HomeMy WebLinkAboutProject PacketCITY of ORONO
Pat Otna Boa 666C,ystal Bay, Minn4eota 6632TaMunidpal Of low
OF
• ' • • On the June 27North o, a of990 a Minnetonka
Chuck Downey
2665 Casco Point Road
Wayzata, MN 55391
Dear Mr. Downey:
A conditional use permit application was received by the
City on June 22nd, sometime in mid -afternoon. This application
is not complete and has not been accepted for review by the
Planning Commission at their July 16, 1990 meeting.
I have once again enclosed a copy of the notice sent to you
in April that listed the required submittals for both the current
variance application and your proposed conditional use permit.
In review of the information and submittals provided with
the conditional use permit application, the following information
has been found lacking:
1. A property owne-s list of all property owners within
3501, labels of those property owners, and a plat map of
Chat notification area (this will be provided by the County
with the certified property owners list).
Staff has enclosed a copy of the conditional use permit
application once again for your information and use.
2. The updated survey does not show the proposed entry
improvement.
3. In review of the revised hardcover facts, staff would
recommend that your survey also designate the areas of
existing hardcover to be removed with hardcover now at
almost 60% ithin the 75-250- setback area and the clear
direction of the Planning Commission that you must hold
hardcover within this zone at 45%.
BIIt .NG•WNING-4W3S7 a .ADMIN MRATION 6 FINANCE-4W3M a PL'6LICWONKs-V}np
A MING E41-47 0 10
Chuck Downey, 2665 Casco Point Road
June 27, 1990
Page 2 of 2
4. Topographic work showing proposed and existing
elevations. As you are dealing with not only a conditional
use permit for the land alteration and construction of
retaining walls, the application includes a variance for
work done within the lakeshore protected area. It is
imperative that the existing elevations and proposed
elevations be shown to confirm a hardship based on existing
steep elevations.
In addition, as the original notice advised, please provide
other evidence of the impact created by previous grade changes to
the Holzer property.
Please contact my office if you have any further questions
concerning this matter.
Sincerely,
-LIW—`%%uc�l/S7Z�)
Jeanne A. Mabusth,
Building 6 Zoning Administrator
JAM/tln
Enclosure - Council Action Notice 4/17/90
Conditional Use Permit Application
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# 11�11
70
,1
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "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 inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or license.
3. The information may be shared with other local, state
or federal agencies to the extent necessary to process
the permit or license.
4. If your requested permit or license reqires council
action to approve, some information may become public.
5. You have tertian rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application or permit.
Firstkl_ Mid a Last
a Lt Lr �
Address
1. )W Z&L�
DateDateo rrth oes not apply to building/general permits)
K`7l 7 yc)
Phone
I understand m rights as stated above.
7
X
Signature
513.04 RIGHTS OF SUBJECTS OF DATA
Subdivision I. Type of data. The rights of individuals 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. Anindividual asked to
supply private or confidential data concerning himself shall be informed of: (a) the
purpose and intended use of the requested data within the collecting state agency,
political subdivision, or statewide system; (b) whether he may refuse or is legally
required to supply the requested data; (c) any known consequence arising from his
supplying or refusing to supply private or confidential data; and (d) the identity of
other persons or entities authorized by state or federal law to receive the data. This.
requirement shall not apply when an individual is asked to supply investigative data,
pursuant to section 13.33, subdivision 5, to a law enforcement officer.
I ____ __.. _,... •h. —+;'. under this
Subd. 3. Ace= to data by individual. Upon request to a responsible
authority, an individual shall be informed whether he is the subject of stored data on
individual, 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, shell
6e informed of the content and meaning of that data. After an individual has been
shown the private data and informed of Its meaning, the data need not be disclosed to
him for six months thereafter unless a dispute or action pursuant to this section is
pending or additional data on the individual has been collected or created. The
responsible authority shall provide copies of the private or public data upon request by
the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the
copies.
The responsible authority shall comply immediately, if possible, with any request
made pursuant to this subdivision, or within five days of the date of the request,
excluding Saturdays, Sundays and legal holidays, if immediate compliance is not
possible. Lf 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 actuate 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.
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cnrxricATa or MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
1
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of t1570, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 8th day of August, 1990.
Jamie BqAma
CITY OF ORONO - NOTICE
The Planning Commission will hold Public Hearings in the Council Chambers
at 1275 South Brown Road on Monday, August 20, 1990 for the purpose of
reviewing the following land use applications:
1. 01570 Chuck Downey of 2665 Casco Point Road has applied for a
conditional use permit and lakeshore hardcover and setback variances for
proposed land alterations within the lakeshore yard involving the
installation of retaining walls located within the lakeshore protected
area.
2. t1572 Guenther 6 Gertr.' Noelting of 1060 Tonkawa Road seek approval
of a conditional use permit and a variance for Land alterations within the
lakeshore protected area involving the installation of a permanent dock.
3. ►1574 Jim and Susan Ron-ld of 2565 Dunwoody Avenue seek approval of an
average lakeshore setback and hardcover variances for an addition to the
north side of the existing residence.
4. 41575 Judson Dayton, the current owner of 1111 Tamarack Drive, has
applied for a conditional use permit to conduct a Waldorf pre-school and
kindergarten at the existing residential site.
5. 01576 John and Kit Wojcik of 3310 Bayside Road seek approval of a side
setback variance for an addition to the existing residence.
6. #1577 Norman forrison of 2250 Longview Circle seeks approval of a side
setback variance for a proposed tennis court.
7. 01578 Al and Libbie Hopwood of 1205 Lakeview Avenue have applied for
after -the -fact side and front street setback variances for a deck installed
to the street side of the existing residence.
8. i1579 Garry Everson of 4755 North Shore Drive has applied for after -
the -fact hardcover and side setback variances for a deck constructed at the
lakeside of the existing residence.
9. i1580 Patty Plant of 2245 Watertown Road seeks approval of a front
street setback variance for an addition to the existing residence.
10. 41581 Robert Koehnen of 537 Hanlon Avenue seeks approval of a front
street setback variance for a deck and gazebo addition to the existing
residence.
11. i1582 Carol Burgess of 2800 Pheasant Road seeks approval of an average
lakeshore setback and hardcover variances for a deck and screen porch
addition to the existing residence.
All persons wishing to be heard will appear at this meeting. written
comments are solicited. Plans are available for review in the City
offices, by appointment.
City of Orono
By: Planning Commis(s.on
Jeann . Mabusth, Building L zoning A m n s ram
To he published the week of August 6, 1990.
CITY of ORONO
Pmt omm Boa 66•Crys•1 BOY. Minnmm• 5S323•Mu p•1 Offi�
e�-•a. �: On the North Shore of Lake Minnetonka
December 31, 1990
Glenn Cook
Bonestroo, Rosene, Anderlik 6 Associates
2335 west Trunk Highway 36
St. Paul, MN 55113
Re: #1570 - Chuck Downey, 2665 Casco Point Road - Conditional
Use Permit for Installation of Retaining walls within
Lakeshore Yard
Dear Glenn:
Mr. Downey has submitted the following information in
response to our comments and directions at our site inspection
Last summer.
Please advise my office by January 7, 1991 if the
information is adequate for you to make a recommendation to the
Plar tng Commission. It would appear that the cross sections
submitted earlier for the previous retaining walls are proposed
for the retaining walls at the shared lot line and to the rear of
the boat house. The original retaining wall tiers have been
excluded from the amended proposal. Applicant has not provided
detail on the type of stairs to be installed in the lakeshore
yard. This letter will serve to notify applicant of the need for
additional information concerning the stair structure.
Please let me know if you need additional information from
our files. The City must be in receipt of your response by
January 7th so that we will be able to advise Mr. Downey if his
application will be re -scheduled before the Planning Commission's
meeting of January 22nd.
Sincerely,
Jeanne Jeanne A. Mabusth,
Building 6 Zoning Administrator
JAM/tln
cc: Chuck Downey, 2665 Casco Point Road, Wayzata 55391
WIIDInGirnNlnG-+rlrnl • ABMmeTAn nCE-at]-�JA • Fl1e11C xVaLS-�fltJ9�
Af6G%ING FAX -4u4N1*�nJll•
ORONO PLANNING COMMISSION MEETING FEBRUARY i9, 1991
(T1)ZONING FILE i1619-WHITEHEAD CONTINUED
Whitehead stated that he may b,. willing to negotiate the
road issues if he kn-w that the rest of the proposal would be
acceptable.
Moos stated that in her opinion the road is the major issue,
bot that she would not approve any Variances. She added, "Staff
has conceptually drawn one alternative, there may be others."
Whitehead said, "I understand where the Planning Commission
is a,ming from. I do not mean to lecture the Planning
Commission. However, th_ Planning Commission does not have the
ability j;st to not du something because they don't like to.
There are laws and ordinances. When we qualify for i Variance,
certainly you have some discretion, but it is limited. I think
for you to concern yourselves with the hardship that is presented
by relatively minor- aspects of the Code is an obligation of the
Planning Commission. If the laws allow you to have four lots,
whether somebody is going to bjild tennis courts is not your
concern. It is a concern whether we comply with the Code."
It was moved by Kelley, seconded by Hanson, to recommend
denial ,f tile preliminary subdivisi.=n for Marc and Tracy
Whitehead, based on there being no demonstrated hardship for the
Variances requested, and that what '.a being proposed for Lyman
avenue poses a threat to the public's health, safety and welfare.
Motion, Ayes-5, Naas-0. Cohen abstained.
(t2)ZONING PILE #1570-CROCK DOWNEY
2665 CASCO POINT ROAD
CONTINUATION OF PUBLIC HEARING -CONDITIONAL USE PERMIT
Chuck Downey was present.
Kelley re -opened the Public Hearing on this matter at 8:10
p.m., and asked Mabusth to present the information pertaining to
Mr. Downey's application.
Mabusth slated that Staff met with Mr. Downey at the site to
discuss alternatives to the tiers of retaining walls, which were
too intense and did not fully address the drainage problem. She
said, "Mr. Downey is niw proposing to construct a 25 lineal foot
retaining wall with a height of three to three and a half feet.
The wall will channel drainage along the lot line where it will
then fan out toward the lake. In order to preserve mature trees
and an existing boathouse in the lakeshore yard, a retaining wall
approximately 58 feet in length, and four to four and half feet
high would be constructed. The Cite Engineer has requested that
additional 'deadmen' be added to the installation of the wall to
provide more support. Mr. Downey alp;o intends to remove the
existing steps and replace them with cement pads that are three
feet wide and would be trimmed with timbers. Hardcover within
the 0-75' and 75-250' setback areas would be reduced."
ORONO PLANNING COMMISSION MEETING FEBRUARY 19, 1991
({2)ZONING FILE #1570-DOWNEY CONTINUED
There were no public comments regarding this matter and
Kelley closed the Public: Hearing at 8:17 p.m.
.it was moved by Cohen, seconded by Hanson, to recommend
approval of a Conditional Use Permit for the construction of
retaining walls at 2565 Casco Point Road. Moos asked if it will
be necessary to screen the retaining walls fr.>m the lake.
Mabusth stated that due to the height and location of the walls,
screening would not be needed. She said. "Staff has pointed out
the need for Mr. Downey to maintain the upper retaining wall
because of the potential erosion created by severe slopes and
channelization of runoff by the wall. If erosion does occur, he
should come back to the City. Motion, Ayes-6, Nays-0. Motion
passed.
(+3)ZONING FILE {1609-ALICE BROCK
2780 SHADYNOOD ROAD
PUBLIC HEARING -AFTER -THE -FACT AND PROPOSED VARIANCES
Alice Brock was present.
'felley opened the Public Hearing at 8:20 p.m., and asked
Mabusth to provide a review of the application.
Mabusth asked if the Planning Commission members were able
to view this property prior to the snow storm.
The Planning Commission members indicated that they had not
seen the property without the additional snow.
Mabusth said, "Staff went out to the site to look at the
landscape area underlain plastic. The plastic has deteriorated
to a point where I •could not consider it to be hardcover.
Council, at their February llth meeting, conceptually introduced
a policy whereby landscape plastic within the 0-75' setback area
can no longer be trad.ad for structural hardcover, and must be
removed entirely. Ir_ is my understanding that Mastic is
located in the 75-250' or 250-500' setback are- hardcover
exceeds the allowed percentages for those areas, -cess must
be approved or removed, aid cannot be trad.:d _" structural
hardcover."
Bellows asked if the deck stairs are included in the deck
measurements.
Mabusth replied, "The stairs are included in the hardcover
calculations."
Ms. Brock stated that the catwalk was included in the
contractor's plans. She said, "The contractor is now bankrupt
and cannot b•e located. Tie extension of the deck was planned
specifically so that a catwalk could be extended to the back
- 9 -
ZONING PILE NO. 1570
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 2/28/91
--------------------------------------------------------------------------
TO: Chuck Downey COPIES TO:
2665 Casco Point Road
Wayzata, MN 55391
-----------------------------------------------------------
TYPE OF APPLICATION: Conditional Use Permit ^lariance
------------------------------------------- -------------
DATE OF MEETING: 2/19/91 VOTE: r 0 Against
Planning Commission recommends the following:
Approval subject to conditions noted in staff memo previously sent
prior to Planning Commission meeting. As you will remember, Condition 4
asked that you submit a survey/site plan designating existing hardcover
improvements to be removed. You have submitted hardcover fact sheets
citing areas of removal, but a site plan did not accompany the hardcover
fact sheets. This information becomes most important for staff use in the
field. We must be in receipt of this plan no later than Tuesday, March 5,
1991.
Applicants' next scheduled meeting is confirmed as City Council on
Monday, March 11, 1991; meeting ats- a at 7:00 pm.
If you desire certified copies of the official Planning Commission
minutes, they are available from the City Clerk after review and approval
by the Planning Commission.
To: Mayor Peterson c Orono Council Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building i Zoning Administrator
Date: March 6, 1991
Subject: 11493 c #1570 Chuck Downey, 2665 Casco Point Road -
Variance/Conditional Use Permit - Resolution
The comprehensive application review involves the following
ordinances:
1. Section 10.22, Subdivision 1 - After-ther-Fact Average
Lakeshore Setback Variance for second story deck constructed
sometime in 1982. Note: Entire second story deck is
located in front of the average lakeshore setback line.
Review Exhibits J, M-1 and M-2. At the August 20, 1990
meeting of the Planning Commission, members recommended
approval of the after -the -fact variance for the lakeside
deck subject to the applicant obtaining a building permit
and paying appropriate penalty fees.
2. Section 10.22, Subdivision 2 (a) - Hardcover variances
required for new improvements within 0-75' and 75-250'
setback areas.
a. 0-75' setback area = 4,500 s.f.
Existing = 718.7 s.f. or 15.97%
Proposed = 652.9 s.f. or 14.54•
• Original steps = 142.5 s.f.
Proposed steps = 153 s.f., a net increase of 10.5 s.f.
Retaining walls = 29 s.f. additional hardcover
• Applicant proposes removal of 105.3 s.f. of existing
hardcover (90.6 s.f. of structural hardcover) for a
reduction of 66.3 s.f. of hardcover within the 0-75'
setback area.
b. 75-250' setback area = 8,325 s.f.
Existing hardcover = 4,990.1 s.f. or 59.94%
Approved hardcover in Application 1787 (1982) = 3,760
s.f. or 45%
Proposed hardcover = 3,967.8 s.f. or 47.61-
• 114 s.f of entry addition + 10 s.f. for retaining wall
matched with removals of 2,136.3 s.f, of paved/gravel
driveway, landscape area underlain with plastic. Refer
to Exhibits I and J.
Zoning File 11493 c 41570
Page 2
Section 10.03, Subdivision 19 and Section 10.55, Subdivision
8 - Land Alterations involving retaining walls within the 0-
75' setback area require both a conditional use permit and
variance approval as no land alterations or structures are
allowed within the 0-75' setback area.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Council Minutes 10/13/82
Exhibit E - Street Elevation
Exhibit F - Floor Plan
Exhibit G-1 - Hardcover/Existing 0-75'
Exhibit G-2 - Hardcover Proposed 0-75'
Exhibit H - Hardcover Existing 75-250'
Exhibit 1 - Hardcover Proposed 75-250'
Exhibit J - Survey -Revised 7/26/90
Exhibit R-1, R-2 - Cook Reports
Exhibit L - Cross Profile Retaining Walls
Exhibit M-1, M-2 - Letters from Adjacent Neighbors
Exhibit N - Planning Commission Minutes - 2/20/90, 3/19/90,
8/20/90
Exhibit O - Council Minutes for 9/90, 9/10/90
Review of Application #1493 -
At the September 10, 1990 meeting of the Council, Council
tabled all action on the hardcover variance application phase of
this review as applicant proposed major land alterations
involving tiers of retaining wall within his lakeshore yard.
Application i1493 involved a hardcover variance for a 6' x 19'
street side addition to the existing residence. Half of the
structure would be an enclosed entry addition and the second half
an open porch with roof overhead. The new addition required no
setback variances only a hardcover variance within the 75-250'
setback area. 84 square feet of the area covered by the 114
square foot entry addition was already covered with non-
structural hardcover consistinc of landscape area underlain with
plastic and paved walkways. As already noted in the hardcover
facts above, with the addition of 124 s.f. of structural
hardcover (114 s.f., entry addition - 10 s.f., retaining wall),
applicant proposes a matched removal of 1,136.3 s.f. of non-
structural hardcover.
Zoning File 41493 i 11570
Page 3
The Planning Commission recommended unanimous approval of
the proposed entry addition subject to the removal of existing
hardcover as set forth above in the hardcover facts. Although
the Planning Commission's original recommendation required
removal of hardcover up to the allowed amount of an earlier 1982
review at 45%, it was noted that surveys of hardcover in that
year did not include landscape areas underlain with plastic. In
addition staff had already confirmed that in the 1982 review, the
expanded gravel area was approved by Council to assist in the
backing out maneuver. Cook at an earlier meeting confirmed that
based on the location of the garage, the gravel area could not
serve as a turnaround area but that the right-of-way of Casco
Point Road was used. The existing gravel area serves as only
additional parking space. The Planning Commission has
recommended that this be removed as a condition of the variance
approval.
The Planning Commission recommended approval of the after -
the -fact average lakeshore setback variance for the Lakeshore
deck constructed without a building permit sometime in 1982.
They based their findings as follows:
Recent letters submitted by adjacent and most affected
neighbors site no problem with location of existing
deck. Review Exhibits M-1 and M-2.
Second story deck does not interfere with the site line
views of lake because of the sloping topographies
within the lakeshore yards.
The Planning Commission recommended approval of the after -
the -fact variance at a 3 to 2 vote. The 2 denial voters did not
support the motion as it included a condition that would require
applicant to pay a double fee with building permit. The minority
opinion felt that because of the lapse in time it was not
appropriate to charge the penalty fee.
The enclosed resolution has been drafted per the Planning
Commission's approval recommendation for Council's review and
action. Please note that the after -the -fact phase of the
application has been conditioned on the penalty fee payment. If
Council wishes to amend the majority action of the Planning
Commission, the resolution can be amended accordingly.
Review of Application 41570 -
Review Exhibit J. Members will note levels of tiered
retaining walls shown on the original land alteration plans for
applicant's lakeshore yard. In the first review the Planning
Commission denied the request finding the plan did not address
the real erosion problems within the lakeshore yard. The
Zoning File 11493 i 41570
Page 4
Planning Commission requested that applicant meet with staff so
that plans could be amended to reduce magnitude of retaining wall
construction and to specifically address the areas of concern.
Those areas were defined as an eroding bank adjacent to boathouse
and erosion near stonewalk adjacent to southern lot line.
The revised plan proposes retaining walls limited to two
sections with one running approximately 45' parallel to the lake
and continuing eastward along the access stairs. The second
section will be placed along the south lot line at approximately
a 3 to 3-1/2' height for 25+. The plan also shows the access
stairs within the 0-75' and within the 75-250' setback area. The
stairs will be reinstalled at a 3' minimum width.
Review Exhibit L. The walls adjacent to the boathouse will
be at approximately a 4 to 4-1/2' height. As for the upper wall
along the southern lot line, Cook cautions that the wall may
channelize the water and erosion problems may result. Applicant
should be placed on notice that he would be expected to
maintain/repair this retaining wall in order to ensure against
any negative impact on the lake. In Cook's report (Exhibit A-2),
he asks that a typical section of the wall be strengthened by
including a lower row of deadman offset from the top row at 8' on
center. Applicant is required to provide erosion control fence
between the work areas on the lake. Erosion control must be
installed prior to any land alteration. Hardcover within the 0-
75' setback area will be increased 29 s.f. and 10 s.f. in the 75-
250' setback area as already noted above in the hardcover facts.
Members unanimously approved the land alterations within the
lakeshore protected area and 75-250' setback area as shown on
Exhibit J based on the following findings:
Application proposes an overall reduction in hardcover
within designated setback areas.
Proposed land alterations and installation of retaining
walls will stabilize the banks and prevent further
erosion.
The stability of an existing boathouse will be secured
and erosion of lakeside banks minimized.
Approval would be subject to the following conditions:
Applicant is placed on notice that the upper wall
sectior may channelize water and create further erosion
problems. Applicant is responsible for the repair of
these areas in order to minimize erosion and protect
quality of run-off into lake.
Zoning File 11493 i i1570
Page 5
Typical section of wall shall be strengthened by
including a lower row of deadman offset from the top
row at 8' on center.
3. Applicant shall be required to provide erosion control
fence between the work areas and lake. Such erosion
control to be established prior to any land alteration.
A single resolution has been drafted for both Applications
i1493 and t1570 that incorporates the findings and conditions in
the approval recommendation of the Planning Commission.
lev
Certificate of Survey
w, for R. Churlos lbi.noy
of Iot 136, Spring Nrk
1;.:cnS,;Jn County, Illnm,aotu
l
Z$ •derv` O._ Ml .
bl
+ IP!h 8Am6e1 / Ie%e La:M •: i[.,,I:.y 6y�. �. th.
e 'ir lezear4awr
♦✓. 0-15 /.Jr/6J /iwac �Q e
J .14
. � te♦.y. x '' __ c.r`I veil
%.aSO I.d Ib.,.Ac a'ee v
y tsrxa /l MNus.k ,d .q) — V
'p lei, tMr aq 11 (n prtpnud gwagc alJf+un
.• ISR lurdm.er(papo.,eJl
I hereby certify that thla Is a Iruu
and correct representation of u :wvey of thu l,.und,i lea m'
Lot 136, Spring Pork, the locution of all s.tulln, Lul Lftib 11._vco.., ..rn the prnposed
location of a proposed builaint.
Scala 10 = 30,
Data t 9-7-C7
o - a Iron aorker
G:n�.l..o It. Cofl'Sn Rag r,. 4
1:,%ii :,orv-,or and Flamer
Wn_; L.ke, hinneeotaa
• 12�So
Certificate. of Stvvey
P. Charles Dxney
of
of (ct 136. Sprinf Port. /
HonnttPlq County. Hinn^eote
Lamside+dl• a .
ep+y N/wsb+er
MI. 4 f M.dnv
�y •. ...r IL' e y 'Rt YEII r '\
3.tSe l..I xlbrk mr+s •'a a°, '
Q 7. rnfdcs+erlsrnlrsq) .- 1
t:a'sq/1�nPmrnxdgn.egeaddl.r I
M.ds+<+l.r.pwedi '
I hereby rartlVy that th1•+ le n true 467.
and correct roprenentetior: r'' a eurvay o!' the h,undvrlen of
Lot 135, Sln•3nf Park, t4+ loriti,n o1nil-zlatirg M:lb!inp thereon, and the proposed
location r+f a pro Pcoal b'. 11 Infr
— UplIT"i GoC + e F
Seale: la = 30' F�o l/_ Gndcn F.Coffin Reg
Data : 9-7-g7 L•irvl Curvoyor and Planner
o t Iron wrknr Won InSe. I3nnosotn
— /BU6.
/`t
i(
ZONING PILE NO. 1493
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 2/26/90
---------------------------------------------------------------------------
TO: Chuck Downey COPIES TO:
2664 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
-----------------------------------------------------------
DATE OF MEETING: 2/20/90 VOTE: 5 For 0 Against
Planning Commission recommends the following:
Tabled for reasons noted below
NOTES AND SPECIAL CONDITIONS:
Planning Commission refused to act on the proposed plan for additional
hardcover variances over the original amount approved in 1982 at 458 with
the variance application that approved your detached yard garage.
Please be advised that you may have your surveyor update your survey
showing all improvements with concurrent hardcover calculations. As was
noted at the meeting, there were several increases in hardcover,
improvements noted on the property. Staff has enclosed a copy of the staff
sketch used in the review of your current proposal. You may decide to
either proceed with an updated survey from a surveyor or you may use the
current staff sketch. In any case, an amended plan must maintain hardcover
at 458.
Per staff's calculations:
3,760 s.f. or 458 hardcover approved in 1982
4,363 s.f. or 52% existing prior to current proposal
4,393 s.f. or 52.6% proposed with the current application
633 s.f. or 7.6% of hardcover has been increased since 1982
In your revised plan, please note all areas of existing hardcover to
be removed should be shown on amended plan.
Please note that the amount shown for the area of the house was a
typo. The area of the house is confirmed at 1,455 s.f. Please review all
totals of hardcover under -Item 1 and you will note that the total is 4,363
s.f.
If you wish to be scheduled before the March 19, 1990 meeting of the
Planning Commission, your revised plan should be submitted no later than
March 7, 1990 to meet the deadline for submission of new information for
tabled items.
Please contact my office if you have any questions concerning the
above.
D�
RETRI4104G WALL }02
BETTY f CN✓GR )Or✓NEY
:.,. iGG5 C KCO PT
_ lUgvtwra � Md.
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{in.6cri
i
CO�^C�-et
TYP. CROSS -SECTION ` s4cp�s
=OA7C'
n. 500T 9q Ir.OreO I P�ar�,�'�-
12%lardn+er SF�
Cr
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of
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R Awr! 350ea Sqq lI. IMrdmVer�„
�DRae _ 3ja Ai7e I,ard�a+erleriali�9)
787� Ito! sgfl is rmRxd,
45IX hard,..er (prapvm
I hereby cartIVY that LhJ•+ I!, n truo
and correct roprenentehJmi r." a rurvnr n1' the Ts,undv
Lot 136, Spring Parka Lhn lo- Linn of nil n intJna E
location of a proioncd Tn:i).• ink.
ol
scale: 1" - 301 /1 A����
Data : 9-7-82 7
o : Iron Imrker
Certificate of Survey
for f. Chnrlen lb:ney
of Vt 13T:, SI7rfilF. Park
lionnel7ln County, Ilinnesote
I -5/QC WM1I
KtSp l••1 as beck e.ne q,ee.
9l50 : aq /l.e�.e
75Lb! s7�1 11_li.rdrnrtr l',isl.ml� — _
AL7e l,a11.oe e(c,islin9) --
LfA= sq./I in rmmmd garegc t�rf,lmn.
A57• be�dt..ee (pr.pomell
cf-
i � S
rm7
uraey of tit? M,un,larles of
n o1 nil 941-MrF NdldinFs thc!reor., and the proposed
Gordon R. Coffin Reg or 4
Lind Surveyor and Planner-
Inn(; Ir!'ee, TUnnesota
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934
A RESOLUTION GRAFTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1,
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.55, SUBDIVISION 8 AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
PILES 11493 AND 41570
WHEREAS, Chuck Downey (hereinafter "the applicant") is the
owner of the property located at 2665 Casco Point Road w?.thin the
City of Orono (hereinafter "City") and legally described as follows:
Lot 136, Spring Park, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for
an after -the -fact variance to Municipal Zoning Code Section 10.22
Subd. 1, to permit a deck constructed in front of the average
lakeshore setback line where no encroachment is allowed and per
Section 10.22 Subd. 2 seeks approval of hardcover variances within the
0-75' setback area for the installation of retaining walls at
approximately 58' in length and the installation of access stairs
resulting in a net reduction of hardcover of 66.3 s.f. or 1.47% (final
hardcover 0-75' - 652.9 s.f, or 14.51) and seeks approval of a
hardcover variance within the 75-250' setback area for a 6' x 19'
entry addition resulting in 114 s.f. of structural hardcover resulting
in a net reduction of 1,022.3 s.f. or 12.3% (final hardcover 75-250'
3,967.9 s.f. or 47.6%) and grants a variance per Section 10.55 Subd. 8
and a conditional use permit per Section 10.03 Subd. 19 that would
allow land alterations involving retaining walls within the lakeshore
protected area where no such alterations or structures are allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 6
o 046
7x�Ho4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934
FINDINGS
1. These applications were reviewed as Zoning Files #1493 and
#1570.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District requiring 21,780 s.f. or 1/2 acre in
area. The property consists of 12,850 s.f, or .29 acres.
3. The Orono Planning Commission reviewed these applications on
February 20, 1990, March 19, 1990, August 20, 1990 and January
22, 1991 and recommended approval of the proposed variances and
conditional use perm. based upon the following findings:
Hardcover variances
a. Excessive hardcover resulted from landscaped areas
underlain with plastic that was not considered hardcover at
the time a 1982 survey was completed.
b. Applicant was advised in an earlier 1982 variance
review to maintain gravel drive area to assist in backout
maneuvering from garage.
C. Hardcover will be reduced 66.3 s.f. or 1.471 in the 0-
75' setback area and 1,022.3 s.f. or 12.3% in the 75-2501
setback area.
After -the -fact aver rage lakeshore setback variance
a. Current neighbors on adjacent properties Fad submitted
letters noting no problem with location of second story
existing lakeshore deck.
b. Second story deck provides no visual impact or
interference with lakeshore views for residences on either
side because of sloping lakeshore topographies.
,age 2 of 6
a ' �_• ,s
F
<9kE3tiO4�
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _234
Conditional Use Permit,'Variance for land alterations
a. Proposed land alterations and installat� retaining
walls will stabilize the steep lakeshore banks and prevent
further erosion.
b. The stability of an existing boathouse will be secured
and minimize erosion of adjacent lakeside bank.
4. 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 properties;
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 substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use permit
to allow retaining walls within the lakeshore yard 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 neighboring properties, nor will it
depreciate surrounding property values and that 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.
6. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variances and conditional use permit on the
health, safety and welfare of the community.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
<,lxH04$ NO. 2934
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants an after -the -fact variance to
Municipal Zoning Code Section 10.22 Subd. 1 for a lakeside deck and
per Section 10.22 Subd. 2 approves hardcover variances within the 0-
75' setback area and the 75-250' setback area that would permit an
entry addition, retaining walls and installation of access stairs
within the lakeshore protected area and per Section 10.03 Subd. 19 and
Section 10.55 Subd. 8 grants a conditional use permit and variance for
the installation of retaining walls within the lakeshore protected
area. Such approvals are subject to the following conditions:
1. All hardcover removals within the 0-75' and 75-250' setback
areas are to be completed prior to footing inspections for new
construction by the Orono Building Department. Existing
hardcover areas scheduled for removal are shown on survey/site
plan and attached as Page 6A of this resolution.
2. Applicant to file for an after-the-fact/penalty building
permit for second story lakeside deck constructed sometime in
1982. The City will require penalty fee payment upon issuance of
building permit.
3. A typical section of retaining wall shall be strengthened by
including a lower row of deadman offset from the top row at 8' on
center.
4. Applicant shall be required to provide erosion control fence
between the work areas and the lake. Such erosion control to be
established prior to any land alteration.
5. Applicant is placed on notice that the upper wall section
may channelize water and create further erosion problems.
Applicant is responsible for the repair and maintenance of this
retaining wall and any land areas disturbed by further erosion in
or,4er to protect quality of run-off into rake Minnetonka.
Page 4 of 6
19x�Ho�4,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934
6. Authorities granted by this resolution run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or the special conditions of this
resolution will expire on that date (March 11, 1992).
7. 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.
B. The undersigned applicant 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 llth day of
4,-c—sL4..aJ � ran• --1 C.Z-E�Lct'L
Barbara A. Peterson, Mayor
1
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
llth day of March, 1991, by Barbara A. Peterson i Dorothy M. Ballin,
Mayor G City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
TNeNw L MANNA, — /jl� 0
�Nf.NN04 couNW Notary Public
rr "0 Page 5 of 6
04 OHO
9$E9H00
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934
On this day of 199 /
before meeg,a Notary Publi withi and or said�ounty, personally
appeared, C' l nv,u:t- 1�., li !lr't�rx>)�dtCtr/7P known to me to be
the person s) des=ibed iAi and whe executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
MY
STATE OF MINNESOTA )
)as.
COUNTY OF HENNEPIN )
W � - N SA
HENNEPIN COUNTY
W � ..vw r
On this day of , 199 , 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 Le (they) executed the same as his
(their) free act and deed.
• NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 6 of 6
qD&of
Er�sl.�
AV. r •�y yv � • S. _
./I C
y f/3►1Dteays0.toAyHyMsIts
e•
YLegal 0escription
Lot 136. Spring park
m
This survey Snows the IOCdtIOn of all existing buildings
Ina nslole "hardcover" in relation to the boundaries of
the so.,. described property. It does not purport to show
any other Inprovenents or encroecnnents.
Date : 94-63.5.16-90 rev. ,=1, v I hereby certify that this survey was prepared by at or
Scale: I- • 30' i;..«�.i under dry direct supervision and that I an a duly reglst-
• Iron marker found ered land surveyor under the laws of the State of Mlnne-
o Iron marker set sota.
::,rings shown are to an COFFIN a GRONSE6G, Inc.
used datum.
a•pyy r..r..^ ar row erg n. Ic. o. Ti
"�': r'•••'•�"•v^ Engineers, Land Surveyors, planners
�v..; �^•••«uvr _, _ _ _ Long Lake, Minnesota - . ._ _ .. _..
LIF
s
t / �
® /ic
/
5-0
-/�j/� /
(ti
/
Legal Description
Lot 136, Spring Park
Date : 9-7-82,5-16-90 rev.
Scale: I" = 20'
• iron marker found
o iron marker set
Bearings shown are to an
assumed datum.
--11t--� (xilfwy °M (Nr
•'.��: /iq•le/ avw/per
Certif icatea
for B. Charle
of Lot 136, Sp
Hennepin County
YIVV
My�
�( Exisfir
Zao9 0.°.
784. BS
This survey shows the location
and visible "hardcover" in rel
the above described property.
any other improvements or encr
I hereby certify that this sur
under my direct supervision an
ered land surveyor under the 1
sota.
COFFIN & /GRONOERG, INC.
MdrK D. bronberg Mn. tic. No.
Engineers, Land Surveyors, Pla
Long Lake, Minnesota
one
24Srr-..
q�v C"XLwe . la(�py, �'.'✓ wY
•,.._.� �w 3 ' '° •�° t9•' � law-li.. Jr .�.-.�.t �^.�.
4laA to lie b" i �w.Meri j' w aA.
Legal Description
Lot 136, Spring Park
Date : 9-7-82,5-16-90 rev.
Scale: I" = 20'
• iron marker found
o iron marker set
Bearings shown are to an
assumed datum.
--11t--� (xilfwy °M (Nr
•'.��: /iq•le/ avw/per
Certif icatea
for B. Charle
of Lot 136, Sp
Hennepin County
YIVV
My�
�( Exisfir
Zao9 0.°.
784. BS
This survey shows the location
and visible "hardcover" in rel
the above described property.
any other improvements or encr
I hereby certify that this sur
under my direct supervision an
ered land surveyor under the 1
sota.
COFFIN & /GRONOERG, INC.
MdrK D. bronberg Mn. tic. No.
Engineers, Land Surveyors, Pla
Long Lake, Minnesota
one
24Srr-..
q�v C"XLwe . la(�py, �'.'✓ wY
•,.._.� �w 3 ' '° •�° t9•' � law-li.. Jr .�.-.�.t �^.�.
4laA to lie b" i �w.Meri j' w aA.
Certificate of Survey
for B. Charles Downey
of Lot 136, Spring Park
Hennepin County, Minnesota
.�°N;"V
eOa7,
/ 60
�kr fwiefin9 'F• 9grgye ,� ��
hqux
1
w
f�0
/8Q.85 3a 76
ws the location of all existing buildings
rdcover" in relation to the boundaries of
ibed property. It does not purport to show
vements or encroachments.
y that -his survey was prepared by me or
supervision and that I am a duly regist-
yor under the laws of the State of Minne-
RG, INC.
g Mn: LIC. No. /e/oo
Surveyors, Planners
esota
lbw o.
r"j✓rY Ma....a.(a S.) A44 ;I
�"'� �.. ♦L wp 'tS
Sc I;'
Certi f icate of Survey
for B. Charles Downey
of Lot 136, Spring Park
/ Hennepin County, Minnesota
1
]S�a IV
/ ee•
a �
i _ _ e✓JE
784.85 1q &`Q :
N
Legal Description
Lot 136, Spring Park
This survey shows the location of all existing
and visible "hardcover" in relation to the bou
the above described property. It does not purp
any other improvements or encroachments.
Date : 9-7-82,5-16-90 rev. r"'r•`^'y I hereby certify that this survey was prepared
r-er-+•1=4 under my direct supervision and that 1 am a du
Scale: I" = ma -- ems•••+" ered land surveyor under the laws of the State
• iron marker found
a Iron marker set rota.
Bearings shown are to an COFFIN a GRONBERG. INC.
assumed datum.�� y /�
--w- ew%�eM] `••`•+• ar ron erg n. 1c. o-fTiTui
i•.i•r•� ^^`••' Engineers, Land Surveyors, Planners
r v.,�: <�.•..•%•r<r Long Lake, Minnesota
Certi f lc ate of Survey
for B. Charles Downey
of Lot 136, Spring Park
Men nePin County, Minnesota
N�
taw
/ tt 60
�wr £risfin9 -i.' 9oroJr/e y
O0
shows the location of all existing buildings
"hardcover" in relation to the boundaries of
ascribed property. It does not purport to show
nprovements or encroachments.
rtify that this survey was prepared by me or
rest supervision and that 1 am a duly regist-
urveyor under the laws of the State of Minne-
DNBERG, INC
-t
n erg n, Ic. o. R.6s
Land surveyors, Planners
Minnesota
MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD NOVEMBER 23, 1992
ZONING FILE ►1767 - CONT
It was moved by Goetten, seconded by Butler, to adopt Resolution
03202 for Application •1767 for George and Theresa Bloom, 1374 Rest
Point Road, approving variances to construct a detached garage.
Ayes 5, nays 0.
Callahan said the proper administrative procedure would have
permitted the Planning Commission to act on the information
available before it came to the Council for review.
(05) 01773 ROBERT KOEHNEN,
537 HANLON AVENUE -
VARIANCE - RESOLUTION *3203
Robert Koehnen was present.
Mabusth explained this application is to allow the rebuilding of
an existing detached garage that does not meet the required side
or rear setbacks. The applicant has replaced the retaining walls
at the rear of the property with a boulder wall, approximately 7-
8' in height. The City Engineer suggests that the City not address
the boulder wall with regard to it structurally supporting the
bank. The applicant has provided the City with a letter from the
neighbor to the north approving the wall as it was installed.
It was moved by Butler, seconded by Mayor Peterson, to adopt
Resolution #3203 for Application #1773 for Robert Koehnen, 537
Hanlon Avenue, approving variances for the reconstruction of the
detached garage and land alterations. Ayes 5, nays 0.
(06) e1493 a *1570 CHUCK DOWNEY,
3665 CASCO POINT ROAD -
VARIANCE/CONDITIONAL USE PERMIT -
CLARIFICATION OF COUNCIL DIRECTION
Chuck Downey was present
2
MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD NOVEMBER 23, 1992
ZONING FILES 01493 i 1570 - CONT.
Mabusth explained, per a recent letter from Mr. Downey that he is
not proceeding with the structural Improvements. In 1982 the City
granted approval of setback variances for the instal Iat Ion of a
detached garage and hardcover in the 75-250' setback area was
approved at 45x. In the current hardcover Inventory, hardcover was
shown at 59% due to a change in policy regarding the calculation
of hardcover. During the 1982 review It was suggested that the
applicant provide a back -out apron. During the most current review,
the City Engineer advised that the apron could not function
properly because of the location of Casco Point Road. The applicant
has obtained a permit for the deck. The applicant questions the
need to now remove the hardcover scheduled for removal per the
approval resolution.
Butler clarified that the hardcover removals were scheduled to off-
set the additional construction, which has not happened. She felt
If the construction does not occur, the hardcover scheduled for
removal can remain.
It was moved by Jabbour, seconded by Butler, to direct staff with
regard to Applications e1493 and 01570 for Chuck Downey cf 2855
Casco Point Road to not require the hardcover removals on the
property provided a building permit is not issued for additional
construction. Ayes 5, nays 0.
(07) LICENSE DENIAL - GAYLES MARINA - RESOLUTION 03204
Jabbour abstained from discussion of this item.
Gaffron stated the City Attorney has suggested changes to the draft
resolution deleting reference to the number of slips allowed, as
the code does not directly address this issue and It should not be
a reason for denial of a license.
Butler asked If a Judge would laugh at the City because of the lack
of past enforcement of the licensing requirement.
Barrett felt the City has decided to now proceed formally with the
i lcense requirement. He noted the resolution does not suggest
denial of the license due to past history of the property.
Callahan suggested deletion of the paragraph beginning with
"further be it resolved".
Barrett felt that would be appropriate and did not feel it
necessary to wait until December 31st to take action.
1.1
Legal Description
Lot 136. Spring Park
Date : 9-7-82,5-16-90 rev. 'ne 11
Scale: I" = 20'
• Iron marker found
o iron marker set
Bearings shown are to an
assumed datum.
--r r array .r,rr.�
This survey shout the location of all existing buildings
and visible "hardcover" in relation to the boundaries of
the above described property. It does not purport to sho,
any other improvements or encrpaChnents.
I hereby certify that this survey "s prepared by me or
under my direct supervision and that 1 am a duly regist-
ered land surveyor under the Iars Of the State of Minne-
sota.
COFFIN It GRONBERG, INC
arm, .,ran erq Surveyors,
Np. nnert
Engineers, Lino Surveyors, Planners
Long Lake, Minnesota
N7.4V
� 60
�r £Kirfin9 � 9prdye r 8
survey shows the location Of all existing buildings
Bible "hardcover" in rel d: ion to the boundaries of
iove described property. It does not purport to show
[her improvements Or encroach.ents.
!by certify that this survey was prepared by me or
my direct supervision and that 1 am a duly regist-
land surveyor under the lams 0f the State of Minne-
I/d GRRONBERG, INC.
!. �
ron erg n. la. No. T
ers, Minnesota
Surveyors. Planners
d ke, Minne50ta
M I /,,I III I a 114 11 //.
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LHEYi NeQMT
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