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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 612-249-4600 TO: Ted and Judy Edin 3025 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 4/10/2000 COUNCIL ACTION -MOTION: ZONING FILE # 2543 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 4/11/2000 COPIES: VOTE: 5 FOR O AGAINST To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit prior to the commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than 4-10- 2001. 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. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 Park Commission Comments-Continued Halvorson stated that the Parks, Open Space and Trails ·commission met on Monday, April 3, 2000. They discussed the Park Maintenance and Improvements Plan, a 10-year maintenance and capital improvements plan. Each park is listed in the plan with proposed improvements. It has been submitted to the Council for review. The Commission \\ill take comments and concerns from the Council and address them at their next meeting. They would like to invite the Council and City staff to the Annual June Park Tour on June 5, 2000 at 5 :00 p.m. The Parks Commission is compiling a list of past Park Commissioners to go on a plaque that will identify all the people who have served the City in that manner. They have assigned the various Commission members to various active parks in the City. They will watch over the parks and serve as a contact for neighbors in the area. They also addressed the 39 lake access points in the City. They are identifying the attributes and needs of each. They also discussed the Navarre building plan. PLANNING COMMISSION COMMENTS-DALE LINDQUIST, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT *3. #2540 Bradley Hoyt, 2523 Kelly Avenue -After-the-Fact Conditional Use Permit and Variances-Resolution No. 4435 Flint moved, and Peterson seconded, to adopt Resolution No. 4435 approving an after­ the-fact conditional use permit per municipal code section 10.03, subdivision 21 and approving after-the-fact Yariances to municipal code section 10.22, subdivision 2, section 10.55, subdivision 8 and.section 10.56, subdivision 16 (L) for property located at 2523 Kelly Avenue. Vote: Ayes 5, Nays 0. *4. #2543 Ted Edin, 3025 Casco Point Road-Variance--Resolution No. 4436 3 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 *4. #2543 Ted Edin, 3025 Casco Point Road-Variance-Resolution No. 4436-­ Continued Flint moved, and Peterson seconded, to adopt Resolution No. 4436 granting variances to municipal zoning code section 10.03, subdivision 14 (C); section 10.22, subdivisions 1 (B) and 2; and section 10.56, subdivisions 16 (C) (6) and 16 (L) (2). Vote: Ayes 5, Nays 0. *5. #2551 Thomas Randgaard, 2765 Shadywood Road-Conditional Use Permit­ Resolution No. 4437 Flint moved, and ·Peterson seconded, to adopt Resolution No. 4437 granting a conditional use permit per municipal zoning code section 10.55, subdivision 9 (B). Vote: Ayes 5, Nays 0. 6. #2564 William Dampier, 3550 Ivy Place--Variance The applicant was present. Gaffron stated that the applicant wanted to add a two-story . entryway-.addition and a second floor expansion to the existing residence. The first-story walls and foundation would remain. The issues facing the application include the side setback. The minimum requirement for side yard setback is 10 feet. There is currently a 2.9-3.4 foot setback on the west side of the house. The addition would continue the existing substandard side setback. Lakeshore hardcover within 75-250 feet of the shoreline should be no greater than 25%. Currently the hardcover is at 55.4%. The proposed changes to the house would reduce hardcover in that zone to 48.9%. Also, the lot coverage allowed is 15%. The current house is at 16.8%, and the proposed changes would increase lot coverage to 18.7%. The deck on the lake side of the house has a railing that extends over 6 feet above the grade, hence the entire deck is counted as lot coverage . The Planning Commission reviewed the application and recommends denial of the application primarily because of the lot coverage issue. Since the Planning Commission meeting, the applicant has presented several options for changing the deck so that it would not be considered structural coverage. One potential solution requires a conditional use permit to build a retaining wall within a foot or so of the side lot line to create a terrace that would reduce the drop from the deck to 30 inches or less. Kelley stated he would prefer to table the application so it can go back to the Planning Commission or move on it as it stands. Dampier stated he was willing to return to the Planning Commission. 4 Application Date: 10/25/99 Completion Date: 10/25/99 Deadline Date: Waived by Applicant REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Item Description: #2543 Ted/Judy Edin 3025 Casco Point Road Variance DATE: 4/10/00 ITEMNO.: Lf Agenda Section: Zoning Zoning District: Lot Area: LR-lC 15,370 s.f. One Family Lakeshore Residential District (.5 Acre) (.35 acre) List of Exhibits: A Resolution B Notice of Planning Commission Action C Draft Minutes of Planning Commission Meeting (3/20/2000) D Staff Report and Exhibits of 3/20/2000 Application: The applicants have applied for variances to remove a second sto1y deck on the lakeside of the house. The deck, floor boards and joists that were built into the house originally are rotting. The existing deck extends 4' from the house and is the full width of the house, 54.2' for a total of 216.8 s.f. The applicant is proposing to remove 104 s.f. of the deck and adding a small section onto the deck, 91.45 s.f., to allow for a sitting area resulting in a total net reduction of 12.55 s.f. The house was built in 1959 at its present location and has not been added onto. The driveway is shared with neighbors through an easement and the lot is undersized for its zoning district. The requested variance is for: 1. Sectionl0.03, Subd. 14 (C): Lot Coverage: In all zoning district, for all lots 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. Variance Request: To permit 3,676.45 s.f. (23.2%) oflot coverage, where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed. 2. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: No principal structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Variance Request: To permit the deck to encroach 55' into the average lakeshore setback. 3. Section 10.22, Subd. 2, and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 6,118.45 s.f. (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 (25%) is allowed. PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (L) (2) FILE #2543 WHEREAS, Theodore R. Edin and Judith A. Edin (hereinafter "the applicants") are owners of the property located at 3025 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Tract A, Registered Land Survey No. 395, files of Registrar of Titles, Hennepin County, Minnesota, lying Northerly of the following described line: Beginning at the Southeasterly corner of Tract B; thence Southwesterly along a line drawn through a point on the base line shown on said R.L.S., 80.00 feet Northwesterly from its intersection with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka and there terminating: and That part of Tract B, said R.L.S. No. 394, lying Southerly of a line drawn parallel with and 50.00 feet Southerly from the Northerly line of said Tract B, said 50 feet being 50.00 feet measured along the Easterly line of said Tract B, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23.2%), where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the average lakeshore setback and Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of 6,118.45 s.f. (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 s.f. (25%) is allowed to permit replacement of an existing second story lakeside deck. Page 1 of7 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2543. 2. The property is located in the LR-lC Zoning District, where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of .35 acres or 15,370 s.f. 3. The Planning Commission reviewed this application on March 20, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. Lot coverage is being reduced from 3,589 s.f. (23.3%) to 3,576.45 s.f. (23.2%). B. Hardcover in the 75-250' setback area is being reduced from 6,960 s.f. (77.11%) to 6,118.45 s.f. (67.7%). C. The lot is unusually small and narrow for the LR-lC zoning district. D. The residence was built prior to the current zoning standards. E. Encroachment into the average lakeshore setback will not adversely affect the neighboring property. Page 2 of7 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23.2%), where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the average lakeshore setback; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of 6,118.45 s.f. (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 s.f. (25%) is allowed to permit replacement of an existing second story lakeside deck. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The applicant shall remove plastic from rockbed on the property within 90 days of receiving a building permit. Page 3 of7 3. The applicant is advised that the hardcover items and percentages approved with this resolution are approved only in conjunction with the approved plan, and this approval does not intend to grant approval for any other future plan that may be proposed in the future at the same hardcover percentage. 4. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 10, 2001). 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. Page 4 of7 Adopted by the Orono City Council on this 10th day of April, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ , 200_ before me a Notary Public within and for said county, personally appeared __________________ _ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ , 200_ before me a Notary Public within and for said county, personally appeared __________________ _ knoWI: to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of7 '"o ~ (I) -....:i 0 >-+, -....:i \\. --~ ----', ---\ f/1)'••· ---cs> • •.. \~~ ·~~•€.··· -----~ ~ ~,-...4•A'l. ___ '-" e " ---~'$ ----\ ~~ ..-,,-:---' ..,,_. .-I \ , •• ~ ---Y. I --\ -----;, ~ \ .... ~-_/--L.----,o -i-I _/-~ \.-'• ~N(j __ /- \ I _/ \ /- ~ ~ \ I /,- $ ~ ~ '$ /-- .S::'i:i \ .-I ,• a> .-cs:: ' ,,/ bt"'\"' .... €. •• ~ t ,,/ _'),qfiJ•,q)'J,.~ \ ~ ,,/ -:,,,'I.•'),°-> I _/ ~ \ -\ _/-· ~ ,/· 'v-·/' CONSTRUCTED 61 PANELCRAFT OF MINNESOTA, INC. if­ ~ ..t: ()) ,, N w+• 5 SITE PLAN SCALE: 111 = 30' 00-008'3 JOBNLD'16ER TED ~ JUD"I" EDIN CUSTa1ER NAME 3t2>2S CASCO POINT ROAD STREET tT'.1 WAYZATA. MN S!:13'31 CITY :x: E,12-411-8621 l-la1E PHONE g: O"' NIA WORK PHONE (1-115) .... ..... NIA WORK PI-IONE (I-IER5> · ► DECK ADDITION CONSTRUCTION T"rPE D0\.16 SELLE : SALESMAN NIA PROJECT MANAuER BRANDON RUITER DESIGNED 6"1" FEBRUARY 14, 2t2>00 1 DATE (!) , 1ST REVISION (!) 2ND REVISION •008S-EDIN-AI- ' BJR CITY OF ORONO P.O.Box66 Crystal Bay, MN 55323 612-249-4600 TO: Theodore R. Edin 3025 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING March 20,2000 ZONING FILE # 2543 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 3/21/2000 COPIES: VOTE: 5 FOR O AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on April 10, 2000 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 Hawn stated she would like to see the Applicant take steps to improve the situation and become better neighbor. Nygard commented the LMCD does govern how many docks are allowed per feet of s Randgaard stated he owns approximately 600 feet of shoreline, with the second ck being permitted according to the LMCD. Randgaard indicated he will not be parking a boat _ north side of the dock extension. Berg encouraged the Applicant to become a good neighbor. Nygard commented he personally measured the area and fo nd approximately 75 feet between the dock and the opposite shoreline, and questioned wheth the Applicant felt there would be problt}rris with navigating the channel. Randgaard indicated in his view there should ot be any navigational problems in the channel. Lindquist moved, Hawn seconded, to -ecommend approval of Application #2551, Thomas Michael Randgaard, 2765 Shady , od Road, granting of a conditional use permit to allow _ a 14 foot extension to an exi ing dock subject to the conditions outlined in the March 20, Weinberger stated h , will assume the maximum boat kept on this dock will not exceed 40 feet. Hawn comment -cl in her opinion the boat could not be larger than that without causing navigational problems. Kluth mended the motion, Hawn seconded, to require a permit be obtained on the cond dock . VOTE ON AMENDMENT TO MOTION: Ayes 5, Nays 0. VOTE ON THE AMENDED MOTION: Ayes, 5, Nays 0. (#2) #2543 TED EDIN, 3025 CASCO POINT ROAD, VARIANCES, 6:49 p.m. -6:53 p.m. Ted Edin, Applicant, appeared before the Applicant. Bottenberg stated this application has appeared before the Planning Commission on two prior occasions where the application was tabled to allow the Applicant time to redesign a lakeside deck Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 to conform more w ith Orono's zoning code . The Applicant has appl ied for variances to replace an existing second story deck on the lakeside of the house due to its deteriorating condition . The deck extends four feet from the house and is the full width of the house. In addition to replacing the house , the Applicant is proposing to add a small section on t o the deck approximately 8' by 12' to allow for a sitting area . Variances to structural coverage, hardcover .in the 75-250' setback, and average lakeshore setback are required on this application . Botten berg noted the Applicant has reduced the size of the proposed deck by 12.55 square feet, which reduces structural coverage from 23 .3 percent to 23 .2 percent. The Applicant is also proposing to reduce hardcover from 77 .11 percent to 67.7 perce,,t.' The redesigned deck will not encroach further into the average lakeshore setback and will be located approximately 24 feet from the property line. Bottenberg stated the ex isting deck encroaches 55 feet into the average lakeshore setback . Edin had no comment regarding his application . Hawn acknowledged this process has been somewhat frustrating for the Applicant , noting she is pleased with the proposed changes . Nygard and Berg stated they also liked the proposed changes . There were no public comments regarding this application . .. Nygard moved, Kluth seconded, to recommend approval of this Application #2543, Ted Edin, 3025 Casco Point Road, to allow variances to structural coverage, hardcover in the 75'to 250' setback, and_ average lakeshore ·setback, subject to the conditions outlined in the March 20, 2000 City Planner's Report. VOTE: 5-0. NERSTONE NEW TESTAMENT CHURCH, 850 WAYZATA BOULEVARD ; Page 4 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE: March 20, 2000 SUBJECT: #2543 Ted Edin 3025 Casco Point Road Variances --Public Hearing Zoning Di:strict: LR-IC One Family Lakeshore Residential District (.5 Acre) Lot Area: 15,370 s.f. (.35 acres) List of Exhibits A Application B Revised Site Plan C Letter to applicant explaining hardcover and structural coverage D Average Lakeshore Setback E Plat Map F Location Map G Planning Commission Minutes (January 19, 2000) H Staff Report (January 19, 2000) I Planning Commission Minutes (November 15, 1999) J Staff Report (November 15, 1999) Pertinent Code Sections: 1. Section 10.22, Subd . l(B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: No principal structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Variance Request: To permit the deck to encroach 55' into the average lakeshore setback. 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75- 250' of the shoreline here shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 6,118.45 (67.7%), where 6,960 s.f. (77.11 %) exists and 2,256.5 s.f. (25%) is allowed. #2543 Ted/Judy Edin 3025 Casco Point Road Variance 3/20/20 00 Page 1 D 3. Section 10.03, Subd. 14 (C): Lot Coverage: In all zoning districts, for all lots of0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15%ofthelotarea. Variance Request: Topermit3,576.45 s.f. (23.2%)oflotcoverage, where3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed. Planning Commission Recommendation and Application Summary: The Planning Commission voted on November 15, 1999 and January 19,2000 to table the application so the applicant could redesign a lakeside deck to conform more with Orono's zoning code. The applicants have applied for variances to replace an existing second story deck on the lakeside of the house. The deck, floor boards and joists that were built into the house originally are rotting. The deck extends 4' from the house and is the full width of the house (54.2'). In addition to replacing the existing deck the applicant is proposing to add a small section onto the deck. The section would be approximately 8' x 12' to allow a sitting area. The house was built in 1959 at its present location and has not been added onto. The driveway is shared with neighbors through an easement and the lot is undersized for its zoning district. Brief Summary of proposed changes: The applicants were advised by the Planning Commission to stay within the square footage of the existing deck with no increase in structural or hardcover coverage on the lot. The new site plan (Exhibit B) is attached. The Planning Commission tabled the application at the request of the applicants. The applicants have revised the plans addressing the following concerns: • Structural Coverage: The existing structural coverage for the lot is 3,589 s.f. (23.3%), including the existing deck which is 216.8 s.f. The redesigned deck is 204.45 s.f., a reduction of 12.55 square feet. The reduction of the deck reduces the structural coverage on the lot to 3,576.45 s.f. (23.2%). A variance is still needed for lot coverage. • Hardcover Coverage: The hardcover percentage in the 75-250' setback area is currently 6,960 s.f. (77.11 %). The removal oflandscape fabric on the lot (829 s.f.) and redesign of the deck reduces the hardcover from 6,960 s.f. (77.11 %) to 6,118.45 s.f. (67.7%). A variance is still required for hardcover within the 75-250' setback area. • Average Lakeshore Setback: The redesigned deck does not encroach further into the average lakeshore setback. It will be located approximately 24' from the property line and will not hinder the adjacent neighbor's views of the lake. Because of the unusual lot configuration to the north, the existing deck encroaches 55' into the average lakeshore setback. (See Exhibit D). A variance is still needed for average lakeshore setback. #2543 Ted/Judy Edin 3024 Casco Point Road Variance 3/20/2000 Page2 ANALYSIS Lot Area: LR-lC Lot Area Lot Width Required 21,780 s.f. (.5 acre) 100' Actual 15,370 s.f. (.35 acre) 50' Hardcover Calculations: Distance from Total Area in Allowed Existing Proposed Shore Setback Hardcover Hardcover Hardcover 0'-75' 6,344 s.f. 0 s.f. (0%) 628 s.f. (9.9%) 628 s.f. -no change 75'-250' 9,026 s.f. 2,256.5 s.f. 6,960 s.f. 6,118.45 s.f. (25%) (77.11%) (67.7%) Structural Coverage: Total Lot Size Total Structural Coverage 15,370 s.f. Allowed: 2,305.5 s.f. (15%) Existing: 3,589 s.f. (23.3%) Proposed: 3,576.45 s.f. (23.2%) Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The residence was built in 1957 in its current position. There have not been any additions or changes to the original residence. The lot and average lakeshore setback is unusual because of the lot configuration to the north. #2543 Ted/Judy Edin 3025 Casco Point Road Variances 3/20/2000 Page3 2. The joists of the deck are rotting and were built into the house and need to be replaced. 3. Other issues raised by the Planning Commission. Staff Recommendation: Staff makes the following recommendations: 1. Approve the variances for lot coverage, hardcover coverage in the 75-250' setback area, and average lakeshore setback. 2. A new survey to show revisions be submitted to City staff for approval before building permit will be issued. #2543 Ted/Judy Edin 3025 Casco Point Road Variances 3/20/2000 Page4 · , Application # 2 5 t./ 3 Date Received 10 -Z 5-1 Cf Amount Paid · z. 5"0 ~ CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 . ($50.0Q per each .additional variance) Renewal Variance Fee $150.o·o (no change from original application) Variance for non-conforming structures -$250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORl\-IATION Site Address ·3 o 'l, S C 6-5 c.c, ~ c~ uJCJ... ·z.-c.:£-- Property Identification Number (P.I.D.) o --/(1 ~ .l ~ 3'-i -ooo:}.._ , · Attach legal description to application if not included on required survey. · · Date P~ Acquired t-\ "'1 ~ s{ ) I • I~ 4 '"I . (month/year) I (do)~ also own th~ adjacent parcels of land. Present use of property: _.X_residential __ other (specify) _________ _ Zoning District: L R-\ L · APPLICANT Name · f'l v.> dore.-R ~ (::-~: ""- Address:· :;07-'i" Co-j{..o fr . IQ J O\"\L't"°ER (if different than applicant) "Kame . City: Phone (home) ________ ) f r\ ----------------Phone (work) , ... --,.;) r.J Address: ------------City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ (attach additional sheets if necessary) VARI.Ai~CES REQUIRED Lot Area Lot Width Setback: Front Side l{_ Hardcover Rear ------- __ Lot Coverage Average Lakeshore ___ Other (specify) ______________________ _ HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:. _______________ _ (attach additional sheets if necessary) 6 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: ,J_·l. I\ 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List ·of owners ·within 150', labels and plat map (you must obtain this ~. labels and ,El~ from Hennepin County Department of Finance, A-603, Govt Center, 348-5910).* Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes ·in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11"). List of the legal names (include marital status) of all persons with an interest in the prop~rty. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be . requested by City staff. The Applicant . and Property Owner must sign ·this application. Please remember that your · variance application is not complete if the above information _has not been included.· APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. \L ~~!)(}-· S:?n ~ (' Applicant's Signature -L~~~~~---~ts_~_CL_~<.~----Date __.J_o_(_· ';;l.,_)_/_q_q~ __ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for p ~ oses of · tigation and verification of this request. 'f' Owner's Signatur .,.. Date __ 1_0 4 /_i_)_,,.,..---j/_?_'1_,-- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 Theodore & Judith Edin -3025 Casco Point Road -Orono Description of Request -from page one A need to rebuild portions of the deck from second floor -home built in 1959 -Deck extends 4' from house, full width of house, with door leading directly from living room. As such it is the main and natural exit to the lawn and lake beyond the house. -Several underlying supports show signs of rotting -a danger in the near future -Surface of the deck was attached with regular nails, now some boards are rising at the end- point where they are attached and cannot be nailed flat any longer -nails do not hold down Some of the deck boards are showing cracks and curling on the outer edges Our request is to: Strengthen the supports where they are showing rot Replace the deck with boards attached properly with screws, spaced to drain water below Replace the railings with horizontal "spacers' most likely -installed to current code for spacers between each post Add a small section, approximately 8 'at the deepest point, and wide enough for a small table about 4' diameter and 4 small chairs. See two rough drawings as ideas for deck extension The entire roof overhang above the deck is very generous and collects the water from the roof which drains down on either side of the house, and into the ground/lawn beneath and either end of the deck. Our plans are to retain the lawn/grasses beneath the deck extension, with no hardcover added. The only area we have changed, involving hardcover, is behind the garage. The replacement was fabric with "slots"-draining the rain fall into the ground on purpose, to support the growth oflarge pine trees which grow along the north side, behind the garage. As a result, weeis do grow in the summer, but the pine trees do flourish. All rainfall on the south side of the home drains from the roof, above and beyond the rocks and plastic in this area, onto the grassy areas beyond them and drains into the lawn below the house on the lake side. The two drain pipes which accomplish this are in place at all times but are removed during the winter months so ice does not back up into the gutters above them. Likewise, the rain from the entire north side of the house/garage drains into gutters and is carried into the ground from two points at each end of the gutters. If necessary to make a trade-off we will remove the plastic from the area below the entire present deck and add a few plantings. 'if!)'··· -- __ .\O;i°:l •~'?,"'c:.··· ------~i4•4'2 ____ _ --------r·· ___ .....---\ ------' \ <s> ~ ~· ~i ;s'e .~~ ' tn .. \ •. -YI -----.., , ' _,,,) \---; ✓-- ~,5 .•~ ,,,.,,,,' ~ . / G EXISTINC, /,- 1-laJSE - ' ✓- ~. '\ ' -✓---. , -· / ~ ~ ', ~ .,. ... ~,..., \ .-\ / --l>-"' .... ' , :"\-~ .-; ✓-q/o'f.: ,;•~ 6 ~ ', ).! /,-__ :i: --i~© \ \\ ✓--c:fob'. ' , \ , -✓-- ' / 'l----✓-- CONSTRUCTED 61 FANELCRAFT OF MINNE50T A, INC. N W+E 5 SITE PLAN SCALE: 111 = 30' 00-008'3 JOB NUMBER TED 4 JUDY EDIN CUSTOMER NAME 3~2!:, CASCO POINT ROAD STREET WAYZATA, MN 553'31 CITY 612-411-8621 1-!0ME PI-IONE NIA WORK PI-IONE (1-115) NIA WORK PI-IONE (1-!ERSJ DECK ADDITION CONSTRUCTION TYPE DOUC:: SELLE SALESMAN NIA PROJECT MANAC::ER BRANDON RUITER DE516NED BY FEBRUARY 14, 2~00 DATE ~ 1ST REVISION ~ 2ND REVISION #008~-EDIN-Al­ eJR January 27, 2000 Ted and Judy Edin 3025 Casco Point Road Wayzata, MN 55391 Dear Mr. & Mrs. Edin: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Application #2543 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Per your request, this letter details Orono's zoning code regulations and options that were discussed at the January 19, 2000 Planning Commission meeting. Also enclosed are some explanatory materials regarding hardcover (structural and non-structural) and structural coverage, as well as a letter for you to sign and return to waive the standard 120 day review period. Hardcover The amount of total hardcover in the 75-250' setback area on your lot is currently 77.11 %. This includes structural hardcover (things that are constructed such as buildings, decks, etc.) and non-structural hardcover (surfaces such as landscape beds underlaid with plastic or weed control fabric, sidewalks, driveways, etc.). In this setback area, Orono's zoning code allows 25% total hardcover. By removing black plastic or landscape fabric in this area the non-structural hardcover will be reduced and the total hardcover amount will be reduced. City Council Resolution #4006 adopted in 1997 (attached) clarifies the City's intent that all plastic/fabric landscaping material be removed when variances are requested and existing hardcover exceeds the allowed percentages. Structural Coverage The structural coverage (the percentage of the entire lot area that is covered by structures) for your lot is currently 23.3%. The proposed bump-out on the deck will increase your structural lot coverage to 23 .9%. Orono's zoning code limits structural coverage to just 15% for lots less than 2 acres in size. The Planning Commission discussed the amount of structural coverage and hardcover existing on your lot, and how your proposal to replace the deck affects these calculations. Their comments included: • The hardcover percentage in the 75-250' setback area is currently 77.11 %. This is much higher than the allowed 25% and Planning Commission would like to see what can be removed to lower the number significantly. Removal oflandscape fabric behind the garage (829 s.f.) and conversion of this area to grass or a similar non-hardcover surface will decrease the hardcover amount to 68.9%. Telephone (612) 249-4600 • Fax (612) 249-4616 Ted & Judy Edin January 27, 2000 Page2 • The structural coverage currently is at 23.3% and Planning Commission would like to see it not increase above that percentage. To accomplish this, the proposed deck would need to be kept at the same square footage as what currently exists-216.8 square feet. Also, all parts of the deck and steps must be kept outside of the 0-75' setback area (Note that replacement of the deck at the existing square footage will still require a variance). Please sign and return the 120-day review period waiver letter. If you have any other questions, please feel free to call me at 249-4600. Sincerely, ttd.S 13-d.✓7 &?FJ J Wendy Bottenberg Assistant Zoning Administrator encl. TED EDIN .-s )IN R.L.S. NO. 394 MINNESOTA A & 8, COUNTY, ---~ -- ,·r, A,.\,. I ('_ ,.._, 1_ I ------£. ol' ,1'1-P..C' e. i<Ol'I-''°' \..~ J9A- 1'1-:-_..S i,.0- I'\ 7 404?..' s:;" le. I -- 'f_'f...\51\NG \ ••• s~~ • ii"'-\. \ • •• O..r., \-z. ...> '-"\ ~ ~\ CJ' <&> ~ t' ~<P- -- ------ STCl-,E •>.u. ,99.SO \ ; \~ .\ 2 75' SETBACK --">) __ _ --\ o~-bt-1 7). ~(j (i ~ ~ .~\, \ f\\c..9--<J ···\------: :~ ~ \ o:i "' \ -..l <->' • 0~ \ : \ \ \ \ I --,·r, A /',7· SURVE'r I I'.,-..,\_ I LINE AS SIIOWN ON RL.S NO. 394 q,> t.;'' ~ .n\ o.it ~ 'i:,b,o'J,,~ 0 rit}~~ _, ---~----•\ : \ \ \ \ \ A ,..., ,·r1 " ""•· I I'_,-..\\_ I (JI ...> q Lr 0'-: ot-.J ·oo 0-:. -- I' " \ --,,---, '~---~.!.;~ ,_ ~~---, ' _1,:,-- SE C~ TR,<CT S. f!.l..S. NO 394 -- ;:, C, ' ' :-..:0. ,.:,• .·\ > 36±-';i' ,.( ,' \. ----35± .. -:::-· - A ( 1 ) lo!\. 'It\. ':iv VAC DOC NO ( 18) .57 ( 1 2) PIO . "1.J.S,Q 0. ~ ~MJ ... t; i ~. _.. 4-l.EJW,IC PIO • Arm ood Point DEERING · .. SHADY ·· ;\. ~:-:-:,, ISLAND· / IS ... , .. "• .. . Crystal . . ... : · . .. . . .•· .. .B .. ... I• 1,• : -· . . . ~ . : -· . ' .... - ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (Recess taken from 9:20 p.m. -9:28 p.m.) PUBLIC HEARINGS, CONTINUED (#1) #2540 BRADLEY HOYT, 2523 KELLY AVENUE, AFTER-THE-FACT CO PERMITNARIANCE, 9:28 p.m. -9:31 p.m. The Certificate of Mailing and Affidavit of Publication were noted . The Applicant was not present. Hawn inquired whether the Applicant had submitted any additi application . Weinberger stated he has had very little contact with th Applicant , with no additional information having been submitted . Hawn noted this application has been called on o separate occasions, with no appearance by the Applicant or a representative on his be If. Hawn stated this application cannot be approved without the additional informatio eing submitted . Hawn inquired whether the 60 day rev · period needs to be extended . Tom Barrett, City Attorney , stated e City does have the right to extend the 60 day review period under State Statutes wit ut the Applicant's consent. Hawn suggested this appli tion be extended to allow the Applicant time to submit the additional information . Hawn moved, Klu seconded, to continue the denial of Application #2540, Bradley Hoyt, 2523 Kelly Aven e, After-the-Fact Conditional Use PermitNariance, and to return this matter back t the City Council for their review. Barrett n ed the Applicant has received two letters from the City outlining the requirements of the y relating to the variances. Barrett stated without the additional information being sub ted by the Applicant , a hardship has not been demonstrated and the application can be de 1ed. VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0. CONTINUED PUBLIC HEARINGS (#5) #2543 TED AND JUDITH EDIN, 3025 CASCO POINT ROAD -VARIANCES, 9:32 p.m. - 10:06 p.m. Ted Edin, Applicant, was present. Weinberger stated this application was tabled at the November Planning Commission meeting to allow the Applicant time to revise his plan in an effort to reduce hardcover. Page 18 G- ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2543 Ted and Judith Edin, Continued) Weinberger stated the Applicants are proposing to replace an existing deck and adding a small bump-out section, 8 feet by 12 feet, to serve as a sitting area, and remove 829 square feet of hardcover in the 75-250' setback area. The Applicant is proposing to replace an existing second story deck on the lakeside of the house due to its deteriorati~g condition. Weinberger stated the hardcover in the 0-75' setback will remain at 9.9 percent, with the hardcover in the 75-250' setback being reduced from 77 .11 percent to 68.9 percent. The Applicant had indicated he would be agreeable to removing some of the existing rock and plastic underlayment located on the property. Weinberger noted the overall structure coverage will increase from 23.3 percent to 23.9 percent with the added bump-out section. Weinberger noted the Applicant has submitted a letter addressing hardship. City Staff is recommending approval of the variances to rebuild the deck to the same dimensions as what currently exists. City Staff is not recommending approval of the bump-out section to the deck due to the increase in the amount of structural coverage on the property. Edin stated due to a shared driveway, his property has higher than normal hardcover. Edin noted at the last Planning Commission meeting he was told to reduce the hardcover, which he has done in the 75-250' setback. Weinberger remarked that this is the same basic proposal that was presented to the Planning Commission at its November meeting. Weinberger stated the application was tabled to give the Applicant time to review his application and to make the necessary changes. Nygard noted the minutes from the November meeting reflect that the Applicant was asked to reduce hardcover. Edin indicated he is unable to reduce hardcover any further. Hawn stated she has concerns regarding the amount of hardcover and structural coverage on the property. Hawn indicated the Planning Commission tends to adhere to the 15 percent structural coverage requirement. The Applicant was advised that he would probably be allowed to replace the existing deck due to its poor condition but would probably not be allowed to add to the size of the deck due to the increase in structural coverage on the property, which presently exceeds the amount allowed on the property. Hawn stated the Applicant will need to reduce the size of the deck in order to reduce the amount of structural coverage. Edin stated the amount of structural coverage on the property was not discussed at the last meeting. Smith stated the Planning Commission will allow the Applicant to replace the existing deck to the same dimensions. Weinberger pointed out the Planner's Report, which was provided to the Applicant, does refer to a variance for structural coverage. Weinberger stated Staffs recommendations remain the same. There were no public comments regarding this application. Kluth inquired whether the structural coverage could be reduced on this property. Edin reiterated he was not aware the structural coverage needed to be reduced. Page 19 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2543 Ted and Judith Edin, Continued) Stoddard commented he would like City Staff to take the time to discuss this application with the Applicant, especially regarding the issues relating to hardcover and structural coverage. Kluth commented the minutes reflect the Applicant was requested to reduce hardcover on the property. Kluth inquired whether the Applicant intends to change the lower deck at all. Edin stated the lower deck will remain the same. Edin inquired what constitutes structural coverage versus hardcover. Hawn stated the building or residence is considered structural coverage. Edin requested he be allowed to build the deck as proposed since structural coverage was not discussed at the previous meeting. Kluth stated the minutes reflect that rock and plastic are not considered hardcover. Kluth indicated the reason for requesting hardcover be reduced is to reduce water runoff into Lake Minnetonka. Kluth commented the Planning Commission does encourage residents to replace old, deteriorating decks, but that they need to comply with structural coverage and hardcover limits as much as possible. Edin reiterated structural coverage was not discussed at the November meeting. Hawn stated apparently there has been a failure in communication, but that the Planning Commission does require Applicants to adhere to structural coverage and hardcover limits as much as possible. Hawn stated the Applicant will probably be allowed to replace the existing deck but would not be allowed to increase the size of the deck. Kluth inquired whether the Applicant would be willing to work with City Staff to resolve this issue. Smith stated the Applicant will need to stay within the existing dimensions of the deck, with no increase in structural coverage and/or hardcover being allowed. Edin indicated he will not be in town for next month's meeting. Edin inquired whether he is required to do anything further with hardcover. Kluth stated City Staff and the Planning Commission is recommending that the existing deck may be replaced, with the structural coverage limit remaining the same. Nygard indicated rock and plastic are considered hardcover. Weinberger inquired whether he would like this to be scheduled for the February 23 Planning Commission meeting. Edin requested the matter be scheduled for March. Stoddard suggested this application be tabled tonight to allow the Applicant time to discuss hardcover and structural coverage with City Staff. Hawn indicated removal of rock and plastic underlayment will not be counted towards any reduction in structural coverage. Page 20 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2543 Ted and Judith Edin, Continued) Mayor Jabbour commented the Applicant will not be allowed to increase hardcover in the 0-75' setback. Hawn stated the Applicant will also need to stay out of the average lakeshore setback as well. Stoddard moved, Hawn seconded, to table Application #2543, Ted and Judith Edin, 3025 Casco Point Road, Variances, to allow the Applicant time to submit revised plans reflecting a reduced structural coverage limit. VOTE: Ayes 5, Nays 0. (#7) #2551 THOMAS MICHAEL RANDGAARD, 2765 SHADYWOOD ROAD - CONDITIONAL USE PERMIT, 10:07 p.m. -10:30 p.m. Tho as Randgaard, Applicant, was not present. Weinbe er stated the Applicant is requesting a conditional use permit to permit a 14 foot extension an existing dock. The dock is located in Lake Minnetonka and is under the jurisdiction o he Lake Minnetonka Conservation District. The LMCD approved the Applicant's permit in June, 999. The LMCD permit indicates there is 120 feet between the permanent dock and the opp ite shore. Weinberger indicated e permit for a permanent dock was issued in 1993. City Staff is recommending proval of the conditional use permit to permit a permanent dock extension of 14 feet, subject t the following conditions: 1. The Applicant maintains an act1 license with the LMCD. 2. The dock does not cause navigation problems or obstruct access within the channel. 3. Future replacement or alteration of the do will require a new conditional use permit from the City of Orono. Weinberger stated there is nothing within the City's de which prohibits docks from being located on a resident's property. Jim Zimmerman, 2745 Shadywood Road, stated he has se a letter, along with Nick Ogle, to the City outlining their concerns regarding this application. ·mmerman expressed concerns regarding this dock application due to the use of this property as party house and not a live-in residence. Zimmerman stated an extension to the dock wil llow for increased boat traffic in the area, as well as the size of the boats being currently doc d at this residence. Zimmerman stated in his view there does not exist 120 feet between the p manent dock and the opposite shore, and an extension to the dock would cause the channel to e narrowed even further, which causes concerns as it relates to the safe passage of boats t ough the channel. Zimmerman indicated this property currently has two docks located on the property, w · h is in violation of City Code. If this application is to be approved, Zimmerman requested the following conditions be added. Page 21 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE: January 14, 2000 SUBJECT: #2543 Ted Edin 3025 Casco Point Road Variances --Public Hearing Zoning District: Lot Area: LR-IC 15,370 s.f. One Family Lakeshore Residential District (.5 Acre) (.35 acres) This application requires the following variances: Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: No principal structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. To permit the deck to encroach 58' into the average lakeshore setback. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 7,032 s.f. (77.9%) where 6,960 s.f. (77.11 %) exists and 2,256.5 s.f. (25%) is allowed. Section 10.03, Subd. 14 (C): In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To permit 3,661 s.f. (23.8%) oflot coverage. Application Summary: The applicants proposal to replace an existing deck and adding a small bump out section, 8' x 12', was tabled at the November 15, 1999 Planning Commission meeting. The applicants are proposing to replace the existing deck, add the bump out section, and remove 829 s.f. of hardcover in the 75-250' setback area. The applicant is proposing to replace an existing second story deck on the lakeside of the house. The deck, floor boards and joists that were built into the house originally are rotting. The deck extends 4' from the house and is the full width of the house. In addition to replacing the existing deck the applicant is proposing to add a small section onto the deck. The section would be approximately 8' x 12' to allow a sitting area. The house was built in 1959 at its present location and has not been added onto. The driveway is shared with neighbors through an easement and the lot is undersized for its zoning district. #2543 Ted Edin 3025 Casco Point Road Variance 1/14/00 Page 1 ANALYSIS Lot Area: LR-lC Lot Area Lot Width Required 21,780 s.f. (.5 acre) 100' Actual 15,370 s.f. (.35 acre) 50' Hardcover Calculations: Distance from Total Area in Allowed Existing Proposed Shore Setback Hardcover Hardcover Hardcover 0'-75' 6,344 s.f. 0 s.f. (0%) 628 s.f. (9. 9%) 628 s.f. -no change 75'-250' 9,026 s.f. 2,256.5 s.f. 6,960 s.f. 6,227 s.f. (25%) (77.11 ¾) (68.9%) Structural Coverage: Total Lot Size Total Structural Coverage 15,370 s.f. Allowed: 2,305.5 s.f. (15%) Existing: 3,589 s.f. (23.3%) Proposed: 3,685 s.f. (23.9%)-(8'x12' added area) Statement of Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. #2543 Ted Edin 3024 Casco Point Road Variances PC-1/14/00 Page-2 Issues for Consideration: 1. The residence was built in 1957 in its current position. There have not been any additions or changes to the original residence. The lot and average lakeshore setback is unusual because of the lot configuration to the north. 2. The joists of the deck are rotting and were built into the house and need to be replaced. 3. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variances to rebuild the deck the same dimensions as exists. Exhibits A Application B Letter from applicant C Site Plan/ Survey D Plat Map E Location Map F Average Lakeshore Setback G Hardcover Worksheets H Property Owner's List I Permit Record #2543 Ted Edin 3025 Casco Point Road Variances PC-1/14/00 page-3 , Application #_2_5 ___ '-/ __ 3___,..... Date Received 10 -Z S::.. 1 Cf CITY OF ORONO -VARIAN CE APPLICATION Initial Application Fee $250.00 . ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures-$250.00 After-the-Fact Fees (Double application fee) Amount Paid Z. 5'" 0 C2l' ----- PROPERTY INF_ORi\iIATIOCN 0 _ . (i\ ,. 1 ..,.::t. ~r 3 G/ Site Address 3 o l, S o--S c..c, to ... ;;...+ f\ ca.-.1. , L,V'O--'f z_,· c:i_ .; ., c Property Identification Number (P .I.D.) ~ o -/ l J "."" .1 ~ 3 y --o O O d--.. , · 6i.ttach legal description to application if not included on required survey. · · · Date P~Acquired ~u1~sr )I. I'\ •H · (month/year) I (do)~ also own th~ adjacent parceis of land. . Present use of property: __i__residential __ other (specify) _________ _ Zoning District: L R-\ C.. · O\"'\'?\"ER (if different than applicant) "Kame City: ---------------- Phone (home) L/ 7 (-k '-J.. 7 Phone(work) _______ _ lvt::[ 2,-.,_"l'::c,...-. Zip: !>-.:)-3 9. f Address: -------------City: Zip: ___ _ DESCRIPTION OF REQUEST Descnoe request in detail: ---------z. t~,\) Estimated Construction Cost $ _______ \,D \,t ----------------------~h . •~¢~!'-Jl _________ (_a_tt-ac-h-ad-d-iti-.o-n-al-sh_e_e_ts_if_n_e_ce-s-sary_) __________ ~ .. 'i]~i' ------· ,; r:1, ·------VARIA.i'iCES REQUIRED Lot Area Lot Width l{_ Hardcover Rear Setback: Front Side Lot Coverage Average Lakeshore ___ Other (specify) ______________________ _ HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CO1'1llTIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:. ________________ _ (attach additional sheets if necessary) 6 Theodore & Judith Edin -3025 Casco Point Road -Orono Description of Request -from page one A need to rebuild portions of the deck from second floor -home built in 1959 -Deck extends 4' from house, full width of house, with door leading directly from living room. As such it is the main and natural exit to the lawn and lake beyond the house. -Several underlying supports show signs of rotting -a danger in the near future -Surface of the deck was attached with regular nails, now some boards are rising at the end- point where they are attached and cannot be nailed flat any longer -nails do not hold down Some of the deck boards are showing cracks and curling on the outer edges Our request is to: Strengthen the supports where they are showing rot Replace the deck with boards attached properly with screws, spaced to drain water below Replace the railings with horizontal "spacers' most likely -installed to current code for spacers between each post Add a small section, approximately 8'at the deepest point, and wide enough for a small table about 4' diameter and 4 small chairs. See two rough drawings as ideas for deck extension The entire roof overhang above the deck is very generous and collects the water from the roof which drains down on either side of the house, and into the ground/lawn beneath and either end of the deck. Our plans are to retain the lawn/grasses beneath the deck extension, with no hardcover added. The only area we have changed, involving hardcover, is behind the garage. The replacement was fabric with "slots"-draining the rain fall into the ground on purpose, to support the growth of large pine trees which grow along the north side, behind the garage. As a result, weeis do grow in the summer, but the pine trees do flourish. All rainfall on the south side of the home drains from the roof, above and beyond the rocks and plastic in this area, onto the grassy areas beyond them and drains into the lawn below the house on the lake side. The two drain pipes which accomplish this are in place at all times but are removed during the winter months so ice does not back up into the gutters above them. Likewise, the rain from the entire north side of the house/garage drains into gutters and is carried into the ground from two points at each end of the gutters. If necessary to make a trade-off we will remove the plastic from the area below the entire present deck and add a few plantings. a \ f\r ,.;,,'/-. ~ ' rr-ttf,., ~··· : / I I' i { l r ! I i ! l I I ! l I ' I i l ' I I I ' I ' I I I ! I i i _1 ! 1 ,- i I ! i I : ! ! i : ! i i ' : ! I i : J, i I ! I I ! I I ; I : : I I i I I I i 1 I 1 ' I fED EDIN #d'::>43 R.L.S. NO. 394 MINNESOTA A & B, COUNTY, .> -> 0 <J' V: ..;,,- \ q \ z -- .__L __ _ -{ ; r:: 'G, \ o:i .., \ -l '-" . 0~ \ : \1~ I I -----O• 1 '?,P.Ci S. _.,.-'<::: i,101<1'°' 1...~E- '?,.\..S i,10-;94 ,·r, ~ ,,,. 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NO. 394 MINNESOTA A & 8, COUNTY, ---~ ... -...... ... ... ,·r, I\ ,., -,. I 1'"\_ ,._, \ -I ... ... ---­... -... "«'<£. 0 ~ iR,._ci e. ~o~il-\ 1..: ~9 .,. l'l:-....S ~0- \-\ 11t O J,(l.' !:, "" t l ......... ('f.-\51\NG \ • •• s10tf. • 11>1-\. \ ••. O.i, \ -z. ...,> V'\ ~ ':. \ (J\ u> ~ 75' ... ... ...... ,99.BO ...­... - STCI< W,lL.l. \ ; \~ .\ z _ ... SETBACK --'j __ ... 11. ... ... ... \ --... -i.o'o·tir1 ~ ...-:-.... \(9, 'c>\f\~ (e,, ~t '11 ·"' rl, \0--'-.L------:{ :~ ~ \ co ·.o \ -.l <,' • 0~ \ : I \ I 7·r, A l''\7" SURVE'r I I'. t-\ \ _ I LINE AS $1 IOWN ON RLS NO. 394 o,> u~•')..i o fle}~~ _, ---"'---­---•\ : \ . \ . • ... -··· \ \ \ \ \ 'b \ ~\ \ :. : ·i'• ,' C .; . ..-·~G. ;.! .. ''"·"' A ,..., ' ' ,·r1" ,,,. I I'./-\ I_ I 0) ' -> q ~ (j\ -': ~~ 0 -:: -- I' ' ,_ ----,1 -... ...,.,_ .,,.,.--... ,.'1 • 1··-~""""1 .... -V,5'·-· ... ---· -. -­... -Ft;.-- S£ COR Tll}.CT B. R.L.S. NO li< ;:; ...... \\ llAlUJLU \' t.~L\.., l.J L:\. l 1Ut, I\ Ui\.l\...'.:,Ul'.,lc., l TE# (;L}.,t/V' SETBACK ZONE: (CIRCLE ONE) C:2.V 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House 8. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X X X X X X TOT AL HARDCOVER rN ZONE TOTAL PROPERTY AREA fN ZONE A ______ 7 B PROPOSED HARDCOVER IN ZONE. A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X X X X X TOTAL HARDCOVER rN ZONE TOT AL PROPERTY AREA IN ZONE A ______ 7 B Width X 100 Width X 100 ----- 13 ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ------ __ 2_,,B"---__ S.F.-(Ot-lC..RHE' SL: S.F. ------ 1:>8 S.F. -Ot C1c ------4-0 S.F . .;...;STONE: 'WAL --~--- 4 '2.2.-' S.F. -ROCt<-ARf:A --~---______ S.F. S.F. ------ S.F. 628 ± S.F. A 6344± S.F. B 9.9 + % 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. B % A. House B. Garage C. Driveway D. Sidewalk E. .Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X ·x X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ B PROPOSED HARDCOVER IN ZONE. A. House B. Garage C.. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X ·X X X X X X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ B Width Width 13 X 100 X 100 = _'3_S--=-8----'Cf-S.F. -HOVS.f 624 S.F.-CONCR~Tf __ 2_2_0---'---S.F. ~STOl'-lf; WA t.1,, ----'-Z.=--7.L-__ S.F. -W OI() WAl..l- ______ S.F. _,:__14..!_7-!-,L_I _ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _____ S.F:··· 8,Zq S.F.-Roa< ARft~ ---=-=--'-----S.F, ~ .f TE P.5 ______ S.F. ______ S.F. 6Cf 60 i S.F. A 'J026 t-S.F. B 77 .. 11 :t % ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F.···· _____ · ss.-. ______ S.F. ______ S.F. ______ S.F. S.F. ------ ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. A ______ S.F. B % ------ Ill Ill :t RUN DATE 10/19/99 BATCH 506 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 20-117-23 34 0001 03035. CASCO POINT RD T BERTHIAUME/C KACHENMEISTER THOMAS B BERTHIAUME 3035 CASCO POINT ROAD WAYZATA MN 55391 38 20-117-23 34 0012 03045 CASCO POINT RD RA KASTENS & BC KASTENS RICHARD A/BARBARA C KASTENS 3045 CASCO POINT RD WAYZATA MN 55391 TAXPAYER TOTAL BATCH 506 00006 NAME/ADDR HENNEPIN-COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST ·38 20-111~23 34 0002 03025 CASCO POINT RD TR EDIN & J A EDIN THEODORE & JUDITH EDIN 3025 CASCO POINT RD WAYZATA MN 55391 38 ·20-117-23 34 0018 03055 CASCO POINT RD JOHN P DENNIS ETAL JOHN P & EVY C DENNIS 3055 CASCO POINT RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 18 38 20-117-23 34 0003 03015 CASCO POINT RD R G LAURIE ETAL R G LAURIE 3015 CASCO PT RD WAYZATA MN 55391 38 20-117-23 34 0024 03005 CASCO POINT RD JAMES R & CATHERINE HARTZELL JAMES R & CATHERINE HARTZELL. 2987 CASCO PT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ . DATE /iJ-r:PIJ-99BY s~ :t:. Permit No. 9to'l l;, 3CJ; 7f?d I <;?fc ~.5 PERMIT RECORD Date -, -18--73 0-;CJ -q t.j I-(-3 ~CJ(? /;;13-CJ(a 3oas-L{)_,,;-.JfJO 1:.J1-f?cl. I. Type of Permit /ft,okrq) ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 Bottenber stated the Applicant •is proposing to remove an existing second story deck and replace it wi a 10 .6' by 23.4' three season porch and 10.6' by 9' wood deck. This proposal would not increase ttl size of the space but would change the use. The space will consist primarily of the three season orch and a small portion on the end will be deck . Hardcover in the 75-250' setback area will r ain the same. Hedblom stated at the · e the house was originally constructed -in 1972/1973, it met all the required building codes a hat time . Hedblom noted the footprint of the house will not change with this proposal. Hedblom sta d he are interested in making the deck more usable by converting it to a three season porch. Hedblom tated his adjoining neighbors do not object to this project. There were no public comments. Lindquist inquired why City Staff was re om mending denial on this application . Botten berg stated Staff was recommending enial of this application due to the excessive hardcover that currently exists on the property . Hedblom noted that the hardcover will remain the Lindquist commented that there is some plastic under! ment that could be removed. Hedblom stated the plastic underlayment adjacent to the h se is there for drainage purposes , but he would be willing to remove it if requested to do so. Lindquist stated he would like to see the plastic underlayment re not have a problem with the hardcover Hedblom noted that the residence is under the structural coverage limits . Kluth stated he does not have a problem with the application. Lindquist moved, Kluth seconded, to recommend approval of Application 542, Bruce Hedblom and Carol Cline-Hedblom, 2601 Casco Point Road, granting of a van ce to lakeshore hardcover and granting of a variance to average lakeshore setback to ermit construction of a three season porch and deck to replace an existing deck, subjec to the removal of the plastic and permeable underlayment and rock. VOTE: Ayes 6, Nays 1. Stoddard stated he voted against this application due to the increased structure in the average lakeshore setback . · •. (#8) #2543 TED EDIN, 3025 CASCO POINT ROAD -VARIANCES, 10:41 p.m. -10:52 p.m. The Certificate of Mailing and Affidavit of Publication were noted . Ted Edin, Applicant, was present. Page 20 I ORONO PLANNING CO1\'L'11SSION MONDAY, NOVEMBER 15, 1999 (#2543 Ted Edin, Continued) Bottenberg stated the Applicant is proposing to replace an existing second story deck on the back on the house due to the deteriorating condition of the deck, floor boards and joists. In addition to replacing the existing deck, the Applicant is proposing to add a small section onto the deck. The section would be approximately 6' by 12' to allow for a sitting area. Bottenberg stated the driveway is shared with neighbors through an easement and the lot is undersized for this zoning district. Hardcoverwould be increased from 77.11 percent to 77.9 percent. Total lot coverage on the lot would also be increased to 23.8 percent. Chair Hawn noted that the Applicants are replacing an existing deck. Edin commented that due to the shared driveway being located on their property, the hardcover for the lot is high. Edin stated they would be willing to remove some plastic underlayment and rock in an effort to reduce the hardcover on the property. Chair Hawn stated she would like to see less hardcover on this property. Smith commented the reason for less hardcover is to reduce the runoff into the lakes and streams, noting that a deck is considered hardcover as well as landscaped areas. There were no public comments. Bottenberg stated there is not a lot of area where hardcover could be reduced. Stoddard stated the issue before the Planning Commission tonight is whether they should be allowed to build over an existing structure and whether the size of the deck should be increased. Chair Hawn stated she has a hard time allowing additional hardcover on this property. Edin stated he would be willing to reduce the hardcover if possible. Hawn suggested the application be tabled to allow the Applicant time to reduce the hardcover on the property. - Lindquist noted the Applicant currently has 77 .1 percent hardcover and 23.3 percent structural coverage, where 15 percent is allowed, which the Planning Commission would not like to see increased. Lindquist stated reduction of the deck would count towards reduction of hardcover but not plastic underlayment or rock. Nygard stated the plastic underlayment will still need to be removed by the Applicant. Chair Hawn stated the Applicant has a right to have his application heard within 60 days, and inquired whether he would be willing to waive the 60 days. Edin stated he would be willing to waive the 60 days. Berg moved, Kluth seconded, to table Application #2543, 3025 Casco Point Road, to allow the Applicant time to reduce hardcover on the property. VOTE: Ayes 7, Nays 0. Item #1 0 was heard after Item #11 Page 21 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2543 Ted Edin, Continued) E · :ten berg stated the Applicant is proposing to replace an existing second story deck on the b .. :::k on the house due to the deteriorating condition of the deck, floor boards and joists. In addition to replacing the existing deck, the Applicant is proposing to add a small section onto the deck. The section would be approximately 6' by 12' to allow for a sitting area. Bottenberg stated the driveway is shared with neighbors through an easement and the lot is undersized for this zoning district. Hardcover would be increased from 77 .11 percent to 77 .9 percent. Chair Hawn noted that the Applicants are replacing an existing deck. Edin commented that due to the shared driveway being located on their property, the hardcover for the lot is high. Edin stated they would be willing to remove some plastic underlayment and rock in an effort to reduce the hardcover on the property. Chair Hawn stated she would like to see less hardcover on this property. Smith commented the reason for less hardcover is to reduce the runoff into the lakes and streams. There were no public comments. Bottenberg stated there is not a lot of area where hardcover could be reduced. Stoddard stated the issue before the Planning Commission tonight is whether they should be allowed to build over an existing structure. Chair Hawn stated she has a hard time allowing additional hardcover on this property. Edin stated he would be willing to reduce the hardcover if possible. Smith suggested the application be tabled to allow the Applicant time to reduce the hardcover on the property. Lindquist commented that plastic underlayment and rock are generally not counted as hardcover. Nygard stated the plastic underlayment will still need to be removed by the Applicant. Chair Hawn stated the Applicant has a right to have his application heard within 60 days, and inquired whether he would be willing to waive the 60 days. Edin stated he wc-;..;ld be willing to waive the 60 days. Berg moved, Kluth seconded, to table Application #2543, 3025 Casco Point Road, to allow the Applicant time t9,reduce hardcover on the property. VOTE: Ayes 7, Nays 0. Item #10 was heard after Item #11 Page 21 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE: November 10, 1999 SUBJECT: #2543 Ted Edin 3025 Casco Point Road Variances --Public Hearing Zoning District: Lot Area: LR-IC 15,370 s.f. One Family Lakeshore Residential District (. 5 Acre) (.35 acres) This application requires the following variances: Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore Setback: No principal structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. To permit the deck to encroach 58' into the average lakeshore setback. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover: Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 7,032 s.f. (77.9%) where 6,960 s.f. (77.11%) exists and 2,256.5 s.f. (25%) is allowed. Section 10.03, Subd. 14 (C): In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To permit 3,661 s.f. (23.8%) oflot coverage. Application Summary: The applicant is proposing to replace an existing second story deck on the back of the house. The deck, floor boards and joists that were built into the house originally are ~g. The deck extends 4' from the house and is the full width of the house. In addition to ( replacing the existing deck the :#1plicant is proposing to add a small section onto the deck. The section would be approximately(6' x 12' to allow a sitting area. The house was built in 1959 and has 11 ,, 1r\fJ not been added onto. The driveway is shared with neighbors through an easement and the lot is \ (J, 1 [.,/ ' undersized for its zoning district. , #2543 Ted Edin 3025 Casco Point Road Variance 11/10/99 Page I ANALYSIS Lot Area: LR-IC Lot Area Lot Width Required 21,780 s.f. (.5 acre) 100' Actual 15,370 s.f. (.35 acre) 50' Hardcover Calculations: Distance from Total Area in Allowed Existing Proposed Shore Setback Hardcover Hardcover Hardcover 0'-75' 6,344 s.f. 0 s.f. (0%) 628 s.f. (9.9%) 628 s.f. -no change 75'-250' 9,026 s.f. 2,256.5 s.f. 6,960 s.f. 7,032 s.f. (25%) (77.11 %) (77.9%) Structural Coverage: Total Lot Size Total Structural Coverage 15,370 s.f. Allowed: 2,305.5 s.f. (15%) Existing: 3,589 s.f. (23.3%) Proposed: 3,661 s.f. (23.8%)-(6'x12' added area) Statement of Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. #2543 Ted Edin 3024 Casco Point Road Variances PC-J l/10/99 Page-2 Issues for Consideration: I. The residence was built in 1957 in its current position. There have not been any additions or changes to the original residence. The lot and average lakeshore setback is unusual because of the lot configuration to the north. 2. The joists of the deck are rotting and were built into the house and need to be replaced. 3. There are a number of landscaped areas with plastic underneath. 4. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variances to rebuild the deck the same dimensions as exists. Exhibits A Application B Letter from applicant C Site Plan/ Survey D PlatMap E Location Map F Average Lakeshore Setback G Hardcover Worksheets H Property Owner's List I Permit Record #2543 Ted Edin 3025 Casco Point Road Variances PC-Jl/10/99 page-3 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 (#2) #2543 TED EDIN, 3025 CASCO POINT ROAD, VARIANCES, 6:49 p.m. -6:53 p.m. Ted Edin, Applic~mt, appeared before the Applicant. Bottenberg stated this application has appeared before the Planning Commission on two prior occasions where the application was tabled to allow the Applicant time to redesign a lakeside deck to conform more with Orono's zoning code . The Applicant has applied for variances to replace an existing second story deck on the lakeside of the house due to its deteriorating condition . The deck extends four feet from the house and is the full width of the house. In addition to replacing the deck, the Applicant is proposing to add a small section onto the deck approximately 8' by 12' to allow for a sitting area . Variances to structural coverage, hardcover in the 75-250' setback, and average lakeshore setback are required on this application . Bottenberg noted the Applicant has reduced the size of the proposed deck by 12 .55 square feet, which reduces structural coverage from 23.3 percent to 23 .2 percent. The Applicant is also proposing to reduce hardcover from 77 .11 percent to 67 . 7 percent. The redesigned deck will not encroach further into the average lakeshore setback and will be located approximately 24 feet from the property line . Bottenberg stated the existing deck encroaches 55 feet into the average lakeshore setback . Edin had no comment regarding his application . Hawn acknowledged this process has been somewhat frustrating for the Applicant, noting she is ple ased with the proposed changes. -· ,,_ . .. , , . ·•~L-· . . en · ~ ·--~ ~ ~ Nygard and Berg stated they also likea the proposed changes . There were no public comments regarding this application . Nygard moved, Kluth seconded, to recommend approval of this Application #2543, Ted Edin, 3025 Casco Point Road, to allow variances to structural coverage, hardcover in the 75'to 250' setback, and average lakeshore setback, subject to the conditions outlined in the March 20, 2000 City Planner's Report. VOTE: 5-0. (#4) #2562 CORNERSTONE NEW TESTAMENT CHURCH, 850 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT AND VARIANCES, 6:54 p.m. -7:05 p.m. Dave Henderson, Cornerstone New Testament Church, appeared . Weinberger stated the Applicant is requesting a conditional use permit to permit a "church" on property located at 850 Wayzata Boulevard . The property currently has an existing building that was constructed in 1966 and utilized as a religious institution . A special use permit was granted in 1965 to permit the church use on the site . The current zoning code was adopted in 1975 permitting churches as conditional uses in the "R" Districts . The property is owned by adjacent property owners to the north who intend to lease the building to the Cornerstone Church group for an undetermined period of time thought to be two to four years . Weinberger stated a variance to the signage is required to permit a 32 square foot on the property, which exceeds the 12 square feet currently allowed under City Code . The Applicant is proposing parking for 30 cars. Required parking for a church is one space for Page 3 ___ .---\ ------' \ ••• \'>;,0;,f/1)' •• - ~n4•A'l'>:J:1"'€.··· -------,, ---------- . ~~ .;;e --"e ..., e \ ~ - \ f(\ ", \ . \ \ ---\ _.,,) ( -715 ., ~ -----------~ . ------e EXISTII-I::, ,- 1-lOUSE / ' --' / ~ ~ \ \ --------: I ,, \J'':3. ', "' \ / '-'!. ;;5 \ ":'• I ✓•• • t .-':: . --1,."\·· d • ' ~ ,/ -,([)'o· ,,,~ ~ I \ ' ., •"' ,(J)"'- \ \\ -----------~1,.•1.'? ' \ ------- ' -----,\,,,-------- ~CTED 61 FANELCR.AFT OF MINNESOTA, INC. -±f:: :ic54 3 kfctl. 3/t~{d(tr) N w+• s SITE PLAN SCALE: 111 = 30' 00-008'3 JOB NUMBER TED l JUDY EDIN CUSTOMER NAME 3cZ>2:, CASCO POINT ROAD STREET WAYZATA, MN !;,!;,3'31 CITY 612-471-8621 1-lOME Pl-lONE NIA WORK Pl-lONE (l-ll5) NIA WORK Pl-lONE (l-lER5) DECK ADDITION CONSTRUCTION TYPE DOUG SELLE SALESMAN NIA PROJECT MANAC:iER BRANDON RUITER DESIGNED 61 FEBRUARY 14, 2cZ>OO DATE cZ) 1ST REVISION 0 2ND REVISION lt008S-EDIN-A1- e.JR ~ I ic #2 179 nr;rna 's La r g es I & Bes I [(;me Improvement Company Plan Proposal Notes 1. Remove 104 Sq ft. front decking and floor joists starting at S.E. corner of home and running 26 feet to aproximately center of home. 2. Remove all existing and remaining rail from deck. 3. Remove old cedar dek boards from remaining e x isting deck surface. 4. Construct new 8'4" deep X 11'6" wide deck with angled corners per diagram. Total of 91.45 Sq. ft. Net proposed reduction is i ~ Sq ft. I ) a 5. Constuction materials on deck and new hand rail are to be of Ironwood decking material. 6. Setback is to be a minimum of 75 feet. 7. Proposal includes resurfacing of entire remaining e x isting deck and refacing and trimming home front. 8. Removal and disposal of all construction materials and clean up is included. Mission Statement: To Earn Customer Loyalty Business Office : 3118 Snelling Avenue • Minneapolis, MN 55406 Phone:(612) 721 -6628 • Fax:(612) 721-3136 Web Site : www.panelcraft.com Showroom: 3000 University Avenue SE • Minneapolis, MN 55414 Phone:(612) 617-2360 • Fax:(612) 617-2860 e-mail: panelcraft@panelcraft.com CONSTRUCTED BY PANELCRAFT OF MINNESOTA, INC. 5 SITE PLAN SCALE: 111 = 30' 0'2'>-'2'>'2'>8S JOB NUMBER TED 4 JUDY EDIN cue TOi""IER NAME 312'2:i CASCO POINT ROAD STREET WAYZATA, MN 553Sl CITY Ei12-471-8627 I-IOME PI-IONE NIA WORK PI-IONE (1-115) NIA WORK PI-IONE (I-IERSJ DECK ADDITION CONSTRUCTION TYPE DOU6 SELLE SALESMAN NIA PROJECT MANAGER BRANDON RUITER DE516NED BY FEBRUARY 14, 2'2'>'2'>'2'> DATE '2') 15T REVISION '2') 2ND REVISION #008S-EDIN-Al­ eJR Dl5CLAIMER NOTICE, I"~ IIIU !!IE IIE~ TO GAU 60l"'ta ITAT! CM! G.&Ll. • e-c .... TO I.OC,,lT! .tU. 9.RED fl\el.JCUTL.ITE6. WO!'EO&HE"AL.f!ll!fl!8f"'ICINMLE TOIT-'P::! CIR~ MT~A.TEIR6.~ IY&TE"II, ~ ~ T~(lwl6 0111; aEC. LM:i '!MAT "1t TO an-ell N..DtG6 tMereLI' ...,.,_ Feal. l"'IWVATE LkiiMl'tCSi: U1111E. ETC. 9EFON!: P"ME.• CIUFTCO"e:ITOITNff\llOIW.. P"AfrEl.0UF'l'ULLNOf' eN!:flllE~FQllt~TONff\N'Wll(fJC)QIII ~P'PWATELYOIINll!UIIIIE0U11JTD Ma"I!;• OtlEMIIIJ.!ll!le.OIIE~'OJIJIHT~ lWA.T NAT OC0..R M.60 ~ TO flll!l.CCA.TI N!II.IC QI l'M'ATE LIEI TNAT #I! N 1'E U.T 0, CCINtT. EXISTING l-lOU5E = . I I I t -, -1 ----:-------------4~----------------I.:') GENERAL NOTES: D. SEE DET AIL5 ON Sl-lEETS SPECIFIED I I I I I I I I ____ _J CONSTRUCTED BY PANELCRAFT OF MINNE50T A, INC. FOOTING FLAN 12" FTG. FLARED TO 18" il 42" BELOW GRADE TOP OF FTG. TO BE APPROX. 1/2" TO 3/4" ABOVE GRADE LINE (SEE DETAIL 3-A~) ete,e,es-ED IN-A2 - BJR GENERAL NOTES: I). SEE DET AIL5 ON SHEET5 SPECIFIED V. ALL 2x STRUCTURAL DECK FRAMING TO BE TREATED MATERIAL 3). ALL 6xb P05TS TO BE CEDAR / / / / / / EXISTING _ EXISTING JOISTS SYSTEM / HOU5E (PM. TO VERIFY CONSTRUCTION) //////////////////////////////////////////////////////////~A / . r , ! ')-t ~ ~ ~ -(T\~ ~ ~~ <ii ~~ <J) ~t(-~' ~ (' ,__J . f ~~::. ~~1 ~~-Jli\ f . I' I' '-(2) 2xl!Z> RIM JOIST ,_ t I' " I EXT. BD. 15 CEDAR I 12 11 FTG. FLARED TO 1811 '~ 2'-IZ)''-c' 1,,_l, ___ ,-_c',,--"' ~II I, ;2'-IZ)11 J~ tl 42 11 BELOJJ GRADE ________ _,,,_,,:___ _ _:__ ___ ~II 1 I.# TOP OF FTC:s. TO BE J t/ , (. " ~ . APPROX. 1/2" TO 3/4 11 ABOVE GRADE LINE (5EE DETAIL 2-Ab) CONSTRUCTED BY PANELCRAFT OF MINNE50T A, INC. #008S-EDIN-A3- BJR ? ti ~ ~ EXISTING ~ 1-lOUSE @ CD @ /////////// / ,/////// r//// ////////,. '/A,/ ' ' 7 I 7 I 7 !;;/4"x6" CEDAR DECKING I / I ./ I , I I I fr=-,-----------~ 11;:--" ... ~ I I I L EXISTING RAILING I CONSTRUCTION NOTES: IJ. P .C . TO DEMO APPROX . 104 S.QFT . OF EXISTING D ECK 2J. P.C. TO REPAIR FRONT STONE WO~ AFTER DECK DEMO 3). P .C. TO REPLACE DE CKING O VER Tl-IE EX ISTING FL OO R JO IST 3). P .C . TO CLEAN UP, REMO VE ALL DEBR IS GENERAL NOTES: IJ. SEE DETAILS O N SI-IEETS SPECIFIED 2 J. WINDOWS: AJ. EXISTING WIND OWS -VERIFY 3J. DOORS: IJ. EXISTING D OO R -VERIFY 4). PORCl-l FINISI-IES: IJ. ALL PA INTING, STA INING , SEALING 6"!' OJ.NER 2). ALL FL OOR FINISI-IES 6"!' OJ.NER 3J. ALL ELECTRICAL 6'1" OJ.NER 4). OJ.NER WILL BE RE5FCN5l6LE TO MEET STATE 4 LOCAL CODES FOR FIRE 4 SMOKE DETECTION SYSTEMS ~ ,, , CONSTRUCTED BY FANELCRAFT OF MINNE50T A, INC. I -VERIFY CONST RUCTION I I I I I I I ~ ,~·-2i"± I ~ I ,,, I / -!;;/4 "x6" CEDAR DECKING --,, I ~ / I ' I I ~ I ~ I ' I (() I I I I ~ '~' /~ c ~ ~ ) /// c ' // . ,, ~/ ... ' ' ,'®--------------------®> ' ;~, -· L 7'6{)-L~. _ .. ~· ,, ,, .. -'I ~II 'l•-7.# , , {t I(,,.(, FLOOR PLAN ~ 13\~ ~ ~ ' £:! .. ' ' q <• .. .. ' ' '008~-EDIN-A4- 6JR I I I I J \ T NEW CEDAR RAILING I I I I I I J \ J TT GRADE EXISTING DECK 'RAILING LEFT ELEVATION SCALE: 1/811 = l'-e.>11 CONSTRUCTED BY FANELCRAFT OF MINNESOTA, INC. 12" FTC:s. FLARED TO 18" e 42" BELOW C:sRADE TOF OF FTC:s. TO BE AFFROX. v2" TO 3,r.i" ABOVE C:sRADE LINE (&EE DETAIL 2-Ab) I I I I I I I I J \ J \ Ll.l Ll.l FRONT ELEVATION SCALE: 1/8"=1'-IZ>" EXISTING 1-lOUSE &T ANDARD CEDAR RAILINC:s I I I I I I I I J \ J \ TT GRADE GRADE I I I I I I \ J \ TT I I I I J \ T EXISTINC:s 1-lOU&E RIGl-ff ELEVATION SCALE: 1/8"=1'-IZ>" #008S-EDIN-A!?- BJR ----------------------------------------------------, 5/4"x6" CEDAR DECKING -----, 1/2" DIAx4" LONG LAG BOL T6 ~ 16" O.C. ST A6GERED TOP .t BOTTOM -~-;;11::.?Es:::::JS$:JC::2:;s:;l~S:::C~~ EXISTING JOISTS ---­ EXISTING RIM JOIST ------~, 2xl0 JOISTS ~ 16" 0.C. -------+--t--~ 6x6 CEDAR POST ------+-- @ DECK CONNECTION DETAIL Ab SCALE: 3/4 11 =!'-~11 z I:: SONO TUBE . . . __,__• 18'.i ••• . . . TYPICAL FOOTING DETAIL SCALE: 3/4"=1'-0" CONSTRUCTED BY PANELCRAFT OF MINNESOTA, INC. NOTE: ALL SCREWS TO BE STAINLESS STEEL 2X6 CEDAR TOP RAIL 2X4 CEDAR--------m~ SN6L.SCREUJ5 -----~ 2X2 CEDAR SPINDLE fil &" O.C.--- &14" X 6" CEDAR DECKING DOUBLE SCREWED TO JOISTS 2X TREATED DECK JOISTS DBL. SCREWS 2X TREATED RIM JOIST -~ 2X CEDAR EXT. RIM JOIST -- 6X6 CEDAR POST----- STANDARD RAILING DETAIL SCALE: 3/4"=1'-0" #c2)08~-EDIN-Ab- 6JR _,_/_2_1~~ _,2000 I Wendy Bottenberg City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Application # 2543 Ted and Judy Edin 3025 Casco Point Road Wayzata, MN 55391 We hereby request that the 120-day statutory review period for our variance application be waived, due to the need to redesign plans for replacing the deck. We release and waive the City's obligations to proceed and conclude review of our application within the 120-day period established by State Statutes. We will advise City staff when we wish to have this item brought before the Planning Commission. Ted Edin , ) /} lv~,,~ Date Date fr u.Jc cu Ct ( (' ("-"' 'N < /V\t!,·ef-r 1 -/4J61 Cu ~~v.( " January 27, 2000 Ted and Judy Edin 3025 Casco Point Road Wayzata, MN 55391 Dear Mr. & Mrs. Edin: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Application #2543 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Per your request, this letter details Orono's zoning code regulations and options that were discussed at the January 19, 2000 Planning Commission meeting. Also enclosed are some explanatory materials regarding hardcover (structural and non-structural) and structural coverage, as well as a letter for you to sign and return to waive the standard 120 day review period. Hardcover The amount of total hardcover in the 75-250' setback area on your lot is currently 77 .11 % . This includes structural hardcover ( things that are constructed such as buildings, decks, etc.) and non-structural hardcover (surfaces such as landscape beds underlaid with plastic or weed control fabric, sidewalks, driveways, etc.). In this setback area, Orono's zoning code allows 25% total hardcover. By removing black plastic or landscape fabric in this area the non-structural hardcover will be reduced and the total hardcover amount will be reduced. City Council Resolution #4006 adopted in 1997 (attached) clarifies the City's intent that all plastic/fabric landscaping material be removed when variances are requested and existing hardcover exceeds the allowed percentages. Structural Coverage The structural coverage (the percentage of the entire lot area that is covered by structures) for your lot is currently 23 .3 %. The proposed bump-out on the deck will increase your structural lot coverage to 23.9%. Orono's zoning code limits structural coverage to just 15% for lots less than 2 acres in size. The Planning Commission discussed the amount of structural coverage and hardcover existing on your lot, and how your proposal to replace the deck affects these calculations. Their comments included: • The hardcover percentage in the 75-250' setback area is currently 77.11 %. This is much higher than the allowed 25% and Planning Commission would like to see what can be removed to lower the number significantly. Removal oflandscape fabric behind the garage (829 s.f.) and conversion of this area to grass or a similar non-hardcover surface will decrease the hardcover amount to 68.9%. Telephone (612) 249-4600 • Fax (612) 249-4616 Ted & Judy Edin January 27, 2000 Page2 • The structural coverage currently is at 23.3% and Planning Commission would like to see it not increase above that percentage. To accomplish this, the proposed deck would need to be kept at the same square footage as what currently exists-216.8 square feet. Also, all parts of the deck and steps must be kept outside of the 0-75' setback area (Note that replacement of the deck at the existing square footage will still require a variance). Please sign and return the 120-day review period waiver letter. If you have any other questions, please feel free to call me at 249-4600. Sincerely, (,tdS 13--tt.✓7 G?rJJ Wendy Bottenberg Assistant Zoning Administrator encl. _____ ,2000 Wendy Bottenberg City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Application# 2543 Ted and Judy Edin 3025 Casco Point Road Wayzata, MN 55391 We hereby request that the 120-day statutory review period for our variance application be waived, due to the need to redesign plans for replacing the deck. We release and waive the City's obligations to proceed and conclude review of our application within the 120-day period established by State Statutes. We will advise City staff when we wish to have this item brought before the Planning Commission. Ted Edin Date Judy Edin Date CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.· 4 0 0 6 A RESOLUTION ESTABLISIDNG POLICY REGARDING THE HARDCOVER STATUS OF PLASTIC AND FABRIC LA.l~DSCAPING MATERIALS AND DEFINING THE DISTINCTION BETWEEN STRUCTURAL A.l"\'D NON-STRUCTURAL HARDCOVER WHEREAS, the City of Orono since 197 5 has regulated the use and placement of hardcover on land within I 000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other material which interferes to any degree with the direct absorption of rainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the I 000-foot regulatory zone into four tiered "hardcover zones" which are commonly referred to as "the 0-75' zone", "the 75-250' zone", "the 250-500' zone", and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcoYer, 25% hardcover, 30% hardcover, and 35% hardcover; and WHEREAS, .the City Council has long considered that plastic sheeting and weed control fabrics (hereinafter referred to as 'plastic or fabric') shall be considered as hardcover for the purpose of administering the hardcover ordinances, regardless of the extent to which such materials are actually permeable; and \VHEREAS, the City has neYer issued permits for placement of plastic or fabric on private or public property, and all such material where it currently exists in excess of the allowed hardcover percentages on any given property, is considered as non-conforming; and WHEREAS, the City is continuously faced with requests for variances to the hardcover ordinances wherein applicants are required to provide calculations identifying the various types and square footages of hardcover within a property; and \VHEREAS, hardcover variance requests are commonly reviewed by the City with the underlying intent that the percentage of hardcover be reduced from the pre-existing condition; and Page I of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 a"'f\O NO. , llJ '-' :~, '\,VHEREAS, property owners commonly request hardcover variances for which their proposal includes a reduction in the overall hardcover, but typically by an increase in the amount of 'structural hardcover' with concurrent removals of 'non-structural hardcover'; and ,vHEREAS, the City has not previously formally defined by ordinance or resolution the distinction between 'structural' and 'non-structural' hardcover, but has commonly considered such a 1istinction when reviewing hardcover variance requests; and '\,VHEREAS, the City Council finds that it would be beneficial to formally define the distinction between structural and non-structural hardcover; and '\,VHEREAS, the City Council finds that it is inappropriate to consider the removal of non­ conforming plastic or fabric as a good-faith hardcover reduction when considering hardcover variance requests; and '\,VHEREAS, the City Council finds that to the extent practicable, all non-conforming plastic or fabric should be removed from properties for which a hardcover variance is requested, to reduce the potential for 'trading' non-conforming non-structural hardcover to gain structural hardcover. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. Structural Hardcover shall be defined as those items of hardcover which require a building permit, which extend above the ground surface or into the ground, or which are constructed rather than placed. 2. Non-structural Hardcover shall be defined as those items of hardcover which do not require a building permit, which exist on the ground surface but do not extend substantially above or below grade, or which are placed on the ground surface rather than constructed. Page 2 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 f' 0 R. 3. The following items are considered as hardcover: Structural Hardcover Buildings Tennis courts Pools, incl. water surface Decks, regardless of spacing Roofs of any sort, incl. some roof overhangs Play structure platforms Temporary buildings Any vehicle, material, or equipment which prevents direct absorbtion of rainfall into the ground and which is stored for an extended period of time Non-Structural Hardcover Roads and shoulders Driveways (Concrete, asphalt, gravel, dirt) Sidewalks, ramps, etc. Any surface intended to be driven on Landscape beds lined with plastic sheeting Landscape beds lined with weed-prevention· fabric Tops ofrock or timber retaining walls Patios, stepping stones Porous pavements (various) 4. All plastic or fabric located in the 0-75' hardcover zones within the City is considered as non-conforming unless specific approval for same is granted by the City Council at some date after the adoption of this ordinance. 5. All plastic or fabric in hardcover zones other than the 0-75' zone is considered as non-conforming when the combined structural and non-structural hardcover in said zones exceeds the allowed hardcover percentages for said zones. 6. For any project that has been the subject of a hardcover variance approval, no building permit will be issued until all non-conforming plastic or fabric has been removed from the property. Hardcover calculations presented at the time of variance application shall reflect all hardcover remaining on the property after the non-conforming plastic or fabric has been removed. Adopted by the City Council of the City of Orono this 24th day of November, 1997. Page 3 of 3 CITY OF ORONO P.O.Box66 Crystal Bay, MN 55323 612-249-4600 TO: Theodore R. Edin 3025 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING 1/19/2000 ZONING FILE# 2543 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 1/24/2000 COPIES: VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below: To redesign deck to remain same square footage as existing deck (216.8 square feet) and to review hardcover coverage for removal. Applicant's next scheduled meeting is dependent upon receipt of additional infmmation. Deadline for the February 23, 2000 Planning Commission meeting is February 4, 2000. If you are unable to attend the February Planning Commission meeting the deadline for the March 20, 2000 Planning Commission meeting is March 6, 2000. You will be notified by mail of the meeting date and time. If you desire ce1iified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (Recess taken from 9:20 p.m. -9:28 p.m.) PUBLIC HEARINGS, CONTINUED (#1) #2540 BRADLEY HOYT, 2523 KELLY AVENUE, AFTER-THE-FACT CONDITIONAL USE PERMITNARIANCE, 9:28 p.m. -9:31 p.m. The Certificate of Mailing and Affidavit of Publication were noted . The Applicant was not present. Hawn inquired whether the Applicant had submitted any additional information on this application. Weinberger stated he has had very little contact with the Applicant, with no additional information . having been submitted . Hawn noted this application has been called on two separate occasions, with no appearance by the Applicant or a representative on his behalf, Hawn stated this application cannot be approved without the additional information being submitted . Hawn inquired whether the 60 day review period needs to be extended. Tom Barrett, City Attorney, stated the City does have the right to extend the 60 day review period under State Statutes without the Applicant's consent. Hawn suggested this application be extended to allow the Applicant time to submit the additional information . Hawn moved, Kluth seconded, to continue the denial of Application #2540, Bradley Hoyt, 2523 Kelly Avenue, After-the-Fact Conditional Use Permit/Variance, and to return this matter back to the City Council for their review. Barrett noted the Applicant has received two letters from the City outlining the requirements of the City relating to the variances . Barrett stated without the additional information being submitted by the Applicant, a hardship has not been demonstrated and the application can be denied. VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0. CONTINUED PUBLIC HEARINGS (#5) #2543 TED AND JUDITH EDIN, 3025 CASCO POINT ROAD -VARIANCES, 9:32 p .m . - 10:06 p.m . Ted Edin, Applicant, was present. Weinberger stated this application was tabled at the November Planning Commission meeting to allow the Applicant time to revise his plan in an effort to reduce hardcover. Page 18 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2543 Ted and Judith Edin, Continued) Weinberger stated the Applicants are proposing to replace an existing deck and adding a small bump-out section, 8 feet by 12 feet, to serve as a sitting area, and remove 829 square feet of hardcover in the 75-250' setback area. The Applicant is proposing to replace an existing second story deck on the lakeside of the house due to its deteriorating condition. Weinberger stated the hardcover in the 0-75' setback will remain at 9.9 percent, with the hardcover in the 75-250' setback being reduced from 77 .11 percent to 68.9 percent. The Applicant had indicated he would be agreeable to removing some of the existing rock and plastic underlayment located on the property. Weinberger noted the overall structure coverage will increase from 23.3 percent to 23.9 percent with the added bump-out section. Weinberger noted the Applicant has submitted a letter addressing hardship. City Staff is. recommending approval of the variances to rebuild the deck to the same dimensions as what currently exists. City Staff is not recommending approval of the bump-out section to the deck due to the increase in the amount of structural coverage on the property. Edin stated due to a shared driveway, his property has higher than normal hardcover. Edin noted at the last Planning Commission meeting he was told to reduce the hardcover, which he has done in the 75-250' setback. Weinberger remarked that this is the same basic proposal that was presented to the Planning Commission at its November meeting. Weinberger stated the application was tabled to give the Applicant time to review his application and to make the necessary changes. Nygard noted the minutes from the November meeting reflect that the Applicant was asked to reduce hardcover. Edin indicated he is unable to reduce hardcover any further. Hawn stated she has concerns regarding the amount of hardcover and structural coverage on the property. Hawn indicated the Planning Commission tends to adhere to the 15 percent structural coverage requirement. The Applicant was advised that he would probably be allowed to replace the existing deck due to its poor condition but would probably not be allowed to add to the size of the deck due to the increase in structural coverage on the property, which presently exceeds the amount allowed on the property. Hawn stated the Applicant will need to reduce the size of the deck in order to reduce the amount of structural coverage. Edin stated the amount of structural coverage on the property was not discussed at the last meeting. Smith stated the Planning Commission will allow the Applicant to replace the existing deck to the same dimensions. Weinberger pointed out the Planner's Report, which was provided to the Applicant, does refer to a variance for structural coverage. Weinberger stated Staffs recommendations remain the same. There were no public comments regarding this application. Kluth inquired whether the structural coverage could be reduced on this property. Edin reiterated he was not aware the structural coverage needed to be reduced. Page 19 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2543 Ted and Judith Edin, Continued) Stoddard commented he would like City Staff to take the time to discuss this application with the Applicant, especially regarding the issues relating to hardcover and structural coverage. Kluth commented the minutes reflect the Applicant was requested to reduce hardcover on the property. Kluth inquired whether the Applicant intends to change the lower deck at all. Edin stated the lower deck will remain the same. Edin inquired what constitutes structural coverage versus hardcover. Hawn stated the building or residence is considered structural coverage. Edin requested he be allowed to build the deck as proposed since structural coverage was not discussed at the previous meeting. Kluth stated the minutes reflect that rock and plastic are not. considered hardcover. Kluth indicated the reason for requesting hardcover be reduced is to reduce water runoff into Lake Minnetonka. Kluth commented the Planning Commission does encourage residents to replace old, deteriorating decks, but that they need to comply with structural coverage and hardcover limits as much as possible. Edin reiterated structural coverage was not discussed at the November meeting. Hawn stated apparently there has been a failure in communication, but that the Planning Commission does require Applicants to adhere to structural coverage and hardcover limits as much as possible. Hawn stated the Applicant will probably be allowed to replace the existing deck but would not be allowed to increase the size of the deck. Kluth inquired whether the Applicant would be willing to work with City Staff to resolve this issue. Smith stated the Applicant will need to stay within the existing dimensions of the deck, with no increase in structural coverage and/or hardcover being allowed. Edin indicated he will not be in town for next month's meeting. Edin inquired whether he is required to do anything further with hardcover. Kluth stated City Staff and the Planning Commission is recommending that the existing deck may be replaced, with the structural coverage limit remaining the same. Nygard indicated rock and plastic are considered hardcover. Weinberger inquired whether he would like this to be scheduled for the February 23 Planning Commission meeting. Edin requested the matter be scheduled for March. Stoddard suggested this application be tabled tonight to allow the Applicant time to discuss hardcover and structural coverage with City Staff. Hawn indicated removal of rock and plastic underlayment will not be counted towards any reduction in structural coverage. Page 20 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2543 Ted and Judith Edin, Continued) Mayor Jabbour commented the Applicant will not be allowed to increase hardcover in the 0-75' setback. Hawn stated the Applicant will also need to stay out of the average lakeshore setback as well. Stoddard moved, Hawn seconded, to table Application #2543, Ted and Judith Edin, 3025 Casco Point Road, Variances, to allow the Applicant time to submit revised plans reflecting a reduced structural coverage limit. VOTE: Ayes 5, Nays o. (#7) #2551 THOMAS MICHAEL RANDGAARD, 2765 SHADYWOOD ROAD - CONDITIONAL USE PERMIT, 10:07 p.m. -10:30 p.m. Thomas Randgaard, Applicant, was not present. Weinberger stated the Applicant is requesting a conditional use permit to permit a 14 foot extension to an existing dock. The dock is located in Lake Minnetonka and is under the jurisdiction of the Lake Minnetonka Conservation District. The LMCD approved the Applicant's permit in June, 1999. The LMCD permit indicates there is 120 feet between the permanent dock and the opposite shore. Weinberger indicated the permit for a permanent dock was issued in 1993. City Staff is recommending approval of the conditional use permit to permit a permanent dock extension of 14 feet, subject to the following conditions: 1. The Applicant maintains an active license with the LMCD. 2. The dock does not cause navigational problems or obstruct access within the channel. 3. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. Weinberger stated there is nothing within the City's Code which prohibits docks from being located on a resident's property. Jim Zimmerman, 2745 Shadywood Road, stated he has sent a letter, along with Nick Ogle, to the City outlining their concerns regarding this application. Zimmerman expressed concerns regarding this dock application due to the use of this property as a party house and not a live-in residence. Zimmerman stated an extension to the dock will allow for increased boat traffic in the area, as well as the size of the boats being currently docked at this residence. Zimmerman stated in his view there does not exist 120 feet between the permanent dock and the opposite shore, and an extension to the dock would cause the channel to be narrowed even further, which causes concerns as it relates to the safe passage of boats through the channel. Zimmerman indicated this property currently has two docks located on the property, which is in violation of City Code. If this application is to be approved, Zimmerman requested the following conditions be added. Page 21 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2551 Thomas Michael Randgaard, Continued) One, boats tied on the dock extension or permanent dock not be allowed to be used for parties or other entertainment; two, boats larger than 26 feet long and 1 O feet wide not be allowed to be tied on t.he channel side of the permanent dock; and three, the second portable dock be removed as long as the permanent dock exists. Zimmerman indicated these conditions are reasonable and should be imposed should this application be approved. Zimmerman noted this residence has been cited on a couple of occasions for disorderly conduct, with the parties lasting two to three days. Hawn inquired how long these parties have been going on. Zimmerman stated the Applicant moved into the resident May 1st, with the first party being held May 2nd. Zimmerman stated a navigational problem does exist in that the channel is very shallow and narrow. Zimmerman stated the typical boats that are tied on this dock are large in size and are left tied up for the entire weekend. Mayor Jabbour indicated the City of Orono has worked hard to ensure that all the property owners along Lake Minnetonka are guaranteed one dock, with the property owner being allowed up to four boats. Weinberger stated the LMCD does allow up to four boats per property with the exception of special permits. Weinberger stated they have not been able to find anything in the code which limits the number of docks allowed per property. The City of Orono has encouraged the residents to maintain only one dock in the past. Weinberger noted the docks must comply with the setback requirements. Richard Gay, 2735 Shadywood Road, presented pictures to the Planning Commission showing the dock and channel. Gay inquired how the 120 measurement was arrived at. Weinberger stated the LMCD measures from the end of the dock to the opposite shore. Gay stated in his opinion the distance is closer to 70 feet. Gay stated due to the trees and shallowness of the channel, it is very difficult to navigate through this area, particularly if large boats are being docked in the area. Gay noted the Applicant owns a very large boat. Gay indicated he was informed by City Staff a couple of years ago that a property is allowed only one dock. Gay stated he would like to see only one dock per residential property as well as the noise ordinance being complied with. Hawn noted the LMCD permit lists the distance as being 120 feet. Nygard stated he paced the area and arrived at roughly 75 feet. Gay stated he has measured the area and arrived at 70 feet. Don Miegel, 683 Sullivan Drive, expressed safety concerns with approval of the dock extension given the shallowness and narrowness of the channel. Hawn indicated the Planning Commission cannot hear this application without the Applicant being present, but thanked the members of the audience for expressing their thoughts regarding this application. Hawn indicated City Staff will notify the affected property owners of the next Page 22 . STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2543, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of January, 2000 . CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Cr~stal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 .l:iQI.LQ.E The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, January 19, 2000, beginning at 6 :30 p .m . on the maner of reviewing the following land use applications : 1. #2540 Bradley Hoyt, 2523 Kelly Avenue, requests a conditional use permit and variances to permit after-the-fact land alteration and construction of a retaining wall within the lakeshore setback and to permit hardcover within the 0 -75' lakeshore . 2 . #2543 ,Ted and Judith Edin , 302 5 .,Casco' Point Road, request hardcover, lakeshore setback, average lakeshore setback and lot coverage variances to permit replacement and enlargement of an existing second story. 3 . #2547 Kimberli and William Abbon, 470 Big Island, request after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroachment into the average lakeshore setback . The request includes after-the-fact variances for hardcover in the 0-75' lakeshore setback . 4, #2551 Thomas Michael Randgaard, 2765 Shadywood Road, requests a conditional use permit . to permit a 16' extension of a permanent dock within Carman's Bay of Lake Minnetonka. 5. #2552 Steven and Sheila Sigel , 1399 Park Drive, request variances to permit replacing a second story deck with a three season porch encroaching 78' into the average lakeshore setback to allow an 80' setback, where 158' is required from the lakeshore and to permit 4,188 sq. ft. (30.08%) of hardcover in the 75-250' lakeshore setback where 3,481 .25 sq . ft. (2g .9o;.) is allowed . . 6 . #2553 Good Shepherd Lutheran Church, 3745 Shoreline Drive, requests variances to permit a 10'x4' sign to replace an existing entrance sign in a residential zoning district. · 7. #2554 Ann and Gil Anderson 845 WIiiow Drive South, request a front yard setback variance to permit a 10'x18' residential addition 36 .5' from the front property line where 50'· is ·required. 8 . #2556 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road , request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-16" Zoning District; a front yard setback variance to permit a 21 .37' setback , where 35' is required; a lot coverage variance to permit greater than 15% structural coverage ; variances to permit 2,624 sq . ft. (27 .6%) feet of hardcover in the 0-75'. lakeshore setback, where no hardcover Is allowed; and variances to permit structure within 75' of the OHWL of Lake Minnetonka, where no structure is allowed. 9. #2557 Judith and Daniel McAthie, 1449 Bay Ridge Road, request an average lakeshore setback variance to permit a 20' encroachment into the lakeshore setback; side yard variances to permit a 10.62' setback to the north property line and a 9.93' Setback to the south property fine for a second story addition where a 30' setback is required; and hardcover variances to permit 5,745 .5 sq. ft . (28 .27%) of hardcover in the 75-250' lakeshore setback , where 25% is allowed . 10 . #2558 Anthony Panerson ; 1780 Shadywood Road , requests variances to permit the addition of a second story on the existing residence and to replace a lakeside deck within the shoreland setback . All persons -wishing to be heard are encourged to attend this meeting . Written comments are solicited. Plans are available in the City Offices . For an appointment, please calf 249-4600 . City bf Orono By : Planning Commission Pau·r Weinberger , Administrator/Planner Zoning (Published in The Laker and Pioneer Jan. 8,2000) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts 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.)Theprinted Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 8th day of January 2o_QQ_, and was thereafter printed and published every Saturday, to and including Saturday, ~ Authorized Agent Subscribed and sworn to me on this 8th day of January , 200_0 __ _ Bye!, '~~, · • KRISTI HOLM No ary Public : NOTARY PUBLIC • MINNESOTA •~ MY COMMISSION EXPIRES JANUARY 31, 2000 Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $13.45 per inch. (2) Maximum rate allowed by law for above matter: $13.45. (3) Rate actually charged for above matter: $7.49 per inch. Each additional successive week: $5.44. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, January 19, 2000, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #2540 2. #2543 3. #2547 4. #2551 5. #2552 6. #2553 7. #2554 Bradley Hoyt, 2523 Kelly Avenue, requests a conditional use permit and variances to permit after-the-fact land alteration and construction of a retaining wall within the lakeshore setback and to permit hardcover within the 0-75' lakeshore. Ted and Judith Edin , 3025 Casco Point Road, request hardcover, lakeshore setback, average lakeshore setback and lot coverage variances to permit replacement and enlargement of an existing second story. Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroachment into the average lakeshore setback. The request includes after­ the-fact variances for hardcover in the 0-75' lakeshore setback. Thomas Michael Randgaard, 2765 Shadywood Road, requests a conditional use permit to permit a 16' extension of a permanent dock within Carman's Bay of Lake Minnetonka. Steven and Sheila Sigel, 1399 Park Drive, request variances to permit replacing a second story deck with a three season porch encroaching 78' into the average lakeshore setback to allow an 80' setback, where 158' is required from the lakeshore and to permit 4,188 sq. ft. (30.08%) of hardcover in the 75-250' lakeshore setback where 3,481.25 sq. ft. (29.9%) is allowed. Good Shepherd Lutheran Church, 3745 Shoreline Drive, requests variances to permit a 1 0'x4' sign to replace an existing entrance sign in a residential zoning district. Ann and Gil Anderson, 845 \Villow Drive South, request a front yard setback variance to permit a 1 0'xl 8' residential addition 36.5' from the front property line where 50' is required . 8. #2556 9. #2557 #2558 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-I B" Zoning District; a front yard setback variance to permit a 21.37' setback, where 35' is required; a lot coverage variance to permit greater than 15% structural coverage; variances to permit 2,624 sq. ft. (27.6%) feet of hardcover in the 0-75' lakeshore setback, where no hardcover is allowed; and variances to permit structure within 75' of the OHWL of Lake Minnetonka, where no structure is allowed. Judith and Daniel McAthie, 1449 Bay Ridge Road, request an average lakeshore setback variance to permit a 20' encroachment into the lakeshore setback; side yard variances to permit a 10.62' setback to the north property line and a 9.93' setback to the south property line for a second story addition where a 30' setback is required; and hardcover variances to permit 5,745.5 sq. ft. (28.27%) of hardcover in the 75-250' lakeshore setback, where 25% is allowed. Anthony Patterson, 1780 Shadywood Road, requests variances to permit the addition of a second story on the existing residence and to replace a lakeside . deck within the shoreland setback. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. City of Orono B · ing ~oii~ion U!~/rr- Paul Weinberger, Zoni g Administrator/Planner To be published the week of January 8, 2000 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office CITY of ORONO November 16, 1999 Theodore R. Edin 3025 Casco Point Road Wayzata, MN 55391 Re: Application #2543 Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 NOTIFICATION OF 60 DAY EXTENSION Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 S :.:ite law requires that Cities shall decide on zoning applications within 60 days from the date an .ipplication is considered complete. The review period may be extended by notification to the applicant. Your application date is, October 25, 1999. The 60 day review period expires on December 24, 1999. You requested your application be tabled at the November 15, 1999 Planning Commission meeting to allow you time to revise the site plan for your property, for the purposes of conforming to City zoning code regulations. The new expiration date is February 21, 2000. The City is extending your application an additional 60 days to allow time for Planning Commission and City Council review. The earliest potential date that the City Council could take action is January 24, 1999. Please do not hesitate to contact me should you have questions. Sincerely, (jce_JA£U-;r-lJ611£ fl,~ Wendy Bottenberg Assistant Zoning Administrator Telephone (612) 249-4600 • Fax (612) 249-4616 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2542 Bruce Hedblom, Continued) Bruce Hedblom, Applicant, was present. Bottenberg stated the Applicant is proposing to remove an existing second story deck and replace it with a 10.6' by 23.4' three season porch and 10.6' by 9' wood deck. This proposal would not increase the size of the space but would change the use. The space will consist primarily of the three season porch and a small portion on the end will be deck. Hardcover in the 75-250' setback area will remain the same. Hedblom stated at the time the house was originally constructed in 1972/1973, it met all the required building codes at that time. Hedblom noted the footprint of the house will not change with this proposal. Hedblom stated he are interested in making the deck more usable by converting it to a three season porch . Hedblom stated his adjoining neighbors do not object to this project . There were no public comments. Lindquist inquired why City Staff was recommending denial on this application . Botten berg stated Staff was recommending denial of this application due to the excessive hardcover that currently exists on the property . Hedblom noted that the hardcover will remain the same. Lindquist commented that there is some plastic underlayment that could be removed. Hedblom stated the plastic underlayment adjacent to the house is there for drainage purposes , but he would be willing to remove it if requested to do so. Lindquist stated he would like to see the plastic underlayment removed. Lindquist noted he does not have a problem with the hardcover Hedblom noted that the residence is under the structural coverage limits. Kluth stated he does not have a problem with the application. Lindquist moved, Kluth seconded, to recommend approval of Application #2542, Bruce Hedblom and Carol Cline-Hedblom, 2601 Casco Point Road, granting of a variance to lakeshore hardcover and granting of a variance to average lakeshore setback to permit construction of a three season porch and deck to replace an existing deck, subject to the removal of the plastic and permeable underlayment and rock. VOTE: Ayes 6, Nays 1. Stoddard stated he voted against this application due to the increased structure in the average lakeshore setback . (#8) #2543 TED EDIN, 3025 CASCO POINT ROAD -VARIANCES, 10:41 p.m. -10:52 p.m. The Certificate of Mailing and Affidavit of Publication were noted . Ted Edin, Applicant, was present. Page 20 ORONO PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#2543 Ted Edin, Continued) Bottenberg stated the Applicant is proposing to replace an existing second story deck on the back on the house due to the deteriorating condition of the deck, floor boards and joists. In addition to replacing the existing deck, the Applicant is proposing to add a small section onto the . deck. The section would be approximately 6' by 12' to allow for a sitting area. Bottenberg stated the driveway is shared with neighbors through an easement and the lot is undersized for this zoning district. Hardcover would be increased from 77 .11 percent to 77 .9 percent. Total lot coverage on the lot would also be increased to 23.8 percent. Chair Hawn noted that the Applicants are replacing an existing deck. Edin commented that due to the shared driveway being located on their property, the hardcover for the lot is high. Edin stated they would be willing to remove some plastic underlayment and rock in an effort to reduce the ~ardcover on the property . Chair Hawn stated she would like to see less hardcover on this property. ... . Smith commented the reason for less hardcover is to reduce the runoff into the lakes and streams, noting that a deck is considered hardcover as well as landscaped areas. There were no public comments. Bottenberg stated there is not a lot of area where hardcover could be reduced. Stoddard stated the issue before the Planning Commission tonight is whether they should be allowed to build over an existing structure and whether the size of the deck should be increased . Chair Hawn stated she has a hard time allowing additional hardcover on this property. Edin stated he would be willing to reduce the hardcover if possible. Hawn suggested the application be tabled to allow the Applicant time to reduce the hardcover on the property. Lindquist noted the Applicant currently has 77 .1 percent hardcover and 23.3 percent structural coverage, where 15 percent is allowed, which the Planning Commission would not like to see increased . Lindquist stated reduction of the deck would count towards reduction of hardcover but not plastic underlayment or rock . Nygard stated the plastic underlayment will still need to be removed by the Applicant. Chair Hawn stated the Applicant has a right to have his application heard within 60 days, and inquired whether he would be willing to waive the 60 days. Edin stated he would be willing to waive the 60 days. Berg moved, Kluth seconded, to table Application #2543, 3025 Casco Point Road, to allow the Applicant time to reduce hardcover on the property. VOTE: Ayes 7, Nays 0. Item #1 O was heard after Item #11 Page 21 ORO~O PLANNING COMMISSION MONDAY, NOVEMBER 15, 1999 (#11) #2549 DAVID LOVELACE, 220 BIG ISLAND, DOCK PERMIT, 10:50 p.m. -11:28 p.m. The Certificate of Mailing and Affidavit of Publication were noted. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a dock permit to access an inland lot without lake access. City Ordinance allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit issued by the Council. Not more than one season dock will be approved for access to any one property. In reviewing and approving this permit, the City Council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and LMCD dock regulations. The City Council may establish reasonable standards or requirements in approving any such dock permit. Weinberger stated the City Council has preliminarily reviewed this application and recommended one area on the east side of Big Island that could potentially serve as access to the inland landlocked properties. This particular location has been established as an area for potential dock permits to be granted for inland property owners simply because no other access exists elsewhere. Currently there are two inland properties that currently have dock access to Lake Minnetonka; with the dock being located in the right-of-way and having been in use since 1986. Weinberger stated permits are only required for the docking and not for any other public access. For example, walking along the public right-of-ways is allowed without a permit. City Code states permits issued are valid for one year and shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission. Weinberger noted this is the public hearing for this dock request, with all property owners having been notified of the hearing within 350 feet of the access. Weinberger stated the City has expanded the 350 foot requirement and have notified all inland property owners of the status of this application and the public hearing being held tonight. Weinberger stated there are approximately four or five separate record lots, which could consist of several Pl D's, that are actually inland on Big Island. Not all of the lots on Big Island are buildable lots. Only a few actually are developed with a dwelling on the property. The total number docks potentially, including the one that currently exist, would not exceed four or five individuals who could potentially request dock access. The property in this case is flat enough and could sustain the type of access being requested in this case. The dock access would be located in an area approximately 90 feet wide, which is probably the only area on the island which will be able to sustain future dock access and allow for access by the other inland property owners. Weinberger stated the City Council has previously granted a lot area variance for this property to permit the Applicant to construct a seasonal dwelling on the property. The property consists of 4.3 acres in size and is landlocked. Weinberger noted there is a platted right-of-way that goes directly from the access and is recognized as a road. Some minor grading and maintenance of this road has occurred in the past. The City has not performed any of the maintenance in the past and does not have an interest in assuming that responsibility at the present time. Page 22 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2543 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 4th day of November, 1999 .. CITY OF ORONO 2750 K1ll1y P1rkway, P.O. Box S6 Cryetal Bay, MN 115323 Phone (612) 249•4600 . , . •. Fax (612) 249-4616 NOTICE The Planning Commission will hold 1bllc hearings In the Council Chambers at ·ao Kelley Parkway on Monday, November ;, 1999, beginning at 8:30 p.m . on the 1tter of reviewing the following land use •plications : 1. #2488 Elaine Erickson, 1270 :,ruc1 Place, requests lakeshore setback, •erage lakeshore aetback, lot coverage and irdcover variances to permit construction of ,ew res idence on the property. 2. #2525 · Larry· Jacobson l'lnd Vickie 'Neill, 635 Ferndale Road Nort h , qi.lest a variance to permit construction of !dltlonal garage space within a required rd setback . 3. #2530 William Wear, 2160 Wa yzata >Ul1vard, requests a variance to permit owed slgnage for a property In the B· 1 -nlng District to exceed what fs all owed by ntage , and a variance to permit a sign to · located within the front yard setback. 4. #2534 W. Duncan MacMIiian, 1820 ,x Street , requests a variance from side rd setback requirements to permit a rage addition to an existi ng carriage house . 5. #2540 Bradley Hoyt, 2523 Killy 1nu1, requests a co n ,tlo nal use permit d variance to permi t efter-the -fact land erati on and constructlcr. of a reta ining wall :h ln the lakeshore s ack and to permit rdcover within the o-, · lakeshore setback·. 6. #2542 Br r.e Hedblom and Carol ne-Hedblom , 26 I CHCO Point Road, 1uest variance s for hardcover, lakeshore tback, average lakeshore setback, and lot Affidavit of Publication coverage to pe rmit an addition to the existing residence . . _ _,,,,.,. State of Minnesota, County of Hennepin. 7. #2543 Ted Edin, 30U7Caaco Point Road, ·requ ests · hardcover, lakeshore setback, a·,erage ifikeahore setback and.,lot Bill Holm, being duly sworn on oath, says that he is coverag e variances to permit replacement · . and enl argement of an existing second Story an authorized agent and employee of the publisher deck. f h 8. #2545 Lou and Marilyn Fegera, 3590 Nor th Shore Drive, request variances to permit construction of a three stall garage on the property. · 9. #2546 Christine Wood, 4005 North 'Jhora Drive, requests variance renewal • to permit a detached garage to be located 3' from a 11treet lot line where 1 o• l1 required and 1 O' from the aide or rear lot line where 15' la required for a structu re In excess of 750 a.I., and to permit a net Increase In hardcover within the 75-250' setback. 10. #2547 KlmberU and WIiiiam Abbott, 470 Big laland, request alter-the-fact variances to permit structure to be located within 75' of the lakeshore and encroaching on the average lakeshore setback . The request includes alter-the-fact variances for hardcover In the 0-75' lakeshore setback . 11 . #2549 David Lovelace, 220 Big l1l1nd, requests a doc:I< permit for an inland property on Big Island. All persons wishing to be heard are encouraged to attend th is meeting . Written comments are solicited . Plans are avallable In the City Offices .-For an appointment, please call 249-4600. City of Orono . .. By: Planning Comm ission Paul Weinberger, Administrator/Planner · Zoning (Published In The Laker and Pioneer Oct. 30, 1999) o t e 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 Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 30th day of October and was thereafter printed and published every Saturday, to and including Saturday, the ___ day of _______ 19 __ ; P4f~;,q.n, Subscribed and sworn to me on this 30th ,19~. By: day of October ·tt&u KRISTI HOLM NOTAAV PUBLIC • MINNESOTA Y CCMM ISS IO N EXP IRES . ~ti6'¥1° (1) Lowe y commerc1a users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12 .90. (3) Rate actually charged for above matter: $7 .19 per inch. Each additional successive week: $5 .14 . Adjacent Property Owners' Acknowledgement Form I (we) :F~ o (3 k f{ 7 C. L.11-U /(/;;_·of :5 0 I j c/l S C <?J P-,-I? /J) [print name(s)] [print address] · have reviewed the . plans for the proposed improvement or proposed use of the property located at ?Jt> 1-<;' G..-sco f>t--fe..~ also referred to as Land Use Application No. · . · . · I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City· Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date ****************************************************************************** ·1 (we) ~6½1 !3c-rz_f.){-, Y\-U)vl!t,lf [print name(s)] have reviewed the plans for the proposed improvement or proposed use of the property locatedc. ,.~,, at )c:.2..(' ~5 Co Pr {?.b also referred to as Land Use Application No. ____ . q (!::., I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the Ci Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~ · Property Owner Property Owner /'&1 -2?-j 7 t.,'1; ~~ -f . --~r1 . Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 8 CITY of ORONO Street Address: · 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. 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· pe~? or license. 3. 4. 5. 6. The information may be shared with other local, state or federal agencies· to the extent necessary to process the permit or license. .. i s";~ \ ,,., ... ·ii' If your requested permit or license requires Council action to approve, sorrtt)1 . information may become public. ~· ,t'J"'""' . iyf4f. You have certain rights under M.S. 13.04 (see following page) to review private d~.) on yourself. Your full name is required to process this application or permit. 1ne,pJMe,,, Ao \1e,_-r EJ-;..,_ First Middle Last ·2 0J ·-;>. > C~svt:-Po:IA. t A.oc1..J., Address W~1--Sd.,.-;UrJ :f'f3<t/ '-/1 I -~ & i,--, City. State Zip Phone I understand my: rights as stated above. J~'-· ~-cf~ Signature Telephone (612) 249-4600 • Fax (612) 249-4616 9 SignatureSec.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. Tbis 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 mav 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 i.nonths 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. 10 3 0 2-C C (}...~ (.C, PD ;r-.~ R.-~ () ll_oµO I AN-) -LEGAL DESCRIPTION ~=-··---~, That part of Tract A, lying Northerly of the following described line: Beginning at the southeasterly corner of Tract B thence Southwesterly along a line drawn through a point on the base line shown on Registered Land Survey, 80 feet Northweaterly from it• intersection with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka and there terminating; and That part of Tract B, lying southerly of a line drawn parallel with and 50 feet Southerly from the Northerly line of said Tract B, said 50 feet being SO feet measured along the Easterly line of said Tract B; all in Registered Land survey No, 394, Files of Registrar of Titles, County of Hennepin. Together with an easement for driveway purposes over a strip of land 12 feet wide, beginning at the most Easterly corner of Tract C in said Registered Land Survey No. 394 and terminating at the most Southerly corner of said Tract c, the Northerly line of said easement being parallel with and 12 feat Northerly of the Southerly lines of said Tract C, as shown in deed Doc. No. 505888, Files of Registrar of Titles. TRACKING SHEET FILE NO. J.f5 43 Staff: 'A (C'cO c:L \t Applicant: 1b ecclore, R -Ed,1 n . J l,td it'h A-, l::dlv-1 Address: ·. :.fus Co.;;io· 'Po<0+ RoCUJI . WOJjy:·lu I H N D Meeting with Staff: --------- J2( Date Application Completed: IO ~ &.5 -CJ q D Incomplete Notice Sent: -------- D Date Property Owners Notified: ------ 0 Date Legal Notice Published: JZ( PC Meeting(s): I\-IS::99 j -/9 -00 Notice of PC Action: l l -l (p -0 19 l -dt4 -acGO n / ·c · c ·1M · () !~ ~ ~ Ity OUilCl eetmg s =-~-'11----'--' ---~- . _ it ~ lO ci..OCO D Resolution X :\APPS\WPWIN60\ WPDOCS\CAROLE\FORMS\TRKNG.SHf 60Day: l.;1 -.;2,4 -9 9 ~ 1-J e,pclcd, (c-() cia6 -_ D-. '_) 1-ro . ~L V-{ft, I c1_,t_( Ul,lt,,u~cd Vote: -1cd0 Cect 6 "'0) Vote: 1c\~,e_c{ {5-c J Vote: (6-0) App mved Vote: · Vote: --'----- Vote: -----