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Home My WebLink AboutProject Packetreceipt � ll09/09 0 CITY OF ORONOyOMDO VARIANCE APYLIGTION Application Fee $] ----------------------------------------- After -the -Fact Fee $20' PROPERTY LOCATION i 1 q 7 Wfi q i Site Address / n/j �� .rr o R o Property Identification Number (P.I.D.) PO // - a Please check one -- Is the property _ abstract or torrens7 Please attach legal description to application if not included on required survey. ------------------------------------------- -________-_---_____________-___ APPLICANT Name _TOp <Cm/ vc-Al Phone 4Y?.a-1769 Mailing Address 90A- yO/ nUN,O� M1 n�- Sea6V __________________________________________________________________________ OWNER 0 Name Phone Mailing Address AQ*- /a.0 n/R+YHf?2< Date Property Acquired fQs 7 (month/year) I (do) do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property X Residential Other (specify) __________________________________________________________________________ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: .QnAn��irionl /-'++ce47�ACIA iei6 __________________________________________________________________________ VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (_ Front Side Rear) Other &% SrTBAeKSrrSAeK-------------------------------------------------------------------------- (over).— HARDSHIP bescrYbe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: r_________________________________________________________________ bE9cRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Codt Requirements: _______________________________________-_-______-___-__________--_________ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Plat Map. 1 7 __________________ _-_--_ 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 all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best I his/her-kno0ledge. '7/�G Applicant's signature y,,,� �6FiYrn.t-er— Date ,24 � OWNERS SIGNATURE 1 The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date ___________________________________________ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Plann'ng Commission Meetings are held on the third Monday of each month. geee/of /71?V euP f/000V �{s2SG ou >6 !s_1�-y"r CITY OF ORONO GENERAL LAND USE APPLICATION ------------------------------------- .-------------------------------------- PROPERTY LOCATION Site Address ,..,J[, y9 .a7!elT f 1 Property Identification Number (P.I.D.) .2,L // 7- 2 00 a Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not Included on required survey. ___________________________________________________________________________ APPLICANT W_ /yy 7,23,4 Name Pho4e 117.1- /765i , / Mailing Address ROX •'o/ ,,/NO✓N-'� M�J _4 6 -_ -(o _______________________________________________ _____________________ OWNER Name �/� w SCHE�✓EN Phone Mailing Address 86Ar /r:?U /V%idL e'R 7' . Mly.-57'3Y.1— i Date Property Acquired /i5 7 (month/year) I (do) do noy also own the adjacent larcels of land. ___________________________________________________________________________ FEE{S/ - CONDITIONAL USE PERMITS fr A 0C) $100.00 a) Residential accessory Use W/PEkn%AowJr= `'r'N D'� issv.ov V��'� $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land ;Iteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property _ Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: -------------------------------------------------------------------------- REQUIRED SUBMITTALS �Iompleted Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your 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 all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/ rr 4nowledge. Applicant's signature /Z' Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature , I i ;, 1•, i s , ,, Date y d' -------------------------------------------------------------------------- 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. RUN DATE 02/06/85 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401 PROPERTY OWNERS LIST PAGE 9 BATCH 005 M 20-11)-23 23 0090 38 20-117-23 23 0021 IS 20-117-23 21 0022 MOP ADDR 0LEXA CASCO POINT RD B0266SENNE CASCO DOW EY A Po 024S9 USCG POINT RD TAXPAYER NAME AtHOLZERR HLtZER ETAL SENIETT C OOINEY t WIFE NEMETM G NARTWELL ETAL � w TAXPAYER A HOl2[R BENNETT C OONIEY 2659 TH G NARTYELL \F NAME/ADDR 267' CASCO PT RD 2665 CASCO POINT RD Y659 CAS[O POINT ROAD YAYZATA IN 55391 YAYZATA NN 53391 YAYZATA IN 55191 ,24 38 20-117-23 24 0002 36 20-117-21 24 0029 38 20-117-23 24 0030 PROP ADDR 02660 CASCO POINT R0 82649 CASCO POINT RD 02645 CASCO POINT RO O01ER NAME V A G SULIER A N SCHERVEN JR ETAL WORM J CHRISTENSEN TAXPAYER VERMIN J BULLER A N SCHERVEN JR NORMA J CHRISTENSEN NAME/ADDR 2660 CASCO POINT RD PO BOX 120 2645 CASCO POINT ROAD OMOIO NI SS391 NAVARRE HN 55392 WAYZATA NI SS391 N 20-117-23 24 0031 36 20-117-23 24 0032 38 20-117-23 24 OOM PROP ADDR 02635 CASCO POINT RD 02623 CASCO POINT RD 02618 CASCO POINT RD OWNER NAME MARILYN 0 THORNE ET AL L A C SLY JOYCE A TYEDT TAXPAYER MARILYN D TNOGNE LARRY 0 t CAROL ANN SLY JOYCE A TYEOT N4ME/ADDR 2635 CASCO POINT RD 2623 CASCO POINT RD 2618 CASCO POINT RD Mom NN SS391 YAYZATA M 55391 YAYZATA IN 55391 38 20-117-23 24 0039 n PROP MOP 02645 CASCO POINT RD OWNER NAME UST TRUST CO OF ST PAUL ET AL S � TAXPAYER D K TT TO TOTAL BATCH 005 00010 NAME/ApDR FIRSTT TRUST CO A1-555 FIRST NAIL 6N BLOG ST PAUL tN 55101 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE OF WE OF INFORIOT•RT AS IT APPEARS THIS OATS 0.N THE REBEST OF THE NOWLEDGE COUNTY DEPARTMENT OF PROPERT AIGTIQI. TO BEST OF MY KNOWLEDGE AND BELIEF. `/ Zr DAT;..6Y A' { 20-117-23 23 0003 20-117-23 24 00035 20-117-23 24 0042 Envirotech Homes Inc. Calvin MacDonald Paul Kaster 4651 Nichols Road 2617 Casco Point Road 2600 Casco Point Road Egan, MN 55122 Wayzata, MN 55391 Wayzata, MN 55391 20-117-23 23 0002 Robert Hunt 2691 Casco Point Road Wayzata,MN 55391 20-117-23 23 0001 Beverly Smerling 2552 West Lake of Isles Parkway Minneapolis, MN 55405 20-117-23 24 00036 Bruce Hedblom Carol Cline 2601 Casco Point Road Wayzata, NN 55391 20-117-23 21 0032 Jerry Nelson 2565 Dunwoody Avenue Wayzata, MN 55391 20-117-23 24 0046 Dorothy Kearns 2691 Ethel Avenue Wayzata, MN 55391 20-117-23 24 0003,4,1 David Runkle 2684 Casco Point Road Wayzata, MN 55391 CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, May 20, 1985, on the matter of Jon Scherven's application for a proposed conditional use permit for a residential guest apartment, on property located at 2649 Casco Point Road. All persons wishing to be heard will appear at this time. written comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Michael P. Gaffron Assistant Zoning Administrator Please publish the week of May 6, 1985, in the Laker and Pioneer 1--t Fay CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Se. CITY OF ORONO ) I, Teri Naab, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of Jon Scherven's application for a pro- posed conditional use permit for a residential guest apartment, on property located at 2649 Casco Point Road, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand end seal this 3rd day of May 1985. Teri L. Naab, Secretary pf� P YIYdYO Affidavit o/ Publication aero ^" �""'��""�' wa "r • `"a" State of Minnesota. County of Hennepin w.wyn wr ao��eaw.em" ft baYnMw •.�lwalaa two a Bill Holm. being duly sworn, on oath Bays that he is .�aa e...e•rrr�w an authorized agent and employee of the publisher the known as THE LAKER. Mound. Min- wrw .rr�.rwrll w.. of newspaper reacts. and has full knowledge of the facts which are a ti ft MTm stated below. �al ales the A) The newspaper has complied with all re- arriOFawe!alaRrarrr quirements constituting qualifications as a qualified 1i1111IWWI a 111a, Irr"Ite,ar, um 7 newspaper. as provided by Minnesota Statute rrR 331A.02. 331A.07. and other applicable laws. as amended �� O'7jCt B.) The printed lir which Is attached was cut from the columns of Mid newspaper. and y'as printed Mid published once each week for / successive weeks: It was first published Tut ,day. the 7 ed p day o1 19 `f t . and w s thereafter pdntublished every Tuesday. to and including Tuesday. the day of .19 Whollzell AWrrt Subscribed and sworn to me, ,,oyn /this day of ,'�"" �7 �. 19p Raft lnfe e.,On jL1/i: - L!� I t l lawaat clws`led rat. C by camm.rcul veer. to c.nprati. r -. .Cane Sate P.r Yrch. f. tllfll111✓tU11 12).w. rat!aler We EY i0w tarWw. mr1Ur a413 n.r MCa. 9 J 131 Pate Each lackJffi alatwccea. ,. rw.etkr 524 75 w rur[h CITY OF ORONO l #9,24 a3-aa- MiNNF �,Oryk4 IRK B4r. ORONO HARDCOVER CALCULATION WORKSHEET C. Existing E. Proposed LAKESHORE A. Existing B. Existing D. Proposed F. Allowed SETBACK hardcover hardcover SETBACK lot area hardcover hardcover hardcover ZONE in zone in zone percentage in zone percentage ��// ((MA) x 1001 (MM x 1001 percentage 0-75' �7sno sf sf % 99 sf Z , Z % 0 75-250' -7300sf 318%sf 31S` sf yy zs 250-500' sf sf sf 30 500-1000, sf sf % sf % 35 Directions: A. Existing Lot Area in Zone - incluaes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. 7 Y.'2 = Io 13 SID. Jos, Sa / 2 5, Ps g x I3•i lot{. 8 CoNc 8��5 -70 : o %O, .......... _. 318(c�. yq ADD, T1Ue.a1. (Z.A ce-t..,i �a,PZcovPra -iso !� /N j'iaoP�svf� C)eeK Piptosev k 1q0. ut o Ne �� N �e4e 50 � f •t y�o 2(p•rot cr__co P� Ae Certificate of Survey ror Jon Scherven of Lot 138, Spring Park LASE Hennepin County, Minnesota L Yb C* s, S.Nuw ;i.�i fi•ff0 f..f i.... 1= _1N bNux bnd 46% r .SA SaNuxr /az ll. T� �4 1 hereby certify that this is a true of a survey rf the boundaries of Lot the recorded plat thereof on file or of deeds in and for Hennepin County, thereon. It does not purport to show CIO � a .e At L f a%ya fYR "•y 1� 11 So..nacs ' NY N Z,S•X2. S' I. V correct represenLatlun I *Spring Park. according to record In the office of the Megister the location cr all buildings, if any other improvements tor encroachments. GOPDDH H. COFFIN CO„ INC. Scale. 1 inch z 30 feet Date October 22.2, 1984 • iron marker found 12755 o Iron marker set Cord,, it. carin Deg. No. 6064 Engineers and land Surveyors —.- .i{fy l...ke. MSmrenoLa 90c Crow City Planning Commission and Crow City Common aft Proposed Addition 2649 Casco Point Road Jon 9cherven After reviewing the plane for the addition to the property at "649 Casco Point Road by Jon acherven, we, as immediately adjacent oroperty owners. do hereby formally appron of the improvements not fortF: in these plane. I • e � ` I jC. en - Point Road February 24. 1985 #(-,t\()S col M Orono City Planning Commission end Orono City Council RRm Proposed Addition 2649 Cron Point Road Jon Scheresn After reviewing the plane for the addition to the property at 2649 Cmsoo Point Road by Jon Schersen, re, as immediately d,jaosat property owners, do hereby formally approve of the improvement, set forth in these pleas. i one re 2659 Crco Point Rod February 24, 1985 To: Planning Commission Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: April 10, 1985 Subject: 6908 John Scherven, 2649 Casco Poin: Road - Variance Application - Average setback variance for construction of addition to home; hardcover tradeoffs proposed. Note - during review of this application, staff notes that basement appears to contain a second kitchen and is apparently proposed to contain a second dwelling unit, requiring a Conditional Use Permit. List of S:hibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Exhibit E - Staff Hardcover Calculations Exhibit F - Addition Plans Exhibit G - Resolution 41687 The applicant is requesting to build a two-story addition over the existing concrete slab and deck on the lake side of his parents home. The addition is proposed to include additional 2nd story deck, portions of which are proposed to extend into the 75' lakeshore setback zone. It is likely that this deck could be redesigned to eliminate the encroachment. Applicant proposes tradeoffs in hardcover so that there will be no net increase in hardcover on the property. Existing 75'-250' hardcover is 441. As noted above, in reviewing the construction plans staff noted a second kitchen proposed to be installed in the lower floor. Applicant states that he plans to buy the home from his parents since they are near retirement, and his parents would live in the basement unit. This second dwelling unit requires a conditional use permit. The property is only 0.27 acre, not meeting the 1.0 acre which would normally be required in the 1/2 acre zone for a guest house use. Applicant is willing to agree to never renting out the second unit. Perhaps a "temporary" guest apartment conditional use permit would be in order, such as was granted to Edward Beck on North Arm Drive. (A copy of that resolution is attached.) The average setback variance required is due mainly to the location of the house to the south an average of 100' from the shoreline. The neigh- bors to the north and south (Christianson and Hartwell, respectively) have given written approval of the project. Staff would suggest that the average setback variance be granted based on the hardship of the location of the existing building; that the 75'-250' hardcover variance be granted subject to removal of an equivalent amount of existing hardcover; that the deck be redesigned to not encroach into the 0- 75' setback zone, and that the applicant be required to file for a condi- tional use permit for the temporary guest house use, for public hearing at your May meeting. The variances and conditional use permit recommendations would then be submitted to the Council at the same time. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 7 #907 JAMES BIGRAM 1. Total hardcover within the lakeshore setback area will be 3.3% within the 0-75' setback area and 39.7% within the 75-250' setback area. 2. Applicant has worked very hard in improving the run off with the terracing of the yard. 3. Applicant has recently installed a septic system in November, 1984. 4. Staff draft a resolution to be filed in the chain of title noting the septic situation and cautioning a future owner about the possible septic problems. 5. Applicant's proposal is the only place to expand on the lot because of the topography of the land. 6. Conditions 1, 2 and 5 of previous Resolution #1600 be : mpleted in a timely manner. 7. No future variances will be granted based on the limitations of the property. Motion, Ayes IFI, Nays (0). t-- L#908 JON SCHERVEN 26" CASCO POINT ROAD VARIANCE PUBLIC HEARING 9:25 - 10:00 PM Jon and Al Scherver, were present. Chairman Callahan announced that now was the time and place for the public hearing concerning Jon Scherven's variance. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted that the applicant is proposing to build a two-story addition over the existing concrete slab and deck on the lake side of his parents home. Gaff ron noted that in the construction plans a second kitchen is proposed to act as a second dwellirg unit that his parents would live in. Gaffron noted that the applicant proposed equal amounts of hardcover tradeoff. Rovegno noted that he has no problem with the variance because of the trade of f factor but that he has a problem with the conditional use permit because the property does not have adequate area to support a second dwelling unit. Kelley felt that the City could place the same restrictions on Scherven's application as they did in the Beck's application. Kelley felt that the resolution should be filed in the chain of title and require that the conditional use permit not transfer to a new owner. � r i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 8 9908 JON SCHERVEN Taylor suggested using the same conditions as in the Beck Resolution 11687 as follows: 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be conveyed to any purchaser of the property. 3. The guest apartment may not be rented out. 4. This use is subject to City review at the end of four years. Jon Scherven st.:red that he will need more than four years as his parents plan to retire t'iere. Scherven noted that the house needs uigrading and he proposes to do that. Zoning Administrator Mabusth asked if there was a separate entrance to the guest apartment use. Jon Scherven stated that there is the main entrance to the vestibule and then a door leading downstairs and a door leading to the upper level of the house. Rovegno noted that this would be like a duplex on a quarter of an acre. Rovengo felt that this was not enough area. Chairman Callahen closed the public hearing at 10:00 p.m. Taylor move, Sime seconded, to recommend approval of the variance based on the hardship of the location of the existing building and that such approval of variance is subject to removal of an equivalent amount of existing hardcover and the deck may not have concrete underneath the deck if it extends into the 0-75' setback area and to further recommend that the applicant be required to pay the fee for a conditional use permit subject to the following: 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be conveyed to a purchaser of the property. 3. The guest apartment may not be rented out and such to be confirmed by staff yearly. 4. This use is subject to City review at the end of four years. Motion, Ayes (5). Nays (1). Planning Commission member Rovegno voted nay. Rovegno felt that the property did not have adequate area to support a second dwelling unit. To: Planning Commission Fro•: Michael P. Gaffron, Assistant Zoning Administrator Date: May 15, 1985 Subject: 4924 John Scherven, 2649 Casco Point Road - Conditional Use Permit Zoning District - LR-1C 1/2 Acre Application - Conditional Use Permit for a guest apartment in basement of existing house - concurrent with pro- posed addition and remodeling (application 4908 - average setback varianc with hardcover tradeoffs). List of 8zhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Exhibit E - Guest Apartment Plans Exhibit P - Memo of 4/10/85 Exhibit G - Planning Cor.nission Minutes - 4/15/85 Meeting You will recall that the applicant appeared before you at the April meeting for a average setback variance and an addition with hardcover tradeoff. The applicant also was requesting a guest apartment use, as he is buying the home from his parents who will live in the guest apartment; the applicant will live in the remainder of the house. Please review your minutes. You approved the conditional use permit with four conditions re- garding use of the property. Tonight you are asked to hold a formal public hearing on the conditional use permit application, and reaffirm your previous action. This item will be taken directly to Council on May 28 for final action along with the variance application. MINUTES OF THE ORONO PLANNING COMMISSION MEETING NELD NAY 20, 1985. PAGE 17 4921 VAN EECKHOUT Van Eeckhout noted that the home met the setbacks at that (CONT) time, but once the footings for the garage were dug it was apparent that the setbacks were 11' from the lot line. McDonald noted that the setbacks should have been confirmed by the inspector at the time of the footing inspection and should have known that the garage footings were forthcoming. Chairman Callahan closed the public hearing at 11:26 p.m. McDonald moved, Sire seconded, to recommend approval of the variance application of Chuck Van Eeckhout based on staff's error in verifying the setbacks at the time L•f the footing inspection. Motion, Ayes (6), Nays (0). i9z4 � sceERVBN O POINT ROAD CONDITIONAL USE PRRMIT PUBLIC HEARING 7:54 - 7:57 PM John Scherven was not present. Chairman Callahan called for the public hearing concerning John Scherven's conditional use permit application. Assistant Zoning Administrator Gaf fron noted the certifiLate of mailing and the affidavit of publication. There was no one present for the audience for this public hearing. Assistant Zoning Administrator Gaffron noted that the applicant appeared before the Planning Commission in April for an average setback variance and an addition with hardcover tradeoff. Gaffron noted that the applicant is requesting a guest apartment use to allow his parents to live in the apartment. Chairman Callahan closed the public hearinq at 7:57 p.m. Kelley moved, McDonald seconded, to recommend approval of John Scherven's conditional use permit application to permit a guest use apartment subject to the following conditions: 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be conveyed to any purchaser of the property. 3. The guest apartment may not be rented out. 4. This use is subject to City review at the end of four years. Motion, Ayes (5), Nays (1). Planning Commission member Goetten voted nay. Goetten felt that the lot should have the area required in order to sustain the extra guest apartment use. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: May 22, 1985 Subject: Jon Scherven, 2649 Casco Point Road #908 Variance; 4924 Conditional Use Permit Zoning District - LR-lC 1/2 Acre Application - Conditional Use Permit for a guest apartment in basement of existing house - concurrent with proposed addition and remodeling (average setback variance with hardcover tradeoffs). List of Ezhibits Exhibit A - Applications With Neighbors' Letters of Approval Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit C - Survey Exhibit E - Staff Hardcover Calculations Exhibit F - Addition Plans Exhibit G - Resolution f1687 Exhibit H - Planning Commission Minutes 4/15/85 The applicant is requesting to build a two-story addition over the existing concrete slab and deck on the lake side of his parents home. The addition is proposed to include additional 2nd story deck, portions of which are proposed to extend into the 75' lakeshore setback zone. Appli- cant proposes tradeoffs in hardcover so that there will be no net increase in hardcover on the property in the 75-250' zone. Existing 75'-250' hard- cover is 44%. A slight increase of 98 square feet hardcover in the 0-75' zone is requested, increasing this hardcover from 0% to 2%. In reviewing the construction plans during the variance review, staff noted a second kitchen proposed to be installed in the lower floor. Appli- cant states that he plans to buy the home from his parents since they are near retirement, and he will live upstairs while his parents would live in the basement unit. This second dwelling unit requires a conditional use permit. The property is only 0.27 acre, not meeting the 1.0 acre which would normally be required in the-1/2 acre zone for a guest house use. Applicant is willing to agree to never renting out the second unit. A public hearing on the conditional use permit application was held on May 20, 1985, with no objections from the public. The average setback variance required is due mainly to the location of the house to the south an average of 100' from the shoreline. The neigh- bors to the north and south (Christianson and Hartwell, respectively) have given written approval of the project. Staff would suggest that the average setback variance be granted based on the hardship of the location of the existing build-ig; that the 75'-250' hardcover variance be granted subject to removal of an equivalent amount of Zoning File k908 and 924 Jon Scherven May 22, 1985 Page 2 of 2 existing hardcover; that the deck be redesigned to not encroach into the 0- 75' setback zone; and that the conditional use permit be granted subject to the conditions enumerated by the Planning Commission. The Planning Commission reviewed the variance and conditional use permit requests at their April 15, 1985 meeting, and the formal public hearing for the conditional use permit was held on May 20, 1985. The Planning Commission's recommendation is as follows: 1. Approve the average setback variance of 8' for the proposed addi- tion, noting that the neighbors have stated tTsy have no objection to the addition, and noting that the addition will be placed in an area of existing hardcover. Hardship; location of existing house and neighboring houses. 2. Approve the portions of the proposed 2nd story deck within the 75- 250' setback area, which deck will comprise approximately 190 square feet in the 75-250' setback zone. Applicant has identified 190 square feet of existing hardcover which he will remove concurrent with the application, for no net increase of hardcover in the 75-250' +one. 3. Approve the additional 98 square feet of proposed deck which will encroach into the 0-75' setback area, and for which the applicant can not make a hardcover trade-off without removing what he considers essential hardcover in the 75-250' zone; under the condition that this deck may never be enclosed and may not have concrete or other impermiable surfaces placed underneath this portion of deck. The 0- 75' hardcover will increase from 08 (existing) to 2%. 4. Approve the conditional use permit for guest apartment use subject to the following conditions: A. The guest apartment is for use of family members only. B. This guest apartment use may not be conveyed to a purchaser of the property. C. The guest apartment may not be rented out and such to be confirmed by staff yearly. D. This use is subject to City review at the end of four years. Please review the April 15 Planning Commission minutes. The Planning Commission action of April 15 regarding the conditional use permit was reaffirmed on a 5-1 vote on May 20, with Commissioner Goetten voting nay based on the property not meeting the required total of 1 acre in area. Resolutions reflecting the Planning Commission recommendations have been drafted and are attached to this packet. ■ r VLIIMIT -14, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAG- #908 i #924 JON SCHERVEN 2649 CASCO POINT RD (#908) VARIANCE - RESOLUTION (#924) CONDITIONAL USE PERMIT - RESOLUTION Jon Scherven was present with his father A.W. Scherven. Assistant Zoning Administrator Gaffron stated that the applicant proposes to build a two story addition over the existing concrete slab and deck on the lake side of his parents home. Gaffron noted that the applicant proposes hardcover tradeoffs, and that the proposed deck does extend into the 75' setback zone. Gaffron stated that the conditional use permit is requited because the applicant is requesting to use the basement as a guest apartment for his parents who are retiring. Gaffron noted that applicant does propose a kitchen in the basement but has agreed that the second dwelling unit would never be rented out. Gaffron noted the Planning Commissio- did approve the application subject to the following regarding the guest apartment use: 1) apartment for use of family members only; 2 ) apartment use may not be conveyed to a purchaser; 3 ) guest apartment may not be rented out and such to be confirmed by staff yearly; 4 ) use is subject to City review at end of four years. Acting Mayor Frahm asked if a separate entrance is proposed for the guest apartment use. Assistant Zoning Administrator Gaffron noted that the main entrance would be used, but that once inside the main entrance, a door leading to the basement and a door leading to the upstairs is proposed. Zoning Administrator Mabusth explained that the Council did recently approve the Beck conditional use permit which is similar to this application. Councilmember L. Adams felt that the lot is really too small to support another dwelling unit. Jon Scherven explained that his parents have tries' to sell the home and have not been able to. Scherven stated that he has offered to buy the home, remodel it, and then they would be able to live in the basement. Scherven confirmed that he will agree to any stipulations the Council wishes to place on the guest apartment use. Councilmember Frahm noted his concern for the future when the Schervens move out and the future owner may try to rent out the apartment. Frahm noted it is hard for staff to police such a use. Jon Scherven responded that the neighborhood would probably police itself. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE Councilmember L. Adams suggested a compromise with one kitchen. Jon Scherven noted that one kitchen would be very inconvenient for all living there. City Attorney noted that the resolution could be written in a manner in which the parents would have no vested rights. Councilmember Frahm stated that the entrance to the home should appear as any other single family residence. Frahm stated that the two doors inside the main entrance should be eliminated so that it does not seem that there are two dwelling units. Frahm noted that he has a problem with the deck extending into the 0-75' lakeshore setback zone. Councilmember L. Adams suggested an alternate plan to give the entrance a more open view and appear as one single family residence. Jon Scherven noted that with this plan it would not be very energy efficient with one door in the winter time. Councilmember L. Adams noted that the current proposal is a potential duplex plan. Council suggested tabling the application to allow the applicant time to redesign his plan. Jon Scherven explained that he is trying to sell his home in Mound and has a purchaser ready to buy if this application is approved. Scherven stated that he isn't sure if the purchaser will wait for two weeks for an answer. Councilmember Frahm moved, Councilmember L. Adams seco, 'ed, to conceptually approve the conditional use permit and variance application but to table application until June 10, 1985, and further directs staff to redraft resolution and applicant to redesign and submit his plan reflecting the following: 1. Deck and steps to remain outside of the 0-75' setback zone and not to extend beyond the side boundaries of the home. 2. Council will grant Conditional Use Permit for a guest apartment use if applicant redesigns proposal to eliminate doors and walls separating the basement and upstairs to give the entrance an open appearance. Motion, Ayes (3), Mays (0). ZONING FILE N0.8/924/ CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 5/30/85 _________________________________________________________________ TO: Jon Scherven COPIRS TO: Box 401 Mound, MN 55364 ----------------------------------------------------------------- TYPR OF APPLICATION: XXX Variance X::X Conditional Use Permit ----------------------------------------------------------------- Date of Meeting: 5/28/85 Vote: 3 For 0 Against COUNCIL ACTION - MOTION: To conceptually approve variance and conditional use permit as per resolution you have, except: 1. Deck may not extend into 0-75' setback zone and must keep within extended side lines of existing house. 2. Entry must be revised to be open, without separate doors for upstairs and downstairs. Deadline Date June 6, (For June loth Council Meet_in XX For submittal of new information (application may be considered formally withdrawn if information or explanation is not provided.) If you desire copies of the official Council minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: June 6, 1985 Subject: Jon Scherven, 2649 Casco Point Road i908 Variance; t924 Conditional Use Permit - Resolutions List of Exhibits Exhibit A - Council Minutes From May 28, 1985 Exhibit B - Revised Plans The applicant has revised his plans so that the entryway to the house is open directly to both floors with no interior doors. ,.:. also has redesigned the deck so that no portion of it extends into the 0-75' setback zone nor outside the extended side lines of the existing house. Based on Council's 3-0 vote of conceptual approval on May 28, 1985, subject to the above conditions being fulfilled, staff recommends approval of the conditional use permit and average setback variance per the attached resolutions. ' J C `T 12A! uA L 4 .. City of ORON4� RESOLUTION OF THE CITY COUNCIL - NO. 1774 A RESOLUTION GRANTING 1J� A VARIANCE AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE C/+�•�Yx.r.. n*�4•M:. SECTION 10.20, SUED ION 3 (G) FILE NO 924 WHEREAS, Jon Scherven (hereinafter "the applicant") has an interest in the property located at 2649 Casco Point Road located within the City of Orono (hereafter "City") and legally described as follows: Lot 138, Spring Park (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the creation of a temporary guest apartment within the walkout level of the existing house at 2649 Casco Point Road by constructing separate kitchen facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 924. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The property is approximately 0.27 acres in area. 4. On April 15, 1985 and May 20, 1985 the Orono Planning Commission reviewed the application and recommended approval of the proposed variance to the 1 acre lot area requirement for the temporary second dwelling unit per Zoning Code Section 10.08, Subdivision 3 (A)(7), and recommended approval of a conditional use permit for the temporary guest apartment, subject to the following conditions: a) The guest apartment is for use of family members only. b) This guest apartment use may not be conveyed to a purchaser of the property. c) The guest apartment may not be rented out and such to be confirmed by staff yearly. d) This use is subject to City review at the end of four years. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. )''4 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 ot'ner danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantia' property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a Conditional Use Permit will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neigh- boring properties, nor will it depreciate surrounding pro- perty values and the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application in- cluding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Variance to Municipal Zoning Code Section 10.20, Subdivision 3(G) to allow installation of kitchen facilities to create a second dwelling unit on a lot of area 0.27 acres where 1.0 acre is required for a second dwelling unit, and grants a Conditional Use Permit for temporary use of said unit as a guest apartment subject to the following conditions: 1. Use of the guest apartment unit is limited to family members only. 2. This conditional use permit may not be conveyed or transferred to any purchaser of the property. The guest apartment unit may not be rented out. 4. This conditional use permit is subject to review at the end of four years (May 28, 1989) and subject to yearly staff confirmation of the use. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. 1774 OF 5. This approval is based upon the revised plans submitted by the applicant which indicate an open entry way without separate entry doors for each floor level. (Exhibit A; 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of June, 1985.. ATTEST: Property Owner(s) Mary C. Butler, Mayor Tom Frahm. .lctinq Mayor Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1774 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this — _/,e4-4- day of , 1985 before me a Nog,tary Public within and jjor said county, personally appeared f- . CA-) !C Lls GVe _1 A . known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and lead. +a41, otrC�q AEt P ,j%'Ltt-�?,E-.Y�L� s MYcomNFP Ic Aa prlGN NOTARY PUBLIC N lam, '+ tiN COUtyry4 � utiF 87 MY COMMISSIO ///9EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this L Ml�- day of LJFC!'PtBP7C , 1985, before me a Notary Public within and for said County, personally appeared .�cIN -SC w2w'tU known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Y Ls ,iy� �rAgAEL P. G"'+, t NOTARY PUBLIC V1/aIIC. A..IIN[Ri�.�I • �,. ny HENNEpp� �..,. MY C ISA N EXPIRES WITHIN esFT Of ANY kVETI Arl1 - n .PERM TS i o y -- m w ,5-'—�L-=-------rE �- u c xw ... ... .. _-. ... _ ., ... _ _ , o 1 1 1 IRE PLA0 COMBUSEO. p . T MORTAR R yi •. Lo'I {JCAL - IRE B I ND CHIMNty LINER. NON• �`--- a -- - M!<tl F 1 E 80%. -- t i 51 FAC H 6 f I Ai w / _ N hr m•Ii �.�y i i :a.Z.ah:p• + :H�� IJU A 4- MIN. Ii C *T UA T ONE 1 4s $TA!! F-i' , ISh Memb: III, Re: 1 i+ SMOKE DETECTOR ! p ! r rl i I�QlWTF STATE OFt MINNESOTA q COUNTY OY HENNEPIN CITY OF ORONO I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoidt copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a a 2et,ing of said City Council held on June 10 , 19 85 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness. Whereof 2nd ,'day of (SEAL) I have here into set my hand and seal this December 1985 bthy M. Alin, City Clerk This document is being recorded for the benefit of the City of urono per Minnesota Statutes 386.77. t,06?1375oio.w�u •h�U: 1�6SDEC 13 PM 1: 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING BELD JUNE 10, 1985 PAGE 5 Wheeler stated that he would like the same consideration. Wheeler stated that if the City doesn't feel they want to follow up on his complaint, then he wants the same consideration. Acting Mayor Frahm explained that the subject neighborhood has forced the City in a very precarious position legally. Frahm noted that the City is forced to do things by the book and that the City is past the point in trying to reason with the neighbors. Frahm stated that any complaint that Wheeler has filed, staff should follow upon and require a variance or citation if there is violations. Frahm noted that if Wheeler wishes to keep the hardcover, he will have to apply for a variance to the original variance. City Administrator Bernhardson noted that staff will report back to Council regarding Wheeler's complaint against his neighbors in twc weeks (June 24, 1985). Jerry Wheeler submitted two pictures of his neighbors that have their own parking pads and utilize them. Wheeler noted that he is anxious to solve the complaint. Wheeler noted that the City was so prompt to act when a complaint came in against him, but took so long to act on his complaint against his neighbor. Wheeler stated that he has been asked by the City to get an engineer's opinion regarding the hardcover and formally requested the City make the same request of his neighbor. ADDITIONAL PUBLIC COMMENTS Sandy Sandgren of 1215 Arbor Street stated that recently the City had much controversy over a fence on Stubbs Bay blocking the lakeshore. Sandgren stated that the same situation has developed over at the end of Spates Avenue and Shoreline Drive. Sandgren stated that the fence blocks the view of the lakeshore and the Hennepin County road signs. Sandgren noted that kids are writing obscene words on the fence. Acting Mayor Frahm stated that the fence ordinance issue is on the agenda later in the evening. Frahm stated that staff is aware of the problem and has investigated into the matter. Frahm noted that the fence will be discussed later tonight. 1906 i 924 �70N SCHERVEN 2649 INT ROAD VARIANCE i CONDITIONAL USE PERMIT RESOLUTION 11773 - VARIANCE APPROVAL RESOLUTION 11774 - CONDITIONAL USE APPROVAL Jon Scherven and A.W. Scherven of 2649 Casco Point Road were present. Assistant Zoning Administrator Gaf f ron explained that applicant has revised plans according to Council's direction. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 6 Acting Mayor Frahm moved, Counci lmember L. Adams seconded, to approve Resolution 41773, A Resolution approving a variance per revised plans showing no encroachment into the 0-75' setback zone, subject to the drawings to be attached to the resolution. Motion, Ayes (4), Nays (0). Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution 41774, A Resolution approving a conditional use permit to allow a guest apartment use per revised plans showing. an open appearance in the entrance of the home, subject to the drawings to be attached to the resolution. Motion, Ayes (4), Nays (0). 4910 JAMES HOFF 2056 SHADYNOOD ROAD CONDITIONAL USE PERMIT RESOLUTION James Hoff was present. Neighbor Neil Blesi of 2064 Shadywood Road was also present. Assistant' Zoning Administrator Gaffron explained that the applicant requests permission to regrade his lakeshore yard to better conform with his neighbors and create easier maintenance of the yard. Gaffron noted that the original plans did not reflect the applicant's intent and the applicant has revised the plans to show the contours to better match his surrounding neighbors. Gaffron stated that the applicant intends to cut dewn one of the retaining walls that is in disrepair. Gaffron noted that the grading would extend within 10' of the lakeshore. James huff stated that he has tried to mow the yard and it is too difficult with the steep slope. Hoff noted that he has turned over mowers trying to maintain his yard. Acting Mayor Frahm asked what the hardships were to justify granting of this conditional use permit. Assistant Zoning Administrator Gaffron did note that there is definitely a safety factor in trying to maintain the yard. Gaffron reported that according to the neighbor the grade was originally what is proposed now and that the previous owner filled in the area. Gaffron noted that the City Engineer's review of the original plan revealed that it would not help infiltration and may not be beneficial from an infiltration standpoint. Gaffron noted that during a rainfall or snowmelt period, the runoff is slowed at the upper plateau where some infiltration occurs, but whatever hits the steep slope has a high runoff rate. Gaffron explained that with this regrading proposal there would be a gradual slope which might slow the runoff to the lakeshore but might also reduce infiltration. Neil Blesi of 2064 Shadywood Road noted that he is in favor of the application and that the lot would looms better. CITY of ORONO Pwi Office Box 66*Cry wl Bay. Minn ME *Muwapal Offiw On the North Shore of Lake Minnetonka June 18, 1985 To Whom It May Concern: Re: Application 4908 Jon Scherven - Variance - % 49 Casco Point Road Application 4924 Jon Scherven - Conditional Use Permit - 2649 Casco Point Road On June 10th, 1985 the Orono City Council approved the attached Resolutions 41773 and 41774, granting the requested variances and conditional use permit for a guest apartment and addition. Sincerely, r Michael P. Ga fron, Assistant Zoning Administrator Enclosure P'9LDING A ZONING - 4737337 a ADIANISMATON• FINANCE -4737358 a PUBLIC WORKS -47'7359 ASSESSING CITY OF ORONO Jon Scherven 2649 Casco Point Road Wayzata, MW 55391 CITYof ORONO 1'..t Office Raa f6.cO+ I R•Y' M.... a 55=-MunidM1 Olfim On the North Shore of Lake Mirmetonka November 26, 1985 Re: Resolutions approving variances and conditional use T.•,rmit. Dear Jon: In order for the City Attorney to file the resolutions approving your variance and conditional use permit in the chain of title, we need your signature on the original resolutions. Please stop in the office (Monday thru Friday, 8:00 to 4:30) to sign the resolutions. If this is inconvenient, perhaps we can make other arrangements. Sincerely, Michael P. Gaffron, Assistant Zoning Administrator BUILDING& /OMM, - 411.1337 • AOM1N1STR %110S A 19cAN1 E 473 733E • Pr RLK WORKS 4'1 7359 ASSESSING