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HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O.Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Theodore & Deborah Rozeboom 2967 Casco Point Road Wayzata, MN 55391 ZONING FILE: #05-3089 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 26, 2005 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: April 25, 2005 VOTE: 4 FOR O AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than April 25, 2006. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2005 7:00 o'clock p.m. *10. #05-3089 THEODORE AND DEBORAH ROZEBOOM, 2967 CASCO POINT ROAD-VARIANCE -RESOLUTION NO. 5316 Murphy moved, White seconded, to adopt RESOLUTION NO. 5316, a Resolution granting an average lakeshore setback variance, a 250-500' zone hardcover variance, and a building­ to-building setback variances for 2967 Casco Point Road. VOTE: Ayes 4, Nays 0 *11. #05-3092 MATHEW HOFMANN, ON BEHALF OF CAMELOT CONSTRUCTION, INC., 1225 DICKENSON STREET -VARIANCE -RESOLUTION NO. 5317 Murphy moved, White seconded, to adopt RESOLUTION NO. 5317, a Resolution granting lot width, lot area, and side street setback variances for 1225 Dickinson Street. VOTE: Ayes 4, Nays 0. *12. #05-3099 MARY AND MARNIX GUILLAUME, 3060 NORTH SHORE DRIVE - VARIANCE -RESOLUTION NO. 5318 Murphy moved, White seconded, to adopt RESOLUTION NO. 5318, a Resolution granting 0- 75' and 75-250' zone hardcover variances and a lake setback variance for 3060 North Shore Drive. VOTE: Ayes 4, Nays 0 . *13. #05-3101 JON AND JANE SCHWARTZMAN, 425 OXFORD ROAD - VARIAN CE -RESOLUTION NO. 5319 Murphy moved, White seconded, to adopt RESOLUTION NO. 5319, a Resolution granting an average lakeshore setback variance for 425 Oxford Road to construct an in-ground pool on the site. VOTE: Ayes 4, Nays 0. *14. #2461 BRYSON AND JOHNSON, 650 -660-670-680 BIG ISLAND -LOT LINE REARRANGEMENT -EXTENSION OF EFFECTIVE PERIOD OF APPROVAL - RESOLUTION NO. 5320 Murphy moved, White seconded, to adopt RESOLUTION NO. 5320, a Resolution approving an extension of the effective period of subdivision approval to October 22 , 2005. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT Murphy stated that members of the City Council and City staff would be going to the State Capital Tuesday for a meeting with the Veterans , real estate agents , and representatives. He encouraged council members to avoid any negotiations or providing definiti v e answers regarding the Vet's Camp site and instead express appreciation to all sides. Attorney Barrett stated that several issues with regard to the transfer of title may take up t o several months to clear up. White asked whether the city had replied to a letter from the Citizens for a Concerned Navarre . PAGE 8 of 10 Date Application Received: 2-14-05 Date Application Considered as Complete: 3-14-05 60-Day Review Period Expires: 5-14-05 Department Approval: Name: Janice Gundlach&' Title: City Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: April 22, 2005 ItemNo.: JD Agenda Section: Zoning Item Description: #05-3089, Theodore & Debroah Rozeboom, 2967 Casco Point Road Variance -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits LR -1 C, One Family Lakeshore Residential District (½ acre minimum) 0.48 acres (20,936 s.f.) 82'@ shoreline, 76'@ 75' setback A Resolution per Planning Commission Recommendation B -PC Action Notice 4-19-05 C-Memo to PC dated 4-14-05 D -PC Memo and Exhibits of 4-11-05 Application Summary: Applicant requests the following variances in order to construct an addition to the street side of the home connecting to the existing detached garage: 1. Hardcover variance for the 250' -500' zone to permit 64% when 30% is normally allowed and 64.4% currently exists. 2. Average lakeshore setback variance to permit the existing hot tub to be relocated to the roof of the lake side enclosed porch, which currently encroaches on the average lakeshore setback. 3. Side yard setback variance to permit a side yard setback of 5.5' when 10' is normally required and 5.5' currently exists in order to allow the garage to become attached, rather than detached. At the Planning Commission meeting the applicant again revised his request and eliminated the proposed addition that would have made the detached garage become attached to the house. In doing this the applicant eliminated the need for variance #3 noted above. However, the applicant proposed a new roof overhang to run along the street side of the house meeting the required 10' setback to the side lot line. This proposed roof would require approval of a new variance to permit a 5' separation between the new roof attached to the house and the detached garage when 10' is normally required. Planning Commission Recommendation The Planning Commission voted 5-1 to approve the variances as revised by the applicant during the meeting, with the following stipulations: 1. At the time of building permit submittal, hardcover calculation worksheets shall be submitted confirming compliance with the hardcover numbers represented on the revised request. 2. The only access to the hot tub shall be internally from the house so as to minimize negative impacts on lake views by new outside stairways. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting an average lakeshore setback variance, a 250' -500' zone hardcover variance, and a building-to-building setback variance for 2967 Casco Point Road. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288, 78-1279 (6), 78-1438 FILE NO. 05-3089 WHEREAS, Theodore Rozeboom and Deborah Rozeboom, husband and wife (hereinafter "the applicants") are the owners of the property located at 2967 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract B, R.L.S. No. 1470, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for an average lakeshore setback variance, hardcover variance, and building-to-building setback variance to Orono Municipal Zoning Code Sections 78-1288, 78-1279(6), and 78-1438 to allow reconstruction of the existing lakeside porch, relocate a hot tub in a non-conforming location to the roof of the proposed new porch, and construction a new roof overhang on the street side of the home between the existing detached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3089. 2. The property is located in the LR-IC, One Family Lakeshore Residential District which requires a minimum lot area of 0.50 acres and a minimum lot width of 100 feet. The applicant's property is 0.48 acres in area and 82' at the shoreline and 7 6' at the 7 5' setback. 3. The Planning Commission reviewed this application at public hearings held on March 21, 2005 and April 18, 2005 and recommended approval of the requested variances based on the following findings: Page 1 of 6 a. No further encroachment of the average lakeshore setback will result with construction of the lakeside porch in the same location, and therefore no existing lake views enjoyed by neighboring property will be impacted negatively. b. Placement of the existing hot tub on the roof of the lakeside porch, while technically an encroachment, will not negatively impact views to the lake enjoyed by neighboring property owners due to the height. c. The current location of the hot tub is non-conforming in that it is within 10' of the side lot line. d. The deck and fence existing on the side lot line in place for use of the hot tub, will be removed. e. Excess hardcover within the 75'-250' zone will be removed and result in a conforming percentage of 25%. f. The proposed roof overhang attached to the principal structure and to extend to 5' from the detached garage will merely be an extension of the existing non-conforming building-to-building setback existing between the house and detached garage. g. The proposed roof overhang will meet the required 1 0' setback to the side property boundary. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in Page 2 of 6 keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore setback variance, hardcover variance, and building-to­ building setback variance to Orono Municipal Zoning Code Section 78-1288, 78-1279(6), and 78-1438 to allow reconstruction of the existing lakeside porch, relocate a hot tub in a non-conforming location to the roof of the proposed new porch, and construction a new roof overhang on the street side of the home between the existing detached garage, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 660 s.f. or 11 %. Hardcover in the 75'-250' zone shall become conforming at 25% and hardcover within the 250'-500' zone shall not increase above 1600 s.f. or 64.4% as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Hardcover calculation worksheets shall be submitted with the building permit to verify compliance with the hardcover calculation represented on attached Exhibit A. 4. The applicant may phase the hardcover removals as shown on attached Exhibit A; however, all hardcover removals shall be completed at the time the garage is changed to a front load, for which a permit must be obtained no later than April 25, 2006. The hardcover removals shown as phase 1 must be completed prior to the final inspection for the lakeside porch. 5. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 6 6. The only access to the hot tub shall be internally from the house so as to eleminate negative impacts on lake views that would be created by new outside stairways. 7. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 25, 2006). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25 th day of April, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2005 by Theodore Rozeboom, husband of Deborah Rozeboom, husband and wife. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Deborah Rozeboom, wife of Theodore Rozeboom, husband and wife. Notary Public Page 6 of 6 7U,-\trV1itr6'.:\' fct ~le'Q ?. \i'\ \00 ~ ~&:l ~dWJ«r F:·~--.'1 \..Jei.l HOldlOIJ.z,( -~~ 'Nlcl~i0\'1 ~ ,~ il/lJSET uw---r~ !:>iStl"'jllaraqc ~~~.~~ \Ci\lllb" '\ "' IJ!ndow{Vl>or ~E.x(st1tvi ·-.... . "-, y--· 75' Setboi '• '\ r{, ' .'--.. If , ·,\ \?DZf&"OM ~i,~1oare:-\ I ( .. ~ . --i. ~ '\,\.,,,~? \. ~ ~ £,(Of; Vl'.)0tfitAf1Dl-lS , . '/eJ'"""'' --er ,· . . _ ~ ~-.:g.._ :5' O> ··'--. 0(10' .l'i '>4 C ~ C C t Q .A~~~; fXH\'e>I f A i ,, '\"., -~•6"= 1•.\'' ~6 "' .. .,. i:o,.::. . ., ~ Cl:) .i,: 0, t:<j f~f o~w 1ZEiX!CODW.? I KtT2 1'5 -'l~D (l;)(i~tirvf) 4144,'?f -1'lo' ~d,niNj ua\l • l-lo\'rul7 ◄~ (~-!if) EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover Lot Area 6.eQ. Sq:fJ. ~~AA'\'? 5984 Sq.Ft. % 'of Hardcover 11.0 % 75-250 feet 1350 Sq.Ft. Garage 505 Sq.Ft. Drive, Patio, Walk and Waifs 2289 Sq.fl. Total Hardcover 4144 Sq.Ft. Lot Area 12467 Sq.Ft. % of Hardcover = 33.2% 250-500 feet Drive, Walls 1600 Sq.Ft. Total Hardcover M,e · Lot Area LAKE '"~~~-~c81._ MINNETON cl ~ 6 ,,,,,....-<e-rtxiCit Mov.i; ~ol-tul, to uppuOe<t~ fordt • -orillt>-ro ual~ · ~ain ll'\&t Piue1 OVEP.HANl:t ~<J61JJot.(;tti'v~ (l{gO ~f) Ciw c;r) (120 Sf) % of Hardcover L600 Sq.Ft. /.JO 2485 Sq.Ft. 64.4 % 0 • X 000,0 (000.0) Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drain·age DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lone No. Plymouth, MN 55447 Phane:(763) 559-0908 Fax :(763) 559-0479 \ ~%·9\/ 1{ rt~9 st:i ,~a, lo'" I hereby certify that this suNey. pion or report wos prepared by me or under my direct supervision and that I am a duly Registered Land Surv~ :f G. State of Minnesota. David E. Crook Date: February 21. 2005 Minn. Re'l_. No. -22J.lL LEGAL DESCRIPTION: TRACT B, R.L.S. NO. 1470 k.ltw l-(\1(,(J~ REVISED CONTOURS MARCH 14, 2005 Fife No. 12761 B CERTIFICATE OF SURVEY FOR: :!:110 ~ t>t'l.0 Sf 3l445r · 'l~.1..1., SITE .4-DDR£SS: 2967 CASCO POINT ROAD Book-·Page 426/31 THE DANBERRY COMPANY-MR. JEFF DANBERRY Scale 1"=30' .. • I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18, 2005 6:00 o'clock p.m. *3. 05-3086 PHILIP AND CASSANDRA ORDWAY, 1145 SIXTH A VENUE NORTH- V ARIAN CE -REVISED J>LAN Rahn moved, Jurgens seconded, to recommend approval of Application #05-3086, Philip ancl Cassandra Ordway, 1145 Sixth Avenue North, granting of a top of bluff variance to allow construction of a new home, subject to the conditions outlined in Staff's Report dated April 14, 2005. VOTE: Ayes 6, Nays 0. 4. #05-3089 THEODORE AND DEBORAH ROZEBOOM, 2967 CASCO POINT ROAD - VARIANCE, 6:04 p.m. -6:13 p.m. Theodore Rozeboom, Applicant, was present. Gundlach stated the applicant has revised his application and is now proposing to relocate the hot tub to the roof of the proposed porch, an addition cmmecting the house and detached garage, and removal of hardcover within the 75-250 zone, which will bring that zone into confom1ance. A hardcover variance for the 250'-500' zone is required as well as an average lakeshore setback variance . Gundlach indicated the applicants have removed the existing porch and have discovered that the existiii.g walls and roof need to be completely rebuilt in order to accommodate the hot tub. In addition, the applicants are required to have a foundation under the existing detached garage in order to connect the house and garage, and if a foundation is not in existence, the garage would need to be tom down and rebuilt with a foundation in a confonning location. Staff recommends approval based on the stipulations outlined in Staff's Report. Rozeboom stated the porch has been removed but no other work has been completed on the front half of the building. Rahn commented based on his review of the site, the existing garage is not on frost-protected footings. Rozeboom stated they would like to now keep the garage separated instead of the proposed addition, but would like some type of overhang on the backside of the house . Gundlach stated a ten-foot separation is required between buildings and a variance would be needed . Rahn indicated the Planning Commission can only act on the plan that is before them tonight. Rahn inquired whether the applicant would like to table his application. Rozeboom stated he would appear before the Planning Commission at the time he decides to go forward with the work on the garage but would like approval on the rest of his application. Rahn inquired whether the location of the overhead garage door would be relocated . PAGE2 l\flNUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18, 2005 6:00 o'clock p.m. (#05-3089 Theodore and Deborah Rozeboom, Continued) Rozeboom indicated it would be. Ralm noted the hardcover for the driveway would be reduced as a result of changing it to a front-loading garage rather than a side-loading garage. Gundlach stated the hardcover in the 75'-250' zone would decrease significantly but that the hardcover in. the 250'-500' zone would remain the same. Rozeboom inquired whether he would need to obtain a variance to add an overhang on the backside of the garage. Ralm stated it was his understanding there was more work entailed than just adding an overhang and noted that the Planning Conunission does not have a plan depicting the proposed work on the garage. Rozeboom stated when he found out the garage would need to be torn down and have frost-proof footings put in, he elected to leave the garage detached and constrnct an overhang from the garage to the residence. Rahn inquired where the canopy would be located. Rozeboom indicated the canopy would not extend to the garage and would just be located off the backside of the house. Rozeboom stated the canopy would not extend into the side yard setback and would be located behind the average lakeshore setback line. Rahn inquired what the size of the canopy would be. Rozeboom stated it would be approximately five feet by 12 feet. Gundlach inquired whether the sidewalk would remain. Rozeboom indicated it would. Rahn indicated he does not have any issue with that proposal. Gundlach stated to proceed with that proposal, the Plaiming Commission would need to deny the side yard setback variance for the attached garage proposal and approve a building-to-building setback variance for the overhang. Ralm inquired whether there were any public conunents regarding this application. There were no public comments. Fritzler pointed out the Planning Commission is looking to approve something that is not in writing and questioned whether approval should be given tonight. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18, 2005 6:00 o'clock p.m. (#05-3089 Theodore and Deborah Rozeboom, Continued) Rahn stated in his view the revised proposal is better than the previous proposal. Fritzler indicated he would like Staff to review the plans prior to it moving to Council. Rahn moved, Leslie seconded, to recommend approval of Application 05-3089, Theodore and Deborah Rozeboom, 2967 Casco Point Road, granting of a variance to allow the reconstruction of the porch, relocation of the hot tub to the roof of the porch, and a structure to structure setback variance of five feet to allow a 5' by 12' roof overhang to be attached to the existing house, not to encroach within the side setback, and the granting of a hardcover variance for the 250'-500' zone to allow 64 percent hardcover, with the condition that a revised plan depicting the proposed work be reviewed by Staff prior to the City Council meeting. VOTE: Ayes 5, Nays 1. Fritzler indicated he is opposed to the motion since there are no drawings depicting what is being proposed and approved. OLD BUSINESS 2. #05-3080 INTERSPACE WEST, INC., 2060 W AYATA BOULEVARD, PUD - DEVELOPMENT PLAN REVIEW, 6:13 P.M. -6:29 P.M. Philip Carlson, futerspace West, was present. Gundlach noted the Platming Connnission did review this application at the concept plan stage, with the City Council directing the applicant to make some architectural revisions. Gundlach stated the major change to the plan is the increase to five clusters rather than three clusters of building. The number of buildings and square footage remains the same. Staff reconnnends approval of the general development plan proposal pending receipt of the following: 1. Plans illustrating the dedication of a driveway easement; 2. Plans incorporating the landscape consultant's recommendations; 3. Revision of the monument sign to not exceed 100 square feet prior to final approval. 4. Revised set of elevations illustrating like building materials for all facades to match the building materials noted on the front elevation; 5. Revised association documents. Gundlach noted the City Engineer has approved the lighting plan submitted by the applicant. PAGE4 ZONING FILE: 05-3089 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19, 2005 TO: Theodore & Deborah Rozeboom 2967 Casco Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Average Lakeshore Setback, 250-500 Hardcover, and Side Yard Setback Variances DATE OF MEETING: April 18, 2005 Planning Commission recommended as follows: The Planning Commission approved the applicant's amended proposal which included rebuilding the lake side porch, placing the existing hot tub on the roof, and a roof addition at the street side of the house in-between the house and garage. The amended proposal included the following variance approvals: 1. Average lakeshore setback variance to permit the porch to be reconstructed in the same location and to permit the hot tub to be placed on the roof. 2. Hardcover variance to permit 64% hardcover within the 250' -500' zone where 30% is normally allowed and 64% currently exists. 3. A building-to-building setback variance to allow a 5' separation between the proposed roof addition at the garage side of the home where a 10' separation is normally required. These approvals are contingent upon the applicant providing a revised plan for Council review and reducing hardcover in the 75'-250' zone so as to be conforming at 25%. VOTE: 5 FOR 1 AGAINST Applicant's next meeting is tentatively scheduled for: City Council-Monday, April 25, 2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. MEMORANDUM Date: April 14, 2005 To: Planning Commission From: Janice Gundlach, City Planner :fJ. RE: #05-3089, Theodore & Deborah Rozeboom, 2967 Casco Point Road After the report was written and the packet was copied, the Building Inspector informed staff that the existing porch on the lake side of the home needs to be completely rebuilt. Staff was under the impression that it was an existing seasonal porch with walls where only improvements were needed, such as insulation and windows, to make it living space, which apparently isn't the case due to the age of the structure. Because the applicant needs to remove the existing walls and construct a new roof to support the hot tub, the average lakeshore setback variance needs to include this. Currently, the report only requires the average lakeshore setback variance to put the hot tub on the roof. The recommendation regarding this variance needs to include rebuilding of the walls and roof. Staff would support approval of this variance as no further encroachment is proposed and it will be constructed in the same location. Also, the variance necessary for the addition proposed to connect the existing house and detached garage should have more detailed stipulations incase the building code requirements raise unforeseen issues. For example, the building code will require that the detached garage have a foundation that the proposed addition can attach to. If a foundation does not exist and the applicant chooses to rebuild the garage to make the addition conform to the building code, the garage must then meet the 10' setback from the side lot line (and of course 30' from the road). This should be included in the recommendation for the requested side yard setback variance. #05-3089 April 18, 2005 Page 1 of3 Date Application Received: 2-14-05 Date Application Considered as Complete: 3-14-05 60-Day Review Period Expires: 5-14-05 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner ,P Date: April 11, 2005 *REVISED REQUEST* Subject: 05-3089, Theodore & Deborah Rozeboom, 2967 Casco Point Road -Hardcover, Average Lakeshore Setback, Side Yard Setback Variances -Public Hearing Zoning District: LR -1 C, One Family Lakeshore Residential District (½ acre min.) 0.48 acres (20,936 s.f.) Lot Area: Lot Width: 82'@ shoreline; 76'@ 75' setback Application Summary: Applicant requests the following variances in order to construct an addition to the street side of the home connecting to the existing detached garage: 1. Hardcover variance for the 250' -500' zone to permit 64% when 30% is normally allowed and 64.4% currently exists. 2. Average lakeshore setback variance to permit the existing hot tub to be relocated to the roof of the lake side enclosed porch, which currently encroaches on the average lakeshore setback. 3. Side yard setback variance to permit a side yard setback of 5.5' when 10' is normally required and 5.5' currently exists in order to allow the garage to become attached, rather than detached. Staff Recommendation: Approval as requested stipulating the following: 1. At the time of building permit submittal hardcover calculation worksheets shall be submitted confirming compliance with the hardcover numbers represented with this revised request. 2. The only access to the hot tub shall be internally from the house so as to minimize negative impacts on lake views by new outside stairways. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. (Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992) #05-3089 April 18, 2005 Page 2 of3 Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (Ord. No. 101 2nd series,§ 1(10.56(16)(C)), 2-24-1992) List of Exhibits Exhibit A -Revised Survey & Hardcover Calculations Exhibit B-Notice of PC Action dated 3-22-05 Exhibit C-PC Report dated 3-17-05 Background The applicant appeared before the Planning Commission during the March meeting requesting hardcover variances and an average lakeshore setback variance to permit a 4' addition to the lake side of the home. The Planning Commission recommended denial at that meeting noting that lake views of the neighbor to the south would be negatively impacted by the proposed addition. The applicant indicated he would redesign. The applicant has submitted a revised plan, which abandons any lakeward addition. The new proposal consists of relocating the hot tub to the roof of the existing porch (which currently is a deck), an addition connecting the house and detached garage, and removal of hardcover within the 75'-250' zone. Hardcover within the 250'-500' zone is proposed to change to allow the garage to front-load, but will not increase above the existing 64.4%. Average Lakeshore Setback Variance Placing the hot tub on the roof requires an average lakeshore setback variance because the existing structure encroaches on the required setback. During the initial review, staff and the Planning Commission commented that an upward addition would not negatively impact lake views based on the photographs contained in the report. Staff finds that the placement of the hot tub on the roof has less of an impact on the neighbor's views than an upward addition, and would therefore recommend approval of that request. Staff would stipulate that the only access to that hot tub should be internally from the house to further lessen negative impacts. 75'-250' Hardcover The applicant has proposed to eliminate approximately 1,000 s.f. of non-structural hardcover within the 75' -250' zone. The removals consist of retaining walls, hot tub and associated deck, driveway and walkway with approximately 340 s.f. of new hardcover. The new hardcover will consist of the addition proposed to connect the house and garage and new driveway. With these improvements the applicant has proposed a conforming level of 25%, no longer requiring a variance. The structural coverage amount will increase slightly but remain conforming. 250'-500' Hardcover Variance #05-3089 April 18, 2005 Page 3 of3 The applicant has proposed to change the detached garage to a front load rather than a side load in an effort to help decrease the 75'-250' zone hardcover percentage. While no substantial reductions in hardcover are proposed for this zone, a variance is still required as the nature of the existing hardcover is changing. A net decrease of approximately 9 s.f. is proposed. Staff recommends approval of the hardcover variance for the 250' -500' zone based on the limited area within this zone to accommodate a garage that has existed prior to adoption of the current hardcover restrictions. Side Yard Setback Variance In proposing an addition that attaches the existing detached garage, a setback variance for the southern side lot line is required as the side setback of the existing garage is 5 .5' when 10' is normally required, and the garage is becoming part of the principal structure. Staff is recommending approval of this variance as the garage is not being rebuilt and the existing non-conforming setback was established prior to adoption of the current setback standards. Staff Recommendation Approval subject to the following: 1. At the time of building permit submittal hardcover calculation worksheets shall be submitted confirming compliance with the hardcover numbers represented with this revised request. 2. The only access to the hot tub shall be internally from the house so as to minimize negative impacts on lake views. l;,u.-\1,nitra:t fct f.ai1e-Q i\'z."1\lfi ,t 5\~l[O? ~ ~6::1 ~dWJar ~; ::":,1 ~a.) lttV dwJ I!.)( • (h.tft Nlcl~ien ,~" " \ \ \ ~ "'< c::, ,0 c::, r C( \ -i ~ v•' ~ >(-0 ' 'f-1:,t}'f' , _{\•\ {\ ,IJ\~ 0 ~r..= e;,·•O ~ . ,n.vi_ l.)indow{\1W ~ ~ ,.,J}.'-J',,\ -;;,;o ~F..x1-sM1 r, , ~ ~ i ,. -i ~ Ul C"::l 0 "i:l 0 ~ ~ ';i:::) 0 > t:::, "'"<r" ,:;;. ti,] EXHIBIT A EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs Total Hardcover Lot Area % of Hardcover 660 Sq.Ft. ~ Sq.Ft. 5984 Sq.Ft. 11.0 % 75-250 feet House 1350 Sq.Ft. Garage 505 Sq.Ft. Drive, Patio, Walk and Walls 2289 Sq.Ft. ~ctllW\e "" '\ ~-.· '<("" l5" S,tba, -~,i:,Ao 1•Ao' ~6 Total Hardcover 4144 Sq.Ft. id~ tG·hor1 )~ i !~ " "\ ,z."t,O \~ 0-,. :l'- 0-,(A '~-- \­ \\ \.,,~~, '<< \\\" MINNETON, t~\\\\ ~< \ /,' .:~ •°2>' 69 ___ ,...,---1~1 ~ ,...,,...,---<t-t-\xlo~ LEGAL 11\ui! (,oolll\ '1,dd.it"ibn NloVti tlcltol, -to uppe1 oea. ooor fordt (u"terttl) DESCRIPTION: f~fO~f-0 «~DU~ I l>{);h 1'ii -1,~o (f)(i~tirvi) • 1'lo 1 ~din1T14 ua\l • l-lo\'U.1v ◄~ · -t1rivll-to wl~ · ~Ain lr\CJ P1ue · f<:kiihi>n@ &ta.¥ · IJCcJ ~ ll'1iJe 414-4-':,f (~~f) (\&0 '?f) Citio c;r) (120 Sf) +110 ~ t1:'/.0 Sf Lot Area 12467 Sq.Ft. % of Hardcover = 33.2% 250-500 feet Drive, Walls Total Hardcover · Lot Area % of Hardcover 1600 Sq.Ft. 1600 5-9.,_Q IJo 2485 Sq.Ft. 64.4 % 'lr::.IJ -~ ( f..1V?ii~) IWO Si • O<ive -t (.et LialK-(\4-4 sr 0 • Denotes iron monument Denotes found monument Denotes existing olev. Denotes proposed elev. Denotes surface drainage '2,llc'" •61 4J i:,1 \:;B ,ot5) TRACT B, R.L.S. NO. 1470 UtfJ l-ll1lW-3144 s-r · 1.~.1."l,, SITE AOQR[$S: • 1-'t<.l t1nue + 1;':i ~f X 000.0 (000.0) DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth. MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 ? I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surv~ :f 2.::.:' Minnesota. David £. <.;rook Date: February 21, 2005 Minn. Re5}_, No. ......22±1±.... 115"ll 2967 CASCO POINT ROAD REVISED CONTOURS MARCH 14, 2005 File No. 12761 B Book--Poge 426/31 Scale 1"=30' CERTIFICATE OF SURVEY FOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY (Xoze--b¾.. <A.l'l,e u4'1o EXHIBIT B ZONING FILE: 05-3089 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 22, 2005 TO: Theodore & Deborah Rozeboom 2967 Casco Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Average Lak:eshore Setback Variance, 75'-250 & 250' -500' Zone Hardcover Variances DATE OF MEETING: March 21, 2005 Planning Commission recommended as follows: Motion and second to table the application. The applicant was directed to revise the proposal to not expand the current footprint. The applicant was also advised to make further reductions in hardcover including removal of the fence located at the southern property line and removal and/or relocation of the hot tub and associated deck 1' and 2' off the southern property line respectively. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled for: Planning Commission Monday, April 18, 2005; meeting starts at 6:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. ~th41 ~0F~kJl=i Bclo/ltnq ~. ¢D1feb3W\ ~f-~IOfL.X:t­ W'.)ffH /;?f IX VOOi fYA 11Dhl? 'leJ'~ ,. ----o· 10.1'?1 Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 .:XHIBIT A ,_?_u_lt_rn~i\t_ea_fct-</,t;J~Le-Q ________ -----------,----------------~-------- irz.,\en + 5\~ltor:, ~ ~cd \b/dtCYJ<if l~:{:.1 ~ew r\aJdwJ@r • QxA'Sf f'Jclrtion ~ 0 • X 000.0 (000.0) - Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 David £. Crook Date: February 21, 2005 Minn. Reg. No. 22414 ' o(10 6~ .. .. C::> .. e::> <:::) p C\2 ffllAd (,oolf/1 ~iti6n Mo\/~ l-loHo\, to uppe; Oed:, O'JtJf fordt (&Atered) DESCRIPTION: 1'5 •1.'6D (e<i~tln1 J • l'lO' ~((lOllVj (.JO\l • l-lo\Tul?◄~ · ~rillt>10 tlol~ • f.t,MAtn l"'J Pfue . ~(hbt1@ etOlo.&(C fJ~cJ OOIOl.(J ll'tVe 4-144 ?f ( s, ~f) (\(gO ~f) Ci~ t;f) (1~ Sf) -t-\10 ff' t'110 Sf EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover 660 Sq.Ft. ~ MC\e Lot Area 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House 1.350 Sq.Ft. Garage 505 Sq.Ft. Drive, Patio, Walk and Walls 2289 Sq.Ft. Total Hardcover 4144 Sq.Ft. \, f;f 1.eh"or1 Lot Area 12467 Sq.Ft. % of Hardcover = 33.2% 250-500 feet Drive, Walls 1600 Sq.Ft. Total Hardcover 1600 Sq.Ft. IJo - Lot Area 2485 Sq.Ft. % of Hardcover = 64.4 % 1PJ:J ~?-'1D ( f.,x'it.,t\:l°l) fut){) Sf • O<ive ~ M. l.l1tk, C \44 sr TRACT B, R.L.S. NO. 1470 IJ41 l-{0(,(J(l. 3144 $F · 1.t,.1..'t, SITE ADDRESS: · \.'ttl t'(IU<? + 1;~ ~f File No. 12761 B Book--Poge 426/31 Scde 1"=30' 1184 l ~ 2967 CASCO POINT ROAD CERTIFICATE OF SURVEY FOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY 0/fJz~¼_ ~u.-vrn,\tea fct ~~Q i\'1.'\\Cn ~ ~ed ~duYJer ~ ~:;.'.;':1 \Ja.) ~(,(/ck.ova)( -Qx.4~ ~~iori ~ Jt-lSET .t} 1W .,tai<., an:l ( .\ ove(tian 1 o.bo.ft. 4-.':>', 12'6 J l?,d'rl"\!"1 l\ul" a\ Cw'l.1 '~<. ~--75' Setbo )~ \ ~ '\.\ 11' i ' \, ~~~~? ~ ¢(fl,f.{!Jjj'lv\ ~t:;-S\Of:t.Xt-l { " l-l'.:1KH£;![?1:; VOOtflLA11Df.l? , "i.-.. \ , '1~'=1' ---(J' '-: . ~ \ -~ I[:) A /''\I I I \r,1..., I Ju t-O)(>~\ "'- LAKE . ~,,, \\J MINNETONKA "'\ , 0 • X 000.0 (000.0) - Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage \ \ ee-o X 951 .2 DEMARS-GABRIEL LAND SURVEYORS, INC. I hereby certify that this survey, pion or report was prepared by me or under my direct supervision and that I om a duly Registered Land Su~unde, the Laws of the State of M;nnesata . x:>(.~ . David £. Crook .. .. 14ov~ tloHo\1 -to uppu Oed:-olJtJr rord1 DESCRIPTION: TRACT B, R.L.S. NO. 1470 1'5 ·'/.'60 (e<i~til'ltf) .. t'lo' ~dl01Nj ~a\l -"orrut,◄~ ~riot>-to uol~ f,t;Ma,n l""t O'fue • OYEP.1-\At-l~ ~t,<J OOlal,fJ fl'1\/e IJ41 i-tt1(,(J~ Ci > t.fl (") 0 ~ 0 "--4 z ~ ?j 0 > ..... t::, ~ 414-4-?f (S,~f) (\{g.0 ~f) ciw t;f) (120 Sf) :tl'lO ff' t~OSf ~ ~ 3144 csr · 1.~.1...t, SITE ADDRESS: EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover Lot Area 660 Sq.Ft. ~ AA'\e 5984 Sq.Ft. % of Hardcover 11.0 % 75-250 feet House 1350 Sq.Ft. Garage 505 Sq.Ft. Drive, Patio, Wall,; and Walls 2289 Sq.Ft. Total Hardcover 4144 Sq.Ft. Lot Area 12467 Sq.Ft. % of Hardcover = 33.2% 250-500 feet Drive, Walls 1600 Sq .Ft. Total Hardcover 1600 Sg_.Ft. i.Jo (Ar\,€ - Lot Area 2485 Sq.Ft. % of Hardcover = 64.4 % 2967 CASCO POINT ROAD REVISED CONTOUR$ MARCH 14, 2005 File No. 12761 B Book--Page 426/31 Scale CERTIFICATE OF SURVEY FOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY 3030 Harbor Lone No. Plymouth, MN 55447 Phone :(763) 559-0908 Fax :(763) 559-0479 Date.. February 21, 2005 1 "=30' L -----------.L=:.:...;:=::;;;::::=-:;::::::·=:~::....-----!M~in~n.:....R~e~g-:....N~o~. ~Z:;;24~1~4;;;;.... __ L _ __, __ ..,__ ________________________________ _. ~td1 rY\\tred fct f,6J teQ ;\'i'\\~ ~ ~ed \tvdWJar \h •.;':l ~€(.) l-\OJdwJ~r -lnA~f.«l~ior, ~ ~odow{ rJoor @f.x( st'l °1 ror, \ \ \ "" '\ "' \ -'} ' '---""' lo '\ \ 1,t . --t... \.~ " '° ~ t-O'),:, . G ' O') LAKE . ~ MINNETONKA v, \ 0 • X 000.0 (0 00.0) - Den otes iron monument Den o tes found monument Denotes ex isting elev. Den o tes p roposed elev. Den otes surfac e drainage ,, \ '° ~ 6 ee-o X 951.2 DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lone No . Plymouth, MN 55447 Phone :(763) 559-0908 Fox :(76.3) 559-0479 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I om a duly Registered Land Su"'Suodec the Laws at the Stole of l.@nesoto. 1(:)(:. (. . David £. Crook Dote: February 21, 2005 Minn . Reg . No. 22414 , o(IO (;)e "' "' ~ .. ~ ~ ~ C\l fflud(iooll\ ~ition ~ve~o\-tu\, 10 uppyOea,~ ford\ DESCRIPTION: TRACT B, R.L.S . NO. 1470 (~f O~t:'O iZfiX!CODW.~ I MXh 1l5 ·1.~0 (e<i~tirl'JJ 4144, ?f . 1'20 1 ~c1IOI~ <.Ja\l ( ~ ~F) • l-lo\'Tol7 ◄ ~ (\(gO *) · ~riot>1t> ool~ (~ti> ';f) · ~o.tn l"'1 Pfut ( 1~ Sf) · Ackliho(l@ CtOI'~ + ,io -w ~cJ ~ fl'l\Je t 17.0 Sf IJtw H\1(,V~ 3144 5r · ·1.~.1..'f.o SIT£ ADDRESS: EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq .Ft. Total Hardcover 660 Sq .Ft. ~ Lot Area 5984 Sq.Ft. % of Hardcover 11.0 % 75-250 feet House 1350 Sq.Ft . Garage 505 Sq .Ft. Dri ve, Patio , Wolk and Walls 2289 Sq.Ft. Total Hardcover 4144 Sq.Ft. Lo t Area 12467 Sq.Ft . % of Hardcover = 33.2% 250-500 feet Drive, Walls 1600 Sq .Ft. Total Hardcover 1600 Sg.Ft. i.Jo - Lot Area 2485 Sq .Ft . % of Hardco ver = 64.4 % 2967 CASCO POINT ROAD REVISED CONTOURS MARCH 14, 2005 File No. 12761 B Book-·Page 426/31 Sc cle 1 "=-30' CERTIFICATE Or SURVEY rOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY (A.l'\'€ NEW BUSINESS MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2005 6:00 o'clock p.m. 6. #05 -3089 THEODORE AND DEBORAH ROZEBOOM, 2967 CASCO POINT ROAD, VARIANCES, 7:03 p.m. -7:21 p.m. Theodore Rozeboom, Applicant, was present. Gundlach stated the applicant is requesting an average lakeshore setback variance to permit an additional four-foot extension of both stories into the existing non-conforming average lakeshore setback. The applicant is also requesting a hardcover variance for the 75 '-25 0' zone to permit 31. 7 percent when 25 percent is normally allowed and 33.2 percent currently exists, and a hardcover variance · for the 250'-500' zone to permit 67 .5 percent when 30 percent is norn1ally allowed and 64.4 percent currently exists . Staff recommends denial of the average lakeshore setback variance based on the strict interpretation of Section 78-1279 (6), which aims to protect views to the lake. Gundlach stated Staff would minimally recommend removal of the hot tub and fence if the average lakeshore setback variance is approved. Gundlach noted the fence does exceed the six-foot height requirement and that the neighbor has expressed concerns regarding the hot tub and fence. Gundlach stated based upon a further understanding of the topography ofthis lot, it became clear that views would also be blocked for the neighbor to the south and that she would no longer reconunend going forward with Exhibit L. Rozeboom had nothing to add to Staffs report. There were no public conunents concerning this application. Ralm inquired whether the hot tub and fence are both encroaching. Gundlach stated the fence is over the property line, with the Ci1.y requiring the hot tub and deck to be located ten feet off the properly line. Gundlach indicated they are cunently located one to two feet off the property line. Rozeboom stated they have resided in this house for approximately 22 years and that he would be willing to revise their proposal. Rozeboom noted the house was originally constrncted in 1907 and that the porch was not paii of the original construction and is not intended to be used year-round. Rozeboom indicated they would like to insulate the porch to make it usable at least tlu·ee seasons of the year. Rozeboom concurred that the addition on the other side of the house would impact the views of the neighbor. Rozeboom indicated he would be willing to relocate the hot tub and reduce the height of the fence to six feet. PAGElO MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2005 6:00 o'clock p.m. (#05-3089 Theodore Rozeboom, Continued) Gaffron noted the fence line has to be located behind the 75-foot line in order to be six feet. Rozeboom conm1ented he would like to retain the fence for privacy. Rozeboom stated he attempted to nestle the hot tub in among the existing 1Tees. Rozeboom inquired how he can acconm10date the neighbors' views. Ralm suggested the applicant work with Staff and that the Planning Commission is not able to design the applicant's plans. Rozeboom stated the retaining walls could be removed, which are not depicted in the current plans and would reduce hardcover further. Rozeboom stated in his view there is a hardship due to the topography of the land and that they need to retain a h1maround on the site in the 250'-500' zone since they have a hidden driveway. Ralm suggested the applicant make whatever reductions possible in the hardcover. Rahn noted the City typically approves turnarounds with less square footage than what exists on this lot cunently. Rozeboom stated a portion of the turnaround is utilized for parking. Rahn suggested tabling the application to allow the applicant time to work with Staff. Gundlach pointed out an average lakeshore setback variance would still be required for the hot tub even if it is relocated. Rozeboom stated he felt the hot tub would not restrict the views of the neighbors but that the issue is the screening of the hot tub. Winkey inquired whether the patio or deck being proposed would be included in the revised plans. Rozeboom stated the canopy piece would be removed but that the deck is included in their plans and has been calculated in the hardcover. Rozeboom noted he felt the deck would not affect the neighbors' view of the lake. Bremer moved, Rahn seconded, to table Application #05-3089, 2967 Casco Point Road, to allow the applicants time to redesign their plans. VOTE: Ayes 6, Nays 0. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2005 6:00 o'clock p.m. 7. #05-3092 MATTHEW HOFFMAN, ON BEHALF OF CAMELOT CONSTRUCTION, INC., 1225 DICKENSON STREET, VARIANCES, 7:22 p.m. -7:30 p.m. Matthew Hoffman, Applicant, was present. Curtis stated the applicant is requesting lot width, lot area, and a side stTeet setback variance in order to rebuild a new single-family residence on a property 135 feet side and .60 acre where 200 feet of width and two acres are required. The applicant is requesting the side street setback variance to construct the proposed home 35 feet from the side street where a 50-foot setback is required. Staff reconm1ends approval of the lot width and lot area variance for a home rebuild on this property. Additionally, if the Pla1ming Commission finds the 50-foot side street setback requirement to be a hardship for this property, a side street setback variance would be appropriate. Curtis noted the proposed driveway curb cut is wider than 20 feet, which would have to be reduced to 20 feet or less. Hoffman indicated the landscape plan has been revised and that the curb cut for the driveway has been reduced. Hoffman inquired whether he could have a 30-foot setback rather than 35 feet from the street. Rahn inquired why the applicant is requesting the additional five feet. Hoffman indicated there are steep slopes in that area. Hoffman noted the existing residence is located seven or eight feet from Keene A venue. There were no public conunents regarding this application. Ralm conunented he does not have a problem with this application with the 30-foot setback. Bremer inquired whether the footprint would remain the same. Hoffman indicated he is considering adding five feet to the house. Ralm stated he would be opposed to adding to the existing footprint. Ralm stated the Plaiming Conunission has to deal with what is being proposed tonight and that the applicant could table his application if he would like to redesign his plans. Hoffman stated he would like to keep his cunent plan and that he is proposing the house be shifted five feet to the west, which will help the water drainage to the east. Hoffman noted he would also be acquiring the properly to the east for a tear down and rebuild. Ralm stated he would be in favor of the 30-foot setback. Jurgens noted he did not receive a portion of the applicant's hardship statement in his packet. Jurgens asked the applicant to explain what he feels is the hardship for this lot. PAGE 12 MEMORANDUM Date: To: From: RE: March 21, 2005 Planning Commission Janice Gundlach, City Planner Agenda Item # 6 -05-3089, Theodore & Deborah Rozeboom, 2967 Casco Point Road Attached is a letter and photographs from the adjacent neighbor to the south. They are expressing concern over the hot tub, deck and fence located at the southerly property boundary, which staff is recmmnending removal or relocation of. Also, in discussing the applicant's proposal with the Stewarts, it became apparent that they are also concerned about an addition which may further obstruct their views to the lake. During my site inspection I neglected to walk over to the hot tub area, but was only concerned about whether the hot tub and deck met setback, and also the height of the fence. Had I walked over to this side of the lot my alternate addition location found in Exhibit L of the memo would not exist. It is clear that any lakeward addition of this home will negatively impact not only the neighbor to the north but also the neighbor to the south. Therefore, I would propose to eliminate Exhibit L of the Planning Report and recommend a 2nd story addition above the existing porch as an alternate proposal. I believe this would not further restrict existing views to the lake. I apologize for the overlook and am prepared to answer any questions you may have. STEWART R. PERRY SHAWN M. PERRY SHANE C. PERRY HAND DELIVERED PERRY, PERRY & PERRY ATTORNEYS AT LAW SUITE 270, PARKDALE I 540 I GAMBLE DRIVE MINNEAPOLIS, MINNESOTA 554 I 6 TELEPHONE: (952) 546-3555 FACSIMILE: (952) 546-3855 E-MAIL: stewatiperry@perrypen-yperrycom March 21, 2005 Planning and Zoning Commission City of Orono 2750 Kelly Parkway Orono, MN 55323 Dear Commission Members: LEGAL ASSIST ANT: JEROME L. JAYNES At 6:00 p.m. today there is a meeting on a variance requested by Ted and Debbi Rozeboom, our next door neighbors at 2967 Casco Point Road. We live at 2975 Casco Point Road. I have owned my home since 1968. The reason I am delivering this letter is because I have a scheduled medical procedure commencing at 2:45 this afternoon. I do not know when I will be home or what state of clarity I will be in, but because your meeting commences at 6:00 p.m., and because of medications I will be receiving in connection with the procedure, I am not allowed to even drive afterwards, I thought it best to deliver this letter this morning. I wish to explain why this is just being delivered today. During the week, I spoke with my neighbor, Ted Rozeboom. He assured me that if I was unhappy with just the removal of the framing around the hot-tub (the hot-tub is the core of our controversy) he would move the whole hot-tub. Yesterday he changed his mind. He would only commit to removing the framing which blocks the view of the lake from the bedrooms on our north side of the house, but would not commit to removing the hot-tub unless ordered by the Commission to do so. This letter is submitted to object to the present location of the hot-tub or any work that would result in our obstruction of the lake view. Here is the history: before the hot-tub was put in, my wife enjoyed being in the large bedroom where her elderly parents have stayed with us every year for the past 17 years during the summer. They live in Florida and visit us from 1 to 2 months a summer, using that bedroom. My wife would sit in the rocking chair, or lie on the bed, in a room we made over just for them, talking to her mother for hours on end, looking out on the lake. That was their private time together. They are very close. After the hot-tub was put in, she told me how she had been depressed, to the point of crying on occasion because of the obstruction of the lake view. About two years ago the hot-tub was put in. It is right on the boundary line between the houses, which are close to each other. The hot-tub is 8'9" from our house. The wall around the hot-tub is even closer, 6'2" from our house. (See photos attached) The hot-tub framing. which almost entirely blocks the view to the lake, encroaches onto our property. (See photos showing boundary stakes) If left unchanged, this may constitute a cloud upon our title, I have been told. March 21, 2005 Page 2 I just found out about the encroaclm1ent when the stakes ordered for a survey by Mr. Rozeboom for this hearing were placed. We are enclosing relevant photos taken just this morning, with a description for each as an addendum to this letter. What is equally disruptive to the enjoyment of our property is the late-night/wee-hours extremely loud music from the hot-tub. We have no air conditioning. The in-laws sleep with an open window. Their sleep has been seriously disrupted. My wife and I sleep upstairs on the opposite side of the house. The music has been so loud on occasion, and I again am talking about late hours, that even if we are in the closed den watching television, the music from the hot-tub interferes, to say nothing of its loudness into our bedroom when we try to sleep with open doors. I just recently for the first time told Mr. Rozeboom about this. He asked why we did not tell him before. We were trying to be good neighbors. But now, because we are afraid we once again are going to be even more interfered with in our view of the lake. For that reason, and because of the broken commitment that Mr. Rozeboom would move the location of the hot-tub if we insisted, we are making this formal complaint to his petition for a variance. Therefore, I am delivering this letter to object: 1) to the continued presence of the hot-tub in its present location, or any location that interferes with our view of the lake. 2) to any encroachment onto our land by the framing around the hot-tub. 3) to the location and height of the hot-tub, in violation of setback ordinances. 4) to Mr. Rozeboom's rather vague description (to me) of what he is trying to do accomplish with a variance. His description may not be that vague. I just have trouble visualizing what he was trying to describe. He told me he does not want to build out towards the lake, but just to change windows so he can have a year-round room. We have no objection to that, unless, once again, these new plans in any way interfere with our view of the lake. I would be glad to answer any questions. Son-y I cannot be there today. I would much rather be at the council meeting that to undergo the procedure I will be undergoing. Very truly}o-tirs, ,.,.r•'• . .f' . . i].::::Z:.----r s'te~mi'R. Perr/ SRP/py cc: Ted and Debbi Rozeboom, with enclosures Enc. Photos (See addendum for explanations) Legend of Photos Perry House 2975 Casco Point Road Re: Ted and Debbi Rozeboom variance request 2967 Casco Point Road No. 1 Our house on left and hot-tub between houses, vievvedrom street. Surveyor's stake of property line can be seen to right of hot-tub. No. 2 Closer view of houses, hot-tub, surveyor's stake (by Maple tree). No. 3 View from street to lake. Stewart is standing at lakeside stake. (Clothes line shows property line.) No. 4 View from lakeside stake to street side stake (Stewart can barely be seen standing in the opening between the wall and the hot-tub.) No. 5 Stewaii standing by hot-tub wall. Wall post measures 9 feet high. Our house to post is 6'2". (Hot-tub wall is about 6" over the property line, as surveyed, and constitutes a cloud on the Perry title.) No. 6 View of bedroom windows from lakeside hot-tub post. (Middle bedroom on right. Far bedroom window has screen removed.) No. 7 View of lake from far bedroom window No. 8 View of lake from middle bedroom far window. No. 9 View oflake from middle bedroom window, closest to lake. No. 10 View oflake from outside of house at bedroom, view angles to lake. No. 11 View of bedroom widows from lakeside of the hot-tub. No. 12 View from same location as No. 11, only turned to face the lake. This is the view that the hot-tub blocks. STEWARTR. PERRY SHAWN M. PERRY SHANE C. PERRY HAND DELIVERED PERRY, PERRY & PERRY ATTORNEYS AT LAW SUITE 270, PARKDALE 1 5401 GAMBLE DRIVE MINNEAPOLIS, MINNESOTA 554] 6 TELEPHONE: (952) 546-3555 FACSIMILE: (952) 546-3855 E-MAIL: stewartperry@perryperryperrycom March 21, 2005 Planning and Zoning Commission City of Orono 2750 Kelly Parkway Orono, MN 55323 Dear Commission Members: LEGAL ASSIST ANT: JEROME L. JAYNES At 6:00 p.m. today there is a meeting on a variance requested by Ted and Debbi Rozeboom, our next door neighbors at 2967 Casco Point Road. We live at 2975 Casco Point Road. I have owned my home since 1968. The reason I am delivering this letter is because I have a scheduled medical procedure commencing at 2:45 this afternoon. I do not know when I will be home or what state of clarity I will be in, but because your meeting commences at 6:00 p.m., and because of medications I will be receiving in connection with the procedure, I am not allowed to even drive afterwards, I thought it best to deliver this letter this morning. I wish to explain why this is just being delivered today. During the week, I spoke with my neighbor, Ted Rozeboom. He assured me that ifl was unhappy with just the removal of the framing around the hot-tub (the hot-tub is the core of our controversy) he would move the whole hot-tub. Yesterday he changed his mind. He would only commit to removing the framing which blocks the view of the lake from the bedrooms on our north side of the house, but would not commit to removing the hot-tub unless ordered by the Commission to do so. This letter is submitted to object to the present location of the hot-tub or any work that would result in our obstruction of the lake view. Here is the history: before the hot-tub was put in, my wife enjoyed being in the large bedroom where her elderly parents have stayed with us every year for the past 17 years during the summer. They live in Florida and visit us from 1 to 2 months a summer, using that bedroom. My wife would sit in the rocking chair, or lie on the bed, in a room we made over just for them, talking to her mother for hours on end, looking out on the lake. That was their private time together. They are very close. After the hot-tub was put in, she told me how she had been depressed, to the point of crying on occasion because of the obstruction of the lake view. About two years ago the hot-tub was put in. It is right on the boundary line between the houses, which are close to each other. The hot-tub is 8'9" from our house. The wall around the hot-tub is even closer, 6'2" from our house. (See photos attached) The hot-tub framing, which almost entirely blocks the view to the lake, encroaches onto our property. (See photos showing boundary stakes) Ifleft unchanged, this may constitute a cloud upon our title, I have been told. f .. March 21, 2005 Page 2 I j ust found out about the encroachment when the stakes ordered for a survey by Mr. Rozeboom for this hearing were placed . We are enclosing relevant photos taken just this morning, with a description for each as an addendum to this letter. What is equall y disruptive to the enjoyment of our property is the late-night/wee -hours extremely loud music from the hot -tub . We have no air conditioning. The in-laws sleep with an open window. Their sleep has been seriously disrupted. My wife and I sleep upstairs on the opposite side of the house. The music has been so loud on occasion , and I again am talking about late hours , that even if we are in the closed den watching television , the music from the hot-tub interferes , to say nothing of its loudness into our bedroom when we try to sleep with open doors. I just recently for the first time told Mr. Rozeboom about this. He asked why we did not tell him before. We were trying to be good neighbors. But now, because we are afraid we once again are going to be even more interfered with in our view of the lake. For that reason , and because of the broken commitment that Mr. Rozeboom would move the location of the hot -tub if we insisted , we are making this formal complaint to his petition for a variance. Therefore, I am delivering this letter to object: 1) to the continued presence of the hot-tub in its present location , or any location that interferes with our view of the lake . 2) to any encroachment onto our land by the framing around the hot-tub. 3) to the location and height of the hot-tub, in violation of setback ordinances. 4) to Mr. Rozeboom's rather vague description (to me) of what he is trying to do accomplish with a variance . His description may not be that vague . I just have trouble visualizing what he was trying to describe. He told me he does not want to build out towards the lake, but just to change windows so he can have a year -round room. We have no objection to that, unless, once again, these new plans in any way interfere with our view of the lake. I would be glad to answer any questions. Sorry I cannot be there toda y. I would much rather be at the council meeting that to undergo the procedure I will be undergoing. SRP /py cc: Ted and Debbi Rozeboom , with enclosures Enc. Photos (See addendum for explanations) 7 Legend of Photos Perry House 2975 Casco Point Road Re: Ted and Debbi Rozeboom variance request 2967 Casco Point Road No. 1 Our house on left and hot-tub between houses, viewedrom street. Surveyor's stake of property line can be seen to right of hot-tub. No. 2 Closer view of houses, hot-tub, surveyor's stake (by Maple tree). No. 3 View from street to lake. Stewart is standing at lakeside stake. (Clothes line shows property line.) No. 4 View from lakeside stake to street side stake (Stewart can barely be seen standing in the opening between the wall and the hot-tub.) No. 5 Stewart standing by hot-tub wall. Wall post measures 9 feet high. Our house to post is 6'2". (Hot-tub wall is about 6" over the property line, as surveyed, and constitutes a cloud on the Perry title.) No. 6 View of bedroom windows from lakeside hot-tub post. (Middle bedroom on right. Far bedroom window has screen removed.) No. 7 View of lake from far bedroom window No. 8 View of lake from middle bedroom far window. No. 9 View of lake from middle bedroom window, closest to lake. No. 10 View oflake from outside of house at bedroom, view angles to lake. No. 11 View of bedroom widows from lakeside of the hot-tub. No. 12 View from same location as No. 11, only turned to face the lake. This is the view that the hot-tub blocks. "' "' \ \ \ "" \ ;ti \ \( \~ '\ MINNETON / ,)" ~ ~ T"RACT ,°''-(~-75' S<'Jtba \ Revised: J-16-05 Proposed Hardcover Breakdown , \, Revised: 3-14-05 Proposed Hardcover DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(76J) 559-0908 Fox :(76J) 559-0479 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Su~rs; QC ol,th~ M;nnesoto. David £. Crook Dote: February 21. 2005 Minn. Re9.... No. -22:llL ,, t '<l c::, _c::, t ----'--CJ > Vl CJ 0 ,,§) oo ,--too io• \ ~ ~I;) ""O 0 -'Z File No. 12761 B Book-Poge 426/31 Scale 1"=30' ,,o>s'° ,.pir~~ ~ tel o Denotes iron monument • Denotes found monument x 000.0 Denotes existing elev. (000.0) Denotes proposed elev. Denotes surface drainage SIT[ ADDRESS: 2967 CASCO POINT ROAD LEGAL DESCRIPTION: TRACT B, R.L.S. NO. 1470 CERT/FICA T[ OF SURVEY FOR: ~ ';cl 0 > t:::, PROPOSED HARDCOVER 0-75 feet Walls, Patio Deck Total Hardcover Lot Area % of Hardcover J04 Sq.Ft. J56 Sq.Ft. 660 Sq.Ft. 59B4 Sq.Ft. 11.0 %" 75-250 feet House 1472 Sq.Ft. Garage 505 Sq.Ft. Patio, Walk 1J26 Sq.Ft. Drive 47B Sq.Ft. Hot Tub, Deck 105 Sq.Ft. Wo/1s 69 Sq.Ft. Total Hardcover J955 Sq.Ft. Lot Areo 12467 Sq.Ft. % of Hardcover = J1.n, 250-500 feet Drive, Walls 1678 Sq.Ft. -- Total Hardcover 1678 Sq.Ft. Lot Area 2485 Sq.Ft. ,: of Hardcover = 67.5 %" THE DANBERRY COMPANY-MR. JEFF DANBERRY \ \ \ ~ \ <9 )~ ;1;1 I~ LAKE MINNETONKA/ \ Revised: 3-16-05 Proposed Hardcover Breakdown , \, Revised: 3-14-05 Proposed Hardcover DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land SuNi unde~ the Law, of the Stote of M;nnesoto. A QC .t-- David E. Crook Date: February 21, 2005 Minn. Reg. No. 22414 File No. 12761 B Book-Page 426/31 Sccle 1 "==30' .. .. ,, -i ,oO 00°~!.£>~ ~ u / I. r\ 0 • c·Jse X 000.0 (000.0) - 9 Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage SITE ADDRESS: 2967 CASCO POINT ROAD LEGAL DESCRIPTION: TRACT B, R.L.S. NO. 1470 CERTIFICATE OF SURVEY FOR: PROPOSED HARDCOVER 0-75 feet Walls, Patio Deck Total Hardcover Lot Area % of Hardcover = 304 Sq.Ft. 356 Sq.Ft. 660 Sq.Ft. 5984 Sq.Ft. 11.0 % 75-250 feet House 1472 Sq.Ft. Garage 505 Sq.Ft. Patio, Walk 1326 Sq.Ft. Drive 478 Sq.Ft. Hot Tub, Deck 105 Sq.Ft. Walls 69 Sq.Ft. Total Hardcover 3955 Sq.Ft. Lot Area 12467 Sq.Ft. % of Hardcover = 31.7% 250-500 feet Drive, Walls Total Hardcover Lot Area 1678 Sq.Ft. 1678 Sq.Ft. 2485 Sq.Ft. % of Hardcover = 67.5 % THE DANBERRY COMPANY-MR. JEFF DANBERRY Date Application Received: 2-14-05 Date Application Considered as Complete: 3-14-05 60-Day Review Period Expires: 5-14-05 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner~ March 17, 2005 #05-3089 March 21, 2005 Page 1 of5 Subject: 05-3089, Theodore & Deborah Rozeboom, 2967 Casco Point Road -Hardcover Variances, Average Lakeshore Setback Variance -Public Hearing Zoning District: LR -1 C, One Family Lakeshore Residential District (½ acre min.) 0.48 acres (20,936 s.f.) Lot Area: Lot Width: 82'@ shoreline; 76'@ 75' setback Application Summary: Applicant requests the following variances in order to construct a 4' x 30' addition to the lake side of the home: 1. Hardcover variance for the 75'-250' zone to permit 31.7% when 25% is normally allowed and 33.2% currently exists. 2. Hardcover variance for the 250'-500' zone to permit 67.5% when 30% is normally allowed and 64.4% currently exists. 3. Average lakeshore setback variance to permit an additional 4', consisting of two stories, to encroach into the existing non-conforming average lakeshore setback. Staff Recommendation: Staff recommends denial of the average lakeshore setback variance based on the strict interpretation of Section 78-1279 (6) which aims to protect views to the lake. The Planning Commission should determine if the location of the home to the north creates a hardship to the applicant whereby further encroachment should be permitted. Staff maintains that no additional encroachment should be permitted based on a previous application (specifically 2941 Casco Point Road attached as Exhibit K). Staff would entertain hardcover variance requests if revisions are made where no further encroachment of the average lakeshore setback is proposed. This could include the proposed 4' or wider expansion on the lake side on the home, however only the southern half or 20' as shown on Exhibit L so as not to obstruct lake views of the northern or southern neighbor. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. #05-3089 March 21, 2005 Page 2 of 5 (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992) Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992) List of Exhibits Exhibit A -Applications Exhibit B Hardship Documentation Form Exhibit C Existing Survey Exhibit D -Proposed Survey Exhibit E -Hardcover Calculation Worksheets Exhibit F -Proposed Elevations Exhibit G -Proposed Floor Plans Exhibit H Aerial Photograph Showing Average Lakeshore Setback Exhibit I -Survey of Average Lakeshore Setback Exhibit J -Photographs Exhibit K-Resolution #4975 (2 lots to the north of applicants-2941 Casco PT RD) Exhibit L Alternate Addition Not Further Obstructing Lake Views Exhibit M -Property Owners List Exhibit N -Plat Map Background The applicant and the applicant's builder have met with staff to discuss the variances that would be required in order to construct a 4' addition on the lake side of the home. At that meeting it was determined that the small home located at the street on the north side of the applicant's lot would be used in determining the average lakeshore setback, based on how the home two lots to the north was reviewed. Staff and the applicant also concluded that hardcover variances would be required for the 75'-250' and 250'-500' zones. The 0-75' zone is over the allowable 0%, however no improvements are proposed within 75' of the lake and a variance is therefore not required. None the less, hardcover within 7 5' of the lake contributes to the overall non-conforming hardcover nature of the lot and could be used in reviewing this proposal. LOT ANALYSIS WORSHEET Lot Area/Width LR-lC Lot Area Lot Width #05-3089 March 21, 2005 Page 3 of 5 Required 21,780 s.f. (0.50 acres) 100' Actual 20,936 s.f. (0.48 acres) 86' @ shoreline; 76' @ 75' setback Setbacks LR lC Required Existing Proposed Front NIA NIA NIA Rear (street) 30' 69' house NO CHANGE 35' garage 9.8' house 8.4' bay window 12' proposed patio Left Side (south) 10' 2' deck (no changes to other .5' hot tub setbacks noted) 5' detached garage 0' retaining walls Right Side (north) 10' 28.8' house 29' addition 27' cantilever Lakeshore 75' 163' 159' Average Lakeshore See Exhibits H, I See Exhibits H, I 4' further encroachment St t 1 C rue ura overage Total Lot Area Total Structural Coverage 20,936 s.f. (0.78 acres) Allowed: 3,140 s.f. (15%) Proposed: 2,112 s.f. (10%) Hardcover Calculations Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0 75 5,984 s.f. 0 s.f 660 s.f.* NO CHANGE (0%) (11%) 75 250 12,467 s.f. 3,117 s.f. 4,144 s.f.* 3,955 s.f. (25%) (33.2%) (31.7%) 250-500 2,485 s.f. 746 s.f. 1,600 s.f.* 1,678 s.f. (30%) (64.4%) (67.5%) * After exclusion of fabric or plastic-lined landscape beds 75'-250' Zone Hardcover Variance #05-3089 March 21, 2005 Page 4 of 5 The applicant is proposing a 4' x 30' addition on the lake side of the home. The current hardcover level in the 75'-250' zone is 33.2% when 25% is normally allowed. The proposed hardcover calculations indicate that 78 s.f. will be shifted to the 250' -500' zone decreasing the 75'-250' hardcover percentage to 31.7% requiring a variance. A net decrease of 111 s.f. is proposed in total. 250'-500' Zone Hardcover Variance In conjunction with the proposed addition the applicant will be changing existing non­ structural hardcover. For example, the detached garage will be front loading with a turn­ around apron and the walk to the house will be narrowed and re-configured. In doing this, the hardcover percentage for the 250'-500' zone increases from 64.4% to 67.5% requmng a vanance. Average Lakeshore Setback Variance In 1978 the City approved a subdivision application which allowed the creation of the lot to the north of the applicants. This lot and the applicants used to be one whereby the two houses existed on the same lot. In formally subdividing these properties, a situation now exists where the home to the north is much farther away from the lake than the adjacent residences. While the average lakeshore setback requirement occurred after the subdivision application and construction of both homes, all new construction must meet the current standards. As shown in Exhibit H-I, the addition is proposed in front of the average lakeshore, requiring a variance. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keepinf.l with the spirit and intent of the Orono Zoninf.l Code. Staff finds that no further encroachment of the average lakeshore setback should be permitted. Staff recognizes that the house to the north causing the strict setback creates a hardship to the applicant, however more than half of the existing home is encroaching and would be permitted to encroach in the same manner as the house existing before the strict average lakeshore setback. Further, the property two to the north, 2941 Casco Point Road, requested an average lakeshore setback variance in 2003 in order to construct an addition to the home but was #05-3089 March 21, 2005 Page 5 of 5 denied and directed to revise the plans to not further obstruct views for the neighbor to the south. Staff finds that based on the strict enforcement of the code and consistency, the applicant's proposal should be treated the same way and not be permitted further encroachment. Staff also finds that enforcing the code would not create undue hardship for the applicant because a lake side addition could still be achieved without obstructing views for either neighbor. As shown on Exhibit L, a lakeward addition to the southerly 30' of the footprint could be achieved without obstructing views and meeting all setback requirements. Should the applicant decide this alternative could meet his needs, a redesign should be submitted at which point the hardcover variances could be discussed. Under this scenario the applicant should not be permitted any additional hardcover. The current proposal shows a shifting of hardcover from the 75'-250' zone to the 250'-500' zone with a total net decrease of 111 s.f. The Planning Commission should determine, under a redesign, if these removals are adequate or if further reductions should be attempted. Staff would, at a minimum, require that the non-conforming deck, hot tub, and fence along the southern property line be removed as the deck and hot tub are in an illegal location and the fence more than likely exceeds the 6' height limitation. Issues for Consideration 1. Should the applicant be permitted to encroach further on the average lakeshore setback? 2. Are existing views by adjacent neighbors impacted? 3. Would an alternative addition location and/or size achieve the same square footage desired without impacting views of either neighbor? 4. Should the applicant attempt to further reduce hardcover with either the proposed addition location or an alternative addition location? 5. Would it be reasonable to look for hardcover removals within 75' of the lake in order for the property as a whole to become more conforming in total hardcover? 6. Are there any other issues or concerns with this application? Staff Recommendation Denial of the request as submitted. The applicant should be directed to redesign the addition to not further obstruct lake views the neighbor to the north currently enjoys. City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# 05-3 o N Date Received: d? -r c.f-as-- Amount Paid: (pOO -o-i.:,::i Staff: :::,,I ""-((\,~OZ- Fee: $600 --------Renew a I: $300 ----:-.,......,,.-:---::---- A ft er -the-fact: $1,200 Double Fee This application form must be completed in full. Ap1=·icant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: . \ A...!. SiteAddress: ~1 («£0'(Joiot"~, W~Z(Alt\,Hl.l ~°ll Property Identification Number (PIN): _____________________ _ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): 0/e.b □ Yes, I own the adjacent parcels. Present use of property: C!f Residential □ Other -----------------Zoning District: OWNER INFORMATION: (Complete legal names a:;d marital status required for each interested party) Name: '2:a,JY'e Phone (home): ___________ Phone (work): Address: Email: __________________ Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $1-00 000 · · · · · · ecessa · . REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless fits potential merit. Applicant's Signature: Applicant's Signature: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Owner's Signature: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: For Office Use Only: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 City Planner: 1 )MJ I&£ Meeting Date/Time: _ _.;.J._,fui--'-W"'--1-'J 0'-"5""------=~"'-:=-Zi]"'-'p'-'-N-'--- PC Date: MA12,J.,Jt NtE11 ,JfJ Main: 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 2..9lo7 {aM_,fJ frr /2f) Property Identification Number (PIN): W-11]-1.-3#31-0DtoY Zoning District: lfl-I l,, Size of Property: 1.-1 15 ~~ 5 ,f, DESCRIPTION OF REQUEST: ~ Average Setback D Side Yard Setback D Rear Yard Setback □ Front Yard Setback _pl Hardcover D Lot Coverage D Lot Area □ Other: □ Lot Width A~~lican~ HARDSHIP: Applicant has received the Hardship Documentation Form, ln1t1als: /f6l{.-understands it as it has been explained to them, and is aware that it must -~~-- be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will completed by City staff. Applicant Signature: HARDSHIP DOCUMENTATION FORM EXHIBIT B Page 1 of 3 This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. 2. 3. 4. "The property in question cannot be put to a reasonable use if used under conditisms allowed by the official controls." NIA • "The plight of the landowner is due to circumstances unique to his property not created by 1,1:le lanqowne~.•~ \, . , • ~if~~ l~ ~-1 ~~~ ~ ~~~=~ . ' t=&!&. "The variance, if granted, will not alter the essential character of the locality." ::1Ct1€. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ::ylii~· b!/.6 Page 2 of3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." M/A 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where t~~affected person's land is located." ~Lb 7. "The Board or Council may permit as a variance the temporary use of a one-familJ.dwelling as a two-family dwelling." bl. :b 8. "The special conditions applying to the structure or land in question are peculiar to such property or im ediately adjoining property." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." bi/A. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial P.roperty r" ht of the app ic nt." \ .., 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code" ]rue. 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." 11ue Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): .9,1" 0 \~ \' 11) \\ \ t 'Z--\ \ ' ' "' ~ ~ \ -t-~<:, \ . 0' ~~ X 950.2 "'(--75' Setba \ \ . \ LAKE ~~ MINNETONKA \~ 0 • X 000.0 (000.0) - Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage \~\ Bf>.O X 951.2 DEMARS-GABRIEL I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 Su,ve~ :f G, State of Minnesota. David E. Crook Date: February 21. 2005 Minn. Reg. No. 22414 LEGAi DESCRIPTION: TRACT B, R. L. S. NO. 1470 'Ji ,, i 60' ,~i\ o/%1 CJ1 SITE ADDRESS: EXHIBIT C EXISTING HARDCOVER 0-75 feet Wolfs, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover 660 Sq.Ft. Lot Area 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House Garage Drive, Patio, Walk and Walls Total Hardcover Lot Area % of Hardcover = 1350 Sq.Ft. 505 Sq.Ft. 2289 Sq.Ft. 4144 Sq.Ft. 12467 Sq.Ft. 33.2% 250-500 feet Drive, Waifs Total Hardcover Lot Area % of Hardcover = 1600 Sq.Ft. 1600 Sq.Ft. 2485 Sq.Ft. 64.4 % 2967 CASCO POINT ROAD REVISED CONTOURS MARCH 14, 2005 File No. 12761 B Book-Page 426/31 Scale 1"=30' CERTIFICATE OF SURVEY FOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY \ \ \ ~ \ cl) ) t. \ 'b ½ 0 \' h ( ( \ '\ "-..: ~ \ LAKE ' MINNETONKA Revised: 3-14-.05 Proposed Hardcover TRACT \~\ DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Sun: the Laws af the State af Wnnesata. QC tr -' NiU1 David £. Crook Date: February 21. 2005 Minn. Reg. No. 22414 File N'J. 12761 B Book-Page 426/.31 Scale 1"=30' ,, i '!>' 00 ~ oooiA,o'!> y1c-'se I. 9 seo ~(O~o e'lio'i of.~ . ?~.9 '/-9 (;)i ,, i 0i>·:f 0~ :'l°~ :\ ~ .0 ~ 0 • X 000.0 (000.0) - Denotes iron monument Denotes found moriument Denotes existing eiev. Denotes proposed elev. Denotes surface drainage SITE ADDRESS: 2967 CASCO POINT ROAD LEGAL DESCRIPTION:· TRACT B, R.L.S. NO. 1470 CERTIFICATE OF SURVEY FOR: EXHIBITD HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover 660 Sq.Ft. Lot Area 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House Garage Drive, Patio, Wolk and Walls Total Hardcover Lot Area 1472 Sq.Ft. 505 Sq.Ft. 7978 Sq.Ft. 3955 Sq.Ft. 12467 Sq.Ft. % of Hardcover = 31.7% 250-500 feet Drive, Walls 1678 Sq.Ft. Total Hardcover 1678 Sq.Ft. Lot Area 2485 Sq.Ft. % of Hardcover = 67.5 % THE DANBERRY COMPANY-MR. JEFF DANBERRY 03/16/05 16:05 DEMARS-GABRIEL ➔ +9522494616 ~ i lJ. .... dDCOVER CALC • 'CS ~ SETBACK ZONE: (CIRCLE ONE) 0-75 1 ~ ~ /.r. EXISTINQ HARDCOVER IN ZONE A. House _____ x B. Garage C. Drivewtry D. Sidewalk E, Pario!Deck F. Landscape Underlain By Plastic Or Fabric ' G, Other Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE Widrh A _____ + B _____ xlOO PROPOSED HARDCOVER TN ZONi. · A, }louse _____ x Length Width B, Garage C. Driveway Wdlu:. E. Patio!fnf!lt F. Landscape Underlain By .Plastic Or Fabric G. liJ+h1!r-WA\U ____ _ X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE • TaTAL PROPERTY AREA IN 7.0NE - A ?A'G -.-n L:Z.4~'.'.1 '),I x 100 250-500' ... = ... ... "" = ""' [;102 EXHIBITE 500-1000' _____ S.F . _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. ________ s.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F, _____ S.F, · A ... "" = ;:; ... ""' ;::;; _____ S.F. ______ % l41~ _____ S.F. _____ S.F. _____ S.F. _____ S.F. Sos s.F. 41f} S.F. _____ S.F. \OS S.F. _____ S.F. \:,'2.b S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. (p,4' S.F. :,Cf 5f, S.F, A ii. 4: pJ u. f. 1,, .-r % ., B 11 No. '61 S -PagB /J7' .. .. 16:06 DEMARS-GABRIEL ➔ +9522494616 &>,.. ~~ ~ PROPOSED HARDCOVER 0 • X 000,0 (000.0) - .. .. Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev, Denotes surfuce drainage SITE ADDRESS: 2967 CASCO POINT ROAD L[GAL DESCRIPTION: TRACT 8 1 R.L.S. NO. 1470 CERTIFICATE OF SURVEY FOR: 0-75 fflSt Walls, Patio J04 Sq.fl. Deel< J56 Sq.Ft. Total Hardcover Lot Artta " of Hardcover = 660 Sq.rt. 5984 Sq.F"t. 11.0 % House Goroge Patio, Wolk Drive 75-250 feet 1472 .505 7J28 Sq.Ft. Sq.Ft. Sq.Ft. Sq.Ft. Sq.rt. Sq.fl. Hot Tub, Deel< Walls Total Hardcovor Lot Areo X of Hardcover 478 10.5 69 J955 Sq.Fl. 12467 Sq.Ft. ;:; J 1.7:C 250-500 feet Drive, Walls 1878 Sq.Ft. Tata/ Hardcover 1678 Sq.rt. Lot Area 2485 Sq.Ft. % of J-lardcover · ... 67.5 % THE DANBERRY COMPANY-MR. JEFF DANBERRY EXHIBITF ' ' -., 'I• '' V ' ' ,,, ~ / J ' -,, r-~ .: -- ~~ ,,.. ' ' ,~--- r= § ~ • +==i==-::::::J",#• I - ::::: ::. ,...;_,->-. ~- ~!';" ' ' I ■ ' ' .. R:~~"",.-==~ ' I , .... ' ', ----,f \ •• ,_ ; ... ------ I-- ;,, ; ---~ '= ---,.... ~ ~ I -i,- :::: : ::: --f--.. -' -,_ C: -j; ,,, ·, 1·, ''''''''' ; ; I ..... ---; --.__ ,., ,. '' ---' .. ' ,'!'! ; .; s::;, i l . ' . ; ; ' . ' i : ' I ' _1 I ~ : Nill -' ' •. ; \/ I i ; ; I ' '' ,: i . . ' • : \1 I i' . ,, <I ii iii! ' \I !1 ---,---. \I I\ -rL i'\ ,, I '; I ,, ' I Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 ./ ,i , 'I l Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 R·M·A --···♦ •·---. •·•·•··. ·•····· --- 11· Ll1te ~~~~,~ .. --- 1/~" ~ i· -~· Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 f<OZeflmM ~lO~f:: . fl~l?f ll3./~ A '-J : t/ 4" = \1 -----------d' ?, --~~~-~:\.~~~ -~--... --·, • • • • I I Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 ~(2(WW 1q~~ a,. C l~fQ too10 1; GUBtf 14-lb W 1 ~1)1 htt"· f,. ~Ctf 40l0t7H #"~I °1t. Wee'NOObt'\ ~-·· dlJll1t11t\il {o ~ tllt~IM Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 ~E&ntt1 ~oi:u::e l,1~11 LBJe:L-A ~ 't/( ~ {' ...:----<!S R·M·A ttattl\gl~! 1-Z12fZ4114-J?H CtfC2 .Wi0 ..... . Rozeboom Miller Architects, Inc. • 244 First Avenue North • Minneapolis, MN 55401 • Tel: (612) 332-2110 Fax: (612) 664-8152 i/1 !Ii' I~ \" ' LAKE ~ 7.-. "° ~. <.:l' ~­ <.P <.P. AV~P..P-kft- ~ . . 1, ~ X 952.2 TF/AC'T ~--75 ' Setback \y ss.O .. ,,.. • 951.2 , •I ... LAl<-ESHoPE r.::i C _c <::::, Pt.:> t\!~ co tci Ct:) .... SEf&ACAC,. 1, --­'- ,, 1, {' 'ciCl ciCl ' -._, \ '-'-~ • ciCl 1,Cl • \ ~ (;)'o ,1,:,11,;i o oi ,, i lj ·,.,,1;,i\c / •/ti' 61 951.0 ~ C""l > Ul C""l C ',::\ C ~ ';o C > ';;_ I t:, .. ,,.~"" ~ t'-:),- 0:, ~ 0) ttj \~ \ MINNETON ~\ ~ LEGAL DESCRIPTION: n monument ~ \ ) foun Denotes ,ro d monument \\ Denotes iron monument Denotes found monument Denotes exisUn« , Denotes 'ist,ng elev. \ ~ TRACT B, R.L. S. NO. 14 70 x OD (oo, >e~::d,.,,~~"" \ '~' Denotes propoS Denotes surface ,.,, ,.,.,,...,:1 .. DEMARS-GABRIEL LAND SURVEYORS, INC. JOJO Harbor Lone No. Plymouth, MN 55447 Phone:(76J) 559-0908 Fox :(763) 559-0479 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota . .at)C.4-, Dov;d £. Crook Dote: February 21. 20D5 Minn. Re,t No. .....22.1./L File No. 12761 B Book-Page 426/31 Scale 1"=30' SITE ADDRESS: 2967 CASCO POINT ROAD CERTIFICATE OF SURVEY FOR: THE DANBERRY COMPANY-MR. EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Toto/ Hardcover 660 Sq.Ft. Lot Area 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House 1350 Sq.Ft. Garage 505 Sq.Ft. Drive, Patio, Wolk and Walls 2289 Sq.Ft. Total Hardcover 4144 Sq.Ft. Lot Area % of Hardcover 12467 Sq.Ft. 33.2%' 250-500 feet Drive, Walls Total Hardcover Lot Area % of Hardcover 1600 Sq.Ft. 1600 Sq.Ft. 2485 Sq.Ft. 64.4 % JEFF DANBERRY tr-1 ~ = ... ~ ... LAKE VIEW OF HOME -4' ADDITION PROPOSED TOW ARDS LAKE, INCLUDING 2ND STORY NORTHWEST CORNER OF HOME VIEW FROM LOT TO NORTH TO LAKE APPROXIMATE LOCATION OF OBSTRUCTION ;, ILLUSTRATED 'JI~ VIEW FROM LOT TO NORTH TO LAKE (FROM 1 ST FLOOR) VIEW OF NORTH FA<;ADE WHERE ADDITION IS PROPOSED VIEW OF HOT TUB AND DECK LOCATED 2' AND 1' RESPECTIVELY FROM THE SIDE LOT LINE WALK FROM DETACHED GARAGE TO SIDE OF HOME DETACHED GARAGE r • EXHIBITK ,, ·. CITY of ORONO RESOLUTION OF THE CITY COUNCIL No J:! 0. 17 ~ • Lfe •; , ~.;., A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBDIVISION l(B), 10.22 SUBDIVISION 2, 10.56 SUBDIVISION 16 (C)(6) AND 10.56 SUBDIVISION 16 (L)(2) FlLE NO. 03-2881 WHEREAS, Curtis 0. Midthun ~nd Kathleen A. Midthun (hereinafter "the applicants") are the owners of the property located at 2941 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 92 and that part of Lot 93 lying southeasterly of a line running parallel with and 30 feet distant from the southeasterly line of said Lot 92; that part of lot 104 lying southeasterly of a line running parallel with and 30 feet distant from the southeasterly line of said Lot 104, including that part of vacated Lake Shore Avenue lying across the above Lot 92 and the above part of Lot 93, all in Spring Park, according to the plat thereof on file or of record in the Office of the County Recorder, Hennepin County, Minnesota (hereinafter the "property"); and 'WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75-250' zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22 Subdivision l(B) and 10.56 Subdivision 16 C(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed. NO\V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2881. 2. The property is located in the LR-1 C Lakeshore Residential Zoning District, which requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot contains 0.63 acre and has a defined width of90'. Page 1 of 6 ·c1TY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 1l ,ty 3. The property contains an existing residence structure and detached garage, comprising 'lot coverage by structures' of 9.3 % where up to 15 % is normally allowed. The existing residence, garage, decks, sidewalks, driveways, and other calculable hardcover on the property totals 354.1 s.f. or 5.2 % in the 0-75' lakeshore setback zone where no hardcover is normally allowed; 4,998 s.f. or 31.7% in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed; and 293 s.f. or 5.9 % in the 250-500' zone where :UP to 30% hardcover is normally allowed. 4. Hardcover on the property after proposed additions and equivalent. concurrent removals will not change from the existing numbers and percentages in the 0-75' and 250-500' zones but will decrease to 4,601 s.f. or 29.1 % in the 75-250' zone. Proposed lot coverage by structures will be approximatelyl 1.3 %, well below the 15% maximum allowed. 5. The applicants had initiallyrequested a side setback variance to allow the construction of a first story kitchen addition above an existing basement office room located 1 foot from the side lot line where a 10' side setback is normally required. 6. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended approval of the requested hardcover and average setback variances on a vote of 7-0, conditioned upon revision of plans to remove the basement setb'ack encroachment and construct additions meeting the required 1 O' side setback, limiting . 75-250' hardcover to no more than the existing level of 4,998 s.f., and encroaching* ~ no further into the average lakeshore setback, based on the following findings: a} The additions when constructed per the recommended conditions will result · inno loss of existing views of the lake enjoyed by the affected ro e. owner . directly to the south, due to the increased s1 e setback from the existing situation and existing topography and vegetation. b) The proposal concurrent removals in existing hardcover will result in no net increase in hardcover on the site. c) The existing basement in the area of the proposed kitchen addition is 1 foot from the side lot line where a 10' setback is required, and is not structurally sufficient to support a story above it. This basement must be removed and replaced in order for such addition to occur. There is no hardship justification Page 2 of 6 . CITY of ORONO RESOLUTION OF THE CITY COUNCIL Q "' t;:'. NO. 4 tY 1!, :t.,'l to allow construction of a first story above a new basement located so close to the side lot line, as such new construction would result in continued drainage and access concerns, would increase the longevity of a nonconforming situation, and would have potential negative impacts on the adjacent property. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and applicants' agents, and the effect of the proposed variances on the health, safety and welfare of the community. · · 8. The City Council finds that the conditions existing on this property are peculiar to it · · and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision l 6(L)(2) to allow hardcover in the 75-250'. zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22 Subdivision 1 (B) and 10.56 Subdivision 16 C(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and attached to this Resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Hardcover on the property is approved at 354.1 s.f or 5.2% in the 0-75' zone; 4,601 s.f. or 29 .1 % in the 7 5-250' zone; and 293 s.f. or 5 .9% in the 250-500' zone. Page 3 of 6 ,'.CITY of ORONO RESOLUTION OF THE CITY COUNCIL .a9~1.r, NO. ... ., ~y 3. In order to meet the hardcover levels approved by this resolution, the applicants shall remove hardcover as indicated on the approved site plan attached to this Resolution as Exhibit A. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 12, 2004). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of May, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page4 of6 STATE OF MINNESOTA COUNTY OF HENNEPIN -CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 The foregoing instrument was acknowledged before me on this /z-1£,y of J1Ay .· , 200t by Barbara A. Peterson, Mayor of the_ City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Obb.c-CL~, ~A 0~ ~ Notary Public ALISSA A. WINTERNHEIMER NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2006 6 The foregoing instrument was acknowledged before me on this L''<lay of frl 0...A..,j,,. , 200f by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation4nd said instrument was executed on behalf of the City. Notary Public Page 5 of 6 ·cITY of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA COUNTY OF HENNEPIN -nJ On this i[_ day of ~J: , 2003, II-cc+ h / een f} . (Yr f ci:+hLt n , b'na-ni personally appeared before me, who is personally known to me -✓-whose identity I proved on the basis of_,_~(YI ___ AJ __ D_"--' _________ _ __ whose identity I proved on the oath/affirmation of ___________ __, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN On this_&_ day of MCU( - personally appeared before me, L/!_~ Uod~ Notary Public , 2003, __ who is personally known to me __ ✓whose identity I proved on the basis of_M~_V_-])_L __________ _ __ whose identity I proved on the oath/affirmation of ___________ __, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. DENISE M. LESKINEN NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2005 Notary Public Page 6 of 6 !' . ::'':: ' <I• .,'., v-o. • NOTE: Verify oil elevation and dimensions \ \,' ,. ... -'-b ..... t.?; , ,,1\ ·o" ~-. with Contractor prior. to ony Footing Construction 1,•·. •·' \ \ \ \ \ \ \ \ \ \ \ \ \ / I I, I , , , /,_2"~~-'\ //"~,.,; f:. 0, .,,-'.,,~••"·'•' ~,... ,,.... ;'7 ,· . :r. ·:(/' .. ~ V .,.<, . . m . .r ~\, ,,"'!)~ ... .ri.,~:,, ;;-.• , r\\' ,V' \ .... ,p'< ~ \ •\ ~/ .:..:. .. t,. ~,,," .~•1,:.4 ';'I A:,,1 .. ~~;-,s _,,..,, \ /\ ,,,,,, , i ¾\ \,,:' .... ,.,, ,73~;>•~/' ---:-:::: ·:, ;~~ ....... ---. ;,, ' _ .. ,!l:_... -~ ,,,. ...... ('I ~-:~, .. -:,\ I v.,..:;,__ -.. -~1-• ~ )\ ' ~ ·;,. ·n ., ./\. .'\\ J ~ .. • I J .f, I / ,/· ,II'~ V'-_..,,~-:. . . . ~,_, .. ,. . .. / \1 ,. / _ 'ft,r' ~-\\' I :: __ , ,., v'· / ,.,. •~,. " .r;,·)(-.\~-' , _______ -•r..,,.,..,,.,)\ ..... '. ..... '-\ "-' \ ).,"'\'-';.:---.:,--,,; ''\,'.-;./ _... --.:... '\. ,·· .,,-~~ ~---"' \ ·\ ~_... '4~t;. . "'-.. \ '-..; ·• "f ::-,,· --'" .. ../ ~ Srx,,. ,_ ~•\,s • ,. ----, , __ -. -'-, ,\'<..._.··\1-..;_~ ··,,.·.•., \ a·-rr,·zo.w: A..J& . . , \\ '. . . ;.-;.,::;,: \ . \ ~ ,~':-,..; \\ 's '<.••• ~~-,., / \ , VC = /20,fl Sq. }t. ,. '· \ ·' \/ '-. \'<'""' .s,;,i,:;;"if ..__' ,,,; / /11,/LDJ, ', -90 U Sq. Ft. \ .. ., , .. ,,. ' ,. -• ' •~.::,-.~ / ··•~= -.. " . ~ ·• \ ., '., \ ,, ~, _. ·. '~. ~. -/ .. ., •= . '"c..·2_.sq~·--.t:' ' ~~<'!l!I_.. ~~ .~, \\ \''•,"> :!-c" " ''• ', _, '\ -------Ft ~ ~\ ~\ '1.:, ~, ~ 's.,. ;:\' ~~,b \ • \~ \ \ ,,__ ,, •• ,1 t"6 ,,_...,...-'; /4 \ TOTAL ;ARDCO\'EJI e 354,1 Sq.S .Fl \, ~ '--~ <? o , \ \ .cS,:,o ,...... \ ~·,., . NF. = ae2Y.u q. · ,':-..: '-...\ ~"'·. \ . , \ ·•l,~r,\\ a \ ,,,.-,.... 'l'</'I'Al, Al/lo\ IN ZO, . 0-ALLOJrF.D ' -'"-· \ \ \ ~1 , "" ' !\lo \ S.Z?. 1/ARDCO\ER, ~ \ \ ' ~ ':, ,./ \ '7) . ,, \ 1"$. \ '"~t·•~ ~',c '1,i' ~ ~ -~ \ ~ ·t ,,.• Owners: Curt & Kathv Midthun ZHI Casco Point Road Orono, Minnpsota. ::1-ZS-03 (PHTDVR~ /<EVIJUO! 2_-_o_b:_:•:_:0::_3:'....-,----------------- r'•/f'/•J:.\o\ ••• ,.; ... :; 0'-75' ZONE BUILD/SC = lZB,0 Sq, Ft. roNCRF.'rb' = 05.3 Sq. Ft. flECI, "' 132,2 Sq. Fl, TOT,IL lf.tRDCO\'ER : 354, 1 Sq. Ft. T(.1:4L ARJ.'A IS ?.O.VJ-: :: 0829.N SrJ, Ft. ,i,:!% H,\RDCOl'ER, o:: ALLOlrED / t·--:</-r::·• ~ ~ o Denotes iron monument 000.0 Denotes existing elev. (000,0) Uenoles proposed elev. ·;:,, Propose1 garage floor e!ev.=971.17 E,dsling Lowest floor e!ev . ..-956.4 • NOTE: Verify oU elevation ond dimensions with Contractor prior to any tooting ~onstruction PROPERn' DESCRJPTlON (,IS PRO\'IDED BY CJJENT} Lnl 02 o.nd that pert of Lot. 0:1 lying .crouthesslerJy o/ a line runnlDg parallel 'ff'llh and :JO (eat distant from the trouthoasterly Jlne of saJd Lot .9.'1; that part ul Lot 104 JyJng southeasterly of s Jfrrn runnlnl( parallel wlth and 30 feet dl!llant from the southeaslerl:, IJnC' of 11aJd Lnt t(J4, JncJudlnK U1nl part of vacated Lake Shore Avenue JyJng R.eross 1111! nbovr. Lot. 92 and t.he above p1trt of Lot. 93, 1111 in Hprinl{ Park, accord!JJK to lhe JJlnt thereof on file c,r al record J11 the Oltice of the Cou11ly Recorder, llrnuepln County, ,\linnesola. 250'-500' Y.ONb' P/IOPOSED HARDCOVER 1s'-2sa' zo;,,·1:,· LJU/WJNGS = :J,062 Sq1 Fl. HlTUMINOIJS (Din'.} =· Wit ,,q. Pl. DRl\'E/Jr,1LKS = J ,D90 Sq, Fl. DECK e 204 Sq. 1't. RET. Jf",ILLS = 83 Sq. Fl,. TOTAL 11,lRDCOl'ER = ;,090 Sq, Fl, TOTAL .,\RE.-1 _ l.V tONE = 1,'1, 780 Sq. Fl._ :11, 7 ?. 11,!RDCO \'ER EXISTING HARDCOVER ;a'-250' ZONE //L.'JLDINGS e 1/JG7,J Sq. Fl. CO.VCRf:TE e 200.a Sq, Ft. TOTAL Jl,1RDCOVER = 293 SrJ. r't. TOT,IL AREA IN ZG.'1£ = fiDU7.Jn Sq. Fl._ 5.9% 11,tRDCOl'!'R, :,oz ,11,l,Olrl."JJ 250'-500' 1.0;\'f.' DJTlJ,\IINOUS (DTrr.) :;:; 203 StJ, n. DECK e 80fl.3 Sq. Ft. f'i ,.,(11:t,int\/![l ... ~'.\Jl,\'OUS (Din'.) :. 2319.J b't/, Fl. o -J:..+#fH~.'".1¢::(:rt:trTfC-:t>:W.Y,) = 303.2 Sq, Ft. TOT,IL IURDrOl'ER e 4990 Sq. Fl. TOT,H. r\P.F.',\ rs 7.0NF. = 157n0.,'1n_!J~-~-l. ,'JJ,7% IURDC01'ER, 2fi% JILLOll'ElJ PREPARED FOR: TnT.•lL IlA.RDr:orF.R = :m:i, Sq. fl, TOTAi, ARF..\ T.\' ZO.\'F: =. li007.lll Sr1, _Ft._ 5.!1% H.-tRDC0\'F.R, 3()% All.0lr1::n • f htr<1by ctrf,t-,, lhal lhi, ,,ur.,y, plan rr ttl'~•r1 ~1u pr-;;,o_,,.,i bv ml' ~ t (lr,.f C' • DF.M4RS-GABRIEL I er vn(t,ir rrll dir,.-.:1 rup,.,v,5/,;,1> <11"1 f,'lcl I a'." u .lult r.l'•J'ill'•"d t,inrl fl5't C _l [,;\.'VO SuurErnRS, JNq. Sur, .. ~,, _u:<f,., ,,,~ L..,,., ~, ltit ~/di" ,:,/ A/,.irrt~••l~ Hi-Oi-'=Pa'iii7 r• T,"Drrr Ti"Tr' A rrr;, .nTi"' C:..' T ;I? V!i'Y n.R.-n rn T'•.JTR ,1 rTTl\Jr.. ( \ \ \ ""' \ '° )% \ !/ ' \' ~/ \ I I \ \\ --t.,, \ \ " '° ~ ~ ~o . ~, LAKE -· i \..__ MINNETONKA ,\ \ Revised: 3-14-05 Proposed Hardcover ~6 X 951.2 .. .. EXHIBITL .9,r. ~~ ~ PROPOSED HARDCOVER 0 • X 000.0 (000.0) - Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev, Denotes surface drainage SITE ADDRESS: 2967 CASCO POINT ROAD LEGAL DESCRIPTION:· TRACT B, R.L.S. NO. 1470 0-75 feet Walls, Patio, Deck and Stairs Total Hardcover Lot Area 660 Sq.Ft. 660 Sq.Ft. 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House Garage Drive, Patio, Walk 1472 Sq.Ft. 505 Sq.Ft. and Walls 1978 Sq.Ft. Total Hardcover 3955 Sq.Ft. Lot Area 12467 Sq.Ft. % of Hardcover = 31.7% 250-500 feet Drive, Walls Total Hardcover Lot Area 1678 Sq.Ft. 1678 Sq.Ft. 2485 Sq.Ft. % of Hardcover = 67.5 % t------------~~-------;.....----------------·---,---------------------------------------1 I hereby certify that this survey, plan or report was prepared by me File No. DEMARS-GABRIEL I.AND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 or under my direct supervision and that I am a duly Registered Land Surv~e under the Laws of the State of Minnesota. 12761 B , 'QC , I,.,..-Book-Page -426/31 David E. Crook · Scale Date: February 21. 2005 Minn. Reg. No, 22414 1"=.30' CERTIFICATE OF SURVEY °FOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY RUN DATE: 2/15 /2005 38 2011723310036 PROP ADDR 2948 CASCO POINT RD OWNER NAME PAUL F JOHNCOX TAXPAYER PAULFJOHNCOX NAME/ADDR 2948 CASCO POINT RD WAYZATAMN 55391 38 2011723310048 PROP ADDR 2933 CASCO POINT RD OWNER NAME AUDREY A GALLISTEL TAXPAYER AUDREYGALLISTEL NAME/ADDR 2933 CASCO POINT RD WAYZATAMN 55391 38 2011723310063 PROP ADDR 2965 CASCO POINT RD OWNER NAME K ERIC A BERG TAXPAYER K ERIC A BERG NAME/ADDR 2965 CASCO POINT RD WAYZATA MN 55391 38 2011723340023 PROP ADDR 2987 CASCO POINT RD OWNER NAME JAMES R & CATHERINE HARTZELL TAXPAYER JAMES R & CATHERINE HARTZELL NAME/ADDR 2987 CASCO PT RD WAYZATA MN 55391 r ~ /• ~-. ' HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2011723310045 PROP ADDR 2975 CASCO POINT RD OWNER NAME S R & K K PERRY TAXPAYER STEWART R & KATHLEEN K PERRY NAME/ADDR 2975 CASCO POINT RD WAYZATA MN 55391 38 2011723310060 PROP ADDR 2970 CASCO POINT RD OWNER NAME J & B MARTINSON TAXPAYER JERRY & BONNIE MARTINSON NAME/ADDR 2970 CASCO POINT RDS WAYZATAMN 55391 38 2011723310064 PROP ADDR 2967 CASCO POINT RD OWNER NAME T & D ROZEBOOM TAXPAYER THEODORE&DEBORAH ROZEBOOM NAME/ADDR 2967 CASCO PT RD WAYZATAMN 55391 38 2011723340027 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME JAMES R & CATHERINE HARTZELL TAXPAYER JAMES R&CATHERINEHARTZELL NAME/ADDR 2987 CASCO POINT RD WAYZATAMN 55391 38 2011723310047 PROP ADDR 2941 CASCO POINT RD OWNER NAME CO MIDTHUN & KA MIDTHUN TAXPAYER CURTIS &KATHLEEN MIDTHUN NAME/ADDR 2941 CASCO POINT RD WAYZATAMN 55391 38 2011723310061 PROP ADDR 2980 CASCO POINT RD OWNER NAME SUSAN F GIESLER TAXPAYER SUSAN GIESLER NAME/ADDR 2980 CASCO POINT RD WAYZATAMN 55391 38 2011723310065 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO TAXPAYER THE CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 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 TAXPAYER SERVIC~ DEPARTMEN'f1-TO -- OF MY KNOWLEDGE AND BELIEF. ,•, 115 I OS ( , · DATE ~ BY I-,r v • sr---,· 'F -:::-. ______..,, PAGE: I ~ i ~ -~ ~ / 36± ,,, 35± Hennepin County Taxpayer Services Department D (j ~ 0 (35) T,9;> ·T,5 84°E F. L. s ; No ( 0 0 3 (24) 0 'I:: Parcel Information Parcel ID 2011723310064 House Number 2967 Street Name CASCO POINT RD ~ This is not a lega lly recorded map . It represents a compilation of in formation and data from City, County, and State road authorities and other sources. .?;>~ '' -­' ' ' ' co : ', CV): ' ~, ', 0): ' ' ' ' '.?,>. : ;I: ' "<:t"• N ' o \ .... ' .... : ' ' ' 0 • X 000.0 Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage (000.0) - DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 X 950.2 ~--75' Setback X 952.2 -r-;::_),., .,,.,, 11\r"'lv/ 2 550 / X 951.2 \,y ttj LEGAL DESCRIPTION: TRACT B, R.L.S. NO. 1470 SITE ADDRESS: 2967 CASCO POINT ROAD I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. File No. 12761 B CERTIFICATE OF SURVEY FOR: EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Toto/ Hardcover 660 Sq.Ft. Lot Area 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House Garage Drive, Patio, Walk and Walls Total Hardcover Lot Area % of Hardcover = 7350 Sq.Ft. 505 Sq.Ft. 2289 Sq.Ft. 4144 Sq.Ft. 12467 Sq.Ft. 33.2% 250-500 feet Drive, Walls 1600 Sq.Ft. Total Hardcover 1600 Sq.Ft. Lot Area 2485 Sq.Ft. % of Hardcover = 64.4 % ..o;oc.L Book-Page 426/31 THE DANBERRY COMPANY-MR. JEFF DANBERRY David E. Crook Date: February 21, 2005 Minn. Reg. No. 22414 Scale 1"=30' Legend of Photos Perry House 2975 Casco Point Road Re: Ted and Debbi Rozeboom variance request 2967 Casco Point Road No. 1 Our house on left and hot-tub between houses, viewedrom street. Surveyor's stake of property line can be seen to right of hot-tub. No. 2 Cioser view of houses, hot-tub, surveyor's stake (by Maple tree). No. 3 View from street to lake. Stewart is standing at lakeside stake. (Clothes line shows property line.) No. 4 View from lakeside stake to street side stake (Stewart can barely be seen standing in the opening between the wall and the hot-tub.) No. 5 Stewart standing by hot-tub wall. Wall post measures 9 feet high. Our house to post is 6'2". (Hot-tub wall is about 6" over the property line, as surveyed, and constitutes a cloud on the Perry title.) No. 6 View of bedroom windows from lakeside hot-tub post. (Middle bedroom on right. Far bedroom window has screen removed.) No. 7 View of lake from far bedroom window No. 8 View of lake from middle bedroom far window. No. 9 View of lake from middle bedroom window, closest to lake. No. 10 View of lake from outside of house at bedroom, view angles to L1ke. No. 11 View of bedroom widows from lakeside of the hot-tub. No. 12 View from same location as No. 11, only turned to face the lake. This is the view that the hot-tub blocks. ' ' ' fto U£'( = )o 6D M>D1 n oiJ = I 2 7- 6~E == 50 5 Ii CIJH,-, (~-3/tU-) ~ f0 ,5 "I Cam . (N o;'fh) ,, ;z, i ~ ( ~../h) ~ /0 l1Dt -tvb = toO ~dU,,t., -=--4Z, 5 ~J I z_. s, -F. t I 1 RESOLUTION NO. 870 A RESOLUTION APPROVING REGISTERED I.AND SURVEY NO. . ,· . -·. '• . :-,_~:-.~ .. ::·:·· :~: ,~x > .. ·> ... ~~,{('<, WHEREAS, the' City of Orono is a municipal corporation~.o.rganiz'ed-'. and existing under the· laws of the State of Minnesota; and \)!t{,~}E,l}/ WHEREAS, the City Council of the City of Oron.o has: ado;t~a/t'"\:\ ' • ' ' . . . ,,, ',' ,o>., •" ' ',· subdivision regulations for the orderly, economic and safe devel'cfprrien of .la.ncl within the City; and · · t>:•:j,,._;~;t , -~· ,. ,· ; .· .<)-;{;\_~;\~ ·· )<,:\:>WHEREAS, _the City Council has considered the/a~plicatJ,e>nyidf}:i,,"/.i . -~c'~u~~i;~sion plat by Hamilton Moran, the· s~bdi~~t,~f; a,;r'•'\ ji};_ -~·-;:;// .,_WHEREA~, .the/· subdivider has completed ~11,,i~~.equ~r~ments/{·?\:·:~,, f!t:\• •. of: the platting regulations of the City,· including:_,( .. . .. •t?r:,, .. ·:t>,' ':>;" ~,·.?\, :•· . . . . >t · :::':. . . ': ft:~1; .· .. ~/ .. Dedication, of Tract C for· public road purposes';· :, ~>)::~Jllf' ,:;;t~~~cr~i:~i~~~~;r!!/!p:t~=~E~;gi~~~r~~,21!!:1~:~}~ci~_:11:!~r. <;,,·.~.; ."'... ounty:~:\Minriesota; _subject to;the foll,owin:g .coridi.t'ions ::s:rf~; <~!t(~<t,-;_,... . . ::: .:.\. :~: , · · ·. ,: .. :;:, ;/\. ,:5;:./f-f}?·.i;~<i~:::\:~t::gf .. ···. . . _ or'eiiaid plat sha 11 .. be• filed .with the Hennep~J Ci>~tJ;'.;'; '. , ~-{~{:./ ::,~-:/_<~.i>:~ " :,>dutstrtriding ,:special. assessments will >betweeri,~Tracts A & B,. ' . . ~et~~i~!' f:::t:f 1!~ !~i:h:~~!~t!;:c:~!~ f ii~~ \~11~:1:t~ ~\;~/ 'tWeht0,>J.t wilr be 'necessary to. file a new application :wt~('tlie';,~,H?-.,\: ,--.l._Ci_ty .. :pf: ·gx-~11:0 for subdivision review. . . V?rJJ:.J\: . . . . . ;)', AGREED: .f:,tt • .. . Y7 ;-:---;1,t ~;, <': ,{-:~;o:~ -·\ ,: 7.' ,14~ /fvv.1 ~,-· ~~ -~''/ ·, '·< •=':,~~.-{~. Hamilton Moran << ' Dat~d this• 23rd day of January, 1978 •. --,-,(: ST~TE OF MINNESOTA ~COUNTY OF HENNEPIN CITY OF ORONO undersigned duly qualified:andacting r of the City of Orono hereby certifies ::true ·and correct copy of the original· Council. of· the City· of~Orono on/:,j'a· e · : · . ·.· . Registered Land ·Surve-y-,·-No..;;...;; __ _,____,;;;....;.._ office of the City Clerk/Aominis ·· -::GISTERED ASSUMED ~l ~ \ "' s LAND SURVEY NC ~.cr_Jk .... ~11;,11, ..,{ Joi iDJ, ."of"k,. .. ,. ~-"' • ,,: , ';jl>ht>gf A.r.i: <-kkt'r$4-<tt.l'f GORD L.ANO SURVE'fOR A.liD Pl ~~1'&1~ ~OtJSE -.. ..,. -,,~ •"·\ ·, (i.,. t,, tJ,77' . ~.... -, ' i / I i l \ t I \ =--'-y "Qt-;,. .. ,, I;" "·' i I -~\. t4i \ '(}.,. -, 11 I 1,i: - > ~8 b· -t • ~' l ( ' ti) tj) l ! / l ~ "' )" \ / / / \ \ \ "' " -"1, LAKE MINNETON. 0 • X QQQ.Q (COO.OJ Der ::i:es ;ron monument De0::,:es found monument Der :::tes existing elev. Der;otes proposed erev. Denotes surface dro:'loge DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lone No. Plymouth, MN 55447 Phone:(763) 559-0908 F,x :(763) 559-0479 t-\ _'(--75' Setbo ..,..t::i,.. {',-r- 1 I \r,,._., f " ,)B l0,sl I hereby certify that this survey, pfan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Survev under the Laws of the State of Minnesota. G David £. Crook Dote: February 21. 2005 Minn. Re2_. No. --221..1..±_ i:.:i c::, .c::. c::, ~<:o ~~-~ ,, i Vj '""'I\ ,oO O /' \ ~--. ~oO iO ·O " --\L; , -, ~ I;) ' 1--- i 01;,i ,, i . 0 -,,,1;,.\ ,., ro1•.\' 951.0 ~ LEGAL O[SCRIPDQtJ: TRACT B, R.L.S. NO. 1470 ~ ► Ul ~ 0 t'1 \~ 0 -z ~ ';o 0 ► c:, "'" ~"' """ t'1 SIT£ ADDRESS: EXISTING HARDCOVER 0-75 feet Walls, Patio. Deck and Stairs 660 Sq.Ft. Total Hardcover 660 Sq.Ft. Lot Area 5984 Sq.Ft. % ~f Hardcover -11.0 7. 75-250 feet House Garage Drive, Patio, Wofk and Walls Total Hardcover Lot Area % of Hardcover 1350 Sq.Ft. 505 Sq.Ft. 2289 Sq.Ft. 4144 Sq.Ft. 12467 Sq.Ft. 33.27. 250-500 feet Drive, Walls Total Hardcover Lot Area % of Hardcover 1600 Sq.Ft. 1600 Sq.Ft. 2485 Sq.Ft. 64.4 7. 2967 CASCO POINT ROAD REVISED CONTOURS MARCH 14, 2005 File Na. 12761 B Book-Page 426/31 Scale 1"=30' CERTIFICATE: OF SURVEY FOR: THE DANBERRY COMPANY-MR. JEFF DANBERRY " ,~" " /// < \ \ \ ' " \ )1 ;I;/ \\( \~ '\ LAKE MINNETON. "' 'o ~ ~ TF..'AC'i , ,-· 75' s~too 94' ,, "{\ "?>4'· ,~'1 ,,,/1:l8 ; 0 'J9 Revised: 3-14-05 Proposed Hardcover '/ DEMARS-GABRIEL LAND SURVEYORS, INC. JOJO Harbor Lone No. Plymouth, MN 55447 F'hone. (763) 559-0908 F:Jx :063) 559-0479 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that f am a duly Registered Land Surv~ ,i, of' tht:.:,, M,nnesoto David £. Crook Date: February 21. 2005 Minn. Re2._. No, -22..il.L ~ C _c C ~~ gg I!) IQ i ---'--~ Cf)_ ('":) 0 ,, i ½""\ " ".,.0°; •. 0° ,,-\_f '\ t,,j '"O 0 -z ~ File No. 72761 B Boak-Page 426/31 Scale 7"=30' l;rj 0 ► ~-I Cl ... ,.."' N..: . .,, ~ PROPOSED HARDCOVER ,,0,l"C 0 • X 000.0 (000.0) CX) i .;:.: 0, t,,j Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage SIT£ ADDRESS: 2967 CASCO POINT ROAD LEGAL O[SCRIPTION: TRACT B, R.L.S. NO. 1470 CERTIFICATE OF SURVEY FOR: 0-75 feet Walls, Patio, Deck and Stairs Total Hardcover Lot Area % of Hardcover 660 Sq.Ft. 660 Sq.Ft. 5984 Sq.Ft. 11.0 %' 75-250 feet House 1472 Sq.Ft. Garage 505 Sq.Ft. Drive, Patio, Walk and Walls 1978 Sq.Ft. Total Hardcover 3955 Sq.Ft. Lot Area 12467 Sq.Ft. % of Hardcover = 31 .7% 250-500 feet Drive, Walls Total Hardcover Lot Area % of Hardcover 1678 Sq.Ft. 1678 Sq.Ft. 2485 Sq.Ft. 67.5 %' THE DANBERRY COMPANY-MR. JEFF DANBERRY !/! /!/ \~(\/;~/_: \~>;'. > ~--. \ LAKE MINNETONKA 0 • X 000.0 (000.0) - Denotes iron monument Denotes found monument Denotes existing elev. Denotes proposed elev. Denotes surface drainage DEMARS-GABRIEL ~ LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 X 950.2 ~--75 · Setback X 952.2 1£:),., ,,....,, /l\17vl 2 LEGAL DESCRIPTION: \ \ TRACT B, R.L.S. NO. 1470 '-; \ I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. -.Q:OC\L rr David £. Crook Date: February 21, 2005 Minn. Reg. No. 22414 File No. 12761 B Book-Page 426/31 Scale 1"=30' SITE ADDRESS: 2967 CASCO POINT ROAD CERTIFICATE OF SURVEY FOR: THE DANBERRY COMPANY-MR. EXISTING HARDCOVER 0-75 feet Walls, Patio, Deck and Stairs 660 Sq.Ft. Total Hardcover 660 Sq.Ft. Lot Area 5984 Sq.Ft. % of Hardcover = 11.0 % 75-250 feet House Garage Drive, Patio, Walk and Walls Total Hardcover 1350 Sq.Ft. 505 Sq.Ft. 2289 Sq.Ft. 4144 Sq.Ft. Lot Area 12467 Sq.Ft. % of Hardcover = 33.2% 250-500 feet Drive, Wolfs 1600 Sq.Ft. Total Hardcover 1600 Sq.Ft. Lot Area 2485 Sq.Ft. % of Hardcover = 64.4 % JEFF DANBERRY CITY of ORONO March 11, 2005 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Theodore & Deborah Rozeboom 2967 Casco Point Road Wayzata, MN 55391 The Danberry Company Attn: Jeff Danberry 4410 Shoreline Drive Spring Park, MN 55384 SUBJECT: Zoning Application #05-3089 The City is in receipt of a Certificate of Survey dated February 21, 2005. In my letter dated March 1, 2005 there were a number of additional requirements of which the survey should have addressed. The survey submitted lacks the following: • Location of average lakeshore setback, • Existing contours in 2' intervals with any proposed grading shown, • Proposed hardcover calculations ( existing have been submitted), • Location of proposed addition, • Location of any existing or proposed cantilevers, bay windows, or second story decks (a cantilever exists on the north side of the home however is not shown on the survey-please verify). Application #05-3089 remains incomplete. If you wish to proceed with your application please submit the items requested above by March 14, 2005 by 12:00 Noon to remain on the March 21 st Planning Commission agenda. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono ~~~ Janice Gundlach City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION March 1, 2005 Theodore & Deborah Rozeboom 2967 Casco Point Road Wayzata, MN 55391 SUBJECT: Zoning Application #05-3089 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen ( 15) business days as to the status of your application for variances for property located at 2967 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: • A Certificate of Survey including topography in 2' contour intervals for the entire property and any proposed grading. The survey should include the location of the proposed addition, any bay windows or cantilevers, second story decks, etc. as well as the location of the average lakeshore setback. • Hardcover calculation worksheets for all hardcover zones, 0-75', 75'-250', 250'-500', including existing and proposed hardcover calculations. Application #05-3089 is incomplete. If you wish to proceed with your application please submit the items requested above by March 14, 2005 by 12:00 Noon to remain on the March 21 st Planning Commission agenda. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono r/4U»c ·· Bz.w~ tlf..P- Janice Gundlach City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. <lmmoouA Last State Zip Phone I unders~ :tated above. ~{Wf--- Signature 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. CITY of ORONO January 28, 2005 The Danberry Company Attn: JeffDanbeny 4410 Shoreline Drive Spring Park, MN 55384 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Survey Submitted for 2967 Casco Point Road Dear Mr. Danbe1Ty: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 As a follow-up to our January 28 th telephone conversation, the surveys submitted with the building permit application for 2967 Casco Point Road have been rejected by Plam1ing Department staff. Also, an average lakeshore setback variance will not be administratively approved due to new visual encroachments proposed that could further restrict lake views enjoyed by adjacent lakeshore owners. The average lakeshore setback variance is necessary regardless of whether the proposed hardcover in the 75 '-250' zone can be reduced to a conforming level of 25%. Lastly, the 250'-500' zone is also over on hardcover. Therefore, a hardcover variance will be required for this zone as well unless 30% can be achieved (regardless if any work is proposed in this zone). As mentioned earlier, both surveys submitted for this project have been found by staff to be inadequate to allow for a thorough review. Below is a short bulleted list of general problems with the submitted survey as compared to what the City requires in all surveys; as well as issues specific to this survey for this particular property. I've also attached the survey requirement list as it appears in the building permit and land use packets. The City will continue to reject surveys that are found to not meet these minimum standards: General Comments • • • Varying line weights -a hand drawn survey with varying line weights causes confusion of lot lines vs. building footprints vs. setbacks, etc Poor lettering quality -changing fonts and handwritten non-block scattered lettering make the survey difficult to read Building setbacks not shown -all building setbacks should be measured at a perpendicular angle and it should be clearly noted where the setback is measured to and from • Distances between monuments are unclear and difficult to read as depicted • Inaccurate or short versions of legal descriptions -full legal descriptions should be noted on all surveys Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us • All foundation lines should be dimensioned • Carelessly represented landscaping features and omission of some of these features • Correct representation of existing and proposed topographical contours ( existing are dashed where proposed are solid). All contours should be shown in 2' intervals and extend 50' beyond the property boundaries. The 929.4' elevation contour for Minnetonka must be confirmed and depicted at the shoreline. • Original certificates with original signatures must be submitted ( copies are accepted only when they are accompanied by an original) • When revisions are made to a survey a new survey ( original certificate) should be submitted with a revision date clearly noted • All information added to the survey by someone other than the surveyor must be indicated as such Property-Specific Comments • • • • • • • • Lake setback lines (75', 250') are not clearly noted The 929.4' elevation of the shore should be shown and used as the starting point for measuring lake setbacks (merely the current waters edge is not sufficient) Random excerpts of hardcover information appear on the survey with lines drawn to the item in question (this information should only appear on the hardcover calculation worksheets) Average lakeshore setback line is not shown Building setbacks are not clearly noted (setbacks to lot lines, the shore and other structures should be accurately depicted on the survey) or in some cases missing The hardcover calculation worksheets should be completed as they are intended to be . This means existing and proposed hardcover should be calculated ( even if the percentage is staying the same the proposed numbers should indicate how the hardcover is changing) Proposed changes need to be more clearly represented on the survey (the current survey is difficult to understand for staff, where the Planning Commissioners will have an even more difficult time understanding) Because you will need a variance and the footprint is expanding, you will be required to submit a grading plan. The grading plan should include existing and proposed grades. If you intend to match the existing grades it must be depicted on the survey. In closing, a variance for an average lakeshore setback and possibly hardcover will be required for this project. I've attached the meeting schedule for your reference. The next available meeting is March 21, 2005 with an application deadline of February 23 rd at 12:00 NOON. The building official will not review the building permit until the necessary variances have been approved. Should you have any questions I can be reached at 952-249-4623. Sincerely, City of Orono ~-~ ~ Janice Gundlach City Planner , LEGAL NOTICE CITY qF ORONO 2750 Kelley Parkway, P.O .. Box 66 . . Crystal Bay, MN 55323 'hone (952) 249-4600 Fax (952) 249-· 4616 . NOTICE OF PUBLIC HEARINGS The Planning Commlsilon will hold 1blic hearings in the Oron·o -Council hambers·· at · 2780 -Kelley-Parkway on · ,onday, April 18 , 2005, beginning at 6:00 m. on the matter of reviewing the follo\'I• g land use .applications: · #04-3060 -Mlchaei and Donna bertz, 1220 Tonkawa Road, LR ·-· 1B Jning district, reques t an· after•l~e-fact JndltlonaI· use permit and hardcover vari­ nce for the 0-75' zone · to permit land Iterations and bou.lder walls within 75' of ,e _OHWL of L_ake Mlnnelonka. · .#05 -3073 -David and Joann Po;r,lj e, 01 Tonkawa Road, LR -1 B zoning dis: let, request a preliminary subdivision In . Abukhadra, 1745 Fox Street, RR -1B -'rently exists and a hardcover varia·nce for zoning district, requests preliminary plat the 75'·250' zone to permit 51.8% hard- approval In · order 'to· create six residential cover where 25% is normally allowed and ·Iot$ on one block Includi ng c_oristructlon of '60.7% currently exlsts;_'ln order to con­ a private roadway. · . slruct arf altached · garage · with living · space above . Including a second story .. #05-3099 . -Ma,y · and , Marnlx . ab_ove_the existing first story home. Guillaume, 3060 North Shore Drive, LR - 1B zoning district, request a 0-75' hard• #05-3105 -Peter Martinson, 4460 cover variance to permit 15% hardcover Forest Lake Landing , LR -1 B zoning dls- ·where 0% is normally allowed ··and 15% trict; requests ' lot area and lot width varl• currently exists, a 75'-250' hardcover varI-· ances, a hardcover variance to permit anci, to permit 34%-hardcover where 25% 35% hardcover'in the 75'·250' zone where Is normally allowe.d and 34% currently 25% is· normally required, side setback exists, and a lake setback variance to per-variances to permit side setbacks of 8. 7' mil a lake setback. of 60' when 75' Is nor-where 1 O' is normally required, In .order to mally required and 40' currently· exists, In rebuild on an · existing lot 0.-28 acres in · order to construct a lakeside decR and area and 57' in width where 1 ·acre and . covered entry. and porticoib_oardwalk. 140' of width is normally required. · #05-3100 -Larry and Sheryl Palni, 1146 Wlldhurst Trail ; LR ..: 1 B zoning dis• trict, request a lot area and lot width vari­ ·ance in order to construct a new resi­ dence on an existing lot 0.64 acres In area where 1.0 acre In area is normally required and 65' in width whe re 140' 'is normally required .. rder to create one additional lakeshore #05-3101 -Jon and Jane #05-31 06 -Cindy · and Brad McDonnell, 1420 Balder Park Road, LR - .1 C zoning di strict, reque st a 75'-250' hardcover ·variance to permit 51 % hard­ . cover when 25% is normally ·allowed and 50% currently exists, a structural cover­ _age varia'nce to permit 1,885 s.f. of struc­ ture whe n 1,500 s. f. Is normally allowed and 1,717 s.f. currently exists in order to construct a covered porch/entryway .. ·. isldential lot. · Schwartzman, 425 Oxford Road,. LR -1A . · . ·. . . .. _zoning district; request an average . #05-3107 -Jeff Nute of Natural ::, #05-3080 -···.I0terspace-Wes\, · Inc./ fakeshcire setback.variance to per.mil cori-Environments Corporation . ·on · beh.alf of 060 VY.~Yl,?,!a -8-9.UL~\'.ard, (e9u~~ti.l'l.\J.R: .,.,,.stru"!io.11 ~JaQ}n-grouiJ.d. po,9.! 1:1.~-tween the i Scott Bissen and Michelle ·Morey, '825 eneral development _plan •approval, com-· 75' lake ~etback ~~d existing hollse. ' , Tonkawa Amici; LR :: 1 B zoning ' district,'. 1ercial site plan approval, and. prellml-· · requests a conditional use permit and ary and final plat approval for a 6ommer-. #0S.3.to2-,-liatl:tr.yn ... Alexander . ..on ,hardcover varl.~n_c~ to .illow lan_d _alter- ial office· development:cbritalnlng 1'0 Jnlt '. behalf of J. Sven Gustafson, 920 Brown atlons wi thin 75' of the OHWL of Lake >ts and one common lot to be known as · -Road South, RR -1 B zoning district, Minnetonka. ,mber Woods Office Centre, requests lot area, width, and side yard #05-3086 -Philip and Cassandra >rdway, 1145 Sixth Avenue North, LR. - A zoning district, request a top of bluff etback variance In order to construct a ew res idence encroaching the required. O' top of bluff setback, #05-3089 -Theodore and Deborah lozeboom, 2967 Casco Point Road, LR - C zoning district, request an average ikeshore setback variance 1:1nd hardcov-. ,r variances for the 75'-250' and 250'•500' .ones In order to construct a second story ,bdve. the existing .lake side porch . #05-3091 -Catherine Sallas, 3635 iorth Shore Drive, LR -1 C zoning dls­ rlct, requests after-the-fact hardcover 'arlanaes for the 0-75' an,l 75'-250' zones, 1 lake setback variance to ··permlt a lake ,etback of approximately 50' when 75' Is ,ormally required, and an -average akeshore setback variance In order to nalntaln an existing roof-top deck. #05-3097 \ssoclates on Gronberg and behalf ·01 Hashem ,setback variances to permit side yard set· · All persons wishing to be heard are backs of 15' when 30' Is normally required . encouraged to attend this meeting. This Is In order to construct a ·new residence on · ' not · a. final agenda and Is subject to an existing lot 0.93 acres In area and 11 O'. ,change prior to the hearing. Written com• In width when 2.0 acres and 200' Is nor• rnents , are accepted and should be sub- mally required. · milted tci. the City of Orono . by April 13, #05-3103 ·-Jack and Karl Olson, 1 $66 Shadywood Road , LR -1 C zoning district; request a haracover variance for the 0•75' zone to permit 46.8% hardcover when Oo/o Is normally allowed and 48.2% currently exists, a variance to permit a detached structure to be located closet than 1 O' to ·the principal structure, and a•. ·structural coverage variance to permit 31.9% or 1,799 s,f, of . structure when 1,500 s.f. Is normally allowed and 22.1}% or 1,271 s.f, currently exists, In order t9 · construct a 22' x 24' detached garage, · #05-3104 -David and Renee Mack, 1978 Shadywood Road, LR -1 C zoning district, request a lake setback variance to . permit a lake setback of 55' when 75' Is normally required, a 0-75' hardcover vari­ ance to permit 27.9% hardcover where · 0% Is normally allowed ·and 30,6% cur- 2005 If possible. Plans are available for review In the City Offices-and all .Interest­ ed persons are encouraged to· contact the City for-further' Information. For an appointment, please call (952) 249-4600. City :01 Orono Ely: Plann ing Qo!)1mlsslon Michael P. Gaffron, Planning Director Posted at: Orono City Offices Crystal Bay Post Office Long Lake P,ost Office · Navarre Post Office (Published In Th J Laker and The Pioneer newspapers, April 2, 2005), Affidavit of Publication State of Minnesota, County of Hennepin. Eric Serrano, being cjuly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed Public Hearing, Land Use Apps. which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 2nd day of April 2005, and was thereafter printed and published every Saturday, to and including Saturday, Authorized Agent Suscribed and sworn to me on this 2nd day of April 2005. By: <ij~,~ . Notary Public • SUSAN A. FLOHRS NOTARY PUBUC-MINHESOTA MY COMMISSION EXPIRES 01-31·2010 Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch . (2) Maximum rate allowed by law for above matter: $15.50 . (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79. ·. LEGAL NOTICE CITY.OF ORONO ,br! zonii\g'._'di~tric!,'=re'quesis preliminary plat the 75'-250' zone to permit 51 :8% hard- ' ,H apprp,y,!lr)rl9r~131.,to create six residential cover where 25% is normally allowed and :,,.1 lot~,~D,/>n~ ~99.~ including construction of · 60 .7% currently exists, in order to con- ';." a P~\'1lte roadway. • . struct an attached garage with living 2750 Kelley Parkway, P.O. Box 6.6 . Crystal Bay, MN . 55323 . Phone (952) 249-4600 Fax (952) 249-461 .6 . ,Jl\fc .. o •·•• 1v r,1 ,i · •· · · . . · space above includi ng a s!!cond story #05-3099 .,. Mary . and Marn ix · .. above the existing first story home. · --Guillaume ,-3060 .North Shore Drive, LR - 1 B ~onlng, district, request a 0-75' hard­ NOTICE OF PUBLIC HEARINGS · .;,,,;::qoy~r\Jariartce:· to permit 15% hardcover . . ,. '··w~ere . 0% rs' normalli allowed and 15% The Planning Commissio.n will hold currently exists, a 75'-250' hardcover vari­ bllc hearings In t~e Orono ,Council:::; anceto·peri'liit34%hardcoverwhere25% ambers at 2780 Kelley · Parkway on . is normallY:i allowed and 34% currently ,nday, Aprir18, 200$, beginning at 6:00 exists , and ·a' lake setback variance t6 per­ n. on the matter of reviewing the follo w-··-'. mif a lake setback of 60' when 75' Is nor- 1 land use applications: mally requlre·d and 40' currently exists, in ' o.rder to construct a· lakeside deck and #04-3'060 -Micha~/ and Donna covered ant!)' and. portico/boardwalk. #05-3105 -Peter Martinson, 4460 Forest Lake Landing , LR -1 B zoning dis, trict, re.quests lot area and lot width vari­ ances, a hardcover variance . to p·ermlt 35% hardcover in the 75'-250' zone where ·25% is norma.lly required, side setback variances to permit side setbacks of 8. 7' where 1 0' is normally required , in order to rebuild cin an . existing lot 0.28 acres In · area and 57' •in width where 1 acre and · 140' of width is normally required . ,ertz, ··1220 Tonkawa ·Road , LR -1B ning district, request . an after-the-fact ndilional use per'mit and hardcover vari-• ce for the 0-75' zone to permit land erations ·and boulder walls within 75' of 3 OHWL of Lake Minnetonka . ·#05-31bO -Larry·· and Sheryl Palm , #05-3106 ·_ Cindy · and. Brad 1146 Wildhwst Trail , LR -1 B zoning dis-McDonnell , 1420 Balder Park Road , LR - trict, reque.st a lot area and lot width vari--1 C zoning district, request a 75'-250' ance In order to construct a r'lew, resi-hardcover variance to permit 51.% hard- dence-on ah' existing lot0.64acresi narea cover l','.hen 25% Is. normally allowed and where ·1 .o acre in area Is normally 50% curre_otly exists, a ~tructural cover- /105-3073 -David and Joanri Pomlje, required and 65 ' in width where 140' Is age variance to permit 1,885 s.l. of struc- •1 Tonkawa Road , LR-'-·1B zoning dis-normally required. ture when· 1,500 s.f. is normally allowed - :t, request a .preliminary subdivision in and 1,717 s.f. currently exists In order to der to create one additional lakeshore #05-3101 -Jon and Jane construct a covered per.ch /entryway: slderilial lot. · Schwartzman, 425 Oxford Road, LR -1 A zoning dis.trict ,. request an average #05'3 107 ..: Jeff Nute ·of Natu'ral #05-3080 --lnterspace-West, Inc., lakeshore setback variance to permit con-·Environments Corporation on behalf of 169 .Wayzata Boulevard, _requests PUD , stru6tlon of dn in•ground pool between the Scott Bissen and-Michelle Morey, 825 meral development plan approval, com-·· 751 lake sefback and existing house . Tonkawa Road, LR -1 B zoning district, erclal site 'plan approval, ahd prellml-.. · · · . requests a conditional use permit and 1ry and final plat approval for a'commer-· · #05 -3102 -Kathryn Al~xander 6n hardcover variance to allow · land alter- ii oitlce development containing 1 0 unit behalf, ·01 J. Sven Gustafson , 920 Brown . ations with in 75' of the OHWL of Lake ts and one common lot to be known as Road South, RR -1B zoning district, · Minnetonka. 11ber Woods Office Centre. · requests fot area, width, and side yard · setback variances to perl)'lit side yard set-All persons ·wishing to be· neard are #05-3086. -Philip and Cassand;a • bac~s of 15' when 30' is normally required encouraged to attend this meeting . This is rdway, 1145 Sixth Avenue North , LR -In order to construct a new residence on . · not a final agenda and Is subject to ~ zoning district, request a top of bluff an ·existing lot 0.93 acres ln ·area and 110' change prior to the hearing. ·written com- 1tback variance in ·order to construct a In width when 2.0 acres and 200' is nor-ments are accepted and should be sub- 3W residence encroaching the required ;mally req~lmd . mitted to the City. of Orono by April 13, l ' top of bl.uff setback. · 2005 If . possible . Plans are available for · · #05'-3103 -Jack and Karl Olson, review In the City Offices -and all interest-. #05-3089 -Theodore and Deborah 1966 Shady wood Road, LR -1C zoning ·ed persons are encouraged -to contact the ozeboom , 2967 Casco Point Road , LR -district, reque st a hardcover· variance for City for fu rther information . For an : zoning district, request an average the 0-75 '.zone to permit 46 .8% hardcover .appointment, please call (952) 249-4600 . . keshore setback variance and hardcov-when •0o/o is normally allowed and 48.2% r variances for the 75'-250' and 250'-500' currently exists, a variance to . permit a . City of Orono Jnes in o'rder to construct a second story detached ·structum to be located closer Br Planning Com.missio'n . bove the existing __ lake side porch. than 1 0' to. the principal stru cture , ·and •a structural .,coverage variance ·to permit #05-3091 -Catherine Sallas, 3635 31.9% or ·1,799 s.f. of structure when lorth Shore· Drlve ,.LR -1C ·zoning .dis-1,500 s.f. is normally allowed and 22 .5% ·let, requests after-the-fact hardcove r or 1,271 s.l: currently exists ,. In order to ariances for the 0-75' and 75'-250' zones, co.nstruct ~-22 ' x 241 detached garage . lake setback · variance to permit a lake etback of approximately 50' when 75' is #05·3iCJ4 -David and Renee Mack, ormal/y required, and an average 1978 .Shadywood Road , LR -1C zoning 1keshore setback variance In order to · district, reque st a lake setback variance to 1a/ntaln 'an existing roof-top deck. permit a lake setback qf 55' when 75' is normally requ ired, a 0-75' hardcover -vari- #05-3097 Gronbe rg and . ance to permit 27.9% hardcove r where ,ssocl ates ·on behalf of Hashem . 0% Is normally allowed and 30.6% cur- 1bukhadra, 1745 .Fox Street, RR -1B rently ·exis.ts and a hardcover variance for Michael P. Gaffron, Pl anning Director Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (Published in The Laker and The Pioneer newspapers, April 2, 2005). Arfidavit of Publication State of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A .) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed Public Hearing Land Use Apps. which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 2nd day of April 2005, and was thereafter printed and published every Saturday, to and including Saturday, Authorized Agent Suscribed and sworn to me on this 2nd day of April 2005. By: ~--ru©,Q-\A.V r-~--~----._,;,,;Notary Public • SUSAN A. FLOHR$ NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01-31-2010 Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $15 .50 per inch . (2) Maximum rate allowed by law for above matter : $15.50. (3) Rate actually charged for above matter: $7 .96 per inch . Each additional successive week : $5.79 . :.,··:t),';r;.: ::~:tf~ssifieds :i':"iP.ag~ :1' l i :: : Affidavit ot ..-'ublication :;State of Minnesota, County of Hennepin. .. -·;} . . :=ric Serrano, being duly sworn on oath, says that ;:;, . e 1s an authorized agent and employee of the ublisher of the newspaper known as THE ~._ _AKER, Mound, Minnesota, c3.nd has full PUBLIC NOTICE 7 .. #05·3092 -Matthew Hoffman on knowledge of the facts which are stated below: CITY OF ORONO behalf of Camelod;onstructlon, Inc ., 1225 2750 Kelley Parkway, P.O. Box 66 . Dlckeaso [k.Street, RR -1 B zoning district, . Crystal Bay, MN 55323 request,s'1,Rt area, lot width; and side street Phone (952) 249-4600 Fax (952) · 249-' . setbacl(V1itia nces . in order to construct a 4616 · · . i new resider.ice on an existing lot · 8,;ll.#d5-3093 ' -Jeff Lindgren of PUBLIC HEARING ·NOTICE .street~?'.'i nd Associates . on behalf on The Planning Commission will hold Mich a:ei-. ·and Berl! Francis ; 2995 · public he ari.ngs in the Orono Council . Watertown Road, R.R -1 B. zoning dlsirlct, Chambers at 2780 Kelley Parkway on · requests a conditionsil.use permit in order Monday, March 21 , 2005,' beginnil'.lg a,t · to construct an accessory · buildif)g with . 6':00 p·.m . on the matter of reviewing the plumbing . : • . • foll owi ng land use applications: ' 9.::#'()5-3095 -Minnetonka Portable · ; · Dredging ·on behalf of Gregg Steinhafel , · 1 .. #05.-30 82 -Ames Construction d~ · 2265 No.rth Shore Drive , LR -.1.A zoning behalf of Lakeview Golf Course , 405 distri · uests a conditional use permit . North Arm Drive, RR.-, 1 B zoning district', for a · ent dock. · 1 · · requests a conditional use permit if) orde'r 1 .-3096 -Minnetonka Portable . to .place !J.pproximately 6,000 cubic yards Dred \behalf of Ben Faus, 550 Big of fill on ·site which will ultimately relocate· lslan ni~g district, requests a con- . the existing .13th green · to the • so 'ui~ ditio ermit for a permanent dock. approximately 50 feet. · · 1 5-3097 -· Gronberg and 2'.'#05-3085 -Julie Kreslins on behalf on · behalf of ·Hashem · of' Jul Ann Hair Fashions· .and building 1745 Fox Street, RR -1 B : owner Aleck G. Ove rson, '3455 ,Shoreline t, requests a preliminary plat Drive, B -1 zoning distfict, requests :a, . reate si x residential lots on commercia.I . site plan review In order to one · ludirig ,con.struciion of 1i prl-. operate a beauty shop/hair salon oufof an · vale . . •. · existing lower leve l v acant space located .1 ,//105 -3098 · :.. City of Orono , at the rear of the building . requesJs''1f1onln·g· amendment to. include . 3. #05-3086 -Phil ip and Cassandra restor,Woi'f'iequirements · uhder Section Ordway, 11 45 Sixth Avenue North, LR -78-128~ r.~garding vegetation alterations. ' 1 A zoning district, request a top of bluff ,, ·;t,.· setback · variance in order to construct a 'A~l e~is,ons wi shing to be heard are ·. new· residen ce encroaching the required encou (~ge~•to attend this .meeting . This is 30 ' top of bluff setback. ·not a l'.fibaJ?:agenda and is subject to . 4 . #05-3089 -Theod ore and chang~ptL6r..to the hearing . Written com- . Deborah Rose boom, 2967 Gasco Point .. ments \~t.a'·accepted and should be sub- Road , LR ,-1 C zo.ning district, request an mitted ;Jo'the. City of Orono by March 16 , . average lakeshore setback var iance and 2005 it p6'.ssible. Plans are available for . hardcover va riances fo r the 75'-2 50' an'd ·review 'l,n'.lhe .City Offices and all interest- 250' -500' zones in order to. expand the . ed perso ns are encouraged to contact the existing res idence footp rint fou r feet to the . City for further . information. For an southwest, or towards the lake . appointment , please call (952) 249-4600. 5. #05 -3090 -Tim Latterne r of Dock and Lift, In c. on behalf of Jeff Engler, 2760 Shadywood Road , LR -1 B zoning district , · re ques ts a co nditiona l use permit in order . · City of Orono . By: Plan ~ing Co mmiss ion . . 1 to construct a permanent dock. · Michael P. _Gaffron,, Planning .Director 6. #05-3091 -Catherine Sallas, 3635 No rth Shore Drive , LR -1 C zoning dis' trict , requests afte r!th e-fact ha rdcover va ri ances for the 0-75' and 75'-250' zones, a lake setback variance to permit a lake . setback of approximately 50' wheri 75' is Posted at: Orono .City Offices Crystal Bay Post Off ice Long Lake Post Office Navarre Post Office normally required , and an average (Published in The La ke r and The Pione er lakeshore setback variance to order to newspapers, March 5 , 2005 ) maintai n an existing roof -top deck . A.) The newspaper has complied with all the : requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed public hearing, March 21 which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s) . It was first published Saturday the 5th day of March 2005 , and was thereafter printed and published every Saturd y, to and including Saturday, Authorized Agent Suscribed and sworn to me on th is 16th day of March, 2005. By: ~~Q0J t-~-------~"~''~;);I,+~,..,., Public • SUSAN A. FlOHRS NOTARY PUBLIC-MINNESOTA ~ COMMISSION EXPIRES 01-31·2010 Rate Information (1) Lo wes t classified rate paid by commercial users for comparable space : $15.50 per inch . (2) Maximum rate allowed by la w for above matter: $15.50 . (3) Rate actually c harged for above matter: $7.96 pe r inc h . Ea ch add it ional s uccessive week: $5.79. • c,,.~ .. •, . ,·; ·_ , / ), ·, .,:P!:)BLIC NOTICE . . ', ·,'·_;·.CITY OF ORONO · ·: . :·'··2}'50 'Keiley'Parkway, P,O. Box .66 , :. i CfYsjal, Bay, MN 55323 ; P.hon~.(99J) ?.49-4600 Fax (952) 249-H : . •; ,·: · 4616 · ,fi ~ ,· · ·r :•-~\is,:,:t (-;- PUBLIC HEARING NOTICE . . :,.:,' :-irhe Plannlng i Cornrnfssion will ·hold · · · pubilc 'heatings ' .I n '·the Orono Council .. RECEIV Eit> MAR 1 5 ?nn~ CITY OF ORON O average lakeshore · sf)tback-' variance .:and hardcover variances for ·the -'75'-250' and 250'-500' zones In order . to expand the : ex isting ·residence footpr.inffour .feei· tii1.the southwest, or towards ihida~ii: . !'." ·' '. ' .: · 5.-#05-3090 -Tim L:atterne(-of Dock ancilltt, Inc. on oehalf of Jeff·Engler, '2.760 Shadywood Road, LR -tB zoning district.­ requests a conditional use permit in order. to cons_truct a perm;ment dock. , · . . · 1.0. #05-3096 -'-Minnetonka ·Portable Dredging on -behalf of Ben ·faus , 550 Bl$ Island, R_S:zoning ·district, requests a con­ diticinaf·1:Jse permit for a permanent dock .· 1 t ./ #Q5°3097 :... Gronberg and Associales on . behalf of Hashem Abukhadra, ~745 · Fox Street, RR -1B zoning district, requests a-preliminary plat In order lei create· six residential lots on · one block Including construction of a pri­ vate roa_dway. . Charntiers-· at °2'780 Kelley Parkway "Q.n Monday, March 21, 2005 , beginning ::at 6:00 ·p:rn., on the matter of reviewing the . . . 6·;,#05-3091 -Catherine,' Sallas, 3635 .. 12 . #05-3098 ..: City ·of Orono', following land use appllqatlons : '1 · • North Shore Drive, LR -1 C zoning .dis; requests a zoning amendment to lnclud_e : trlct, requests atter-the'.fact hardcover restoration requirements under Section ,,·. \tari_ances tor-the 0.-75' and 75'0250' zones , . 78-1285 regarding vegetation alterations .. 1. #05-3082 -Ames Construction on a Jake seiback variance to · permit a Jake ' · behalf of .Lakeview ·Golf Course , 405 setback bf approximately SO' when 75' Is North Arm Drlv_e; RR -1 B zoning district, norma,lly ~equlred, and ·· an average All persons wishing to be heard -are -requests _a cdnd ltlonal Lise permit In or.der lakeshore setback variance.• ·to order ·10 encouraged to attend this meeting . This Is ·. to place al)proxlrnately 6,000 .cubic yards · maintain an existing roof-top · deck, not a. final agenda .. and Is · subject . to of fill . on slfe which will ultimately relocate · · · . charige prior to the 'hearlng . Written corn- , -the existing -13th · green to · the south 7, #05-3092 -Matthew Hoffman· ;n · rnents are accepted and should be sub- approximately 50 feet · · .behalf of Camelot . Construction, Inc ., milted to the City of Orono by Match 16,· · .,,· -· · 1225 Dickenson Street, RR -1!3 zoning 2005 If possible, Plans a:re available -tor . _-2, #05-3085--Julle Kresllns on b~half · district,. requests lot -area, lot width ; and .review In the City Offices and ·all Interest-· 61 Jui' Anri . Hair , Fashions and building .side street setback variances In order to , ·ed perscihs are encouraged to contact the Affidavit o. Publication State of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper know'n as THE PIONEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable , laws, as amended. B.) The printed public hearings March 21 which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 12th day of March 2005, ,owner Aleck G, Overson , 3455 Shor,elin.e _construct a new residence on an existing City for. further informat ion, . For an Drive, B -1 zon ing district, reqt1ests ._,a · lot. ·. . ,:,·. · appointment, please call (95_2)'249-4600 .. · commercial site plan review in . order -io· · : ,.· · and was thereafter printed and published every Saturday, to and including Saturday, fop.erate a beauty shop/hair salon out cif an, ' 8. #,05-3093 -Jeff Lindgren of _existing lower level vacant space loc;ated i: Streeter ,_ahd As·soclates on . behalf on at the rear of the -building .· Michael and Berl! Francis, 2995 "Watertown Road, RR -1 B zonlrig district, . 3·. #05-3086 -Philip and Ca:ssandra l · requests a conditional use permit In order · . Ordway, 1. 145 -Sixth Avenue North, LR" -to construct an accessory building with 1A zoning district, request -a top of bluff plumbing.. · setback variance In order to construct a new res idence encroaching the required 9. #05-3095 -Minnetonka Portable · 30' top of bluff setback,-· Dredging on behalf of Gregg Ste lnhafel, 2265 North Shore Drive, LR -1A zoning district, requests a conditional use permit for a permanen_t dock. 4 .. #06-3089 -Theodore and Deborah Roseboom , 2967 Casco Point _· ~-~,a~ ;r,--~ ; } C._ ~R~!~~' ~.\strjc~ i'J?i~~~\an City of Orono . By:· Plann ing Comm iss ion · · Michael P. Gaftron_, Plann ing Director Posted at: Orono City Offices • Crystal Bay Post Office · Long .Lake Post Office Navarre Post Office the 12th day of March 2005; Authorized Agent (Published In .The Pioneer March 12, ,,:2o?5 l :;:; '1 , " 12 day of March, 2005. By:~~w Notary Public e SUSAN A. FLOHRS NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01-31-2010 Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $15.50 per inch . (2) Maximum rate allowed by law for above matter: $15 .50. (3) Rate actually charged for above matter : $7 .96 per inch. Each additional successive week : $5 .79. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #05-3089, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 11 th day of March, 2005. /~1 ~·-/j / /.i / // J . I / _.,-7 ~4/1,,, / _,, .. ,:./ / _ _1[_jP,:'..<:1//~/..£6..:. LiC4:2:,U".c_~~···A~!.::.:...·/,s;~~===--. Denise M. Leskinen RUN DATE: 2/15/2005 38 2011723310036 lOP ADDR 2948 CASCO POINT RD .VNER NAME PAUL F JOHNCOX \.XPAYER PAULF JOHNCOX <\ME/ADDR 2948 CASCO POINT RD WAYZATAMN 55391 38 2011723310048 lOP ADDR 2933 CASCO POINT RD .VNER NAME AUDREY A GALLISTEL \XPAYER AUDREY GALLISTEL <\ME/ADDR 2933 CASCO POINT RD WAYZATAMN 55391 38 2011723310063 lOP ADDR 2965 CASCO POINT RD WNER NAME K ERIC A BERG \.XPA YER K ERIC A BERG 11.ME/ADDR 2965 CASCO POINT RD WAYZATAMN 55391 38 20ll723340023 lOP ADDR · 2987 CASCO POINT RD .VNER NAME JAMES R & CATHERINE HARTZELL 1.XPAYER JAMES R & CATHERINE HARTZELL 11.ME/ ADDR 2987 CASCO PT RD WAYZATAMN 55391 fJ _IJ ,, if ~~;1;7::•n J i9 r\ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2011723310045 PROP ADDR 2975 CASCO POINT RD OWNER NAME S R & K K PERRY TAXPAYER STEW ART R & KATHLEEN K PERRY NAME/ADDR 2975 CASCO POINT RD WAYZATAMN 55391 38 2011723310060 PROP ADDR 2970 CASCO POINT RD OWNER NAME J & B MARTINSON TAXPAYER JERRY & BONNIE MARTINSON NAME/ADDR 2970 CASCO POINT RDS WAYZATAMN 55391 38 2011723310064 PROP ADDR 2967 CASCO POINT RD OWNER NAME T & D ROZEBOOM TAXPAYER THEODORE & DEBORAH ROZEBOOM NAME/ADDR 2967 CASCO PT RD WAYZATAMN 55391 38 2011723340027 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME JAMES R & CATHERINE HARTZELL TAXPAYER JAMES R & CATHERINE HARTZELL NAME/ADDR 2987 CASCO POINT RD WAYZATAMN 55391 38 2011723310047 PROP ADDR 2941 CASCO POINT RD OWNER NAME CO MIDTHUN & KA MIDTHUN TAXPAYER CURTIS & KATHLEEN MIDTHUN NAME/ADDR 2941 CASCO POINT RD WAYZATA MN 55391 38 20ll 723310061 PROP ADDR 2980 CASCO POINT RD OWNER NAME SUSAN F GIESLER TAXPAYER SUSAN GIESLER NAME/ADDR 2980 CASCO POINT RD WAYZATAMN 55391 38 2011723310065 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO TAXPAYER THE CITY OF ORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 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 TAXPAYER-SERVICEg DEPARTM-EN_ 'f~}-TOM~E __ µE -- OF MY KNOWLEOOE AND BELIEF. ,-') 11 c:: / riS / --'7' / / VJ17/;7 .h/ ,./ ·-· DATE 0/ ~ ( U BY ./ . / y / ,_.,{;:;//2#-,, -· L/ / i (/ ~- PAGE: I CITY OF ORONO 2750 Kelley Pm-kway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Cotnmission will hold public hearings in the Orono Council Chambers at 2780 Kelley Patkway on M011day, March 21, 2005, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: 1. #05-3082 2. #05-3085 3. #05-3086 4. #05-3089 5. 6. #05-3091 7. #05-3092 8. #05-3093 9. #05-3095 10. #05-3096 Ames Consh-uction on behalf of Lakeview Golf Course, 405 North Arm Drive, RR -lB_ zoning dishict, requests a conditional use permit in order to place approxiinately 6,000 cubic yards of fill on site which wili ultimately relocate the existing 13 th green to the south approximately 50 feet. Julie Kieslins on behalf of Jul Ann Hair Fashions and building owner Aleck G. Overson, 3455 Shoreline Drive, B -1 zoning dishict, requests a commercial site plan review ii1 order to operate a beauty shop/hair salon out of an existing lower level vacant space. located at the rear of the building. Philip and Cassandra Ordway, 1145 Sixth Ayenue North, LR-lA zoning . dishict, request a top of bluff setback vaiiance in order to construct a new residence encroaching the _required 30' top of bluff setback. Theodore and Debotah Roseboom, 2967 Casco Point Road, LR -1 C zoning · disti.ict, request an average lakeshore setback va1iance and hardcover variances for the 75'-250' and 250'-500' zones in order to expand the existing residence footprint four feet to the southwest, or towards the lake. Tin1 Latternet of Dock and Lift, foe. on behalf of Jeff Engler, 2760 Shadywo·od Road, LR -lB zoning distdct, requests a conditional use permit in order to co11struct a permanent dock. Cathe1ine Sallas, 3635 North Shore Drive, LR-lC zoning district, requests after-the-fact hardcover variances for the 0-75' and 75'-250' zones, a lake setback variance to pemlit a lake setback of approximately 50' when 75' is nonnally required, and an average lakeshore setback variance to order to tnaintain an existing roof4op deck. Matthew Hoffinan on behalf of Ca1nelot Consh-uction, Inc., 1225 Dickenson Street, RR -lB zoning district, requests lot area, lot width, and side sti-eet setback vaiiances ii1 order to construct a new residence on an existing lot. - Jeff Lindgren of Streeter and Associates on behalf on Michael and Berit Francis, 2995 Watertown Road, RR -lB zoning district, requests a conditional use. permit in order to constrnct an accessory building with plumbing. Minnetonka Po1iable Dredging on behalf of Gregg Steinhafel, 2265 North Shore Ddve, LR-lA zonii1g dist1ict, requests a conditional use pemlit for a permanent dock. Minnetonka Po1iable Dredging on behalf of Ben Faus, 550 Big Island, RS zoning dis1.Tict, requests a conditional use pemlit for a pennanent dock. 11. #05-3097 Gronberg and Associates on behalf of Hashem Abuldiadra, 1745 Fox Street, RR -lB zoning distlict, requests a preliminary plat in order to create six residential lots 011 one block including construction of a private roadway. 12. #05-3098 City of Orono, requests a zoning amendment to include testoration requirements under Section 78-1285 regarding vegetation alterations. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by March 16, 2005 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further i:nfonnation. For an appointment, please call (952) 249-4600. City of Oro110 ffe/4£ Michael P. Gaffr611, Planning Director To be published in the Laker and Pioneer on March 5, 2005. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office N ava1Te Post Office 2 TRACKING SHEET FILE NO. 05-3089 Staff: JM4\Le; SITE ADDRESS: 2967 Casco Point Rd. Applicant: Theodore & Deborah Rozeboom Address: 2967 Casco Point Rd . Owner: Theodore & Deborah Rozeboom Address : 2967 Casco Point Rd. Wayzata, MN 55391 Wayzata, MN 55391 ~ Meeting with Staff Date: l-/ J'-1/bS ~ Application Completed Date : ?/14/rE 60 Day: 5/ll-1,/05 Incomplete Notice Sent Date : ~, 1 f 05 ·' 2l11/03 Copy of Application Sent to: _Engineer _ County DNR MCWD LMCD ~ Property Owners Notified: Date: 1J) \ I \O 5 rs/ LegalNoticePublished Date : 0\S){JJ1 ?Jl1"~)051 4}Z/ 05 ....-(""' PC Meeting(s): 2 jU)OS Vote: /No l£ ltJ-0 Y)\i)DS Vote: BPPf2.. 6-) Afttf,/1)}£/) fdt&lJ65T Vote : ------------------ l!f Notice of PC Action: __ l-J_,__,}_Jq__,/c..:..D~5 ___________ _ City Council Meeting(s): _l,J~/v~S__,__{~05~-----Vote : Af Pfl.. 4--0 Vote : -----------· _____ _ ___________ Vote: _____ _ r$,. Resolution :