt45 feJt, :1 tan£ent of s:lid curve thro1 said point of bet;innlnt; li,:nrinr: North 15°.'.:J)' 30" West; thonce Southoasterly alone s:dd curve throue;h a central angle of 6°5)1 30" lln arc distance o!' 53.52 feet; thence South 9°0]' East tangent to said curve a distance of 200 foot, and said lim there enditH', Also that part of Central Avenue, accordinc to t,he recorded plat of Spring Park, Lak0 Minnetonka, lying Northerly of drawn parallel with and 75 feet Northwesterly, measured at rip,ht angles, from the Southeasterly line of Lot 89, said Park, Lake Minnetonka, and :its Northeasterly extension, and lyinr, \,/esterly of a lino drawn parallel with and 10 feet measured a.t right angles, from the followinr_;-described line: a line Spring Westerly 1 Connnencing at the most Westerly corner of Lot 103, said Spring Pnrk, Lake Minnetonka; thence on an assumed bearing 47°14 1 JO" East alon£ the Northwesterly line of said Lot 103 a distunce of 95. 7/, feet to the point of bei:;inninr of being ctescribect, saia point being n point in a nonta.ngantia.l curve concave to th11 West· having a radius of 1.4') feet, a n- gent of said curve throu 6 h said point of beginning bearinr North l'.i 0 56' J0 11 Wost; thence Southeasterly alon 6 m:tid curv.e through a ccmtral angLe or 6°53 1 30" an n:r.c dist-anco of 5:J.52 foot; thence South 9°03 1 East tangent to·snld curve a distanr of 200 feet, and said 11nc tl1ere endinr,, and the loc-e. tton of nll exi::. ting lmll:lin1:s tlv3roon. It does not purport to show other improvt~m..-.intn or encro:-ichments. l y,:J Plat of Su /),P" i for H ·· rvey .., ,c,r 1 5 t'l oj'/0 n Lots 90 ·• Hamilt ,vl • / 7 • 91 1n•, ' on Moran -;/ 'f 1 . Henne pi~ .. , ,:nd 103 S r.oun ty lli , • pri n g ?E\rk , ' ., nnesota . N l l\\\S \U.li\ \\lS 9EEI tl\CROf\lft\EO /f'"' _.:._/~ ..... ,\ ..• . /i ,--. i:'._)i4, ..... - ' j J ' ,.,,-, .. , ,,. .... \,o._ of \,.. Hi t(""' I~ ~ . -, ---_..,.x ,,,,-·······-" ,... . . . I \ ,.. \ :·-, , .. , '\, < ..... :: -. \. -:-..,_ ..... ..... ) i .· >,,·,,,,,o> . . '·, \ / / / nu-~/ ' t • . . . ~ .· t,:l, \ . ' r ,.,, .l '\, . . / ~-r':. . .,,,,,~-jl>.,.,. ,./' i · . \ " \ ./~f/ ,rJ. •••• · -l · · , 1, , ,,, '·- 0,; ,1~'-I :rt ... --/ ., ' L ,... • . • ~-s '".C ..,,. 11.l w ;+C " . ---~' .. . .. '<, • ,, ....... ,., ~~, .s y.,JJ~/. ... ----> .--s:. . ') c, ~,,,,./':'.'.\ ., ••• J,, .. ~. ,.,. ,,,,, ~ ,> • uu •,. \ ,,,,, -~ < \ S .... ~,,...•m••• ,• al ' . .,, n "' , ~-=••••~ .'' •·•l•w• 1· • . -••' '( _..,; [Mo\"j \ ·-' • ,.c.s. ,_¼).,' -..-: X ,,-,· .._, ;~1!1 ,,, 1,0 /' ./ ' '\ \ . r.,. •• /, r, / v' ,., .... \_,,/'.·v \' \~ "'= \ c:.: ··:.; ,,· \ I I I I I ... ' . • . • • • I I I I I I I l I I I JI I I I I I I I l q I J I I I I I I I I l I I• I I I I lJ __ ' ' ' \ \ \ I ,, _____ .., • J I I I I I I I I ·-- f\UiJet -- ORONO COPY IDENTIFICATIO~ Of PREMISES REIUIRm Apprcved Addresses Shall Be Di~ayed, Plainly Visible And Legible From The Street Fronting The Prooertw PROVIDE SMOKE DETECTORS FOR E1'.1TIRE BUILDING PROVIDE TREATED PLATES \\t'HEN LA YED ON CONCRETE G--- ! PROVIDE PUMP Al\1D/OR Ho\'1'\t occupA-hOl'--l <-1 ~ t2,....,;::7 1 P PLBGACCESS f\-G l.l ::;. 1 r-J e.. S. ':> 1 ~ 0 ~ A-'n;;--0 P Iv::) Vh. A-(Z_.t;:;,S \ C,. eNc..t EXHAUST FAN ENT DIRECTL y OUTSIDE ~f:54Dal CITY. OFl ORONCI'" 8011.:DlNG PE~ Mrt 1PLAN RSVTIIIII tNSP£CTOR ~~¾b= DATE I -1 2. -°(S' PERMIT NO. __ ,.. E;:J APPROVED AS SUBMITTED ,Er APPROVED WITH CORRECTIONS AS NOTED 0 NOT APPROVED -CORRECT & RESUBMIT ~ comments are for your information. All work shall be do.ff m h•H comDl1ance with ail applic.at>!,; bulld!nc & zonln,i code re­ ,u.,.-iments inciuoJng items not speciflcally noted in this revu,-.. <f"EI-' THIS PLAN ScT JN SITE AT A.LL TIMF>- ___._I--t--~ ----------~ -+ t?UV~faotfd ~Mn. ~t fA?nW6 ~ LBJa AA~ 1U~\~ rJ ~~ J1-lA I I 114~ i ----------"Tt - i: i I I ! (DO I I l_f.l)()_J" - L---+ I i I I --~ ~ LJ ,--_ 0 ~ I •~-. •. , I =-~ ~ . ~ I I = = ~t---7= .· '-.../' I --I~ . ~ . J)iaot•-· ~~~ Q \"'/::)D ~- ·~ --,-,"'- ---. ---- '~ --- ~ I --~-,-1/\~~-A~~~~A~---~~~-----··==·~---·~~~~~~~~---~----~~~-----~~I ==~/~:/\A--~~==~--- • I ~ i%5 ~_o ~. Ctt;m, Mrl. ~~ ! 6COf~ u~U:3{.a_.,flAW 1/t~-0 11 ~~\,~ ,11 ht? - CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 May 1, 1995 Ted R. Rozeboom 2967 Casco Point Road Wayzata, Minnesota 55391 Dear Mr. Rozeboom: I have been asked to review your application for a home occupation license for an architectural consulting business use located at 2965 Casco Point Road. Your residence is located at 2967 Casco Point Road. Your application poses several violations or issues that must be addressed before a home occupation license can be considered by the City Council. At the time the building permit was issued for the renovation of the residence at 2965 Casco Point Road, the building official provided you with a home occupation license application that set forLh specific standards under which a home occupation can be operated from a residence. Upon a recent inspection by the staff, they noted that at least two desk units and conference table with chairs were located within the office area. Staff also advised that the building contains both upper and lower level residential living areas. In reviewing our files, it appears that both properties at 2965 and 2967 continue to be independent and have not been legally combined for tax purposes. The following listing reviews either violations or potential zoning issues concerning your proposed business/commercial use of the residential property located at 2965 Casco Point Road: 1. The property is zoned residential, LR-lC, Lakeshore Residential, single family residential uses only are allowed. Your commercial use of the property located at 2965 is in violation of the residential zoning of the City and of State Statutes. The commercial use would be considered a "use variance" and State statute prohibits the granting of a use variance. Your business use of the property at 2965 cannot qualify under the home occupation license and is considered an independent commercial use. 2. A home occupation is considered an accessory use and per the zoning code must be conducted within the principal or homestead residence of the individual. Telephone (612) 473-7357 • FAX 473-0510 Mr. Ted R. Rozeboom May 1, 1995 Page 2 3. If you were to legally combine the properties, the second residence on the property would be in violation of the code unless that residential unit was to be used for non-rental purposes such as a guest house use. A guest house or non­ rental apartment requires a conditional use permit. 4. Based on the inspector's observation at the most recent building inspection, it appears that you retain an employee. The home occupation license application currently states, "All persons engaged in a home occupation business must reside in the dwelling." I would recommend that you contact the staff at your very earliest convenience so that we may arrange a meeting at the City offices to discuss the violations of the code. Staff has enclosed specific sections of the code that will cover the issues discussed above. Jeanne A. Mabusth Building & Zoning Administrator JAM/ch Enc. cc: Lyle Oman, Building Official Bruce L. Vang, Field Inspector TO: Jeanne A. Mabusth, Building & Zoning Administrator FROM: Lyle Oman, Building Official DATE: April 26, 1995 SUBJECT: 2965 Casco Point Road -Home Occupation License Application On January 17, 1995 Ted Rozeboom of 2967 Casco Point Road submitted a building permit application to remodel the lower level of a house at 2965 Casco Point Road. When I accepted the application, I noted that the space was proposed to be set up as an office. I then informed Mr. Rozeboom of the City's home occupation ordinance. He stated that he was a principal in a firm downtown and did not plan to work out of the space but would take the application with him "just in case" . A plan review was completed on January 12, 1995 and the permit was issued on January 19, 1995. On January 18, 1995 the City received the home occupation license application. The application was held until the space was finished. On April 25, 1995 a final inspection of the space was scheduled. The inspection was conducted by Bruce Vang and myself. The space is set up with two work stations and a meeting table in the center. Mr. Rozeboom was not present at the time of the inspection but there was a person working at one of the work stations. The applicant does not comply with the following home occupation license requirements: ch 1) All persons engaged in the business must reside in the dwelling. Mr. Rozeboom resides next door. The employee working on site may live in the upstairs of the building but was not listed on the application. 2) Entrance to the home occupation must be gained from within the structure. The space is accessed from doors directly to the exterior. 3) The applicant is using the space now without a home occupation license. CITY OF ORONO APP1ication Date: P.O. Box 66, 1335 So Brown Rd --Date License A_p_p_r_o_v_e""'d_: _______ _ Crystal Bay, MN 55323 Date License EXPires:_~------- APPLJ:CATION FOR ANNUAL HOME occu.PATION LICENSE Initial.-Review Fee -.$50. 00 Annual. Review r;ee $30. 00 ~ e 0Y,~_!\A Ni!·.-, -1:n~ss cw?( ~g :_: > :-,~~~r,i,-;.:,,x~~;~;~;;;:r~~~:~~;:~~;;;;;;::' No. of Employees within operation: J •. , ... -1 -_~ · ·• · · --✓ •• j -. \ Provide list of names of employees on-JSack of this,;.~p~~.:i\cf~J.:-ion. Type of Business to be Operated: ArlbirCl::UA(lt\ ~rtf ~.i1\b·nf\ ~JAN ,1 i3 ,:i ,895 t"f:'r:, ., License may be revoked if any violation occurs. City staff sha11 have"'fi~ (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time wil..1 be extended to ten (10) business days. The license application with sta£f recommendation will be 'scheduled before the Counci1 at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C} Prohibited Borne Occupation Practices. 1. It is unlawful for anv business operating as a home occupation to engage in operation witho~t proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs pe::-mitted other than signs permitted in the residential zone. 4-.--No--exce-ssive stock in--trade may be stored on the premise.s ... 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within -the struc-::ure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City may require. FOR CITY USE ONLY: After review of following: ___ Approval of License Date :--'-'/}-'-"-,J7f'/:"-'-'?'--- application, staff recommends Denial o= Lice~se Date: the Signature of Zoning Official: ------------------------ Signature of Fire Inspector: ----------------Date: -------- CITY: NAME: NAME: ADDRESS: ADDRESS: CITY: ZIP: CITY: ZIP: DATE OF BIRTH: DATE OP BIRTH: .., NAME: NAME: ADDRESS: ADDRESS: CITY: ZIP: CITY: ZTP• --. DATE OF BIRTH: DATE OF BIRTH: ADDRESS: ADDRESS: ------------------------------- CITY: ZIP: CITY: ZIP: -------------------------- DATE OF BI.RTE: DATE OE' :SIRTE: ------------------------- .:r-2- § 5.40 SEC. 5.40. HOME OCCUPATIONS. Subd. 1. License Required. It is unlawful for any person to engage in, or carry-on, a home occupation, as that term is defined in the Zoning Chapter of the City Code, without first having obtained a license therefor from the City. Subd. 2. Regulation. Licenses will only be issued if the specific use is permitted or otherwise allowed by the Zoning Chapter, and if all conditions set forth in said Chapter are fully complied with. SEC. 5.41. MACE. Subd. 1. License Required. It is unlawful for any person to sell or distribute, at wholesale or retail, the substance commonly referred to as mace, without first having obtained a license therefor from the City. Subd. 2. Limitations. A. Only persons who are duly authorized and licensed Federal firearms dealers shall be licensed. B. This Section shall not apply to official sales to, or purchases from, the City Police Department. ·-~ t .f..J '-" SEC. 5 • 4 2. BUSINESS AND JOINT USE OF LAKE FACILITIES • /.;;Ti'-<1----t,.J-f ""-1 o ,fU::::-~ l {1 Q Subd. 1. ',·Definitions. For the purpose of this Section, '7/..,,. ,( the following terms have the meanings given them: $i '-:J i.:: ·,, / ,I:· , ,;, er A. "Boa t \ .. Slip, Water" means a structure, space,--f-01,; dock or other thing designed or used fol the docking, mooring or /i._~"t-' storing of a boat tempor ·arily or pe _r /manently in or on water , /' .. ,, ·' including mooring posts, buoys or oth~-r devices. \.___:_ B . "Bo at S 1 i p ;\ Lan q" means a s tr u c tu re , space or other thing designed or used 'for /storing a boat temporarily or permanently on land adjacent to ~-~ake, whether it is located on or off the licensed premises. /', C. "Business of Doc R--ing, Mooring, or Storing Boats" means renting or otherwise pro ;iding, space, including boat buoys, for docking, mooring or stor,,i ng thre 'e-,. or more boats belonging to persons other than the owner /or occupanb,of the property. I ' / "' D. "Commer c ial Boat Dock B'usiness " means providing space for docking, moor:i,l1g or storing boa't .s for a fee, or boats used in a trade or busine'ss, including, witho'tit limitation, provid­ ing rented spaces, boat ;buoys, space for keeping boats owned by ·· the licensee and held for 1sale, display, rental, or , otherwise used in connection with a bQ~t or marina business, a ~d space held for docking of boats du7✓ng or pending repairs or maintenance ·of said boats. ORONO CC / 126 (4-1-84) § 10.20 Accessory Uses. ~ithin any "R-lA" One Family Residen no accessor ~ructure or use of land shall be permitted except for one or more of the following uses: A. Garages. B. Pools, courts, and paddocks. Private garages and parking space. etc. Fri va te swimming poo 1, tennis C. Horne Occupations. Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, the entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. D. Signs. Signs as regulated in tfie Zoning Chapter. E. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. ORONO CC 281 Source: Ordinance No. 172 Effective Date: 1-1-75 (4-1-84) § 10.20 D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvement projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures wi 11 require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not ,be located in a required yard area, and are subject further to the general zoning code requirements pertaining to accessory structures. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series -------------~A~d~o~12_1~t ~e~d: 7-14-86 G. Guest Houses & Non-rental Guest Apartments. 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. ORONO CC 280 Source: Ordinance 29, 2nd Series Adopted: 2-23-87 (4-1-:--84) \_ § 10. 2) Non-rental Guest Apartments. An apartment principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door sha 11 be the primary access to the apartment. Application for such a guest apartment sha 11 address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 2 0 0 feet of the commercia 1 or industria 1 district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure ~rovided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. L. Farms (Crop and stock). Provided that the area is ten or more acres. M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be ~vailable for each anima 1 unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse · and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted · at the discretion of the Council. Such minimum pasture acreag~ shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. ORONO CC 280-1 (4-1,-84) § 10.02 19. "Dwelling" -A building or one or more portions thereof designed or intended to be occupied exclusively for iesi­ dence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. A dwelling sha 11 not be interpreted to inc 1 ude lodging rooms. 20. "Dwelling-Attached" -A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. 21. "Dwelling-Detached" -A dwelling which is entirely surrounded by open space on the same lot. 22. "Family" -An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household. 2 3. "Family Dwe l ling-Multiple" -Any structure made up of two or more attached dwellings. 24. "Garage-Private" -A detached accessory building or portion of the principa 1 building, inc 1 uding a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity of not more than one and one-half tons. 25. "Farm (Crop)" -A parcel of land comprising an area of ten or more acres that are in agricultural use. 2 6. "Farm (Stock)" -A parce 1 of land comprising an area of ten acres or more that is used to house and feed six or more animals or for the raising of food. 27. "Ground Level" -The average elevation of the finished ground surface measured within five feet of the foundation of a building, except ground level related to height of building shall be measured at center of building facing the front of the lot .. __________________ .._, 27(a). "Guest Apartment" -An apartment within a principal residence structure for the sole use of the occupants of the prinicpal residence, including their domestic employees or their non-paying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Source: Ordinance 29, 2nd Series _________________ Adopted: 2-23-87 ORONO CC 244 (4-l-84) § 10.02 28. "Guest House" -An accessory separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements shall be met by the guest house. 29. "Hard Cover" -Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Source: Ordinance No. 172 Effective Dat e: l-l-75-------- 30. "Home Occupation" -Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure only, when evidence of the occupa­ tion is not visible from the street. No signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession when such general practice will involve the need for more than three off­ reet parking spaces for the occupant and visitors. ORONO CC 244-1 (4-1-84) PLA.NNI.NG COMMI SSIO~! CIT Y OF ORONO J P. O. BOX 66 J-i. f.AM ILTON MOfu\N · . 2 •~-G r; CASCO POINT ROA ) · · ·' • . . ::C ·,\·r z<\TA, MINN . 55)91 .·. -.· . b iane Dunlop Jo Ellen Hurd John Guthrie Glori& McDonaln Richard Hassel ·. ::CRYSTA L BAY , ML N. 55J2J .,. G@l orgo Hoaf ield •·. ~ Centle.J11en: ., th res _pect to po t e nt ia l f """ over a.nd above those alread y Jaid · on our application July ..5, 1977, coveri n; V3.s at i ni:-of land by Mora.n to the City of Orono and by t · ' · •-~• anrl. Ha.rtzell; and cov~ine; pro~ed. div~ion of .the Mo m'flrnm~ i..ch l".a& been so ood aa to 'IJ\iggest tb&t ' if'·n !ring.,.the spec thic a._;:; r ll cat icrn t o-the. attem.~on ,of the .Pl.&nlµng Coi!llllissio ncU, then the advise that:' . '' " l&I~~-~ ,__~: aeparat& "£, n te ~--:--11 ,.,_~~ ,f a«:t-cal.JCM .Pee" on th he f · i1e ·1ot. fi l. ~ ~--·, 't'i•, eip~lcatJ.on is i n r es p<..'"):!Se t o urg ing by the Zoning :A i.niat~tor, the ·Pl.aiming . ·.;, CodllBsi~rt, .and' the City Cou.,cil at me e t ings in connecti_on w~th the (granted) Mo?'&ll , , applicatl:on for a ga.ra.ie var ia :1ce, when the inaccuracies of the Pl&t at the Hennepin · . . , ~ •Oounty Register of Deed s wc -::-0 il 'l.ci e manifest by the Moran survey, and appl~cants were ·. · requested, as the City hac: no 1:iu .-1 r,et to do this, to provide at the owners' ,expense._ '-,. an .accurate survey a n<l pr opel· l eca,l description of the -actual road ·and, the -properties -. •to ~ .vacated, with all th=ce ?ro_perties concerned joining in this so the City ,could . , · take action to correct th e ;.i.ty anc. Count;;· Record s to conform with location and usage ,, · existing since the roa.c'I -wa s r-u t in circa 1 9 Jl. This has been done per application ·, at. considerable expense of tim"" a.n--: ::i oney to applicants, to do somethin(; which it appears should. have been done by th e t own s hi p or county lack in l9Jl. · , , :2. ·: At the same 111eetins"', the ~io rans were urg ed to d ivide the · Moran property to'.~ · , '. ·· proVide a seiarate truca.bl e lot for each of the two residences that have existed ·on, ·:, · .. the _property since circa 19 15-1 92 .:, with one or the other being lived in by owners · ·· ::am ' the other rented since a.bo ut the late thirties;· and the· only costs Mntioned to ~ the Morana in this connection wo r e tha.t of the a pplication fee azxl the rather considerable extra aurvey·&lkl ·legal wor·· r equire~ as compared with continuing the present "Grandf'atbe.r" · .. ·_atatua. )lf.l were not mari e a·:,,,n.r e at any time of the possibility o£ a $2 000 "Park Fee" ', .~t.y for d oing what the Cit y h~n requested, utnll ·art.er our application was sulm.tted, . .· :am £eel that it woulcl. be e ntire l y unjust to assess such & pewty for simply draving-. . , · a _line between 2 residenc e$ t h~t hnve existed here ·.for 60-70 years and been ]:&Ying i'ull. , ·:\-~· all -~'le. _tiae -whil o th e Cit y was using part of ~e pro~y 'for the ~• etc. ,-', I 't I • I . -''· · Hav1ngi aubllitted a combi.'1~c1 n p:!)lication and otherwise ,c~pliett ·at.· owners'. expense , , to ,;the request.a of the City, we fo e l tha.t it would. be unf'air, De 'Poat-hcto, to -as~· ··t ... !J~er than th08e Jain with tho a pplication~·. · · • • r I l '••1 t"J~ f ahall appreciate a prom pt de cision on this ,::-equeat, ·prolll~· •~t~on as pos s ible on our a pplication. s f , ,fJ 'l TO: FRO(: Planning Comnission & CotDlcil A. P. Olson, Asst. Zoning Adminsitrator #2 llt\TE: July 13, 1977 SUBJECT: Harniltm Mornn -2%5 Ca.c;co Poil"t Road 51.i>division (Preliminary) nnd Street Vacation 9 Mr. M>ran is requesting a division of his prop.!rty wch has for many yean em• tained two separate hones. The division_ as proposed on the attached survey 1«>Uld result in two parcels, each with me of the homes and each slightly exceeding the ,.ainilul 1/2 acre (21,780 sq. ft.) area requirement for this zme. The area e 1 lots is ba.c;ed upon a revision of .the street of way line as . .. t with thi::-division . . ~~~,;-l!r; .. 4;~~~;).(~1;:;j!,,sji~i'JJ<L:,,', nt for ds the 10 lakesho ·rements. · k variance .o_·way~ 'deeding of new right of way to the Ci. . . . eel is a ·recogm• ion that the actual street location is not ... isting platted right of way. Proposed herein is both vacation and dedication across Mr. Moran's fn:lntage, plus additianal. vacations across Mr. Perry's and Mr. Hartzell's properties should they also file· applications a.rd request inclusicn. The proposal as presented shows a p1oposed right of way width equal to the existing pavement width of 20 ft. The existing platted right of way is 60 ft. Widening"the proposed right of way would reduce the area available for Mr. Mlran's divisian, but would be IIIOfe in keeping with City requirements for a SO ft. to 60 ft. right of way • .. A public hearing has been scheduled for August 1, 1977, at 7:4S P••· Pl.ANNI?«; C(J,f,fi'SSICN ~ING -August 1, 1977 Applicant was present -no other interested parties. Conmission discussed the advantages of allowing the suhdi vision to enable each separate dwelling to have its own individual property. Oiscussed the disadvantages of the proposed narrow lake access (cannot meet minirm~ dock setback requirements) and the setback variances ~ired for the cxistini:? buildings. Discussed the lot areas and the effects of the c:onc:urrent proposed' street right of way changes. Public hearina • Street Vaca~ion. Discussed the advisability of correcting the platting prob!~, but also t:ie necessity for having sufficient right of way width to be permanently adequ.1tc. Planning Conlldssion felt that the proposed 10 ft •. offset fran the existin~ center line was inadequate. The engineer's r~m.dation of a SO ft. width (25 ft. offset) was considered as was the current 60 ft. width fcrr public streets. Planning Connission was concemed about the effects . of this an other Casco Point properties and on this proposed subdivision. Mr. Monn said he wmld be reluctant to dedicate more than 10 ft. as shoNn. Planning Cc:anission tabled both subdivisian and vacation applications for staff to;Supply mre information about possible altematiw street,widths 'l. Hamilton M>ran • 2965 Casco Point Road SIJ>division, Street Vacation Page 2 STAFF • August 2, 1977 9 Street vacation proposal as submitted shows a 10 ft. offset fran the centerline of. the paved toad. Using this proposal: City receives City vacates City vacates City vacates 1,400 aq. ft. from H. Moran 1,000 sq. ft. from n. t.t>ran 4,700 sq. ft. to s. Perry 3,400 sq. ft. to J. Hartzell 59. ft. dedication; 9,100 sq. ft. vacaticn 9,100) 39.100) . . attached -.ps show the existing platting variatior..!' o."'l Cisco Point Road which· . . ;;varies fran 100 ft. down to nothing. Large stretches !.Ie 40 ft., 60 ft~ and 100 ft.\ · ;;Jl3eycncl this address (2965), there ate 6S dwelling mits. ldrl.ch mst all traverse this . ~~;'stretch of the road as their only access. ' . . ~·Jhe plat approwd in 1976 for Kenneth Oien at 2980 Casco Point Road did not involve ;:(any street dedicatim, but the areas allowed ~J"e' calculated less a 33 ft. (66 :'t. row) ·.ftaa the center line of the travelled road 'Which did occupy a part of his platted 0 •• ;f':>·lOt. ,?PLANNING OJ.MISSI<N MELTING -:'\URUSt 15, 1977 /i ' " ' ;){Discussed proposal again including the effects of various street widths on the subcli.vision. :t Planing Ccnaission fcl t that they needed more information before reconnendation actima con the proposed vacation. Re<'luested staff to have the City Engineer review his ~? -, 11e11dations for street width b.."lsed on utilities, drainage and maintenance ir.. this ~? , specific locatim, to have the City Attorney advise as to ''pd>lic: intere.:;t" in vacatians 1 and land transacticns, and to have Council review policy for such vacations in similar., ; ciranstanc:es. Tabled. ·. ""¼,"' '.Vi'S'rAFF • Auaus. t 16, 1977 ',l···,; :;;'~$BPMA'lli APP1,ICATIC?§; Hr. Muhich advises that he has told Mr. Moran that each separate ·':·'abutting or benefiting landowner is expected to make an individual application and:each i. >1Glld be expected to pay the $2S application fee. In any case, the .engineering is con~ < tiguaus and ~lete and your review of the separate cases can be at .the same time. . .. ·· · ':.Bach sepante application should be acted m individually on its'.own merits .. t . l ! !::uni 1 ton !bran -296S C<1c.co r'c-1 n: l"r)ad . '# C .. \9 ., J ) . ' '1 ' 1 f ·;• • ,.-1-, • Page 3 t~ .. f~l~'EER'S REVIEW: TI1e Cit~· '>-:ir.c-cr and I visited the site again and reviewed the cx1stmg terr.nn. On tJ1c '~1 nn pro;l<C'rty, the 10 ft. offset is at the edge of the pavement beyond which is a:,;,rn,.i··-..:1tdy 2 ft. of ditch and then another S ft. to 8 ft. of rut earth bank which ern;''s inio the ditch. 'l11cre are trees near to the top of the bank and along its tor c,1..-('. lli1 the Perry property t'l-icrc exists a wide ditch and culvert opening. n1c top of t'ic ,1i tch is vr'ry near to 15 ft. beyond the pavement edge. On the Hartzell property i:~ a tennis court and a fire hydrant, the hydrant being approximately 10 ft. off t 11c 1, 1 1·c·~cnt cclec. recor.r.icndations to r.lC ,,c-re th.it the City should retain at least a SO ft. rioht of (25 rt. offset) with :mv ,·ac:1ti()n. 01 the Hartzell property, this will keep the r 1:ine on City prorcrty, yet allow-the enti.re tennis court to be · ·2propC"rtY. t1,c en ~~).ti.c.,hu;;,the parking:;;: On tlic ':or;m va rern.'lin publ5c. On the:·· ·cy should t1y t ssible •. can the future Oro:io st t. Staff that< · "'oold-allow a ck a r n\_~11 i c re-co l d tend to reduce :;th _ pub he .susc~ptabi 1i ty to ;b.1;'lgc c la ins01 . •. .•. . _ ow seffectively privately controlled and th~y Mntld lcgally return"the long standing de\'eloped property to the tax rolls. The proposed dedication, whatever the extent, would provide clear public: title to the travelled road. Ile specifically noted that the City should retain "sufficient" land to keep the transact ions in the public interest. The proposed land trade (vacation for dedication) on the ~foran property is a legitimate negotiation tool to be used to clear title for both p.uties. The vacations should be individually acted on £or each affected property: a:x.NCIL_POLTCT; C0tmcil will hr-specifically asked to address this ~ituation at t.heir August 22, 1977, meeting. C<l.NCIL MEETING -August 22, 1977 COlD\c:il discussed the situation :md inform.dly agreed that the City should rroceed ·with the vacations for the rc:isons :-t:ited :1 1,ove. Because the platted road here 1s 60 ft. wide, Council felt that any y:i:,t ion s 10 ould he no closer th:m 30 ft. from the ro:1d centerline. l\'here the dcdii:atio:1 is Propes~ on the Moran propc,·ty, Council felt that the City should obtain "tiatcn'r "r. ''.oran is w.illing to n-linquish and not press for the. entire width. STAF.F • August 24, 1977 Field measurements 3rc sho,-n on the-:ittachcd copy of the survey. Rt'Co.rmcnd a12:.13 ft .. offset at the dedication an.-.,. Hamilton Horan -2965 C1~c0 J'oi nt 1;0:1d Subdivision -Street Vac:ttion Page 4 9 Reviewed Comcil and Staff di 'ITct inn and latest information. Recomnended the following: ?-bran Moran Sulxlivision (PreliMin:iry): \nproval ~f the subdivision includin1t all necessary var!anccs for existinr huildinr setbacks, lot area and lot width, subject to a dechcation of land for a puhl ic street in the aroount of 13 ft. from the centerline of the existinp, travel led ro~cl. Recomnendcd no park dedication fee due to both homes existing for many ,·enrs. . Vacation of a 11 of "Central Avenue" (Casco Point Road) beyond 30 ft. e of the' cxis . tility .. ~ separate resolutions to vacate the portion of Qmtral Avenue beyond 30 ft. £ran.• the centerline of travelled Casco Point Road. Approved preliminary plat of Hamilton Monn smject to dedicatiro of 13 ft. of road right of way .measured ftaa the centerline •Of travelled Casco Point Road including \'llriances for existing stl\lCtureS and dock. ~fflined no park fee doo bccmsc both parcels have been occupied for 40+ years. CXJJNCIL MEETING • SepteJThcr 26. l'.177 Approved all three street vacnti0n f('Solutions: Mora."l., Peny, Hartzell. COUNCIL -.January 23, 1978 ¼"', Approved resolution of final plat approval. No park fee due. Tract C mat;:be dedicated to the City. Planning Commission City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Land Use Application #2062 Dear Sir/Madam: t 1995 September 5, 1995 Brenda Henney and I are the owners and occupants of 2941 Casco Point Road. We support the Application of Ted Rozeboom and Josephine Knudson. Sincerely, William H. Henney ajl wp6. l/orooo in Lots 111tl Md"~ / ••.~, i.-···•· ~··••,., o <'·-, 1.b. I '" /,\ .-J; 5 f tJ.;,ULJ . 'J}f6 (I ,f1/-qf ID Plat of Survey for H. Hamilton Moran- 90, 91, 102, nnd 103, Spr:lng Hennopln County, Mf.nnesota ,\r;}_ "'~ »•"""'-~" ~ \ ', .,..,,..,. .{. J+ . 1/\i\ .. \ :, lo:!, ~ ·-.. _ .• / \ .· "I " / :· ·' ... ) \' ~~ · .. PE1rk ~i ,--. ., i\ .. )l+ N , .. 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' ,c. ~.,,.'' \\:~. r ..,~ ~...:;h~~~~~ . , , , . \ \:o+; \ot, ..-.....q '·':) App""'<;,...~h, /OLo.hon of -. .. . . ,.Ve~-} fr<>.vo.lul .--oo.d Norlnv,,.-\-l.--1½-.. ·~d," ,,<,-j ')'_~1 ~ •• -·•· 11 .... nf_. l.o+q1 ),,;;,:...i.'f. J,,;d ' Yttofl,#1_. ~'I, ' .----\ ~. •--.-.-'-!--,t l. I ,.i --~ . ,., / _ · ··-· ~ -,. ..-s, · · I \ /,.<J· ._('_ :.;' \ .. .. , . ,. / .1t'>'/ ... • \ :...... . ,· ....-, nr ' r \ ' . , _.,,.--... ,~-. "' -, ! -· / or' . . '\ /-· / . , , £/~dn'c .fl', I ·,., ., ,..,_ ,.;.--: .,---·"· \ ·r ✓ '/ ··) ~ ~, __ ,,... , . \. ,-;.. ,. ·, ~Cl/'"/ · / \,, '.'' .,..,..; )'o/'] i \ _i::y ------ / -! : .,,,I,; t 4' .. '-.\. ., "'. l 3..... ~ ··, _ . ~,,-'\ • •. • ' Stub -fa .. S .. I/"/ o , -, -'""-f"'V--"-11.1 Wrf"~ f'n,._ -- .,,(t. · / Je \:.-I"> ...._,.,...._..,) L' ll , 11 11 -~·,· wal~r ,,.,.,,,, :""'··, . .___. ~.... .. • 1 t _., "'~•'I, . 5ov~k1...-\'1 lina. ..{ L.,.I 89 \ •. ( . ..,; ·• Q,)_r, . _.: / i ••• ~- \ ,.-. .-I., / ~-/ \ 11.,·· \\"•,. .. f1fltfl' ·•.. I I., / ---1-~,. ~, \·-.. / . . ---4'' ,,,,. ·. ' ' ' .,. , \ ,.(f' 11 c ·.. \ Af'f"'o~,m"I~ .-,1ht-of-wa.y h',..._ > o .. ' rrl· . 0 f' ~ a.u..ord.,..,q 1o R.L.S. No"-4:!,I ~ •A~;•!"" -·-,, . ,,,.,, . ,1:::{,-'··· / ',;•:· ,A ;ti 't, '\_ \I",· I .• .·.. /"''>f•· n -~ '1 •. y,,,,tJ- 11 1,/. . .., _ _ _ -~ ... ,_ frt f'.~AA.A -j, \ ·.. 1/ -. -... , ' . <If' .,0,. -·. ' '( ~. ·,.: \ "'o '1 ,pv\ ~t.17". '.; ,r,, I .;J 11 r "/ l . .✓-I\ crppn house · /-,,. ,,_,;!• ·,.. , ,., I, ,. '< .dO. ~ "~ .. /,,... 'Ji#Jr •:,, \' "'~ • \ ..-·~ , •• ·, \ ' qo ,,.,,-: .......... , v,;J' Cc~cr,I,, ,hr J[> ''\ \ = .... = _.. b; .,1-,.0 i'\::·.·... ~ \,nt o-f Loi 18'l \ (' ~ '¾, ..... .,. ~ ~:~--5ovH,tf>s+uly L.int P"'r" w -1-n ~t,,._ \ /"viy ,_ ol '"\, ,o' / 01, f, 'V ~: "° CerUf1 c.':ite of Survey: I hereby certify that this is a true and correct re-presentation of n survey of the botmclnr1'3s of Lot 91, and that pnrt. of Lot 90, Spring Park, including that part of vncated Lake Shore Avenue and that part of the trnct of lirnd bet.ween sa:1.d vac-..ated avenue and the shore of Lake t':tr1netcnka all deiecrHcd as beginnin 1: at the most Northerly corner of snid Lot 91; thence ~:outhwosterly alonE the Northwesterly 11ne of said Lot 91 and its extcnsfon to the ~1hore of Lnke Minnetonka.; thence SouUensterly alonr; BR.id shore to an jntersoction with a line drawn parallel with and 80 feet Northwesterly, mes.sured at right angles, from the extem-don of the Southeasterly line of Let 89, Spring Park; thence Northeasterly \ alonr sntd parallel line to the Westerly lino of vacated Lake Shore Avenue; thence Northeasterly 11+7 feet to o point which 111 75 feet Northwesterly, measured at rlg}:lt angles, from the Southf!asterly line of said Lot 89; thonc-e Northeasterly, narn.llel with tl10 Southonsterly line of Mid Lot R9, to the Westerly line of Central Avenue RS sho'\.Jn in Reg1r.t~rerl Land Survey No. 1./,1, files of the Registrar of '1'itlet; thence Northerly along the Westerly line of sni<l Central AvPnuo to the N0rth0.nP>terly l:lnn. of snid Lot 90; thence NorthwnsterLy olong thf': Northeasterly lino of naicl Lots 90 ~nd 91 to tho point of beginninr: and Lots 102 Anc'l lOJ, f'IXcect thnt part thernof ly:inp: Easterly of a line drawn from a point <'n the ~,outht'!flStorl:r line of said Lot 10;,, d:lstHnt 45 feet Southw('storly from the rror:t r;:nsterl:, r,o1nt of oaid Lot 102, to n point in tho Northwest­ erly line of s1d d Lot lOJ dis t,mt 21.,. 5 feet Southwestorly from th,~ most Northerly corner of said Lot lOJ, i.n Spr1 ng Park, L8ko Minnot0r.kn, anrl of the lor-ation of ttll buildingi, thereon, and nll visible encronchments, jf any; fron or on sr-dd land. For pur­ poses of this ~urvey, the Easterly line of Lots 102 and 103, and the data for sidd Easterly li ri~!, have been assum"?d to be as shown on said r>lnt; and th,~ r:nsterly line of Lot 90 has been 1rnsumnd to be dcterrnlne<l by the Westerly Bne of Central /I.venue ris shuwn in Regbt1Jrccl Land Survey No. /,61. Scale: Date 0 l" = 4n1 l l-l/1-75 1ron mnrker Gordon R. Coffin Land Surveyor and Planner Long Lako, Minnesota --_. -· --:""::.. _i-' +-f-,,~-: ~~J~~ ~ -..,, -_ v.,,;~~ ~ ""I r._,,,.;-,-:-~ ,~~-= ~ ""-, -4::-ff~H--_;;-- ''"' ".::: ,_ -~: :f~ .... -.... ., - (3560) ---------~~~~~~"~O~~l)ewJ#r' ?> . fA(Y;. IN~ All-A--$. ---~-· _, / 0 , 2..0 $we.~ 3-~(_c.___.,."}--+---'-~..c.__i;_~~---,--,t2"""--==-r:.=-=--<-A_:_~.1--:-TZ_.__,Q""-'-N~I-=~---'-"-~---=---, I !IL' t. t ~ _ A e ~~~'f U ~ A~t..o vJ ~/' I A::t.. <-C~t.. t T?oAJ,S --~AU _M_~r_;_ _________ _ -------~~~ C-<.~ t:>t;e-y PAf?orJ IS._6kll:!~~-- @J>lf.#\... fr::l\ 11N 77~ s~~ I --------"-r-··- I e tA N c.n o Aj &s. 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Av\)~ tk-;-(L ~~So"-l ~ ~----'----Au_o_____,,___--'Li;'.:-=---IH_(~~ ~ ~ '706~ r $~ ~~ ?) ___ ,I _Sf:;_~ /0e--1---~'"'--"' fHrt.-·//J~LA; C/2. 6fUJJD': (,:;(?Fr.,~~ DF' kJA($1ov,S ~~;,t i /?I.A~· N~~ Fvte__ &.~~ p~~ ~ #/~ f~ H::s"SS10N vJH-t-N SlA-Ui{ -------'-'------be-~-N---=-~-=-_,_,,,,,'-'-f~~'--==-1ee 1.0, L--L 1~vowe ~ ~ FPB----­ /r:P(l.e ~ ~(3) Off"-s~-r /J~~1_/\J~c;..~--J SR~ S Fol?-: --n-tzs-O~JVJ r M> h · V1 ~ J 10 IZ S ----~---~~~""" A/)f1.-l<;.A-T[of't.J MfeAILS TP F41,L-'TD ~Si7 ~ ,:e;~.J A t1 r-c.... ~. "' j AN~ c..l rY M:S..-,~ ea+. o~._ w~ c.r,'~LoK b is~_.________ -' - tN I TY I 70 I /?-OZ-Q&Jo.~r /J~ , I ~ f JM-:YE1-;,) ~ l-f l.S -7t,.,L IJ.JD~ N 1" ~1-0.J ~ ~~A-n<!>l\j IN 2--9(::,S-stA.J~ 1r~ s-~s a~--~s -----~AJ~o~r~Tl¥~f'/2-1NC.tPA--L ·s~e7u w1 ~ t>tJL-'-1 tJ LN tTlH/\J ~ l'M~e,tr'kc__ ~---··--- - ""' .. RUN DATE 08/15/95 BATCH 502 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM · PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 3 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE.AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO.THE BEST OF MY KNOWLEDGE . AND BELIEF [ ~ . . r ~., ,. /41; nn ' J · . DATj) I N9hsy ,WX,,lJ CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County , Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2062, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 31st day of August, 1995. Jami~ Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts CITY OF ORONO which are stated below: side setback, lakeiihore setback, average I lakeshore setback and hardcover variances / 02750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 473-7357 Fax 473--0510 to allow the construction of a second story A ) The n e Sp h 1 · d · h 11 "addition arid roof line .revision to the existing • W aper as comp 19 Wit a the : ·--NOTICE resi~{nc~067 .Brue€,~~ Terry Clark of 625 ' requirements constituting qualifications as a Old Long_ Lake Road h_ave made application qualified newspaper as provided by Minnesota The Planning Commission will hold for a side setback variance to allow ' public hearings in the Council Chambers at construction of an attached garage addition. Statute 331 A.O2, 331 A.O7, and other applicable 2780 Kelley Parkway commencing at 7:00 8. #2068 Pat and Kathy Smieja of 4040 p.m. on Monday, September 18. 1995, on the Watertown Road have made application for laws , as amended. matter of reviewing the following land use .front. and_ rear -setback variances to allow /4 . _, applications: • construction of an_. addition to the existing / f -j-' Distri~i h#a~o~~~i~~~~~=~o~~~~~ :~t~i~s:n~1 -res,d~_nc:2069 Cindy . ;~d s;~v~ H~~i~ ~f B.) The printedW !JA i) fl/1/J/!if/J/J/lluJ,} use permit an·d variance for the construction _ 385_0 Watertown Road have made application / f of a 2.5 acre _stormwater wet detention pond ·for a variance to allow construction of a . on property lo_cated at 1485 Sixth _Avenue swimming pool located nearer the front lot · North (PIN #26-118-2;3 33 0029) involving the line than the principal residence structure .. ~ ~I --.-.--------------------- removal of· approximately 25,000. cubic yards 10. #2071 Ja_mes and .Joan_n-Jundt of IwhIch IS attached was cut from the columns of said of fill . within and · adjacent to a protected 1400 Bracketts Point Road have made an . tributary. · · -. application to amend · Resolution _ No. 3539, ·newspaper, and w/s printed and published once 2. #2060 Tim Feyo and Karen Fuller-requesting variances and condItIonal use i Feyo, the owners ol the property located at permit for land alterations and hardcover each week for ----successive weeks: 4055 Elm Street, have made application for within the 0-75' lakeshore setback zone. '. renewal of the lot width variance granted in · 11. #2072 Graydon K. Newman, Jr. of September, 1994 to allow construction of a : 1655 Sohns Point Road has maoeapplication single family residence on the_ property. for lakeshore setback variances, hardcover · . 3. #2061 Arne Wasberg of 3135 North variance and ran d alteration conditional use Shore Dri_ve has made application for reriewal · --permit for proposed deck walkways and sand of 0-75 ' hardcover and ·Iaf<eshore setback · ~fill including boulder retaining wall alterations, variances approved in September, 1994 for -within the 0-7 5' lakeshore setback zone. . the construction of additions to the existing · 12. #2073 William and Susan Dunkley · residence . ·-·· • ··-· · · _· ~ of 2709 Walters Port "Lane · have made · ·4_ #2602 Ted Rozeboom of 2967 Casco : application for lakeshore ·setback and Point Road. (the .applicant) ·and Josephine ·:hardcover .variances _ an_d a land alteration : Knudson, owner of.2965 Casco Pein/ Road, """~,p :ind1t1onal use . permit . for _ retaining _y,oall, ' have made application for . variances to· the · ., sidewalk and driveway _ reconstruction, and zoning· standards for" conduciing · a ·horrie -~ ·,,construction of_-three-season ·_porch ·-and _ It was first published Monday, the~day of 4./iJert.} 19'J:i., and was thereafter printd and published every Monday, to and including Monday, occ_upat!on. The applicant requests approval , entryway additions,. _all ,°!"'J~_h1l) __ tl}e .. 0._7q' the d f of a horne ,_occupati9n _operated by :_the _:t~·-',~~sho(~~etback __ zone.:;t,s-p;:; :1:,,~1,3 t ----ay O -~--,,-a::,----t ____ 19 ___ , , applicant on a property and within a principal _ . All persons wishing to be heard will ~ structure iii which he does not reside; and for ··_· appear at this meeting :; Written ·comments ~ which the entrance to said borne occupation are solici_ted .. Plans are _available i(l the City is not ,gained from within said pr incipal -9tt1ces tonev,e1N;-byappomt1Tient. .. ·.. :. struc~ur~063 Ge;;;t a~d c~~~"'ace Ro~~; . '._ -' City of Orono • ·"i r' -.-,~·~ • . thorized Agent of 3775 Bays ide Road have made appfication --,.-. By: _P_lanning Commission ,;, •. · rJ, . , for hardcover.' and lakeshor.e setback . . . · -.·• · · · -. . - variances for replacement of an existing deck · · -. Michael_ P. Gaffron, Assistant Planning & , in .th_e 0:7.5' lakesnore setback zone. -· . f ·: -: z_ornng.Ad"lInIstr8.!?r :; ~:;-~' :.: -. -1 1 : Subscribed a d t . 6. #2066 Robert and Iris Waade of 1487 ·-.. ,,. ·--:: .. ·-. -. ., -c ·; -·. ---• --, • n sworn O me on this Shoreline Drive have hade application for · (Published m The .Laker and Pioneer, •0 .,,.· ••••• -·· __ ._ •• ··" _, .......... ~-----__ ,__ • Sept 4, 1995) .. :~~----~-... ---~·-·•,. By: e ublic a e n ormation (1) Lowest classified rate paid by commercial users for comparable space: $11~72 per inch. (2) Maximum rate allowed by law for above matter: $11.72. (3) Rate actually charged for above matter: $6.80 per inch . Each additional successive week: $4.90. CITY OF ORONO 27 50 Kelley Parkway, P. 0. Box 66 Crystal Bay, 1YIN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway commencing at 7:00 p.m. on Monday, September 18, 1995, on the matter of reviewing the following land use applications: 1. #2059 Minnehaha Creek Watershed District has made application for a conditional use permit and variance for the construction of a 2.5 acre storm.water wet detention pond on property located at 1485 Sixth Avenue North (PIN #26-118-23 33 0029) involving the removal of approximately 25,000 cubic yards of fill within and adjacent to a protected tributary. 2. #2060 Tim Feyo and Karen Fuller-Feyo, the owners of the property located at 4055 Elm Street, have made application for renewal of the lot width variance granted in September, 1994 to allow construction of a single family residence on the property . 3. #2061 Ame Wasberg of 3135 North Shore Drive has made application for renewal of 0- 75' hardcover and lakeshore setback variances approved in September, 1994 for the construction of additions to the existing residence . 4. #2062 Ted Rozeboom of 2967 Casco Point Road (the applicant) and Josephine Knudson, owner of 2965 Casco Point Road, have made application for variances to the zoning standards for conducting a home occupation. The applicant requests approval of a home occupation operated by the applicant on a property and within a principal structure in which he does nor reside, and for which the entrance to said home occupation is not £ained from within said principal structure. 5. #2063 Gerald and Candace Rowlette of 3775 Bayside Road have made application for hardcover and lakeshore setback variances for replacement of an existing deck in. the 0- 7 5' lakeshore setback zone. 6 . #2066 Robert and Iris Waade of 1487 Shoreline Drive have made application for side setback , lakeshore setback, average lakeshore setback and hardcover variances to allow the construction of a second story addition and roof line revisions to the existing residence . 7. #2067 Bruce and Terry Clark of 625 Old Long Lake Road have made application for a side setback variance to allow construction of an attached garage addition. 8. #2068 Pat and Kathy Smieja of 4040 Watertown Road have made application for from and rear setback variances to allow construction of an addition to the existing residence. PLA.L'lNJNG COM1V1ISSION NOTICE FOR l'v!EETING OF SEPTEl\IBER 18, 1995 9. #2069 Cindy and Steve Harris of 3850 Watertown Road have made application for a variance to allow construction of a swim.ming pool located nearer the front lot line than the principal residence structure. 10. #2071 James and Joann Jundt of 1400 Brackens Point Road have made an application to amend Resolution No. 3539, requesting variances and conditional use permit for land alterations and hardcover within the 0-75' lakeshore setback zone. 11. #2072 Graydon K. Newman, Jr. of 1655 Bohns Point Road has made application for lakeshore setback variances, hardcover variance and land alteration conditional use permit for proposed deck walkways and sand fill including boulder retaining wall alterations, within the 0-75' lakeshore setback zone. 12. #2073 William and Susan Dunkley of 2709 Walters Port Lane have made application for lakeshore setback and hardcover variances and a land alteration conditional use permit for retaining wall, sidewalk and driveway reconstruction, and construction of three­ season porch and entryway additions, all within the 0-75' lakeshore setback zone. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission t Planning & Zoning Administrator To be published the week of September 4, 1995. CITY of ORONO Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 5532J.0066 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. 3. 4. 5. 6. The information you furnish will be used to determine your qualification for the permit or license requested. You may refuse to supply data, but refusal may require that the City deny the permit or license. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. If your requested permit or license requires Council action to approve, some information may become public. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. Your full name is required to process this application or permit. ¼,tssol\ First Middle Last Address City State Zip Phone I understand my rights as stated above. Signature TELEPHONE -4!;S°7357 • FAX · 473--0510 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13. 82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action. pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 11 -S T E "t. i-T t-f 2Sl~ CA~(( FCH,T fCAC .. A,Z~lA ~1~~ 553~1 LC.I f9 ,t.c UtAl PART Of LOT 90 l't H,G SU C·f A ll~E OESC AS FOL CCM A J THE SHOfiE Clf lAkE MTKA Al A Pl ao fl " AT f T A~H,LES FROM SL~ L JNE OF LCl sc; TH t•Ei.r flit liiJTH S ll~E CF lot 69fC A fl 1N ltiL~ LINE Of lAK~ SHORE ORIWE . WilCti JS t.Oli VAC: Tff CCNT I\ELY,-i1tl FT TO A PT 75 fl N 4T RT APtGlf S fl\Oft SLY 0'"~-·-·""•<•·· lUif CF lOl 29 1H CO~T''MELY PAR 1111ff SLY LINE OF LOT 89 TO ELY l lNE OF LOT 90 A~C. ttatf ENDING INCL ADJ PAJi.lS Cf ST~EETS ~AC . ·}sJf \All;£ :' VAUJE' !SESSEO t2•;coo·· i;~,100 30,166 A)I lEVl/CfSCRJPt ION (ftt ,,,, . ~ WJUFt JP.G MT FD SHARED ASSO FD .U.EJ F-ATE li= fRCJECJ t.O. ,,. , RATE 107.348 tJti!~c~R JNTERC. SM SEWtl 63 Uf' Clt0.\8 LATEF.Al SEWE'fi 6~ LSI ··c4C4S !EW:R PLAN1 ··sn~ l(~j: O!ll3 . RES l.ATEJHAlll l97Q L . 1 C1114 CAstD ),1· STREET llGHJS . AMOUNT 3,~02.66 325.00CR 3.33 7ft.t5 18.65 10♦.3'1 s.oz 3,l63elt8 " s -~2: --,~!~' J!i~l~~ -;;:- . . .• oo c.~n TA)PAtEF ~l~E/AOC~ESS ~EET~ ,it bLU~OS ~ hAMILlC~ "ORAN' ~JFE HAili" ti l'0AAh 2St! CJ!C(! fCJNJ RD IIAlZATA . MN 1 .. 91 ,/;,,,,,pi' 4't"·"'·z~;z· MuRT CGCE/LOA~ t EStlC~ ~A~E/ACO~ESS itCO 02lt50~ 1~ l.,I · · - 11; It. 41 ,, ,11 ijf" . .ooo 01 \JSiOh t.O~; OJ'VISJCI\ DATE SEE 10 S LANO 30,0JO ADDITION NAME t.CRE/.~~ SCH SPRING PARK OJ0.00 STATUS: OST El~ CCR ":~:" fRCf" MCS 4 PT JH ''-LY lllf Of LOT 103 Al D LOT 103 INCL ADJ-· PARTS Of t": MAfll'ET \AlLE ,~.LIMITED \AlliE 1Cljl A!SESSED " '~ ,' :5t~~it·~;-~":'.::.::"' "<~~~ ::;>.· ,uJLi;YJ~G.JMJ~/ ~-ct• ;;~;.,L FD St,AREO ASSO --'' FD ARE, RATE T IF fRCJECT t.O. :. TA)' lE~-,/DESCRlPllON f<ATE A~DUNJ.;""' 2,lll .. 09"·.-;, GEN llX 107.!48 ="·-~· fl"STD CR 0117~ CASCO Pl STREET llGhTS ·.·325.0CCR 9.99 ca, t.EF- t A >PA •E ~ ~A~E/ACORESS MEET~ t•c 60UhuS PAll L CrFlST\ ETAL TOTAL TAX TtTAL PAlt ·• . 1,196.08 . .oo ~CFT CCCE/LCAI\ i ESCkC~ ~AHE/AODRfS~ AO O I TIOP\ r,A~ E ACkEAGE SCH aTR OST SHC SPRING PARK • EARLIEST OELQ YR -78 MACH AMT UNPAID . LOT 6l.K PLAT PARCEL PllCPERTY I.O. PPtPERTY ADDRESS SN TWP RG QQ SUFX ' 43300 3SlS 20-11 l-2) 31 0046 LOT eLK PLAT PARC~L P~OPERTY I.D. PkCPE~TY AO~ESS SN TIIP RC. QQ SUF:t • • • UI • • • • ... • • • • 'I SE:"VIClt I ADDITIONAL C .. A .. Glt CHARGE 1, .CiUCGC I .i,.:, DESCRIPTIVE INFORMATION ,I i, UNITS IFOCTAGEI IETC.I -t ...... -r • .;....,. .-+--~--t ' J i TOTAL PRINCIPAL b 10.GO ---........ ,_<!'•-• i ., '-/ j ....... t=-..... •""'~t-·"" ••·"t· t"·---'---to -••• , ..... " . , ,, . ,; ·u ,. ,·/ /4 . / #11/t #,,;,/1 lj.:/1 /·;., I I l(;t'.;.J(' + /ct- I Ml ANNUAL PRINCIPAL 5tle<JO 11ici.vo t c.,. t,u • 1!" ..,. ... ---4. 19cc 191] l'i18 12.J..>U 92.a5 1, ... ~ l9l:9 1.-.7', l'H9 H:6.n tJ'ri.H 11 • .,7 31-t.:i> 21l.JH 2U .• ~ td.'11 19.t.4-S H.3.!.il 1.21. ', 11< ... 't'., ~'.t...5> i.4 1l.v:.. 7•,.-, .. _,.,.. ___ _ "' " CURRENT I CURRENT VEAR VEAR AHEHMENT AH£SSM£1fT 1970 191!. 1980 10 .2':I ,~.PJ<":j 6t.l.4~ d3.lt<; ljc-,.09 114-.6'; Uk. t • hi. lHt l<oh l'9f:H 411~.bl 6-l.'11 6">.0l 2,<i.t l Z 10.21 Jt~.t1l UH • .?!. ~-,~ t.1 1. ,~: '; r••: • -t,.._• -~·-~·~•-r•------,.-~-• -.,.. -----__ .,. ---____ ..,__ .. i. --~-·--.,. .. ·-·,..,,, ♦• 1 '""'-.~.-· t ♦~-. _.._._ ~ -t ...... -.. ----+-,.-....,.. ----+-... --.-, ·- 1 i 1911 I 24s.n .:u l ~6.'1J ,,-;.ti;, l. 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L A '• E O U ~, I t, f-0 R M A T I O N UNITS IFOCTAGEI !ETC.I '' • : l, !c:,.(,1.,, i: • L .,_ I (p 2 . --t~J"te'J.:!!'¥ PARCEL NUMDER ! ! u, ... it: l, -'; '"' l I ~ ';>.♦;.. : ,,,, I, SEC TWN LOT BLK ll;d ······ j ., -ti. ---•-.,. -~ ,~ ,.#' • "-' • ,, °"' r 1 il..el.'4 -;_ l 1 -tt.rw~ -r-tt t'"', RGE --· -·---··-- TOTAL PRINCIPAL "I -•. , ; •• ; IJ • u • I ANNUAL PRINCIPAL --_,b .,,JI 1~0. cl t.". \.J .t 't C ,. l ', i J l 'i 16 l 2 > • 1 j l"Y • ~, ~ . ~ 19,1.,.~ 111 • 1:..,... 4--+t-l----♦ ~ •---'t-L-.. -1 ...... -,---➔ i I t./. -" i i '1 ( '-: • 'l, I, 1 •n,., 1(;6.11 t • l 7 l • ,, 1 21;.';17 ~,1.c.;1 1€ • !>, 1::. I I • \._ .. l 1 ~ I l~ lO • ij lo_;. t • -. ., ;:.f, •'-' 1 C,. l l"t • • • t • I : I l ....:...-~ ..... :. ....... ~.~----.. ,,....,.,.;. ...... '-• · ! -· r .. :"' f" .., ....... 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