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Home My WebLink AboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25 , 2011 7:00 o'clock p.m. ~OJ}f!!_ENTS, Continued) the process of upd~~s and that the Council should di cuss-a completed with the efforts of vol -teers. McMillan suggested ad~e-N arre area :0 he next City Council work session . Bre~0nf~f Orono does not have a volunteer u presently and that Staff would be happy ----toprovide Ms. Eµglund with some information on Navarre. PLANNING DEPARTMENT REPORT *6. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD -VARIAN CE - RESOLUTION NO. 6060 Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6060, a Resolution Granting a Variance to Municipal Zoning Code Sections 78-350 and 78-1288, for the property located at 3095 Casco Point Road. VOTE: Ayes 5, Nays 0. 7~#11-3510 CASEY HANKINSON ON BEHALF OF RYAN COMPANIES US, INC., 2 ~5 WA TA BOULEVARD WEST -CONDITIONAL USE PERMIT Casey Ha · son, Ryan Companies, was present. Curtis stated ~]Jcant is requesting a conditional use permit in order to utiliz 0,000 square feet of the property for outdod!~orage on the property at 2725 Wayzata Boulevard . est. Over the winter of 2010, a portion of the roof'Bf the existing building collapsed due to stress om a heavy snow load. The applicant is proposing to remdve the portions of the rear of the build' where the collapse occurred and request a conditional use permit td'~ze the existing concrete sl b or outdoor storage. When the plat of Crystal Bay Business ~ter was created· 2007, this property became a through-lot. As the industrial park develops, Orono Induitr-ial Boul ard will be constructed and will run across the southern property line, resulting in two front yaids. At its June meeting the Planning Commissi9-/4ed 6 to O to recommend approval of a CUP for outdoor storage. The Planning Commission co9-r;iurred with Staff ~-the need to address the outdoor storage at the time of construction of Orono Industrlal Boulevard. ~ In the future, the open stor~Lwill be located in what will ess~~H}:'. become the front yard of the building. As it is cErren y proposed, the open storage will be screened frcim._public view by fencing with mesh and/or the buil · g . Once Orono Industrial Boulevard is constructed, th~iew into the property will be that of a ft> ced-in open storage area. The Council should discuss the op6rstgrage location and consider ap1:2-Qpriate conditions of approval which will adequately mitigate potentially~desirable views from Oro 6 Industrial Boulevard, which is a public road. In addition to the conditions outl~ed within City e Section 78-823 , Staff suggests the Council consider additional conditions as approp~ ahn asked if the fenced-in area would exceed the size of the old building perimeter. ~ Page 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. 5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO P.OINT ROAD -VARIAN CE Phillip Whipple , Applicant, and Mike Sharratt, Designer, were present. Curtis stated the applicant is requesting lot area and hardcover variances in order to remove the existing principal strncture and construct a new residence within the 75-250 foot zone and a new detached garage in the 250-500 foot zone . The majority of the existing blacktop driveway will be maintained. However, the circle drive configuration will be eliminated. A rain garden is also proposed, which will infiltrate most of the storm water from the driveway hardcover in response to the Planning Commission 's direction. , The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July 2010. However , the 2010 Krummenacher rnling resulted in the City 's inability to review and grant variances as had been done in the past. The applicant requested their application be tabled until July 2011 to allow for modifications in the statute and/or City Codes. The variance standstill afforded the applicant time to slightly redesign his plan . The applicant now presents a plan which results in a 583 square foot overall reduction in hardcover from the previous request. The Planning Commission at its June meeting voted 6 to 0 to recommend approval of the hardcover and lot width variances as proposed in conjunction with a rain garden to mitigate the excess hardcover from the driveway. Planning Staff recommends approval of the variances consistent with the Planning Commission recommendation. Submittal of a detailed rain garden design and conformance with the City Engineer 's recommendations will be required with the building permit application . Rahn noted 194 square feet of hardcover was listed in Staffs report within the 0 -75 foot zone, and asked whether that is being removed . Curtis indicated the hardcover within the 0-7 5 foot zone will be remaining as it currently exists. Rahn noted a deck is typically not allowed in that zone. Curtis stated the deck is nonconforming and that Staff was advised by the City Attorney to not request removal of legally nonconforming structur es. Rahn asked what the practical difficulty is for allowing the excess hardcover in the 250-500 foot zone where 30 percent is allowed . Rahn indicated he understands the need for the driveway but that it appears to be over by 600 or 700 square feet. Rahn asked whether the driveway area to the left of the tree will be removed or what will remain in that area . Curtis noted the dotted line is the area that will be removed. Rahn stated the area is not acting as a turnaround and is simply ex cess hardcover . The applicants are constructing a brand new home and that in the past the City has typically required the property owner to start with a clean slate. If that area is removed , a variance may not be required . Rahn stated he is attempting to figure out what the practical difficulty would be to not have that since it does not seem to affect the turnaround for the garage and seems to be excess parking. -----------------Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Curtis stated the topography in that area has somewhat directed the design of the driveway due to the steepness and the ability to access the garage . Whipple stated it is a very steep driveway, which creates problems in the wintertime, and that they are attempting to retain as much driveway as possible for safety reasons. It is very difficult to maneuver and to get a snowplow in there. · Rahn stated the end result with this project will be two garages that are the size of four car garages. Rahn asked what the practical difficulty would be for the second detached garage. Rahn stated in his opinion some hardcover should be removed since they are over on their hardcover. Whipple stated basically the garage is for a vintage car collection. They are attempting to have a place to store them on the property versus off site. Rahn commented the City Council will need to keep in mind future applications. Rahn noted the applicant is reducing hardcover on the site by two percent and that they are no longer talking about hardship anymore but rather practical difficulty. Rahn noted in the past the City has not considered something like this. Rahn stated they have at times recommended a snow melt system in order to reduce the amount of hardcover. Rahn stated in his view there are other options that could be explored. Rahn commented he did visit the site and that it seems the whole upper area is a parking lot. Rahn stated he does not see how it would make it a safer driveway since the applicant could still have a pad in front of the garage. Mike Sharratt, Designer, stated it is not a full 60-foot diameter but that it does act as a turnaround and would serve as parking for guests. Sharratt noted that area is existing and that they have taken a portion of the driveway out already. Sharratt commented he is not sure a modification can be made to the driveway. From the garage down to the road is approximately a 14 percent slope. Rahn stated he understands how turnarounds work but that he does not see a need for that much driveway. Rahn reiterated that in his view the hardcover should be reduced further with new construction and that he is not sure when or if the City went away from requiring new construction to meet all hardcover requirements. Rahn asked what the practical difficulty is for allowing the deck to remain in the 0-75 foot zone. Whipple noted it serves as storage for the dock equipment and is existing. _ Bremer commented that is more of a legal analysis based on a case a number of years ago where the City does not require the removal of legal nonconforming structures. Rahn stated historically the City has not allowed those items to remain. Rahn indicated he is attempting to figure out why that would now be allowed. Rahn asked if the City currently has driveway standards. -----------------Page 6 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Curtis stated the City has required minimum standards for driveways. The driveway must be at least eight feet wide. Bremer indicated she is in agreement with Council Member Rahn. Bremer stated if there was only one turnaround, she would understand the need for it, but that there are a lot of houses on the lake that have worse situations. If the applicant would like to go with the garage, the other turnaround should be removed. Rahn stated it appears the zone is over by 645 square feet and that either the driveway or the garage could be made smaller in order to reduce the hardcover. Rahn noted he would not be willing to approve the application as it is presented. Franchot noted he was in attendance at the Planning Commission meeting when this was approved and that as it relates to the practical difficulty, the Planning Commission looked at the narrowness of the lot, which automatically creates a higher percentage of driveway coverage. The practical difficulty was the fact that the shape of the lot created the need for the additional hardcover. Bremer pointed out the City has had numerous applications in the past where the City has not allowed this size of garage if they were over on their hardcover . McMillan noted there is a two-car attached garage , and that to go over the hardcover in the 250-500 foot zone to construct a storage shed is not a practical difficulty associated with living in a residential zone. McMillan stated whether it is the driveway or the detached garage, something has to be reduced in order to bring it into conformance . Whipple stated they can perhaps make the one turnaround work with the descent of the driveway. McMillan commented all property owners would love to have storage on their lots but at some point it becomes a luxury. McMillan recommended the applicant look at reducing either the driveway or the garage and that a practical difficulty would be something related more with day-to-day living, such as having space for your everyday car. Rahn stated he would be willing to approve it based on the condition that the variance is eliminated and that the applicant can decide what he wants to eliminate . Sharratt stated the upper area skews the hardcover numbers. Rahn stated adding another four-car sized garage is a luxury that everyone will want to have and that the City will struggle with these in the future if this one is allowed. Sharratt stated the Planning Commission requested that they consider a way to mitigate the runoff and requested that they look at the concept of a potential rain garden in the area near the bottom of the driveway. Sharratt noted the Council has a plan for that in their packet. The applicants chose not to place it in that area and have submitted a revised plan for a rain garden. That rain garden would be located right off the bottom of the driveway at the top of the steep slope. The applicants felt that catching the runoff was equal to reducing the hardcover. If they are required to go to 30 percent, the applicants may decide not to put in the rain garden . Sharratt asked which solution would be better in the Council's mind . Page 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-34 79 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Rahn stated his assumption with the rain garden was that the rain garden was going to be mitigating some of the overage . Rahn noted the applicant is also over in the 0-75 foot zone as well as the 250-500 foot zone. Sharratt noted there is some overlap. Rahn stated a lot of the rain gardens are typically eastward of the residence. McMillan stated in addition to the runoff, the hardcover also relates to the massing . Rahn concurred there is an aesthetics issue as well. McMillan stated the City Council could vote on this ·application or table it if they would like to look at making some revisions. Rahn stated they could move it forward with the condition that X amount of hardcover be removed . Bremer commented that they are really speaking about three different turnarounds and that typically there is only one turnaround. Sharratt stated the one by the detached garage is an apron and not a turnaround . Bremer stated it could also be used as a turnaround , especially if they are speaking oflong-term storage for classic cars . Whipple stated the issue is that they would have to calculate how they can get to the 30 percent. Sharratt asked if the City Council is requesting that the hardcover be reduced to 30 percent. Rahn stated in his view that variance should be eliminated, which would make the hardcover no greater than 30 percent. Franchot asked if the Council could approve the proposed resolution without the variance. Sharratt indicated he does not see that it would cause any harm. Franchot stated that would require the applicant to stay under 30 percent however they choose to do it. Curtis asked if the rain garden requirement would still be a part of the resolution. Franchot stated in his view it was contingent on the hardcover so it would go away if the applicants choose not to put one in. Rahn stated in his view there should be a rain garden on site to mitigate the areas that are over in hardcover and that no other changes should be made to the plan except in the one zone. Rahn asked if the drainage would be impacted if the driveway is changed. -----------------Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-34 79 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Kellogg stated it would depend on where the hardcover would be removed. McMillan indicated she is in agreement with Council Member Rahn. McMillan asked whether the specific amount of hardcover in the 0-7 5 foot zone should be put in the resolution to help prevent additional hardcover from appearing in that zone at some point in the future. Rahn noted a deck is not allowed in that zone. Bremer noted that area does not require a variance since it already exists . McMillan requested the 0-75 foot zone hardcover be included in the resolution . Sharratt asked if the application is tabled and they make the necessary changes, whether it would be necessary to go back before the Planning Commission or whether they could come directly back to the City Council. Curtis stated they could come back before the City Council but noted that an extension would be required if the application process goes beyond the next city council meeting. Rahn moved, Printup seconded, to table Application #10-3479, Phillip Whipple, 3095 Casco Point Road, for redesign, at the request of the applicant. VOTE: Ayes 5, Nays 0. #11-3507 WILLIAM AND CYNTHIA BOWMAN, 450 WILLOW DRIVE SOUTH ,..,._._..,L~CES -RESOLUTION NO. 6056 Franchot mov Rahn seconded, to adopt RESOLUTION NO. 6056, a Resolutio ranting a Variance to Munic' al Zoning Code Section 78-420(B), for the property locate at 450 Willow Drive South. VOTE: es 5, Nays 0. *7. #11-3508 LEE AND A WOTIPKA, 1205 DICKENSO STREET -VARIANCES - RESOLUTION NO. 6058 Franchot moved, Rahn seconded, to a Variances to Municipal Zoning Code Sect1 Street. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT 0. 6058, a Resolution Granting 78-420(B or the property located at 1205 Dickenson *8. APPROVE REHABILITA ON OF LIFT STATION #2 54 TONKA WA ROAD) AND GRINDER STATION #30 (998 ARTENWOOD ROAD) Franchot moved, Rahn onded, to accept the quotations in the amount of$ 42.75 from Quality Flow Systems, In., of ew Prague, Minnesota, for the upgrade to Grinder Station (988 Partenwood Roa and Lift Station 29 (754 Tonkawa Road). VOTE: Ayes 5, Nays 0. Page 9 of 19 10-3479 -Phillip Whipple -3095 Casco Point Road -Variance -Resolution Application Summary: The applicant, Mr. Whipple, is requesting lot area and hardcover variances in order to remove the existing principal structure from his property and construct a new residence within the 75' -250' zone and a new detached garage in the 250' -500' zone. Most of the existing blacktop driveway will be maintained however the circle drive configuration will be eliminated. A rain garden is also proposed which will infiltrate most of the stormwater from the driveway hardcover in response to the Planning Commission's suggestion. The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July 2010. However, the 2010 Krummenacher ruling resulted in the City's inability to review and grant variances as had been done in the past. The applicant requested their application be tabled until July 2011 to allow for modifications in the statute and/or City codes. The variance "standstill" afforded the applicant time to slightly redesign his plan. The plan now being presented results in a 583 square foot overall reduction in hardcover from the previous request. In June, the Planning Commission voted 6 to Oto recommend approval of the variances as proposed in conjunction with a rain garden to mitigate the excess hardcover from the driveway. Planning Staff recommends approval of the hardcover and lot width variances consistent with the Planning Commission recommendation. The Council should consider adopting or amending the attached draft approval resolutio~ ~ • - Subject: 10-347~, . nillip Whipple, 3095 Casco Point Road, Application Summary: The applicant is requesting lot width variance and 75'-250' and 250'-500' zone hardcover variances in order to construct a new residence and new detached garage on their property as follows: 1. A lot width variance for a lot 60 feet in width at the OHWL and 65 feet at the 75' setback where 100 feet is required; 2. A variance to allow 29.72% hardcover within the 75'-250' zone where 25% is normally allowed and 32% currently exists; and 3. A variance to allow 34.6% hardcover in the 250'-500' zone where 30% is normally allowed and 36.7% currently exists. Background The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July. However the 2010 Krummenacher ruling resulted in an inability of the City to review and grant variances as had been done in the past so the applicant requested their application be tabled until July 1, 2011 ** to allow for modifications in the statute and/or City codes. The variance "standstill" afforded the applicant time to redesign his plan. The applicant now presents a plan for a new home and detached garage which results in an overall reduction in hardcover from the previous request. Hardcover Variance As the necessity for a lot width variance suggests, the property is narrow. Within the 250' -500' zone the property narrows to 15 feet in width at the road. The driveway itself accounts for nearly 29% of the hardcover in this zone. The property is permitted 3,276 square feet of hardcover within the 75'-250' zone and 4,148 square feet of hardcover within the 250'-500' zone. A total of 7,428 square feet of hardcover is allowed on the property. The applicant's proposal of 8,881 square feet total hardcover will exceed the allowed hardcover by 1,453 square feet which is 284 square feet less than their previous submittal and 583 square feet less than existing. Staff Analysis Staff finds that with respect to lot width, practical difficulties exist and that application of the 100 foot lot width requirement of the Zoning Code would prevent the construction of any home on the property. The applicant's lot width variance request is reasonable. The applicant's request for hardcover variances may also be reasonable. Their proposal results in an overall reduction of hardcover on the property totaling 583 square feet. The PC should discuss the Issues for Consideration outlined within the staff report, specifically, 1. Does the Planning Commission find that that the property owner proposes to use the \ i,\ property in a reasonable manner which is not permitted by an official control? 1)J_ ~'I 2. Does the Commission feel it necessary to impose conditions in order to mitigate the -1,, ;f:) 11 / impacts created by the granting of the requested s~k variances? Rain gardens? ~~ Downspouts? Native buffer strips? Etc? w~ (' /4~ 7:/M Staff Recommendation VO' -. (]/ Planning Staff recommends approval of the lot width variance and hardcover variances as ~ proposed in order to construct a new home and detached garage on the property. Prior to City t" Council review the applicant should address or r"m~J:e::Jei'tt;c:~~~~~nmmm!'ga'mtng---A ,t.rlA'V thegarageelevation. ~ ~ ~t1) p~ ~: f\p ........ (\.0 \QlAkMl WMMevlF @~ThtJ-t.U. M<1,,L( ➔ ~ ~(/\ tu~ <;: • 5 i"dewtvt ~ . aA~ ~()v\tJ\~~ Date Application Received: 06/23/2010 Date Application Considered as Complete: 06/23/2010 Application Extension Expires: 07/26/2011 REQUEST FOR COUNCIL ACTION Date: 20 July 2011 Item No. b Department Approval: '1 J\ I . Administrator Approval: Agenda Section: Name: Melanie Curtis IV\{./ Title: Planning & Zoning Coordinator Item Description: 10-3479 -Phillip Whipple -3095 Casco Point Road -Variance -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. LR-lC, One Family Lakeshore Residential,½ acre/100' 31,686 sf (0.73 acre} 60 feet@ OHWL and 65 feet@ 75' setback Revised Draft Resolution Revised Survey Revised Hardcover Calculations Council Packet from 07 /06/11 Draft Council Minutes from 07 /11/11 Application Summary: The applicant was before the Council at the July 11th meeting with a request for lot width and hardcover variances in order to construct a new residence on the property. Not including the existing hardcover within the 0-75' zone, the applicant was requesting variance approvals to allow 29.7% hardcover within the 75' to 250' zone and 34.6% hardcover within the 250' to 500' zone. The Council reviewed the application and directed the applicant to revise the plan resulting in a conforming level (30%} within the 250' to 500' zone. Following the Council's direction, the applicant revised the proposed plan to achieve a conforming hardcover level within the 250' to 500' zone of 30%. A rain garden continues to be proposed. To accomplish the reduction, it appears the driveway was reduced by 176 square feet and the detached garage reduced by 488 square feet; a 21 square foot wall portion was also removed. However, changes within the 75' to 250' zone to add 114 square feet of retaining walls (and a slight reduction in the sidewalk} results in an additional 90 square feet or 30.4% total where 29.7% was previously proposed. This is a 0.68% increase. Planning Staff Recommendation The draft resolution has been revised to reflect the recent hardcover changes and the existing hardcover within the 0-75' zone. COUNCIL ACTION REQUESTED The Council should review the applicant's changes and determine if the changes are acceptable. If acceptable the Council should adopt or amend the attached draft resolution granting lot width and 75' to 250' zone hardcover variances. A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTIONS 78-350 and 78-1288 FILE NO. 10-3479 WHEREAS, Phillip Whipple, a single person (hereinafter "the Applicant") is the owner of the property located at 3095 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as Tract A, Registered Land Survey No. 1311 files of Registrar of Titles, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350(B) to allow construction of a new residence on an existing lot 60-feet in width at the OHWL and 65-feet in width at the 75-foot setback where 100-feet is required; and WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 for a variance within the 75'-250' zone to allow 29.7% hardcover where 25% is normally allowed and 32% currently exists; and a variance within the 250' -500' zone to allow 34.6% hardcover where 30% is normally allowed and 36.7% currently exists in conjunction with the construction of a new home and new detached garage; and WHEREAS, within the O to 75' foot zone 194 square feet of hardcover cun·ently exists; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission and Orono City Council held a public hearing on June 20, 2011 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 10-3479. Page 1 of 5 2. The Property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2011 and recommended approval of 75' to 250' zone hardcover and lot with variances based on the following findings: a. The Prope1iy contains 31,686 s.f. (0.73 acre) in area and has 60 feet in width at the OHWL and 65-feet in width at the 75-foot lake setback. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicant has agreed to install a rain garden on the Property to infiltrate stormwater resulting from the long, steep driveway. e. The Applicant's proposal results in an overall reduction in hardcover. f. The Applicant's request will alleviate a practical difficulty inherent to the Property and not created by the Applicant. g. The Applicant's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent prope1iies. h. The Applicant's request is in harmony with the purpose and intent of the ordinance. 1. The Council found no practical difficulty exists which to suppo1i granting of the requested 250' to 500' zone hardcover variance. J. The 250' to 500' zone hardcover variance would serve as a convenience to the Applicant and the Applicant will not be deprived of a substantial property right by denying the hardcover variance. Page 2 of 5 k. The Applicant has provided a plan which demonstrates their ability to meet the requirements of the hardcover regulations within the 250' to 500' zone. 1. The Applicant has demonstrated that enforcing the 75' to 250' zone hardcover and lot width provisions of the Zoning Ordinance deprive the Applicant of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other prope1iy in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicant, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350(8) to allow construction of a new residence on an existing lot 60-feet in width at the OHWL and 65-feet in width at the 75-foot setback where 100-feet is required. The Orono City Council hereby grants a variances to Orono Municipal Zoning Code Section 78-1288 within the 75'-250' zone to allow 3,984 s.f. or 30.4% hardcover where 25% is normally allowed; and further denies a variance within the 250' -500' zone to allow 4,798 square feet or 34.6% hardcover where 30% is normally allowed in conjunction with the construction of a new home and new detached garage, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 5 2. Hardcover shall not increase above the existing and approved levels as follows: 194 square feet of hardcover within the Oto 75' zone; 3,984 square feet of hardcover within the 75' to 250' zone; and 4,148 square feet of hardcover within the 250' to 500' zone. 3. The Applicant shall submit plans for a rain garden to be reviewed with the building permit for the new residence. The rain garden shall adequately infiltrate the stormwater resulting from the driveway hardcover. The rain garden location and design shall be incorporated into the proposed grading plan for the new home. 4. The Applicant's building permit survey and plans shall address the city engineer's comments and recommendations. 5. The home plans submitted are for the purpose of hardcover review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. 6. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (July 11, 2012). 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. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 11 th day of July, 2011. ATTEST: Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Page 4 of 5 Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2011, by Phillip Whipple, a single person. Notary Public Page 5 of 5 z C) ~ ~ ~ i ~ ~ LAKE \\ \ __ ;. -:-;:\ \\ r __ t---·~\--~-----------· \\ \ i; .. , -:..r 020.-4 CONTOUR • ' • Lt£ (O.H.W.} I \ '·-~---••' -~·~, ....... -,~U) EXISTING HOUS~---- ":~,;~ ", -;,;;;;--~~ MINNETONKA ~,"\',.,..,',, ~----,<·~, ~ ,,,J_ I \ I I ' u,.'1 } ' """ CERTIFICATE OF SURVEY FOR PHILLIP S. WHIPPLE 0 -OF TRACT A, R.L-S-NO_ 1311 HENNEPIN COUNTY, MINNESOTA w 2: 0 c-- c:, ,_,,..,,,,.,,,, I I ---------->-.,,.---,:::: _______ .- I T\ACT ~ \ ~, ' \ I \ \ \ PROPOSED ELEVATIONS : 1)Goroge .. [2EQ} {per architect) 2) First floor "' ffi2&l 3)6osement .. ~ 4)Detochedgoragem~ -I i;:!l/'') ! I I """ ( I; r :---1,,--;, /1 1 1 1 1 / """ 1/ I ,."'(I'-';, ;I I I ; '""' \ j\ I _;;t :-; I / I I / I / \ I :;f.,l: / ! 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N ...., ~ -, \ J,.u, I) I ,~,; /I I """ / ,.,.,) I / //~ I I I / I I 8.20 ..,,_1 .... , ..._ ·. cl O ll' ....-1 I '"'-,.,°"""!. · .. ;\'(;.o ·,v I '""' ' -(.. :lg_S9•.:; "" ,,,;;;\ ~i 0 1 ,..,,40.og.:l:l' :l7 ':, 'I< -;,.~ , , 'r I """ S 77~•00' QO 'I< \ in<" _.-\ \ s-,,,v 1\. j.f., 1 I 1m•1 / ~ -rn o 20 40 60 ~11111111111111111111111 1111m11111111111111111 l 111111111111111111111111 1m11111111m11m111 SC AL E FEET LEGAL DESCRIPTION OF PREMISES : Troe\ A, Registered Lend Survey No. 1311, fileu of Regi:itror of Tit!ell, Hennepin County, Minne:ioto, denote:i iron marker set •; denotes iron marker found @: denotes Judiciol Londmork found {9oa.J): fil[ill: denotes existing spot elevation, mean sea !evel datum denotes propo!led :ipot elevation, mean sea !evel datum --917--: denole:i exi::iting contour line, meon sea level datum ~: denotes proposed contour line, mean seo level datum Bearings shown ore bo:ied upon on assumed datum I s This surv<.>y intends to :ihow the boundaries of the abo..-e descrobed property, the \ocot,on of on existing house, goroge, porch, decks, to be removed, trees, spot<.>!evotions,topography,lhe!ocotionofoll..-isibl<1 "hardcover",and the proposed laca,tion or o propo:ied house, garage, deck end porch thereon. ll does not purport \o show any other impro..-ements or encroachment:; ,o 0 z 0 0: 0 ti- 0 ~ u t.i =§ ~ rn"'~ ~ IS1 E-< _ . :::~~ u =" 0 ~ ~ t'/) ~ s ~~ ~ 0 ~ od q ~ g i 1~1i, 1-u w 3 0:: a. § ! ~ l I = ~ ~~ '.,_c, ~ . . ' . ~ ~ •l. . <:I, ~ . -1 -+-, )/ \"'; l i ; ' , ; ! • , I ; ! I i ! ! : L- L -,-- t- i ,1 I ! I: ·,M-~l e_~~.~~ ; n ~ ] I ~ I <i .; \'.I --i ' ~ ti " ..l i ll_ IL ~ ~ ~ 1L- I I I I I ' I I I :i I H I I/ I .. ---rl I I .. ,•' ' • i ,. I i i. I 1. I 0 ·1 ~~~-N ~ --- I ~R I 1-- ~ i ~.~ I · I .u.: I I I J J !~ .I\_ --1 '.fl', ~-t,L,.>< <(~ ::1i' ~ ·..q; E.: . I ! 4 \ I i \I 1· , ~ - :\~ I -~~ I "-'- I \ I ' l : \ \ \ \ I I . I ' ~ ' . •"i' f- Jh. -,----I-I ! I I ':, ~1,.~:, · i --~ 1 rr - I i' . \,h, \.ti □ \' . ' ' . . ~i:• -·. l~-1~. I· LAKE 11-148A 929.4 CONTOUR · · . LINE (O,H.W.) EXISTING HOUSE (936-7) {!139.7) ('lJ7.9) {9J9.5) PROPOSED ELEV A TIONS 1) Geroge = 1954.0I 2) First floor = 1952.0I 3) Basement = 1942.0I CERTIFICATE OF SURVEY FOR PHILLIP S. WHIPPLE I I OF TRACT A, R.L.S. NO. 1311 HENNEPIN COUNTY, MINNESOTA {9387) ING HOUSE 1 ,(95a.,) (958.8) (957.9) (956.1) (per orchi\ec\) -, 11 0 20 40 60 4) Detached goroge = 1958.0I ~rn111111111111111111111r 11111111111111111111111111 I 1 111111111111111111111111r1111111111111111111111rn •; C A L E I N F E E T (965.0) £XISTING HOUSE #3085 I I I / Os.9 . 0,,., C/)v 'kl 01 L--1? extn~' Q w > -w u ~ (973.5) '\ti ,.j-,,(975.,) (973.B) LEGAL DESCRIPTION OF PF:EMISES Troe\ A, Regis\ered Land Survey No. 1311, files of Registrar of Titles, Hennepin County, Minnesoto. 0 denotes iron marker se\ • denotes iron marker found @: denotes Judicial Landmark found (908.3): denotes existing spo\ elevation, mean sea level datum 1910.81: denotes proposed spat elevation, mean sec level datum --917--: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This surv.ey intends t? ~how the boundaries of the above described property, the locot1on of on ex1st1n,;, house, garage, porch, decks, to be removed, trees, spot elevations, topographv, the location of all visible "hardcover", and the proposed location of o prOposed house, garage, deck end porch thereon. It does not purport to show any other improvement's or encroachments. 0 ..-z ...- 0 0 c--0::: C) 0 N 1:1.. 0 --' r=:: :::, ---::> 0 Utn z &l "' ,....:z <fl z n ~< "1 rr.l 1i; <fl J:,;:l 0 z E--< z :, < :L.J 1--1 ctf ~ u 0,:-' 0~ "' ;! z " rr.l f;;1 g I rr.l 0,: n w " < &l 2c v O'. I 0 0 N ~:;j ,~ 3 '" .., 0 c., <:Ji' ;;j 0,: 3 ~"" -J:,;:l z;:: z O'. i:r:i ti ~ z~ <fl " O::i " p::;:: c., u e~ ,i,l < ~~ i« J, lilt ~-,,LC fu w '"? 0 0::: Q.. -~ :,;.., ~ -~+-~«(.,-,:;:..,..,,.,.._ HAki..1g.m(ER CALCULATION WORKS . ...:ET 7 .. ,2,:,--N {CIRCLE ONE) CQ.:lV 75-250' 250-500' · ' I< L'::> :'ff:. l 'St I #~Ac-1 A· SETBACK ZONE: EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E .. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls Length H. Other TOfiALHARDCOVERINZONE TOTAL PROPERTY AREA IN ZONE A I 'f'f: PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk. E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X + B X X X X X X X X X X X X X X X A ______ + B Width 4'7S4 Width J,,1 ;it t A5 = = = = = = = = = = = = = = ~ctvr G ECEIVED ~:::::::::::::::ss .. F JUL 2 0 2 o 11 -----8 4:!ITYOF ORONO ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. __ 1:..!:::2::...i.lj: __ S.F.-Df"C!L.. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 26 S'.F. -PLA"ITtff,.> __ ..;.__ __ _ __ lq~~.,,__· _S.F. A __ 'f'--'7-=5....,.} __ S.F. B X 100 = £t,Of, % = S.F. = S.F. = S.F. = S.F, = S.F. = S.F. = S.F. = S.F. = S.F. = S.F. = S.F. = S.F. = S.F. = S.f. A 6',:,1/f: ( 1!/2~ 'C.//1t .. t,/ c: (.; = S.F. S.F. A $.F. B X 100 = % PH-1 l, \tilt-1-1 PPu.~ ~ 'j--~1 < L '.? ~f-I :S I ( HARDCOVER CAL~ION WORKS~ ... :~~ tiiAcT ,A SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' · 500-1000' I EXISTING HARDCOVER IN ZONE A. House Length C. Driveway D. Sidewalk E .. Patio/Deck F. Landscape \ b-~EO Roc1( Underlain By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A 4113 + B PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk. E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A J'J84 X X X X X X X X X X X X X X X + B Width n, 104 Width = = = = = = = = = = = = = __ \.c..::;3_:,,:B:c...:'.:>'--_ s. F. -HOvS£ _ ___._) -"'-b-"'3 ___ S.F .-OP1;'1-1 P0.1:i!C.H ______ S.F. __ 1;;c.......,_q ___ S.F. -l"<oo< Vla1.,.1t,, _ __,_\ 9:..J.....:=5::....::3;....__ S.F. -01T, Oi<Nt,\1\1.1~\ y _____ S.F. -~5.._4__.__ __ S,F, ~ fWfr\( (Ji•! ______ S.F. ______ S.F. :):lq3 S.F. A 11.IOlt S.F. B X 100 = 7 3:Z.,o[) % = = = = = = = = = = = = = = = ______ S.F. Pe O Pt1 ,·. r, D _ ___:.3_9.:_o ___ s. F. -rvf• ,v /' '( ______ S,F. I O O pr<OP<'".-U) v·//~L.I( -~-"v_;::_ __ S.F.- ------S.F. 2 8 0 S.F.-~fJ('.?POS'f{) q)f:C\( --~:::.--- _ ____.3,:,.::0::;.__ __ s.F. "s1,,1At..L Bi,a Oft1, ______ S,F. ______ S.F. ______ S.F. 114, __ S.F. fXlft;,1,C l ______ S,F. _ _;;,;3_9-=8:,;,..4.:,_: __ S.F. A _f'-"3-1--'l'-"-O_,Lf--___ S. F. B X 100 = ,10, .¢.CJ % SETBACK ZONE: EXISTING HARDCOVER IN ZONE A. H~e B. Garage C. Driveway D. Sidewalk E .. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A so7 7 + s PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk. E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length 2e.o TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A 414<5' + B Width 1,.(), 4: Width = = = = = = = = = = = = = = \l'IA\..L/80,~DfQ n.b S.F. -5-r1:zvc.:w1'<6 I H ----=-----ORIV£WA'( \Sf.A,v£ __ 2._;1:,.1..-__ S.F. -STAl{<\tvA '( I. •i IS \j)l __ \,__,S;;..._ __ S.F.~ S0(<.00'R, ~.'ff;f>f}/;A/6,,r,1, +t\Ol/t.C.t'.1< IM 1;t.A, .. ,C, __ 4_,_S.;;;....-....:..7 __ S.F.-6rA1<At;:;E· __ 'f..;...?::::..:.:5::...7.,____ S.F.-DRIV E'vlAY __ 4....1.· =k3'-__ S.F.-co1-1c, AP'PO!,,! ______ S.F. _-...:::1...,_q __ S.F. -(<OCIL'. lfw::tLJl ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. . w () on r:fr1r· OF ;.;2. __ 2_\.;___ __ s. F. -N£'.,1)j('. t;-r,l!:'.'."C T 5077 S.F. A 13, fu?&,~ S.F. B X 100 = ' 36.72.. % = = = = = = = = = = = = = = = ______ S.F. ______ S.F. ______ S.F. PR0\)0$ED 6 f (; S.F. -E,IJ1i:\A!Szi; . ---'------- 1)01 VI:: \,vA '( -=--:J_,_•4_,_· 9-'-2. __ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ___ .;.../-"-~--S.f, J//ft,u• (_A..,All. 4148. S.F. A 13,, G'2. $3 S. r=. B X 100 = 3'tJ., 0 0 % KE 929.4 CONTOUR••'~ LINE (O.H.W,) EXISTING HOUSE ••.•. #3061 ••••• •· ...... -.... CERTIFICATE OF SURVEY FOR PHILLIP S. WHIPPLE OF TRACT A, H.L.S. NO. 1.311 HENNEPIN COUNTY, MINNESOTA PROPOSED !::LEVA TIONS ·; (per. architect) 1) Garage = j954.0! .~).First· floor·•= !952.0! 3) ·Basement = !942.0l 4) Detached garage = j958.D! \ \ --20 0 20 40 -· I . 60 .. I SC ALE IN FEET l~t,I) EXJST!NG HO\JSE f306S I I .LEGAL DESCRIPTION . OF' -PREMISES : Tract A,.· Registered Land Survey No .• 131 l, files of Registn:,r of Tities, !-lennepin County_, Minnesota. o : denotes lrar m,irker set 11 :· denotes iron marker found @: denotes Judicial Landmark found (9QS.3) :. denotes existing spot elevation,. mean seo !eve.I dotµm jg 10.al; .denQtes proposed spot· elevation,. mean sea level datum -~ 917-: denotes existing c_ontour line, mean sea level datum ~: denotes proposed .contour line, ·mean sea level datum B~ari.ngs sh.own pre . based .upon an assumed datum. This. survey intends to show the boundories of the. obove described property, the loc.ation of on exis.ting house, garage,. porch, decks,. to be· remov.ed, trees, spo\ elevations, topo_graphy,. the location· of oil visi_ble ·"hardcover", cind · the · _proposed· location .of' o proposed house,. garage; de.ck .and porch theteon. It does not purport to show onr other-improvement~· or encroachments. f- 0 w -:, 0 0:: 0.. Date Application Received: 06/23/2010 Date Application Considered as Complete: 06/23/2010 Application Extension Expires: 07/26/2011 REQUEST FOR COUNCIL ACTION Date: 6 July 2011 ltemNo.S-- Department Approval: ,A It / ,.Administrator Appro al: Agenda Section: Name: Melanie Curtis fVVV Title: Planning & Zoning Coordinator Item Description: 10-3479 -Phillip Whipple -3095 Casco Point Road -Variance -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. LR-lC, One Family Lakeshore Residential,½ acre/100' 31,686 sf {0.73 acre) 60 feet@ OHWL and 65 feet@ 75' setback Draft Resolution Planning Commission Staff Report 06/15/11 Extension Request Draft PC Minutes-June 2011 Application Summary: The applicant is requesting lot area and hardcover variances in order to remove the existing principal structure and construct a new residence within the 75' -250' zone and a new detached garage in the 250' -500' zone. Most of the existing blacktop driveway will be maintained however the circle drive configuration will be eliminated. A rain garden is also proposed which will infiltrate most of the stormwater from the driveway hardcover in response to the Planning Commission's direction. The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July 2010. However, the 2010 Krummenacher ruling resulted in the City's inability to review and grant variances as had been done in the past. The applicant requested their application be tabled until July 2011 to allow for modifications in the statute and/or City codes. The variance "standstill" afforded the applicant time to slightly redesign his plan. The applicant now presents a plan which results in a 583 square foot overall reduction in hardcover from the previous request. Planning Commission Recommendation On June 20, 2011, the Planning Commission voted 6 to Oto recommend approval of the hardcover and lot width variances as proposed in conjunction with a rain garden to mitigate the excess hardcover from the driveway. Planning Staff Recommendation Planning Staff recommends approval of the variances consistent with the Planning Commission recommendation. Submittal of a detailed rain garden design and conformance with the City engineer's recommendations will be required with the building permit application. COUNCIL ACTION REQUESTED The Council should adopt or amend the attached draft approval resolution. A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTIONS 78-350 and 78-1288 FILE NO. 10-3479 WHEREAS, Phillip Whipple, a single person (hereinafter "the Applicant") is the owner of the property located at 3095 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as Tract A, Registered Land Survey No. 1311 files of Registrar of Titles, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350(B) to allow construction of a new residence on an existing lot 60-feet in width at the OHWL and 65-feet in width at the 75-foot setback where 100-feet is required; and WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 for a variance within the 75'-250' zone to allow 29.7% hardcover where 25% is normally allowed and 32% currently exists; and a variance within the 250' -500' zone to allow 34.6% hardcover where 30% is normally allowed and 36. 7% currently exists in conjunction with the construction of a new home and new detached garage; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission and Orono City Council held a public hearing on June 20, 2011 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 10-3479. Page 1 of 4 2. The Property is located in the LR-lC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2011 and recommended approval of variances based on the following findings: a. The Property contains 31,686 s.f. (0.73 acre) in area and has 60 feet in width at the OHWL and 65-feet in width at the 75-foot lake setback. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area into conformity. d. The Applicant has agreed to install a rain garden on the Property to infiltrate stormwater resulting from the long, steep driveway. e. The Applicant's proposal results in an overall reduction in hardcover. f. The Applicant's request will alleviate a practical difficulty inherent to the Property and not created by the Applicant. g. The Applicant's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. h. The Applicant's request is in harmony with the purpose and intent of the ordinance. 1. The Applicant has demonstrated that enforcing the hardcover and lot width provisions of the Zoning Ordinance deprive the Applicant of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 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 other danger to neighboring property; would not merely serve as a convenience to the Applicant, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350(B) to allow construction of a new residence on an existing lot 60-feet in width at the OHWL and 65-feet in width at the 75-foot setback where 100-feet is required. The Orono City Council hereby grants a variances to Orono Municipal Zoning Code Section 78-1288 within the 75'-250' zone to allow 29.7% or 3,894 s.f. hardcover where 25% is normally allowed; and within the 250' -500' zone to allow 34.6% or 4,793 s.f. hardcover where 30% is normally allowed in conjunction with the construction of a new home and new detached garage, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicant shall submit plans for a rain garden to be reviewed with the building permit for the new residence. The rain garden shall adequately infiltrate the stormwater resulting from the driveway hardcover. The rain garden location and design shall be incorporated into the proposed grading plan for the new home. 3. The Applicant's building permit survey and plans shall address the city engineer's comments and recommendations. 4. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. 5. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be Page 3 of 4 completed within one year of the date of Council approval, or the variance will expire on that date (July 11, 2012). 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. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain oftitle of the Property. Adopted by the Orono City Council on the 11 th day of July, 2011. ATTEST: Linda S. Vee, City Clerk Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Lili Tod McMillan, Mayor This instrument was acknowledged before me this_ day of _____ , 2011, by Phillip Whipple, a single person. Notary Public Page 4 of 4 ~ i~ §°f cl~ ~ tc\··· ···.,.··.· .. ,.· 1(1·1 \t_.••·· \1 I .. , ...... - \\ I t ,·· . '211.4 CONTOLA··· lN: (0.KW.) EXISTING HOUSE ;:::. '•0" ii ,--10°'~ .,:;_:::'. ....... ,; "" ~ CERTIFICATE OF SURVEY FOR PHILLIP S. WHIPPLE ,,,../ T \-':/.·. T U \ \ OF TRACT A, R.L.S . NO . 1311 HENNEPIN COUNTY, MINNESOTA 1 '/ ,,,;;if) 1!/ ,1 7 , '•• _ , ~ ·, ,.:·,r_:; /; , 1 , / 1 / ' -' \ .,, :-; ' ' 1 I / : I . . ::1 ;,. . , . (/:;:/ / I / -// -· I /.~::_ ", ""'"' •••• HClJS[ .,-{ ,· l l>DD , . I . I / .. 0 '? i./l 0 0 £_~ .... 'r"'Q -o ~ \ ,..:, ';,::) -· \ \ I r -7' " ~ r ; J J -· ·--. ~ .·· ~··• ;; 0 ) ··<O..._ ·"-':.J···;· •9-.. ~--' !:,q_ ,.,.,_ ,.,. · !,9,u _., ~ ;:.-,r I -··;;:.,..o.~g:;;,,~~:. ,._.~,,,.,'i' d -v I / / r -~; I I / / i .f.. I /~., / I -• \ ,,•oO 1\ •, ( ' ' LAKE ~;:;_, ..... --~-- ~\\ '-, -· ,...._ ""- \ I MINNETONKA '\ \i.,., " '·---..~ FL ) PROPOSED El.EVATIONS : (por orehltect) !)Gar~-~ 2) tnt floot •~ 3) Bos.-ncmt • IE2]] ") O.loch.cl QOrogt, • ~ ~ "' 20 0 20 "' SC Al E IN r EE T L!'.CAL DESCAPTION OF PRDISES ; Troe\ A. Re9l:11lcnd Land Si.rv•y No. 1311, 1a11 of R~i1tro-ol TiUes. Hemcpin Col.nty. U",rw'IHOlo. d..notniron!N:lfltfl' sr.l • : danot ■s Iron mcrker found a,: denotes .WOOi Londmcrk IOl.nd (109-3): doMtoir 011blirl; opot olovotion, moon acro lovol dollm lfmm: dcl'IOtn propo:icd s;:,ot de-talion, meon :No level datum dtlnotn -,,Q1Ur19 canto., ,l'C, mctOl'I MO lsvcl datun ~ 6e11ol•• pl"OpOHd contOUI'" rll'ICI, meo,i ffO i..v.i oot,n, a.a-;l"!IJ• i1how11 ore bas!)(! upon an auimed doUn1. Thi1 IUl"f9')1 irrtffld, to ,no. tho bol.ndorie, of UM obc,ve deKrib.d prop<rrt7, the loeoUon of on ell.isling house, oorogc, pord\. dedts, to be removed, trcn, ,pot elevollcns, topogrq,h7, the loccliorl or ol vlsibla -hordcovcr", O!d thtr prop~d location or o propo,ed hoinc. gorOIJD, deck ond porch Uwreon. 1t ~ r,ot purport to shcno ony other !mp-ovamenhl or encrooclvnet'lt-. ,r ~tJ ei~10J ~Glk) TV ~ 4 U614 ina> f A-{/~7) 01-/ yl)' 61~•~ " t.i ~~~ en·~ r:l Qs ~j~ _.,, 0 -~ V3 E ~ U) g; .... <~z <Id~~ !i i' ~ l~a: >u !I; 0 "' a. 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I ., ... <ll I tl.: ' i\ -,, -k-' t ft~ \. . --~ I . .tL i ~ I .I. ; I l\~-,+/ Date Application Received: 06/23/2010 Date Application Considered as Complete: 06/23/2010 Application Extension Expires: 07/01/2011 ** To: Chair Schoenzeit and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning & Zoning Coordinator /l/lil/ Date: Subject: Zoning District: Lot Area: Lot Width: 15 June 2011 10-3479, Phillip Whipple, 3095 Casco Point Road, Lot Width & Hardcover Variances Public Hearing LR-1C, One Family Lakeshore Residential,½ acre/100' 31,686 sf (0.73 acre) 60 feet@ OHWL and 65 feet @ 75' setback Application Summary: The applicant is requesting lot width variance and 75'-250' and 250'-500' zone hardcover variances in order to construct a new residence and new detached garage on their property as follows: 1. A lot width variance for a lot 60 feet in width at the OHWL and 65 feet at the 75' setback where 100 feet is required; 2. A variance to allow 29.72% hardcover within the 75'-250' zone where 25% is normally allowed and 32% currently exists; and 3. A variance to allow 34.6% hardcover in the 250'-500' zone where 30% is normally allowed and 36.7% currently exists. Staff Recommendation: Planning Department Staff recommends approval of the lot width variance and hardcover variances. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. Sec. 78-1288. Hard cover limitations. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Application -Original Hardship Documentation Form Existing & Proposed Survey/Site Plan Proposed Plans and Elevations Submitted Hardcover Calculations City Engineer Memo Applicant's Extension Request Property Owners List Plat Map Background FILE #10-3479 15 June 2011 Page 2 of 4 The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July. However the 2010 Krummenacher ruling resulted in an inability of the City to review and grant variances as had been done in the past so the applicant requested their application be tabled until July 1, 2011 ** to allow for modifications in the statute and/or City codes. The variance "standstill" afforded the applicant time to redesign his plan. The applicant now presents a plan which results in an overall reduction in hardcover from the previous request. The applicant would like to remove the existing principal structure which was constructed in or before 1967 and construct a new residence within the 75' -250' zone and a new detached garage in the 250' -500' zone. They are proposing to maintain most of the existing blacktop driveway for use with the new home but will remove the circle drive configuration. LOT ANALYSIS WORKSHEET Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 31,686 s.f. (0.73 acre) 60 feet @ OHWL and 65 feet @ 75' setback Setbacks: LR-1C Required Proposed Rear 30' Home 200'+ Home 30' Garage 100'+ Garage North Side 10' Home 13' Home 10' Garage 10' Garage South Side 10' Home 16.2' Home 10' Garage 25' Garage Lakeshore 75' 136' Average Lakeshore The average lakeshore setback is met. Structural Coverage: Total Lot Area Total Structural Coverage 31,686 s.f. (0.73 acre) Allowed: 4,752 s.f. (15%) Proposed: 4,092 s.f. (13%) Hardcover Calculations: Hardcover Zone Total Area in Allowed Zone Hardcover 0-75 4,754 s.f. 0 s.f {0%) 75-250 13,104 s.f. 3,276 s.f. (25%) 250-500 13,828 s.f. 4,148 s.f. {30%) * After exclusion of fabric or plastic-lined landscape beds Lot Width Variance Existing Hardcover 194 s.f.* (4.08%) 4,193 s.f.* (32%) 5,077 s.f.* (36.7%) FILE #10-3479 15 June 2011 Page 3 of 4 Proposed Hardcover 194 s.f. (4.08%) 3,894 s.f. (29.7%) 4,793 s.f. {34.6%) The applicant's lot is substandard in width with 60 feet at the OHWL and 65 feet in width at the 75-foot setback where 100 feet in width is required. Granting of a lot width variance for this property would be in harmony with the immediate neighborhood. Without a variance from the 100-foot lot width requirement, the applicant would be unable to build a home on a residentially zoned property and therefore the property could not be put to a reasonable use. Hardcover Variance As the necessity for a lot width variance suggests, the property is narrow. Within the 250' -500' zone the property narrows to 15 feet in width at the road. The driveway itself accounts for nearly 29% of the hardcover in this zone. The property is permitted 3,276 square feet of hardcover within the 75'-250' zone and 4,148 square feet of hardcover within the 250'-500' zone. A total of 7,428 square feet of hardcover is allowed on the property. The applicant is proposing a new home with a footprint of 3,300 square feet; a 792 square foot, detached garage; and approximately 4,400 square feet of driveway and sidewalk. At 8,881 square feet total, the applicant is requesting to exceed the allowed hardcover by 1,453 square feet which is 284 square feet less than their previous submittal and 583 square feet less than existing. Updated Variance Analysis As the planning commission is aware, there have been multiple changes to law regarding how a municipality must review an application for a variance. The "undue hardship" analysis has been replaced with the "practical difficulties" analysis. On your agenda this month is a proposed zoning code text amendment intended to update the ordinance to ensure that it conforms to the statutory analysis of practical difficulties. While the current code directs staff, planning commission and the council to perform a "hardship" analysis; this application will actually be viewed consistent with the new practical difficulties analysis. Staff Analysis Staff finds that with respect to lot width, practical difficulties exist and that application of the 100 foot lot width requirement of the Zoning Code would prevent the construction of any home on the property. The applicant's lot width variance request is reasonable. The applicant's request for hardcover variances may also be reasonable. Their proposal results in an overall reduction of hardcover on the property totaling 583 square feet. Staff finds that granting the applicant's request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. Issues for Consideration FILE #10-3479 15 June 2011 Page 4 of 4 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission feel it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested setback variances? Rain gardens? Downspouts? Native buffer strips? Etc? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lot width variance and hardcover variances as proposed in order to construct a new home and detached garage on the property. Prior to City Council review the applicant should address or resolve the City Engineer's comment regarding the garage elevation. PC Exhibit A City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # (Q .,. 3 4 7 9 Date Received: ~/Z.3 /IC I I Staff: NC- Fee: @'-=$=7 ..... 0Q)~· _____ _ Renewal: $350 --=----------- A ft er -the -fact: $1,400 (double fee) Escro ee: 2,500 ew home I addition / new structure $ 600 other variance This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. · PROPERTY INFORMATION: ~ Site Address: 3oCJS Chseo Po1M f-d;1 u li½f@pA"A r [Y)rJ 5539/ Property Identification Number (PIN): Date Property Acquired (month/year): l)'.j-2-062._D Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: Name: Ph, Phone (home): Complete Address: City, State & ZIP Email: (Complete legal names and marital status required for each interested party) e.-- /-/Dso Phone (work): ~7=l.3-33/ -2',30'2" · (:,.i SC-b t>/4 12(,,,_,J,. Cc ru-1 13c /4.., tYJ/U 553 7 / Fax: ------------------ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: SAt/v\.e.__ as t1 6-o r..J e_. Phone (home): ____________ Phone (work): Complete Address: City, State & ZIP Email: -------,----------------Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): I ?4(2.. do lv'.Yl @I's -h>:3 5 -ku.~ <L:Kcf b u.,/ld IU~ S it' 4 c/uA..R._ - Last Updated: 5/11/2009 REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the a lication ma not be issu d. Applicant's Signature: Applicant's Signature: Owner's Signature: Owner's Signature: _4~·-----1NJ~€ ____ Date: --4 Date: Last Updated: 5/11/2009 company May 24, 2011 Orono City Council and Planning Commission c/o Ms. Melanie Curtis, City Planner City of Orono 2750 Kelley Parkway Crystal Bay, Minnesota 55323 Re: Attachment 1 to Zoning Variance Application Dear Ms. Curtis: PC Exhibit B On behalf of Phillip Whipple and Donna Swedin, please find below responses relative to the questions asked on the City of Orono's "Hardship Documentation Form." 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Reasonable use: under the present official zoning controls, the present lot size is non-conforming, permitted, the lot width is non-conforming, and the present hardcover in the 0-75 zone, 75 -250 zone, and 250+ zone is non-conforming, despite being permitted under less restrictive zoning controls at some past dates. 3095 Casco Point Road has unique to itself property configurations that prevent reasonable use under present day official controls: a. Property Configuration (see survey): The property is 539.5 x 15 x 497.4 x 60, which is very long and narrow and cannot be changed. b. Topographic Change: From the drive entrance off of Casco Point Road to the existing home location is a downward drop of27'. This drop occurs mostly over a driveway length of220' or an average of 12.2%, with some specific location grades as steep as 13.3%. Thus, adequate garage and vehicle turn in/turn out space is a challenge. c. Continued Use: Despite these challenges, the owner believes the property has been developed to a reasonable use and simply wishes to redevelop the property equal, or make better, the present non-conformities per MN.St.Stat. 462.357, Subd. le. 464 Second Street • Suite 100 • Excelsior, MN 55331 phone: 952.470.9750 • fax: 952.470 8407 website: sharrattdesign.com • email: info@sharrattdesign.com Ms. Melanie Curtis City of Orono May 24, 2011 Page Two 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Having lived on the property for almost 8 years, all improvements, non-conformities, and hardcover were in place at the time of purchase in September 2002. 3. "The variance, if granted, will not alter the essential character of the locality." The property will be redeveloped to the single family dwelling use, with a structure in virtually a similar location, will meet present setbacks, maximum height, and structural coverage requirements, preserving and improving the essential character of the locality. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Economic considerations are an insignificant reason for redevelopment and the granting of variances. The primary reasons for this request are: a. Deteriorated structural and construction quality, including water intrusion, mold, structural deficiency and ceiling heights. b. Functional obsolescence and spatial/organizational inadequacies. 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." This is not a reason for the variances requested or the existing non-conformities to be continued. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." This request is consistent with the present allowed uses under the ordinance. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Does not apply. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The specific conditions that apply to a structure on this land are unique to this property, and have some similar aspects of adjoining property, i.e., downhill, steep grades, and lots of non-conforming widths, road frontages, sizes, etc., yet are also uniquely differing in severity. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The specific conditions do not apply generally to other land and structures in the District. Lot conditions vary greatly and each must be judged on its own unique merits. 464 Second Street • Suite 100 • Excelsior, MN 55331 phone: 952.470.9750 • fax: 952.470 8407 website: sharrattdesign.com • email: info@sharrattdesign.com Ms. Melanie Curtis City of Orono May 24, 2011 Page Three 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the variances requested is necessary to put this specific property to a reasonable use equal to the preservation and enjoyment of the present substantial existing and owned property rights. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting of the variances requested will not impair but improve the owner's and neighborhood's health, safety, comfort, quality of the lake experience life, and improve the City of Orono's housing stock. In no way is this granting contrary to the intent of the Orono zoning code or MN State Statutes. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Granting of the variances requested has nothing to do with "mere convenience" to the applicant. As demonstrated above, variances are required due to unique physical aspects of the property and the owner's health, safety, and welfare. Hardship Statement: Physical and practical difficulties for reuse of this unique piece of property exist relative to present day zoning ordinance requirements. This property would not be a permitted subdivision today under the zoning ordinance and meet all of its present day requirements. Thus, all indigenous series of hardships exist. Combine this with a property configuration, extreme length & narrowness, and very steep topography generates additional non-conformities related to hardcover of structures, drive, and turn around space on level grades in order to continue or make a reasonable use of the land. The owner desires to expand no non conformities and only continue ones through re-use caused by existing site effects through structure replacement. The owner also desires to improve or cure existing non-conformities to the greatest degree reasonable, including reduction of hardcover in the 75 -250 zone and in the 250+ zone, and cure a non conforming side yard structural setback. In summary, the practical difficulties of putting this site to a reasonable use makes it not possible to not request variances by the nature of this legal non-conforming lot, its physical characteristics, and redevelop the property to a reasonable and similar use that presently exists. Sincerely, Michael D. Sharratt Sharratt Design & Company On Behalf of Phillip Whipple and Donna Swedin 464 Second Street • Suite 100 • Excelsior, MN 55331 phone: 952.470.9750 • fax: 952.470 8407 website: sharrattdesign.com • email: info@sharrattdesign.com \ \ MANHOLE 0 (941.3) \ \ 75' SETBACK LINE -- (938.6) '--......... ......___ (939.7) (941.5) ', LINE OF~ SIGHT ', SETBACK ......___ ......___ -.....___ ...___(938.2) (939.5) PROPOSED \ ~ (940.4) -...._HOUSE #3095 (942.7) EXISTING HOUSE #3105 (945.6) (958.3) (961.4)) \ (958.8) {957.9) PC Exhibit C (973.8) I I I \ LEGAL 5129.4 CONTOUR • •• U<l:(O.H.W.) LAKE MINNETONKA 11-148 EXISTING HOUSE CERTIFICATE OF SURVEY FOR PHILLIP S. WHIPPLE OF TRACT A, R.L.S . NO. 1311 HENNEPIN COUNTY, MINNESOTA ,...., (ffl.t) 4- 40 20 0 20 SC ALE IN FE E T .,,., EXIST/HG H0US£ ,,.., I I .,-- 0-5:.9 / --/ ,., ,.,.,.., ,, -- LEGAL DESCRIPTION OF PREMISES : Tract A. Registered Land Survey No. 131 l, tiles of Registrcr of Titles, Hemepln County, Minnesota. o : denotes iron marker set • : denotes iron marker found © : denotes Judicial londmat'k found (908.J): denotes existing spot elevation, mecm sea level datum -917-: denotes exis ting contour llne, meon sea level datum Becrings shown ore based upon on os.sumed datum. This survey intends to show the bo111dorie1t of the above described proper ty, ::t lo.~i~tio~~ 0t~p~~~!~y, h~!eio~~G~~e, of0~t~i~~~5,:h~~C:~v~~o;;f tt:es, proposed location of a proposed house, garage, deck and porch thereon. It does not purport to show a,y other improvements or encroochrnents. ru w -, 0 Cl'.: a.. -1 I I ' • PC Exhibit D \ I; ~~,-::,-:::._ ~~--~~-.~,I ~-r1--/-..J ------------------"fL Jt-J-~--,,~ -____. , · ; -·, --I . ·1 · 1-1 ~l~ ~-.. 1' -~- ·_. . ~_-; ,. ' -'--~ l • J.• J • . . -__ ·:·~.,-.. ~ ~ l':..-c::i -\l J~. \j?~ -~ fbe,);4 At.:..IL.' ""I.flt:;? 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' ' . -,, , '1;, '.'7 e;A✓;, ,, . / tr r,i I ~~~-~~ea=-~ ..... ::::::z· .. tfl.: ITTffir 1·1·t,1;+·~-;:.====:::::P:1 =-=--·-=····=-·=· =· :::t:=~~ .1.L.t: H .. -·--~-L-~.-~ _g_'~t1 .c? ... p,J f I :::-_ \ I-, ~_If __ _ I I I·; t.::r.;;;;·======:;====t..l I : <j : ' ---;71,--I ------):-- } i , I ,14~,t? ~fN1t-r1_r::,_~~•,,,J __________ I 1_1-- . ___ -----------------~':"I- S' f -1 I HARDgm(ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' ' . 500-1000' EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length roi/AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A !tr'f PROPOSED HARDCOVER IN ZONE A. House B. Garage C . Driveway D . Sidewalk. E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X + B X X X X X X X X X X X x· X X X A -----,----+ B Width '+iS4 Width = = = = = = = = = = = = = ______ S.F. ______ · S.F. ______ S.F. ______ S.F. ______ S.F . ______ S.F . ______ S.F. ______ S.F. PC Exhibit E __ 1:..:;2-'-it'--S.F.-OECK ______ S.F . ______ S.F . ~-----S.F. ______ S.F. _ __,_4-.......:.'f-__ S. F .-W4 LL$ X 100 = = = = = = = = = = = = = = = ______ S.F. ______ S.F . ______ S.F. ______ S.F, ______ S.F. ______ ·s.F. ______ S.F, ______ S.F . ______ S.F. _______ $.F. ____ s.fR ECEIVED ______ S.F. _____ S.F .MAY 2 5 20 11 ----~IT YOFOAONO h_A_/J,t_f'~A_5 __ 4 6 t? 'v' € (N o (' /1,ttt/C <H) S.F . 10 .. 347'1 ______ S.F. A ______ $.!=. B X 100 = ______ % ) ~ s--zs-,, R LS 1i I 3 I / HAROCOVER CAL~ION WORKSHEET SETBACK ZONE: (C_IRCLE ONE) 0-75' ~ 250-500' · •· 500-1000'. -ii.AC.TA EXISTING HARDCOVER IN ZONE A. House Length C. Driveway D. Sidewalk E .. Patio/Deck F. Landscape I b-~eo Rocil Underlain By Plastic G. Retaining Walls H. Other b ~ 2. .... 2, f \S.,.,f,S- TOTAL HARDCOVER IN ZONE TOTALPROPERTYAREAINZONE X X X X X X X X X X X X X X X A 4113 + B PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D . Sidewalk. E . Patio/Deck F. Landscape Underlain By Plastic G . Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A '3 Z,C} 4 X X X X X X X X X X X X X X X + B Width I~, 104: Width = = = = = = = = = = = :;: l3B~ S.F,-HOVSE I b3 · S.F.-OPEN POR.CI-/- ______ S.F. __ 2=-q..L..,_ __ S.F. -Roo< \l✓au£. _....1.l....14:....:::::5~3_. _ S.F.-01T, ORN8..vAY ______ S.F. ~ 7 S.F,,-61<1CK WAU~ --..,;......:..--- __ '2..-=-"--1 ---S.F),,Sif PP1N~ ST°'11£f olO s F _R®i< !)l'zKS-t'-_ ___,o=-'----.. , J.l01 -rve ______ S.F. __ 5""'"L\: ....... · ___ S.F.-ROCrl{ 01"4 6'1<011,.Jt) ______ S . .F. _____ S.F. ,µA l..l-N01<r!-l () --,-__,;,_17!..,,.3~--S.F . -6-~r<.tia;tr f lYf?rv~ WA 6 s ·F AOOITION"JL -----' .-C.Oi'IC::f~£Tf 9:lqf S.F. A- 11.1 Ott S.F. B X 100 = 1 32,QQ % = = = = = = = = = = = = = = = 2 6 I 4 s F P~OPO $~D --=--=--=--'----· · -1-U> 11 Sf -~---S.F. p D . 37 t; s F -/WP051! ---~--· · c.011€',lf'.t> Dtc1< ______ S.F. P"0PPS6':0 _ _.::..3....:.9....:.0 __ S.F. -01i1v6JJA'( _____ S.F. -2 0 4 S.F.-pr<'·or0$e'.O WA(..I --"""--''----______ 5,F. 2 8 .() S.F.-PROPOS'tb ti~C.I~ __ ....;;;;_,:::;,.__ __ _ _,.L3...,,.,0 ___ S.F. '-511t1Au. Bf3QOE'l ____ S,F. ECEIVED ______ s.FR ____ S.F.MAY 25 2011 ~lfY OF ORONO _..:.....:,· ~-=8_;;i_7=..4 _ SS .. FF--:". -A, to•3t11 ____;,l-<-,3 ,_,_I O""'"'t...,__ __ S. F. B X 100 = 1.. 9, 7 2 % ~ 5-i.~-11 ~ ,<o · HARDCOVER CALCULATION ~HEET RLS -1::t \3l/ ~4CT4 SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~ ' . 500-1000' EXISTING HARDCOVER IN ZONE A. H~e B . Garage C. Driveway D. Sidewalk E .. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A so77 + s PROPOSED HARDCOVER IN ZONE A. House B. Garage C . D'riveway D. Sidewalk. E. Patio/Deck F . Landscape Underlain By Plastic G, Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERT Y AREA IN ZONE X X X X X X X X X X X X X X X A 4793 + B Width Width -z.,. .o = = = = = = = = = = = = = = VIA\..L../So,~C£'Q !"2.b S.F. -~-rRv,:nJR(i I 'N _ ___,__.:..,____ 0R1v£WA'( IStANJ __ z._1,__ __ · S.F .-STAIRV,tA'( 11''1 ISV!, ..,__la.....;;S'----s. F. -13 ORQi: R, ~'Tiffi~ t;;IT, -t-~0111.()E,~ IN l!,t..A,._,l.) 4 57 _ __,_=---:., __ S.F.:.-~A,~E __ lf:......::~-=5_,_7 __ S .F.-ORIV l:'.wAy __ 4--Lw,J3,:__ __ S.F. --COHC, AP'RON ______ S.F . --=1q..,__ __ S.F.-QocrL W4 l/L ______ S .F. ______ S.F. ______ S .F. ______ S.F. ______ S.F. ______ S .F. . wo()r:J aug oirt2. __ l_.:.,.\ ___ S.F ... N~ srie.~iE T 5077 S.F . A 13 . G'Z.& S.F. s X 100 = r 36.7'2-% = = = = = = = = = = = = = = = ______ S.F. ______ S.F . ______ S.F. PROPOSED __ 7"--q-'--'z.=---S .F. -6 .4~£' . 3 0 .8 O OQl'lieWI\'( _...;:_..:,_I..,. _ _,:;_ __ S.F." ______ S.F. _____ S.F, ______ SF _____ S.F. ----S.FRECEIVED ----~:~:MAY 2 5 2011 ---CITY OF ORONO ___ S.F. \0•3+1' 4793 . S.F . A 13.,6'2.@ $.F'. B X 100 = ' .J 4. ~ 6 % PC Exhibit F 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www .bonestroo.com June 2, 2011 Melanie Curtis #eonestroo Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3095 Casco Point Road File No. 000139-11000-1 File No. 10-3479 Dear Melanie: We have reviewed the plans for the proposed new home construction at 3095 Casco Point Road. The site plan is dated 6-23-10 and the house plan is dated 5-24-11. We have the following comments with regards to engineering matters: • The site plan appears to have minimal proposed grading. Areas of the existing lot and home drain north across the property line. This project will slightly decrease hard cover in areas draining to the neighboring property resulting in lower storm water runoff rates. • The house plan shows a garage elevation of 954.0 which is nearly 4 feet above the grade on the site plan. The plans should be clarified or coordinated and resubmitted for review. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted . The minimum $2000 sediment and erosion control financial security should be required of the owner for this permit. If you have any questions, please call me at (651) 604-4894 or send an email to darren.amundsen@bonestroo .com . Sincerely, Darren Amundsen Cc: Tom Kellogg July 19, 2010 Phillip S. Whipple 3095 Casco Point Road Orono, MN 55391 City of Orono 2750 Kelley Parkway Post Office Box 66 Crystal Bay, Minnesota 55323 PC Exhibit G To: City of Orono, Orono City Council, Orono Planning Commission, Orono Planning Staff, and Ms. Melanie Curtis, City Planner After eight years living at 3095 Casco Point Road, it is my desire to build a new, more energy efficient, structurally sound, and environmentally sensitive home, which would also eliminate a north side setback encroachment and decrease existing non conforming hardcover, so, in essence, be overall more conforming than is the current residence. I have been included in several supportive interactions with Orono's planning staff regarding the project's specifics and have applied for the required permission to continue and reduce a hard cover non-conformity that I now possess. After my application was submitted, I was informed that a recent court decision is precipitating the change that my application not be supported by staff and very likely the Planning Commission and City Council as well. I understand that the entire implication of this court case is not yet fully understood and that it may take an undetermined amount of time to fully flush out the real impact to this project. I hereby request a mutually agreed upon pause, or set aside, of my application for a period of up to 12 months in lieu of the standard 120 days. In addition, should I decide to completely abandon my Orono project within the 12 months, I respectfully request that my application fees be refunded in full, since I would not have applied for a variance under the now current condition and without some evidence of support. I believe this is justifiable as this new development was not caused by me and only the City of Orono has the authority to decide if modifications to the zoning ordinance may be necessary, or not, in light of the Minnetonka court case decision. It is certainly my hope that I will be able to move forward with my project one day. Thank you for your time and understanding in this matter. Sincerely, ~c-~~ Phillip S. Whipple RECEIVED JUL I 9 2010 CITY OF ORONO RUN DATE: 6/17/2010 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PC Exhibit H 38 20-117-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0011 JAMIE A RJSIC & KERI A RISIC 3065 CASCO POINT RD JAMIE A RJSIC & KERI A RISIC 3065 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0018 JOHN P & EVY C DENNIS TRUST 3055 CASCO POINT RD JOHN & EVY DENNIS 3055 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS POBOX66 CRYSTALBAYMN 55323 I CERTIFY THAT THE FACTS REPRESENTE AS IT APPEARS THIS DATE ON THE R 0 DATE: JUN 1 7 zgrn st , 38 20-117-23 34 0006 KE RJCHEY & SJ RICHEY 3105 CASCO POINT RD KENT E & SUSAN J RICHEY 3105 CASCO PT RD ORONO MN 55391 38 20-117-23 340012 RA KASTENS & B C KASTENS 3045 CASCO POINT RD RJCHARD A/BARBARA C KASTENS 3045 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 340021 R G & P A DUDLEY 3125 CASCO CIR RONALD G & PATRJCIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATAMN 55391 38 20-117-23 43 0049 L&JBRUSTAD 3309 CASCO CIR LAWRENCE L BRUST AD 3309 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 34 0010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0017 DORIS MOLITOR-WATERS 3061 CASCO POINT RD TODD WATERS 3061 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0022 FREDERJCK C PETERS 3127 CASCO CIR FREDERJCK C PETERS 3127 CASCO CIR WAYZATAMN 55391 RECEIVED JUN 2 3 2w-~ CITY OF ORONO #347 H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis.info@co.hennepin.mn.us Map Comments: !-Type Comments Here - i Print Date: 6/17/2010 Map Scale: 1" = 190' Buffer Size: 150 feet ftll i ·---·-·-·--·-----i (1) Map Letend: Water Park Parcel D Buffer Region Selected Parcels JUN 2 3 2010 CITY OF ORONO PC Exhibit I Major Roads Minor Roads " ✓k /,•-~)~' June 21, 2011 RECEIVED JUN 21 2011 Phillip S. Whipple CITYOFORONO 3095 Casco Point Road Orono, MN 55391 City of Orono 2750 Kelley Parkway Post Office Box 66 Crystal Bay, Minnesota 55323 To: Ms. Melanie Curtis, City Planning and Zoning Coordinator I would like to request that my zoning application be extended until July 26, 2011. Due to the Krummenacher court decision my application was tabled until July 01, 2011. With the recent legislative action that overturned that case, I would like to able to present my application to build a new home to the Orono City Council during their July meeting. Thank you for your time and understanding in this matter. Since rel:, ( ~\\_~~-~ Phillip S. Whipple ROLL CALL MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Loren Schoenzeit, Commissioners Denise Leskinen, John Thiesse, Hue Alexander, Linda Feuss, and Elizabeth Levang. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, and Recorder Jackie Young. City Council Member Doug Franchot was present. Chair Schoenzeit called the meeting to order at 6:3 0 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item No. 5 was added to the Consent Agenda. Chair Schoenzeit opened the public hearing for Item No. 5 at 6:33 p.m. There were no public comments regarding Item No. 5. Chair Schoenzeit closed the public hearing at 6:33 p.m. Thiesse moved, Levang seconded, to approve the Con~ent Agenda as submitted. VOTE: Ayes 6, Nays 0. *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 16, 2011 Thiesse moved, Levang seconded, to approve the minutes of the Orono Planning Commission meeting of May 16, 2011, as submitted. VOTE: Ayes 6, Nays 0. NEW BUSINESS 2. 10,3479 PIDLLIP WHIPPLE, 3095 CASCO POINT ROAD, VARIANCES, 6:35 P.M. - 7:01 P.J.\ll. Phillip Whipple, Applicant; Michael Sharratt, Designer; and Donna Swedin were present. Curtis stated the applicant is requesting a lot width variance and a 75-250 and 250-500 zone hardcover variances in order to constrµct a new residence and new detached garage on their property as follows: 1. A lot width variance for a lot 60 feet in width at the OHWL and 65 feet at the 75 foot setback where 100 feet is required; 2. A variance to allow 29.72 percent hardcover within the 75-250 foot zone where 25 percent is normally allowed and 32 percent currently exists; and 3. A variance to allow 34.6 percent hardcover in the 250-500 foot zone where 30 percent is normally allowed and 36.7 percent currently exists. The applicant originally made an application for similar variances in 2010 and was scheduled to appear Page 1 ~~------------- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. before the Planning Commission in July. However, the 2010 Krummenacher ruling resulted in an inability of the City to review and grant variances as had been done in the past, so the applicant requested their application be tabled until July 1, 2011, to allow for modifications in the statute and/or City codes. The applicant would like to remove the existing principal structure which was constructed in or before 1967 and construct a new residence within the 75-250 foot zone and a new detached garage in the 250- 500 foot zone. They are proposing to maintain most of the e~isting blacktop driveway for use with the new home but will remove the circle drive configuration. The applicant's lot is substandard in width with 60 feet at the OHWL and 65 feet in width at the 75-foot setback where 100 feet is required. Granting of a lot width variance for this property would be in harmony with the immediate neighborhood. Without a variance from the 100-foot lot width requirement, the applicant would be unable to build a home on a residentially zoned property and therefore the property could not be put to a reasonable use. As the necessity for a lot width variance suggests, the property is narrow. Within the 250-500 foot zone, the property narrows to 15 feet in width at the road. The driveway itself accounts for nearly 29 percent of the hardcover in this zone. The property is permitted 3,276 square feet of hardcover within the 75-250 foot zone and 4,148 square feet of hardcover within the 250-500 foot zone. A total of 7,428 square feet of hardcover is allowed on the property. The applicant is proposing a new home with a footprint of 3,300 square feet; a 792 square foot, detached garage; and approximately 4,400 square feet of driveway and sidewalk. At 8,881 square feet total, the applicant is requesting to exceed the allowed hardcover by 1,453 square feet, which is 284 square feet less than their previous submittal and 583 square feet less than existing. As the Planning Commission is aware, there have been multiple changes to law regarding how a municipality must review an application for a variance. The "undue hardship" analysis has been replaced with the "practical difficulties" analysis. On the agenda tonight is a proposed zoning code text amendment intended to update the ordinance to ensure that it conforms to the statutory analysis of practical difficulties. While the current code directs Staff, Planning Commission and the Council to perform a ':hardship" analysis, this application will actually be viewed consistent with the new practical difficulties analysis. Staff finds that with respect to lot width, practical difficulties exist and that application of the 100-foot lot width requirement of the Zoning Code would prevent the construction of any home on the property. The applicant's lot width variancerequestis reasonable. The applicant's request for hardcover variances may also be reasonable. Their proposal results in an overall reduction of hardcover on the property totaling 583 square feet. Staff finds that granting the applicant's request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. Issues for consideration: 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? Page2 ---- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. 3. Does the Commission feel it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested setback variances? Planning Staff recommends approval of the lot width variance and hardcover variances. Feuss asked whether it would be appropriate for the Planning Commission to discuss Item No. 7 prior to acting on this application or whether it would be appropriate. to discuss this application under the new standards prior to them being approved by the City. Curtis indicated the Planning Commission should discuss this. item under the new standards. Thiesse asked if the engineering issues have been resolved. Curtis indicated they have not to date. Whipple stated when he originally purchased the home approximately nine years ago, he knew he would be making some improvements to the structur~. The goal with this project has been to design a new home that respects the style, size, and scale of the neighborhood. Whipple indicated he has spent the last 12 months with a realtor and architect and have come to the conclusion that. they would like to stay on Casco Point Road. Mike Sharratt, Designer, stated they had designed a home for this property and the plans were submitted last summer. Following the Supreme Court ruling, they withdrew the application and decided to revisit their plans to see whether any additional hardcover could be removed to meet the strict letter of the law. The conclusion was that they were unable to do that. The house basically consists of a 32' x 32' square foot building pad. The applicants currently have a one stall garage. Sharratt stated from past experience he understands that structural coverage is an issue. Structural c.overage is currently proposed at 11 percent. The applicants realize the limitations of the site and have attempted to comply with.the City's requirements. The amount of total hardcover on the site has been reduced from their previous plans. The elevation of the garage is between three to four feet higher than the existing grade. There is a full basement under the garage, which means the foundation will be significantly below the existing elevation and contours of the site. The garage will be sided and there will be no exposed concrete foundation wall. There will be approximately four feet of fill required in that area. There will also be a retaining wall and stairway off of the sideway, The lot towards the lake is very steep and has approximately a 22-foot decline in over 200 feet. In order to mitigate some of the steepness, they have taken the garage and lifted it up from the existing garage.They have also eliminated as a part of the hardcover reduction the turnaround area, which is a revision from the earlier submittal. Schoenzeit asked how the building pad for the house was decided. Sharratt stated the dotted line is the existing house and that they elected to construct the proposed home almost directly on top of the building pad for the existing home. Schoenzeit asked if they are keeping the existing foundation. Page3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. Sharratt stated they are not. There is approximately eight feet of fall, which is good for a walkout. The house could be pushed back but then the house would be considerably behind the adjoining residences. Schoenzeit noted the amount of hardcover could be reduced if the house were pushed further back. Chair Schoenzeit opened the public hearing at 6:49 p.m. There were no public comments regarding this applicittion. Chair Schoenzeit closed the public hearing at 6:49 p.m. Feuss asked if Staff has any thoughts on the practical difficulty standard as it relates to the hardcover. Feuss concurred with Chair Schoenzeit that some of the hardcover could be reduced by relocating the house further back. Curtis indicated that in the past in similar situations the intent was not to push the proposed home back which would create a tunnel view of the lake. Curtis stated there are different ways to achieve a reduction in hardcover, such as a smaller driveway or a smaller home. In one instance the applicant chose to build their house further back, which then creates a new average setback for the adjoining landowners as well. Feuss commented she is inclined to go with Staff's recommendation since the hardcover is being reduced with the new residence but that she is not. sure if that should be the standard the Planning Commission should be looking at. Schoenzeit commented it is a reasonable proposal, especially since the amount of hardcover on the lot is being reduced. Schoenzeit noted the applicant is not prohibited from constructing his house back from the average lakeshore setback. Curtis stated typically the property owner builds as close as possible to the lake. Schoenzeit rioted the structural coverage and hardcover on this lot is less than the adjoining properties and that the proposed house appears to fit within the character of the neighborhood. Thiesse indicated he is in agreement that the home does fit the character of the neighborhood. There are several properties in the neighborhood that have multiple structures on their property. Schoenzeit asked whether the fill would need a conditional use permit. Curtis indicated the exact amount of fill has not been provided to Staff. Curtis noted the City's building official can approve any amount of fill as long as it is appropriate for the project. If the amount of fill appears to be unusual, the building official would require that the applicants obtain a conditional use permit. Schoenzeit asked whether the fill would be saved or hauled out. Sharratt indicated the majority of the fill will be used elsewhere on the property. Levang asked how close the neighboring driveway is. Page4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. Sharratt stated the driveway is very narrow at some points and that the two driveways are close to each other. Levang commented it appears to be somewhat dangerous in the area where the two driveways are close to one another. Sharratt indicated this property is located on one of the highest points on Casco Point Road. Schoenzeit asked if Staff has any recommendations on the hardcover amounts. Curtis indicated they do not. Schoenzeit asked if the homeowner is proposing any passive or active water mitigation. Sharratt indicated a landscape architect has not been retained at this point but that in the area of the turnaround there will be green space that can absorb the runoff. Sharratt stated there are some ideas that can be explored to help prevent runoff down the driveway. Schoenzeit asked whether the applicant would be agreeable to work with Staff on water mitigation. Whipple stated they would be willing to do that. Feuss moved, Schoenzeit seconded, to recommend approval ofApplication #10-3479, Phillip Whipple, 3095 Casco Point Road, granting of a lot width variance and hardcover variances subject to the engineer's recommendations, and to direct the applicant work with Staff to construct appropriate rain gardens or to do other.hardcover mitigation. VOTE: Ayes 6, Nays 0. 3. ll-3507 BILL AND CYNTHIA BOWMAN, 450 WILLOW DRIVE SOUTH, VARIANCE, 7:02 P.M, -7:17 P.M. BiH and Cynthia Bowman, Applicants, were present. Curtis stated the applicant is requesting a side yard setback variance. The applicant's property is a small, half-acre lot within the RR-1B, 2-acre zoning district and is bordered by larger lots and open space. A 900 square foot rambler and garage connected by a breezeway currently exist on the property. The garage is currently set back 27.8 feet from the south side lot line where a 30-foot setback is required. The applicants are proposin:gto remove the garage and construct a larger home and garage addition to the south side of the home. They are requesting a side setback variance to allow the home to be located 25 feet from the south side lot line where 30 feet is required. The applicants' property is nonconforming with respect to area and width. With the exception of the front yard, the existing home on the property does not meet the required setbacks. The applicants are proposing to remodel and construct additions on the existing home. The applicants are also proposing to remove a portion of the home which encroaches into the rear yard as part of this request. The existing side yard setback on the south side is 27.8 feet. The applicants are requesting an additional new encroachment of 2. 7 feet for a setback of 25 .1 feet where 30 feet is required for a length of 52 feet. The addition does not appear to limit the light, air, and open space enjoyed by the adjacent property owners. Page5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. 5. #10-3479 PIDLLIP WHIPPLE, 3095 CASCO POINT ROAD -VARIAN CE Phillip Whipple, Applicant, and Mike Sharratt, Designer, were present. Cmiis stated the applicant is requesting lot area and hardcover variances in order to remove the existing principal structure and construct a new residence within the 75-250 foot zone and a new detached garage in the 250-500 foot zone. The majority of the existing blacktop driveway will be maintained. However, the circle drive configuration will be eliminated. A rain garden is also proposed, which will infiltrate most of the storm water from the driveway hardcover in response to the Planning Commission's direction. The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July 2010. However, the 2010 Krummenacher ruling resulted in the City's inability to review and grant variances as had been done in the past. The applicant requested their application be tabled until July 2011 to allow for modifications in the statute and/or City Codes. The variance standstill afforded the applicant time to slightly redesign his plan. The applicant now presents a plan which results in a 583 square foot overall reduction in hardcover from the previous request. The Planning Commission at its June meeting voted 6 to Oto recommend approval of the hardcover and lot width variances as proposed in conjunction with a rain garden to mitigate the excess hardcover from the driveway. Planning Staff recommends approval of the variances consistent with the Planning Commission recommendation. Submittal of a detailed rain garden design and conformance with the City Engineer's recommendations will be required with the building permit application. Rahn noted 194 square feet of hardcover was listed in Staffs rep011 within the 0-75 foot zone, and asked whether that is being removed. Curtis indicated the hardcover within the 0-75 foot zone will be remaining as it currently exists. Rahn noted a deck is typically not allowed in that zone. Curtis stated the deck is nonconforming and that Staff was advised by the City Attorney to not request removal oflegally nonconforming structures. Rahn asked what the practical difficulty is for allowing the excess hardcover in the 250-500 foot zone where 30 percent is allowed. Rahn indicated he understands the need for the driveway but that it appears to be over by 600 or 700 square feet. Rahn asked whether the driveway area to the left of the tree will be removed or what will remain in that area. Curtis noted the dotted line is the area that will be removed. Rahn stated the area is not acting as a turnaround and is simply excess hardcover. The applicants are constructing a brand new home and that in the past the City has typically required the propetiy owner to start with a clean slate. If that area is removed, a variance may not be required. Rahn stated he is attempting to figure out what the practical difficulty would be to not have that since it does not seem to affect the turnaround for the garage and seems to be excess parking. -~~~ Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Cmtis stated the topography in that area has somewhat directed the design of the driveway due to the steepness and the ability to access the garage. Whipple stated it is a very steep driveway, which creates problems in the winte1time, and that they are attempting to retain as much driveway as possible for safety reasons. It is very difficult to maneuver and to get a snowplow in there. Rahn stated the end result with this project will be two garages that are the size of four car garages. Rahn asked what the practical difficulty would be for the second detached garage. Rahn stated in his opinion some hardcover should be removed since they are over on their hardcover. Whipple stated basically the garage is for a vintage car collection. They are attempting to have a place to store them on the property versus off site. Rahn commented the City Council will need to keep in mind future applications. Rahn noted the applicant is reducing hardcover on the site by two percent and that they are no longer talking about hardship anymore but rather practical difficulty. Rahn noted in the past the City has not considered something like this. Rahn stated they have at times recommended a snow melt system in order to reduce the amount of hardcover. Rahn stated in his view there are other options that could be explored. Rahn commented he did visit the site and that it seems the whole upper area is a parking lot. Rahn stated he does not see how it would make it a safer driveway since the applicant could still have a pad in front of the garage. Mike Sharratt, Designer, stated it is not a fu11 60-foot diameter but that it does act as a turnaround and would serve as parking for guests. Sharratt noted that area is existing and that they have taken a portion of the driveway out already. Sharratt commented he is not sure a modification can be made to the driveway. From the garage down to the road is approximately a 14 percent slope. Rahn stated he understands how turnarounds work but that he does not see a need for that much driveway. Rahn reiterated that in his view the hardcover should be reduced fu1ther with new construction and that he is not sure when or if the. City went away from requiring new construction to meet all hardcover requirements. Rahn asked what the practical difficulty is for allowing the deck to remain in the 0-75 foot zone. Whipple noted it serves as storage for the dock equipment and is existing. Bremer commented that is more of a legal analysis based on a case a number of years ago where the City does not require the removal of legal nonconforming structures. Rahn stated historically the City has not allowed those items to remain. Rahn indicated he is attempting to figure out why that would now be allowed. Rahn asked if the City currently has driveway standards. -------Page 6 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Curtis stated the City has required minimum standards for driveways. The driveway must be at least eight feet wide. Bremer indicated she is in agreement with Council Member Rahn. Bremer stated if there was only one turnaround, she would understand the need for it, but that there are a lot of houses on the lake that have worse situations. If the applicant would like to go with the garage, the other turnaround should be removed. Rahn stated it appears the zone is over by 645 square feet and that either the driveway or the garage could be made smaller in order to reduce the hardcover. Rahn noted he would not be willing to approve the application as it is presented. Franchot noted he was in attendance at the Planning Commission meeting when this was approved and that as it relates to the practical difficulty, the Planning Commission looked at the narrowness of the lot, which automatically creates a higher percentage of driveway coverage. The practical difficulty was the fact that the shape of the lot created the need for the additional hardcover. Bremer pointed out the City has had numerous applications in the past where the City has not allowed this size of garage if they were over on their hardcover. McMillan noted there is a two-car attached garage, and that to go over the hardcover in the 250-500 foot zone to construct a storage shed is not a practical difficulty associated with living in a residential zone. McMillan stated whether it is the driveway or the detached garage, something has to be reduced in order to bring it into conformance. Whipple stated they can perhaps make the one turnaround work with the descent of the driveway. McMillan commented all property owners would love to have storage on their lots but at some point it becomes a luxury. McMillan recommended the applicant look at reducing either the driveway or the garage and that a practical difficulty would be something related more with day-to-day living, such as having space for your everyday car. Rahn stated he would be willing to approve it based on the condition that the variance is eliminated and that the applicant can decide what he wants to eliminate. Sharratt stated the upper area skews the hardcover numbers. Rahn stated adding another four-car sized garage is a luxury that everyone will want to have and that the City will struggle with these in the future if this one is allowed. Sharratt stated the Planning Commission requested that they consider a way to mitigate the runoff and requested that they look at the concept of a potential rain garden in the area near the bottom of the driveway. Sharratt noted the Council has a plan for that in their packet. The applicants chose not to place it in that area and have submitted a revised plan for a rain garden. That rain garden would be located right off the bottom of the driveway at the top of the steep slope. The applicants felt that catching the runoff was equal to reducing the hardcover. If they are required to go to 30 percent, the applicants may decide not to put in the rain garden. Sharratt asked which solution would be better in the Council's mind. Page 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Rahn stated his assumption with the rain garden was that the rain garden was going to be mitigating some of the overage. Rahn noted the applicant is also over in the 0-75 foot zone as well as the 250-500 foot zone. Sharratt noted there is some overlap. Rahn stated a lot of the rain gardens are typically eastward of the residence. McMillan stated in addition to the runoff, the hardcover also relates to the massing. Rahn concurred there is an aesthetics issue as well. McMillan stated the City Council could vote on this application or table it if they would like to look at making some revisions. Rahn stated they could move it forward with the condition that X amount of hardcover be removed. Bremer commented that they are really speaking about three different turnarounds and that typically there is only one turnaround. Sharratt stated the one by the detached garage is an apron and not a turnaround. Bremer stated it could also be used as a turnaround, especially if they are speaking of long-term storage for classic cars. Whipple stated the issue is that they would have to calculate how they can get to the 30 percent. Sharratt asked if the City Council is requesting that the hardcover be reduced to 30 percent. Rahn stated in his view that variance should be eliminated, which would make the hardcover no greater than 30 percent. Franchot asked if the Council could approve the proposed resolution without the variance. Sharratt indicated he does not see that it would cause any harm. Franchot stated that would require the applicant to stay under 30 percent however they choose to do it. Cmtis asked if the rain garden requirement would still be a part of the resolution. Franchot stated in his view it was contingent on the hardcover so it would go away if the applicants choose not to put one in. Rahn stated in his view there should be a rain garden on site to mitigate the areas that are over in hardcover and that no other changes should be made to the plan except in the one zone. Rahn asked if the drainage would be impacted if the driveway is changed. Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 7:00 o'clock p.m. (5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, Continued) Kellogg stated it would depend on where the hardcover would be removed. McMillan indicated she is in agreement with Council Member Rahn. McMillan asked whether the specific amount of hardcover in the 0-75 foot zone should be put in the resolution to help prevent additional hardcover from appearing in that zone at some point in the future. Rahn noted a deck is not allowed in that zone. Bremer noted that area does not require a variance since it already exists. McMillan requested the 0-75 foot zone hardcover be included in the resolution. Sharratt asked if the application is tabled and they make the necessary changes, whether it would be necessary to go back before the Planning Commission or whether they could come directly back to the City Council. Curtis stated they could come back before the City Council but noted that an extension would be required if the application process goes beyond the next city council meeting. Rahn moved, Printup seconded, to table Application #10-3479, Phillip Whipple, 3095 Casco Point Road, for redesign, at the request of the applicant. VOTE: Ayes 5, Nays 0. *6. #11-3507 WILLIAM AND CYNTHIA BOWMAN, 450 WILLOW DRIVE SOUTH - VARIANCES -RESOLUTION NO. 6056 Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6056, a Resolution Granting a Variance to Municipal Zoning Code Section 78-420(B), for the property located at 450 Willow Drive South. VOTE: Ayes 5, Nays 0. *7. #11-3508 LEE AND LINDA WOTIPKA, 1205 DICKENSON STREET-VARIANCES - RESOLUTION NO. 6058 Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6058, a Resolution Granting Variances to Municipal Zoning Code Section 78-420(B) for the property located at 1205 Dickenson Street. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT *8. APPROVE REHABILITATION OF LIFT STATION #29 (754 TONKA WA ROAD) AND GRINDER STATION #30 (998 PARTENWOOD ROAD) Franchot moved, Rahn seconded, to accept the quotations in the amount of $57,342.75 from Quality Flow Systems, In., of New Prague, Minnesota, for the upgrade to Grinder Station 30 (988 Partenwood Road) and Lift Station 29 (754 Tonkawa Road). VOTE: Ayes 5, Nays 0. --~ Page 9 of 19 Melanie Curtis From: Sent: To: Cc: Subject: Mike Melanie Curtis Monday, July 18, 2011 3:53 PM 'Mike Sharratt' Mark Gronberg Whipple -Revised Plans I just received the revised plans for Whipple (dated 7-15-11). Thank you. I note -unless I'm missing them -the retaining walls shown within the 75'-250' zone are not calculated into the hardcover. Are they included elsewhere? Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952 .249.4627 Fa x: 952.249.4616 Planning & Zoning Office 952 .249.4620 Email : mcurtis@ci.orono.mn .us Website: www .ci.orono .mn .us Summer Office Hours (Monday, May 23rd to Friday, September 2nd) Monday -Thursday 7 :30 am to 5 :00 pm Friday 7:30 am to 11 :30 am 1 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Phillip Whipple 3095 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: DATE OF MEETING: Variance July 11, 2011 Motion: To table at the applicant's request. ZONING FILE: 10-3479 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 15, 2011 COPIES: Mike Sharratt-Via Email TABLED: 5 FOR 0 AGAINST Direction: The applicant was directed to revise the proposed plan resulting in a conforming level of hardcover (30%) within the 250' to 500' zone. Please submit an additional application review extension of 60-days on or before Thursday, July 21 st at noon in order to avoid placement on the July 25th Council agenda with a recommendation of denial. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono.mn.us or 952.249.4627. Melanie Curtis From: Sent: To: Cc: Subject: Attachments: See attached. Melanie Curtis Tuesday, July 05, 2011 12:14 PM 'Mike Sharratt' 'Keri Gross'; Mark Gronberg FW : 10-3479 3095 Casco Point Rd 7-5-11 10-34 79 3095 Casco Point Road 7-5-11. pdf The issues outlined in the attached engineer memo must be addressed with the build ing permit plan submittal. From: Darren Amundsen [mailto:Darren.Amundsen@bonestroo.com] Sent: Tuesday, July OS, 2011 12:08 PM To: Melanie Curtis Cc: Tom Kellogg Subject: 10-3479 3095 Casco Point Rd 7-5-11 Darren Amundsen, PE Associate Direct 651 -604-4894 Cell 651 -775-5623 darren.amundsen@bonestroo .com ,#Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651 -636-4600 Fax 651-636-1311 www.bonestroo.com 1 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com July 5, 2011 Melanie Curtis #'eonestroo Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3095 Casco Point Road File No. 000139-11000-1 File No. 10-3479 Dear Melanie: We have reviewed the revised plans for the proposed new home and rain garden construction at 3095 casco Point Road. The site plan is dated 6-30-11. We have the following comments with regards to engineering matters: • It appears there are existing retaining walls along the north property line. The plan should indicate if these walls are to remain or be removed. • It appears that the proposed retaining wall along the north edge of the driveway is approximately 6-8 feet high. Engineered design and details should be submitted for review and approval for all retaining walls over four in height, and for all tiered walls with a separation of less than two times the wall height. • Proposed slopes exceed the maximum allowable slopes of 3:1 in areas, including to the north of the house and along the proposed swale to the south of the house. The grading must be revised in these areas. • The plan shows less than 10 cubic yards of grading within the 0-75' setback to facilitate drainage. The submitted calculations indicate that the rain garden may be too small to handle runoff from its drainage area. The applicant should review and revise the submitted calculations and provide a typical rain garden cross section. If the rain garden footprint needs to be increased, consideration should be given to moving it to the 941 elevation area west of the house. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the owner for this permit. City of Orono Plot 10-3479 If you have any questions, please call me at (651) 604-4894 or send an email to darren .amund sen@bonestroo.com . Sincerely, Darren Amundsen Cc: Tom Kellogg Poge2 July 5, 2011 ',9) I I I ~/ -/iii _ .. /, .. / --/ /./··· *'15 .-✓ ,,,,.,.,- 939,V I \ \ \ . ',\ ( .... 7) ~ \ ..... ..._ (938.7) D\ ----------.... L....= \ .... -i!•s.•i I ~ I ........ I I \ (9+5.6) I (956.o) .. , ' I I f I I / / • • I ;::·-;:,9/~ f / / / / / (961.1) -n · ·o · / 1 I ,.···~·I '··•·· / / // / / / / / / c•""o> \ .• _., __ / j / / / / I ~::,7 -·'-;/-/ , / / // / / iv··.,. /f / / / / / 7~~1-.~.:-I / ! / / coft:e.3) / / / <• .. ·•> // 1, I / !/ / I"'"' I I I I .. ,,t ······.:.~~~-~!. ·····./......... II ' I I / / · ,-I ; I I -I / -· 6 I r.:~ i-., lotl> I I .._, ._. o,L v 'Ori <••s.•> / , u.,, ( ,~ f:¼,) I ~ '--I w~~-6"' WALNUT ~~~ -A~~~ . .,. /y (967.0) EXISTING HOUSE / I (973.2) ... ---- / / -----/ ~Os ·Ba ¼~ (075.4) . r.1,, (97J.5) -----......... ----- (973.3) (\ \ (975.1) ' '· ,.•··•·::::.,- (9t2..3) I I 1-,;;;_'!; -, ,:z, IV"-'"~ \ ,;6•16\20 ,, w, ~ I \ I "-4,,,,. ,.,/, \-\ 75000•\0C \-\ 750'\6'\4-' -. "' :-z.o~o····; \ /!!.··----J • ···1·· .. \~ ~..-. \' _: _, <•=> (95&8) (957.9) I I I 1 ...... _____ UJ '-. \ (961.4)/ \ \ I I / \ \ I I (•n.•) < 963 .0> \ \ I (9••.2> / / (963, / / / (971.6) / / / / I / / I I I / / I I I / / I I I / / ("7U) / I I (966.6) (973.8) I I ' ----~97 I / ~ ......_ --si~ _.. I 147_69 :---c;0 , "7! ,..--" I 148 20 ~ .. x::: .... ::::J. __ / -z.g 8 9 ,.,_ ,, --, ,, I . R.,.. , _ __., ; J • Q,o.,5--z.,, -.....,,.,. ,.,,, ' .. -·· O O 3' J ,, / ···;.,.,,,1-75•300' oo / • .., \ 75' / 1-'l) (97._I f V I ,✓✓; Jo ~ Proposed Rain Garden Runoff Area = 11,800 Sq. Ft. Impervious Area= 4800 Sq. Ft. PHILLIP WHIPPLE RAIN GARDEN CALCULATIONS June 29, 2011 Rain Garden Minimum Size= 4800 Sq. Ft. x 0.5 inch runoff x 1 ft/ 12 inch= 200 Cu. Ft. A 6 inch deep rain garden needs 400 Sq. Ft. minimum size The proposed rain garden is 220 Sq. Ft. to the 949.5 contour GRONBERG &ASSOCIATBS. INC, 445 N. WILLOW DR. LONG LAKE. MN S5356 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. The Oro Planning Commission met on the above-mentioned date with the follow · g members present: Chair Loren choenzeit, Commissioners Denise Leskinen , John Thiesse, Hue xander, Linda Feuss, and Elizabeth vang. Representing Staff were Assistant City Administrato or Long-Term Strategic Planning Mike Ga on, Planning Coordinator Melanie Curtis, and Recor er Jackie Young. City Council Member Doug Franc twas present. Chair Schoenzeit called the eeting to order at 6:30 p.m., follo ed by the Pledge of Allegiance. CONSENT AGENDA Item No. 5 was added to the Consent Ag da. There were no public comments reg 8ing Item No. 5. Chair Schoenzeit closed the p lie hearing at 6:33 p.m. Thiesse moved, Leva seconded, to approve the Consent Agen as submitted. VOTE: Ayes 6, Nays 0. *1. APP VAL OF PLANNING COMMISSION MEETING MINU OF MAY 16, 2011 Thies moved, Levang seconded, to approve the minutes of the Orono Planning me mg of May 16, 2011, as submitted. VOTE: Ayes 6, Nays 0. NEW BUSINESS 2. 10-3479 PIIlLLIP WHIPPLE, 3095 CASCO POINT ROAD, VARIANCES, 6:35 P.M. - 7:01 P.M. Phillip Whipple, Applicant; Michael Sharratt, Designer; and Donna Swedin were present. Curtis stated the applicant is requesting a lot width variance and a 75 -250 and 250-500 zone hardcover variances in order to construct a new residence and new detached garage on their property as follows: 1. A lot width variance for a lot 60 feet in width at the OHWL and 65 feet at the 75 foot setback where 100 feet is required; 2 . A variance to allow 29 .72 percent hardcover within the 75-250 foot zone where 25 percent is normally allowed and 32 percent currently exists; and 3. A variance to allow 34.6 percent hardcover in the 250-500 foot zone where 30 percent is normally allowed and 36.7 percent currently exists. The applicant originally made an application for similar variances in 2010 and was scheduled to appear -----------------Page 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. before the Planning Commission in July. However, the 2010 Krummenacher ruling resulted in an inability of the City to review and grant variances as had been done in the past, so the applicant requested their application be tabled until July 1, 2011, to allow for modifications in the statute and/or City codes. The applicant would like to remove the existing principal structure which was constructed in or before 1967 and construct a new residence within the 75-250 foot zone and a new detached garage in the 250- 500 foot zone. They are proposing to maintain most of the existing blacktop driveway for use with the new home but will remove the circle drive configuration. The applicant's lot is substandard in width with 60 feet at the OHWL and 65 feet in width at the 75-foot setback where 100 feet is required. Granting of a lot width variance for this property would be in harmony with the immediate neighborhood. Without a variance from the 100-foot lot width requirement, the applicant would be unable to build a home on a residentially zoned property and therefore the property could not be put to a reasonable use. As the necessity for a lot width variance suggests, the property is narrow. Within the 250-500 foot zone, the property narrows to 15 feet in width at the road. The driveway itself accounts for nearly 29 percent of the hardcover in this zone. The property is permitted 3,276 square feet of hardcover within the 75-250 foot zone and 4,148 square feet of hardcover within the 250-500 foot zone. A total of 7,428 square feet of hardcover is allowed on the property. The applicant is proposing a new home with a footprint of 3,300 square feet; a 792 square foot, detached garage; and approximately 4,400 square feet of driveway and sidewalk. At 8,881 square feet total, the applicant is requesting to exceed the allowed hardcover by 1,453 square feet, which is 284 square feet less than their previous submittal and 583 square feet less than existing. As the Planning Commission is aware, there have been multiple changes to law regarding how a municipality must review an application for a variance. The "undue hardship" analysis has been replaced with the "practical difficulties" analysis. On the agenda tonight is a proposed zoning code text amendment intended to update the ordinance to ensure that it conforms to the statutory analysis of practical difficulties. While the current code directs Staff, Planning Commission and the Council to perform a "hardship" analysis, this application will actually be viewed consistent with the new practical difficulties analysis. Staff finds that with respect to lot width, practical difficulties exist and that application of the 100-foot lot width requirement of the Zoning Code would prevent the construction of any home on the property. The applicant's lot width variance request is reasonable. The applicant's request for hardcover variances may also be reasonable. Their proposal results in an overall reduction of hardcover on the property totaling 5 83 square feet. Staff finds that granting the applicant's request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. Issues for consideration: 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? -----------------Page 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. 3. Does the Commission feel it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested setback variances? Planning Staff recommends approval of the lot width variance and hardcover variances. Feuss asked whether it would be appropriate for the Planning Commission to discuss Item No. 7 prior to acting on this application or whether it would be appropriate to discuss this application under the new standards prior to them being approved by the City. Curtis indicated the Planning Commission should discuss this item under the new standards. Thiesse asked if the engineering issues have been resolved. Curtis indicated they have not to date. Whipple stated when he originally purchased the home approximately nine years ago, he knew he would be making some improvements to the structure. The goal with this project has been to design a new home that respects the style, size, and scale of the neighborhood. Whipple indicated he has spent the last 12 months with a realtor and architect and have come to the conclusion that they would like to stay on Casco Point Road. Mike Sharratt, Designer, stated they had designed a home for this property and the plans were submitted last summer. Following the Supreme Court ruling, they withdrew the application and decided to revisit their plans to see whether any additional hardcover could be removed to meet the strict letter of the law. The conclusion was that they were unable to do that. The house basically consists of a 32' x 32' square foot building pad. The applicants currently have a one stall garage. Sharratt stated from past experience he understands that structural coverage is an issue. Structural coverage is currently proposed at 11 percent. The applicants realize the limitations of the site and have attempted to comply with the City's requirements. The amount of total hardcover on the site has been reduced from their previous plans. The elevation of the garage is between three to four feet higher than the existing grade. There is a full basement under the garage, which means the foundation will be significantly below the existing elevation and contours of the site. The garage will be sided and there will be no exposed concrete foundation wall. There will be approximately four feet of fill required in that area. There will also be a retaining wall and stairway off of the sideway. The lot towards the lake is very steep and has approximately a 22-foot decline in over 200 feet. In order to mitigate some of the steepness, they have taken the garage and lifted it up from the existing garage. They have also eliminated as a part of the hardcover reduction the turnaround area, which is a revision from the earlier submittal. Schoenzeit asked how the building pad for the house was decided. Sharratt stated the dotted line is the existing house and that they elected to construct the proposed home almost directly on top of the building pad for the existing home. Schoenzeit asked if they are keeping the existing foundation. -----------------Page 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. Sharratt stated they are not. There is approximately eight feet of fall, which is good for a walkout. The house could be pushed back but then the house would be considerably behind the adjoining residences. Schoenzeit noted the amount of hardcover could be reduced if the house were pushed further back Chair Schoenzeit opened the public hearing at 6:49 p.m. There were no public comments regarding this application. Chair Schoenzeit closed the public hearing at 6:49 p.m. Feuss asked if Staff has any thoughts on the practical difficulty standard as it relates to the hardcover. Feuss concurred with Chair Schoenzeit that some of the hardcover could be reduced by relocating the house further back Curtis indicated that in the past in similar situations the intent was not to push the proposed home back which would create a tunnel view of the lake. Curtis stated there are different ways to achieve a reduction in hardcover, such as a smaller driveway or a smaller home. In one instance the applicant chose to build their house further back, which then creates a new average setback for the adjoining landowners as well. Feuss commented she is inclined to go with Staffs recommendation since the hardcover is being reduced with the new residence but that she is not sure if that should be the standard the Planning Commission should be looking at. Schoenzeit commented it is a reasonable proposal, especially since the amount of hardcover on the lot is being reduced. Schoenzeit noted the applicant is not prohibited from constructing his house back from the average lakeshore setback. Curtis stated typically the property owner builds as close as possible to the lake. Schoenzeit noted the structural coverage and hardcover on this lot is less than the adjoining properties and that the proposed house appears to fit within the character of the neighborhood. Thiesse indicated he is in agreement that the home does fit the character of the neighborhood. There are several properties in the neighborhood that have multiple structures on their property. Schoenzeit asked whether the fill would need a conditional use permit. Curtis indicated the exact amount of fill has not been provided to Staff. Curtis noted the City's building official can approve any amount of fill as long as it is appropriate for the project. If the amount of fill appears to be unusual, the building official would require that the applicants obtain a conditional use permit. Schoenzeit asked whether the fill would be saved or hauled out. Sharratt indicated the majority of the fill will be used elsewhere on the property. Levang asked how close the neighboring driveway is. ------------------Page 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 20, 2011 6:30 o'clock p.m. Sharratt stated the driveway is very narrow at some points and that the two driveways are close to each other. Levang commented it appears to be somewhat dangerous in the area where the two driveways are close to one another. Sharratt indicated this property is located on one of the highest points on Casco Point Road. Schoenzeit asked if Staff has any recommendations on the hardcover amounts. Curtis indicated they do not. Schoenzeit asked if the homeowner is proposing any passive or active water mitigation. Sharratt indicated a landscape architect has not been retained at this point but that in the area of the turnaround there will be green space that can absorb the runoff. Sharratt stated there are some ideas that can be explored to help prevent runoff down the driveway. Schoenzeit asked whether the applicant would be agreeable to work with Staff on water mitigation. Whipple stated they would be willing to do that. Feuss moved, Schoenzeit seconded, to recommend approval of Application #10-3479, Phillip Whipple, 3095 Casco Point Road, granting of a lot width variance and hardcover variances subject to the engineer's recommendations, and to direct the applicant work with Staff to construct appropriate rain gardens or to do other hardcover mitigation. VOTE: Ayes 6, Nays 0. 11-3507 BILL AND CYNTIDA BOWMAN, 450 WILLOW DRIVE SOUTH, V,,._._ . ....,.1, 7:02 P. -7:17 P.M. Bill and Cynthia man, Applicants, were present. Curtis stated the applicant is uesting a side yard setback variance. The a icant's property is a small, half-acre lot within the RR-lB, 2-e zoning district and is bordered b rger lots and open space. A 900 square foot rambler and garage co cted by a breezeway curr y exist on the property. The garage is currently set back 27.8 feet from the sout 'de lot line where 0-foot setback is required. The applicants are proposing to remove the garage an onstruc larger home and garage addition to the south side of the home. They are requesting a side set variance to allow the home to be located 25 feet from the south side lot line where 30 feet is re red. The applicants' property is nonconformin ith respect to area and wi With the exception of the front yard, the existing home on the prope oes not meet the required setbacks. e applicants are proposing to remodel and construe dditions on the existing home. The applican re also proposing to remove a portion of the home ich encroaches into the rear yard as part of this reques . The existing side yard setback on the s side is 27.8 feet. The applicants are requesting an additional w encroachment of 2.7 t for a setback of 25.1 feet where 30 feet is required for a length of 52 . The addition does not pear to limit the light, air, and open space enjoyed by the adjacent property own --,,"------------------Page 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #10-3479, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of June, 2011. '11~ Q, ~ Moica A. Fadness RUN DATE: 6/17/2010 38 20-Jl7-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATAMN 55391 38 20-117-23340011 JAMIE A RISIC & KERI A RISIC 3065 CASCO POINT RD JAMIE A RISIC & KERI A RISIC 3065 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0018 JOHN P & EVY C DENNIS TRUST 3055 CASCO POINT RD JOHN & EVY DENNIS 3055 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS POBOX66 CRYSTAL BAY MN 55323 AS IT APPEARS THIS DATE ON THE R HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 20-117-23 34 0006 KE RICHEY & S J RICHEY 3 105 CASCO POINT RD KENT E & SUSAN J RICHEY 3105 CASCO PT RD ORONO MN 55391 38 20-117-23 34 0012 RA KASTENS & B C KASTENS 3045 CASCO POINT RD RICHARD A/BARBARA C KASTENS 3045 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0021 RG &PA DUDLEY 3125 CASCO CIR RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATAMN 55391 38 20-117-23 43 0049 L&JBRUSTAD 3309 CASCO CIR LAWRENCE L BRUST AD 3309 CASCO CIRCLE WAYZATAMN 55391 38 20-117-23 34 0010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0017 DORIS MOLITOR-WATERS 3061 CASCO POINT RD TODD WATERS 3061 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0022 FREDERICK C PETERS 3127 CASCO CIR FREDERICK C PETERS 3127 CASCO CIR WAYZATAMN 55391 DATE: JUN 17 2Q10 BY·/--,-'--M'-,fH;,'~~'-rl~~f--L.--'---.... L RECEIVED JUN 2 3 20''1 CfTY OF ORONO PAGE: I CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on June 20, 2011, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 10-3479 Phillip Whipple, 3095 Casco Point Road, LR-1C zoning district, requests a lot width variance for redevelopment on a lot 60 feet wide at the OHWL and 65 feet wide at the 75' setback where 100 feet is required; and a hardcover variance within the 75'- 250' zone to allow 29.7% hardcover where 32% currently exists and 25% is normally allowed; and a hardcover variance within the 250'-500' zone to allow 34.5% hardcover where 36.7% currently exists and 30% is normally allowed in order to construct a new residence and a new detached garage on the property. 11-3507 William & Cynthia Bowman, 450 Willow Drive South, RR-1 B zoning district, request a side yard setback variance to allow garage and living space additions to the existing home 24.6 feet from the south side lot line where a 30-foot setback is normally required and a 27.8 foot setback currently exists. 11-3508 Linda & Lee Wotipka, 1205 Dickenson Street, RR-1 B zoning district, request front and side yard variances in order to construct an addition to attach the existing detached garage to the existing home resulting in a side setback of 2.5 feet where 2.5 feet currently exists for the detached gara~e and a front yard setback of 15.2 feet where 15.2 feet currently exists; a partial 2n floor addition over the existing home within the required front yard setback; as well as a new covered porch/front entry addition 8 feet from the front lot line where a 50 foot setback is required and a 15 foot front setback currently exists. A side yard setback variance is also requested in order to construct a small addition to the rear of the existing garage for garden storage 7.2' from the side lot line where 30 foot setback is required. The shed addition would also be located within the 50 foot front yard setback. 11-3509 Tom & Margaret Radke, 3424 Eastlake Street, LR-1A zoning district, requests a side yard setback variance in order to construct a 2nd story addition over the existing main floor footprint 12.6 feet from the side lot line where a 30 foot setback is required and a 12.6 foot setback currently exists. 11-3510 Casey Hankinson on behalf of Ryan Companies US, Inc., 2725 Wayzata Boulevard West, Industrial zoning district, requests a conditional use permit in order to allow approximately 50,000 square feet of an existing concrete slab to be converted to outdoor storage. 11-3512 The City of Orono is considering an amendment to code sections 78-100, 78-121, 78-122, 78-123, 78-1111 and 78-1134 which govern variances. The City will be amending the legal standard under which variances may be granted. The current code provisions direct the City to conduct a "hardship analysis" and the recent statutory amendments require the City to analyze variances using the "practical difficulties" analysis. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by, June 14, 2011 if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission t)jjjptAUtcd Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on June 4, 2011. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 WN"g 3 ----.. ::0:ii:111 r- 111 Ill !2: O ,.><CD:E (1) -· (1) ~ Dl 3 ~ ~ 0~§1!:!2. ; !!!. .. !1! g: ~'< i ~ ~ -· 0 (11 -· g-; §l: en ~ ::o :::1-.00 .. 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CD --.Ji::, ::, .... -0 (C ? ~ ::: . .o (J) a.a.Co CD PJ 0 sta.~3 ::,--· i::, CDO"O..., '< PJ o5· =-a. PJ $:'. 0 l:l -· ::, :E l:l ::, (J) ;:.: =:::i ::,- 0 CD PJ p,i §.u,Ul= ro S. ni 5- _ n> .o CD n>enc'"' :E -nijg u,n>=c • r-+-......_ __ C -·..., ni-CDCD (J) CD a. I o_ ::re u, ::,-CD -0 s: ::,-::, ~ -·::, Q - CD 5 CD i,j" O" Ul CD :E CD CD !ii Ul u, a. 5 · ro st i::, ni <0 a..?> ~ ~ a. o-p,iCD::,!:.. CD::,..,...,'< oa.-;,:;-ni (J) :E ::,-::, ::, :E ··p,iOa.o u,:ECD3 c :::i 3 - -p,i"Q.O -;,:;::, 0 :E ro a. (C CD (J) 0 ::, _ '< 0 ::,-CD PJ CD CD ..., 0 ::,- -1 ...... (J) I .... ni m ffi 'u1 ......+I . ·• .... .-... ,1· •· " .·, •· -~ ~ ,. ..,.. '.,, ' •~--_,., ' ;:': ~----~ r---·r'· ·' . · -• ~ • LEGAL NOTICE . . :detac;tied garnge dn the property.~·._ ·:dim ' stoiage].2'. from the . side lot · , "hartlship 'analysis" .and :the . recent .. ::, PJ (") -· CD a. · .. ),CITY OF-ORONO "·\·, i: , , · · '· , · . '., ,, .. .. . ' line where · .. 30 .. ,foot..setback ·is ! staiutory ,arrie.ndm,ents require ihe . . 27.50 .Kelley Parkway,.: .r .11 ·3507· ':,('William t, &: .. : Cynthia. ' requirM · The ,shed addition,:would . City to analyze '.va'riances 'using lt\e ". , ... _:f P.O: B_o:11,.66 .,, ,,, . ,; "Eiowman ," 450 •Willow Drive · South ,. .also be locate □ within 'the 50 ,fo6t, : "practic~I difficul\ies" analyi,is: •.,,, . •;Qry~t~l'Bay,MN 55323 --,. RR-1B zoning \list(ict, re quest ,a frontyardsetback.' ' .. , ... _· ',· :,\." '..:.i••' ''r '. I. ;:·,:' Phone (952):24~-4600 1 • side yard setbacR variance to allow ·· . ·' , ';: , . 71' • · ·•· _ '·, .-,' I·-' ... ~•.. ·.~. ~ ·. Fax (952) 249-4616 ,. } . ,1 ,garage and living :;;pace ' additions·.-1-1·~$09·!'··Tom ~ Margaret l'ladke, -A)f persons wi~hing to 'be heard are - • : ., · ·,, ',, . :. ';;.. . :,;. to the existing home 24.6 feet from 3424 Easil~ke Str,!let, ~R:1A zo_n7 , el)coyr~ge~ tp att~nd these ~meet- . NOTICE bF··P.UBllC HEARING : .the south side lot lrlie wtiere a 30· ing distridt;··requests \a ' side ·yara . '. irigs. This•is hot a final agenda ahd f.'LfU\ll'IIIN~ ~9,':"~l~~~t>N /. ( 'tioot setback is 1nornfally -required ... setback .yari~nce_ l n or?e.r to,, ~O.~f , , / is s½bi~?t .:ttf~~hange•: prior , '!f the "'· ... •,., t 1 , .. , ,, r · ,, •. ,' ~ ··: 1. i :and ~,27.8 . ffJID! ~e,tb_acl$_, currently,' r •s\ruct a 2n(lstory '~dd1boA over th~ ·1,he,anngs. ,Written .commen_ts are I The ?rbpo ,p an_ning _. c ,?~~iss,ifm , , exists., · · · existing · main !loor footp ri ,nt 1?-6 · ! acc~pte~ a~~ s.,tiqtild .~e' sutl_mitted ;will H0I~ a public hearing rn :the 1 'l'., · rr,· 1,.' ,;,r., .; ,, _feet _fromthe_s,delot,lrne .\Y~er"ll} l·to ,th~_C11Y,_ofOrono,1by;1Llu_ne ,14i·, I Orol}o. Counc:)1 ,p~~inbers 'at :,. ,••· , ;1J·3508 _ :. ~ind<! & Lee Wotipk<!, · 80 .foot.setj)a«;k _is required,~nd, ~ . 2011 if . p9.ssi_bl~:-lntere~te~ P.er• 2780,1Ke1,1,7y :,a!kway on_ June 2~,1 ...• 12,015 ' i?'f~~n~on ,;:,~t.reet , l'!R•1 B 1 , 12.6 foot setbacR ·cu(rertly ex1s)si ~. , s?~.s lll~X !e~19.w ~he ,apP,il~abon at 2011,,be9 1l)nI~~A t15 :3.0p;m'..9J:1th~1 Z?rnn~.,d1~tn?\,._re9~~st ~ro~!•ap~•c·,·,,,,'. ', \_, ...... , ,. , . . • ._'. i 9,w,office~-.;·For ~n ~pporntment, matte~ of , rev1e,)".rn.~ ,t?e( foUo/-'.'11,n9., . .s1cjey~rQ..Y,i!r~a-?~es .rn qrdert~,.J:OI),-::, .. 1 J ·~1/1 0_,.,i. Cas_ey ,H'.';n,krn?on. on · plea~~ ~all .{9./5~) 249'46201 · , , ,lan.d use;apphcat,ons : ··'1,· : .,, :•,1 ·, • stnJ~t · an.0 ·<1-dd1t1on , to. ;attach , t!le ,. .,behalf of i..Ryan :,Comparnes ·•U~/·• . : ,· ·,., ,. ;, -. , :i, 11 ., .. ·. · 'I , · ·. J .-existing detachild gahlge ,.fo il1e f lnc,.;-.2725 ' V','.ayzata B9,Lllevard ~'/.Ciiy,of ,Oroncf".,: •. ·.:;i_•; , 10~3479 . Phillip Wtiippl_!l , 3095 exisfing ~home'"iesu ltirig i_n ··a sic!~ ' West ,'.'·;lhdu stria,1.. zoning district: _'By: Planning Corhmission . -_, Casco Point Road , LR·1C zoning ~ setl:iack of.2.5 feet where 2.5 feet :. requests :a • conditional, llse permit . ·, . , district, r.equests a . lot. width '(o,~i~: ,.:curr.entfy , .~J!:ists for •. the ,. detachecj .' in ,or,(;l~r. to .. allo_w approxim!~{elY,. )~elanie.,C~urt[s ,., " . .', . . , , . .,,, • ,. an_ce for .redevelop ment on ,!\ lot .~Q · _.garag~,arid ~ fro pt Y,ard ,seiba?k of . ~0_,Q00, square ,feet ,of s1n ex.isling _, ;Planning~ Zoning Co_ordinat?r _,1: '..·· '.ieet•w.ideattheOHWLahd65-feet,. 15.2feetwhere•15.2 ,feetcurrently • .. • concrete slab .tq be converted to , , . , .<:or,: . wide attHe 75•'.settiack where '100 :' 1e)iistt'a':Raftial 2nd flo_o,r additiei;i j.,outdo,or sto~ag~.: ·'·, ·_,·y :,i°"F '~osted at ·Orono City Qffice_s ~~i1{',:'. te~t· ii{r~~Gired; aHd -a harclcover , ,.'over tHe · f ~istiii~ ~om e'wittii~ i11et '·· \' . ' :!:;,, , ,, .. ;;,r. : ;c, •:'"'.·~Crystal Bay Post Offic~ . .' /.;iiw ':.·· • variance ·,wiihln the.75'·250' ~one to reqJire_tj frpnf yard setbac~::as ,w.eil :i(,t.i 1,351i• . Th~· qty, of '0 rcin o ' is", :Long Lake Pdst Office :, . · •. (}"1 .' all~w. 29.7-0/o .har~coit~r, whef~•,3?°1l ' . ~s ~ ii7w ~o~~red porctyfr~!1i eht~f /, cohsi~eir11g a)i ~rfi!(ndme~t fo c:6~~-. , Navarre P~~t -b ,tiice i: ' ' ' currently exists and 25°,(., is normal· . : ,,addition 81.feet from lhe front l<:>t lihe .. ·• sections , 7&· 100, .7.8-121 , . .7~· 122; -, ·" . · · ; •. . . . . ly aliowed·.:fod ' a hardcover .vafi.'..(,"wh~re a.50, foot setba.ck is recjtifr~~-'j!ia.123,. 7B}i 1,n , ~ntt 7Ba1 134. ',.(Publisheq ',;n The Laker •and_\Th~·• ,ant:e withi~ ttie ' ;250''500' zonei',t6 , af.lcl a 15 foot ironf.sett>ack cu rrent"°' · which govern valiances.,, The City ··;, Pioheer,'.Newspapers ,. ,June_.1 4, allow · 34 ,5°/~ hardcbver ' ,where ',~• ly exisi~.' A ·side 'yard sfutback .itaH,, '. · :.Viii be amending:the legal stanaard . ~2011( ., ;, ' '. '( ' · · . ~6.7% t:urrenu-,i exis!l> 'and 3.b?( .. Ji• :: .. ·~nc,(i~ al§8 -r'?q4ei,Jeti ih q~de,qo .. • ,Lhdeir ,J.ih[~h-·)iariah9es ' ni~y il~:-.i. ,J, ,, ' ' ' ' no rmally.•aiii::i;,/.eihh 9rde~ i if coh~••;'r cori~trµct , ( small, ,a~dition, to life ··: granlei:1 !", The' C:UJrent qode ' prpiiic ,/• siruct 'a-new resi dence and ,a hew 1•• r:iilar .of. the ·exisiing .garage for g_at0 .• ,. sions ·direct ·the 'Cily to ,conduct ,a , ~·r~<·;-~/-~,;-~ . rY-,,:~!;•--·-.:;;-!~,·\·~if~,\ ' . 1'·,. 1_ •• :.··~~-;~,.'~:~-~;:• •. i~~~~•:.-~, ~~~~---~-· . j t:;-,.._,~ .!_ en §: CD 8.. s: s· ::, CD (J) 0 -.?> 0 0 C ::, -'< 8.. I CD ::, ::, CD l:l s· !: ::!? C. ~ ;::;: s. "'CJ C g: -C 2;. -· 0 :::s 26 May 2011 Phillip Whipple 3095 Casco Point Road Wayzata, MN 55391 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 SUBJECT: Zoning Application #10-3479 I am in receipt of all of the revised plans and information required for your variance application for your property located at 3095 Casco Point Road. Our preliminary review indicates that your application appears to be complete. City Engineer comments on the revised plans will follow. Your application is scheduled to appear before the Planning Commission on Monday, June 20, 2011. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Orono Melanie Curtis Planning & Zoning Coordinator c: Mike Sharratt via email Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us MEMORANDUM DATE: TO: Tom Kellogg, City Engineer FROM: Melanie Curtis, Planning & Zoning Coordinator RE: File# /0-347q - otJvl(f"VUtrirn CJ/5"~ Please review the enclosed information for //1~ Mme <;£ (}~ and provide comments by 07,J~ LP d~ 01M~ Please call me at 952.249.4627 if you need additional information or if you have any questions on the attached information. Thank you, 929.4 CONTOUR· ··•· UIE (O.H.W.) LAKE MINNETONKA 10-137A CERTIF ICJ\TE OF SUR V}i:Y FOR PHILLIP S. WHIPPLE / ",...._✓s?>v I I I --/ ----"--~-,..,...,.,,.···~. .............. .,,,,,. . -~~v _ ........ -... ~-... ;;-~ · OF TRACT A, R.L .S. NO . 1311 HENNEPIN COUNTY, MINNESOTA (f3C.7) 40 20 0 20 40 S C A L E IN F EE T (97'.8} EXlSUIG HOUSE j308S I I I I LEGAL DESCRIPTION OF P~EMISES : RECEIVED MAY 25 2011 CITY OF ORONO Tract A, Register ed Land Survey No.-1311, files of Registrar of Titles, Hennepin Cqunty. Minnesota. o : denotes iron morker set e: denotes iron m arker found @) : denotes Judicial Londmork found (908.3) : denotes existing spot elevation, mean sea level datum --917 --: denotes ex isting contour line, mean sea level _·datum Bearings shown ore based upon on assumed datum. This survey shows the boundaries of the above described property, the location of on existing house, porch, decks, to be rem oved, goroge, trees, spot elevations, t opogr·aphy. the location of oil visible "hardcover", and t he proposed loca tion of a proposed house, deck and porch thereon. It does not purport to show any other improvements or encr oachments. 1-u w -:, 0 0:: (L Address: Date: 5 /z1a1..J201 l Prepared by: HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) G> 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. B. Gara9e X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = tzA.oo S.F. Dcc..k:,, X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. __ ...:::z;....:_ __ ---·- G. Retaining Walls X = 4 or. oo S.F. V/k\\_\,..:5> H. other X = u.oo S.F. \7LP.,i'1-1\;;:\;;;. TOTAL HARDCOVER IN ZONE \::l:~~, Oo S.F. A TOTAL PROPERTY AREA IN ZONE 4154,oo S.F. B A \'9 4•,0D + B ·~ 75t.!, ,Q'.) X 100 = 4,08 % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. · · F; Laridscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. .::--Gld,1 1~ ,,ts l !!'. '-J.l.t5. /J; H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOT AL PROPERTY AREA IN ZONE S.F. B A + -B X 100 = % Last Updated: 12/22/2010 -16 - -··- Address: ______ =--------------------Date: ·"6 / ;u/) 26 I I Prepared by:. ____________________________ _ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. ,:Gar~e, C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 0-75' X X X X X X X X X X X X X + B = Width = = = = = = = = = = ----~x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = Length Width X = X = B. Garage X = C. Driveway X = X = --·-·- D. Sidewalk X = X = E. Patio/Deck X = X = F. Landscape X = Underlain X = By Plastic X = G. Retaining Walls X = H. Other X = TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 3 89'1•, 60 + ·B I :3 l o ,r{~, Oc, X 100 = Last Updated: 12/22/2010 -16 - 500-1000' \ '385 .. o::, S.F. ) b3,0C> S.F. ----~-S.F. ___ ?_:-_.•_,';,..1 ,~Q;,:.t..,),,,,. S.F. ~""\( \,h.tU _ _,l_tl_,_r?e::..· ~~-"--:, ,'-"0"-'6"'-= _ S.F. ~ !+ -----~S.F. ;54,,oc;, S.F. !::?.cx:,.k. o~-l ______ S.F.1 f?otJIJI,:.;: ---===S.F. 13 ,00 s F ,;,:/\1,,,l' I 1or'nJ, __ .;;.........,;;;,,--· · r~. ~, ,,r.i·~/~. __ a'-· _,c?,_<~_:;; __ S.F. l~J'/i. (:;./;d_t"'~ +·I ,-,;.o;;, s.F. A /:1, I/J.;f0 ,s1•:, S.F. B :"::'::-l'...c;.):::) % ______ S.F. 3,:;10,,0Q S.F. \J;~1C;$~i;) ______ S.F. ,, ·· '2,c,.q,,oa S.F. r:~Pj7!5'.5i;:.l? ______ S.F. v✓/4.L--k' '.2.50,00 S.F. p\2..0 r,osl:J7 ---'-'="30:.cc...:c,O=C>=-S.F. \7 l=C.,( ..J·$+.l\q;; 3 ~ l? \7EC.1': ______ S.F. ______ S.F. ______ S.F. _,.:.,._ ____ S.F. ______ S.F. 38C\4,oo S.F. A 13 lO 4• ,OD S.F. B 2."'l. 71 % Address: Date: ~/z4-/-z.01 I '------~~--------------------- Prepared by:, ___ -'-----------------------'------~ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) / . _,,,,---.,~- 0-75' 75-~50~~· EXISTING HARDCOVER IN ZONE A. House X :, = Length Width X = X = B. Gara9e X /4,t:>, 4,. = C. Driveway X = X = D. Sidewalk X = X = E. Patio/Deck X = X = F. Landscape X = Underlain X = By Plastic X = G. Retaining Walls X - H. Other X = TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A "T,r;, TLl)Q + B t:1 8/~f} ,(}{) X 100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = Width - B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ~-~rJ:LoC Last Updated: 12/22/2010 X X X X X X X X . X X X X X X ..,.. -B = 2.Z .oo = = = = = = = \ 3 BZB-oo x 100 = -16 - 500-1000' \J~•\ t.t ./ re:> r? !?l:: r 126 00 .,;,7 1,.u~·f IIJ ---'---';__ __ S.F. !?(~1\/~'.V¢,"j' lj __ 7_-t._,_.)_, O_o.;c___ S.F.~ s{,<.1 ~\•/,{'j 1:-;,oo S.F.= p.;,[,!7!:.j\:;;;•h~l7 ---'-'-"--=-'""--0-tall~:,; ' ---t""':;l..,;;;;;_~_1 ..... o=c1"""""'s.F. ,~1, ~1 P-';, , , c}·t) s. F. D r~~ t\, i.~,,~ ~.'., ·T _ ___:____,tl-"·be...:._,,O'-"O,:;..,. _S.F . .-;:ape_, pratl ______ S.F. ______ S.F. ______ S.F. ______ S.F. ---~=-S.F. ~-Z_l_.oo __ ~s.F. -,-;:_:,""-.~-'?OCc''1:....,:•=:..:;.•c:a:o:.:::'9_· _S.F. A _l:...':'..c.c18""··"-'7,""8~-;;:.o.:o:·o __ S.F. B _ __,5:::.' 'o::-~--f.:..,/~=-% ______ S.F. ______ S.F. ______ · S.F. i-.\ 1:-'"' or::,-~-::. 1.1. __ --'-7_''1""'?"" .. -'-.Q==O'--S.F. c1.~ <;,>J~Ci r;;. 34[}o.oo s.F. ______ S.F. _____ _::__S.F. ______ S.F. ______ S.F. ______ S.F . ______ S.F. ______ S.F. ______ s.F. _...:_ ____ S.F. ______ S.F. _-,-c,£!-(;,;.i/.:...1 ::;2:.:::&,_,. Oc...:, ":c..·• _ S.F. A _..:,:l s"'-·,-=s-=ze.:::8c_' '-=.0-=.0_ S.F. B ___ :J_'1_,_,·_c_• _s-=o'--_% August 18, 2010 Phillip S. Whipple 3095 Casco Point Road Wayzata, MN 55391 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crysta I Bay, MN 55323-0066 The City of Orono is in receipt of your letter dated August 16, 2010. At your request, Zoning Application 10-3479 is hereby tabled until July 1, 2011. Contact me if you have any questions. Sincerely, ~ Christine Mattson Planning Assistant Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us August 16, 2010 Phillip S. Whipple 3095 Casco Point Road Orono, MN 55391 City of Orono 2750 Kelley Parkway Post Office Box 66 Crystal Bay, Minnesota 55323 To: City of Orono, Orono City Council, Orono Planning Commission, Orono Planning Staff, and Ms. Melanie Curtis, City Planner Re: M. Curtis letter of July 22, 2010 I would like to request that my zoning application be tabled until no later than July 1, 2011. It is my hope that by that time it will have been determined whether or not it will be feasible to move forward with my home building project. Thank you for your time and understanding in this matter. CITY of ORONO 22 July 2010 Phillip Whipple 3095 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono , MN 55356 SUBJECT : Tabling of Zoning Application #10-3479 Municipal Offices Ma ili ng Address: P.O. Box 66 Crystal Bay, MN 55323 -0066 We have received and reviewed your July 19th letter requesting to table your application for up to 12 months in lieu of the standard statutory 120-day time period . Typically the City does not accept extended requests to table an application. However considering recent events we have considered making an exception . Further, at their July 19th meeting and at your request , the planning commission tabled your application with a 5-0 vote. At the guidance of the City's Attorney, I am requesting an additional letter from you. In this letter please state a date certain for your tabling request -"up to 12 months" is too open ended . Upon receipt of this letter I will schedule a City Council meeting date. As your application was processed staff will recommend to the Council that the $700 application fee not be waived, as your letter suggests . You may appeal this recommendation to the Council at the same meeting. Please respond with the letter requested above before August 23 rd or I will place your application on the City Council's agenda with a recommendation for denial per the staff recommendation outlined within the July 13, 2010 staff report . I look forward to hearing from you before August 23 rd . Please call me at 952.249.4627 or by email at mcurtis@ci.orono .mn.us should you have any questions. Sincerely, City of Orono _ &UwUM Melanie Curtis Planning & Zoning Coordinator c: Mike Sharratt via email Telephone (952) 249-4600 ~ Fax (952) 249-4616 www.ci.orono.mn.us MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 19, 2010 6:30 o'clock p.m. Leskinen m ed, K g seconded, to rec North Shore D ' . VOTE: Ayes 4, N s d denial of Ap hoenzeit Oppose . 5. #10-3479 PHILLIP WHIPPLE, 3095 CASCO POINT ROAD, VARIANCE, 8:16 P.M. - 8:16 P.M. Kang moved, Schoenzeit seconded, to table Application #10-3479, Phillip Whipple, 3095 Casco Point Road, at the request of the Applicant. VOTE: Ayes 5, Nays 0. #10-3481 and #09-3417 NICHOLAS AND JODEEN KOZLAK, 1635 BORNS POIN , VARIAN CE RENEW AL Kang mo d, Schwingler seconded, to recommend approval of Application #10-3481 icholas and Jodeen Kozl 1635 Bohns Point Road, renewal of variances. VOTE: Ayes 5, Na 0. 7. REPORT OF PL ING COMMISSION REPRESENTA S ATTENDING CITY COUNCIL MEETINGS ON E 28, 2010, AND JULY 12, 201 Kang reported on the June 28 th City ncil meeting and note ere was a brief discussion regarding Long Lake's water capacity as well as a · cussion on possi e street and utility improvements. The City Council looked at which roads should be pri 'tized and e possible funding of the projects. Kang stated at the July 12 th City Council meeting t re was a presentation by the Orono Youth in Action on banning smoking in the city parks and a prese ati by the city auditors. The Welsh Companies assisted living application was approved . 8. OTHER ISSUES FORD CUSSION Kang stated at the City Coun · work session, there was a discussion re gar · ng the Supreme Court ruling. Staff sent out an e-mail to e commissioners on the Supreme Court ruling. Curtis stated a numb of cities are reviewing their codes in light of the ruling but Legislature will ne cl to respond and change the hardship language . Feuss stated e City may want to revisit those variances that have been routinely granted 11er the years to see wh as typically been approved over the years. PAGE 13 Date Application Received: 06/23/2010 Date Application Considered as Complete: 06/23/2010 60-Day Review Period Expires: 08/22/2010 To: From: Date: Subject: Chair Kang and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordinator µ{) 13 July 2010 10-3479, Phillip Whipple, 3095 Casco Point Road, Lot Width & Hardcover Variances Public Hearing Zoning District: LR-1 C, One Family Lakeshore Residential, ½ acre/100' 31,686 sf (0.73 acre) Lot Area: Lot Width: 60 feet @ OHWL and 65 feet @ 75' setback Application Summary: The applicant is requesting lot width and 75'-250' and 250'-500' zone hardcover variances in order to construct a new residence on the property as follows: 1. Lot width of 60 feet at the OHWL and 65 feet at the 75' setback where 100 feet is required; 2. 31.9% hardcover within the 75'-250' zone where 25% is normally allowed; and 3. 33.2% hardcover in the 250'-500' zone where 30% is normally allowed. Staff Recommendation: Planning Department Staff recommends approval of the lot width variance however recommends denial of the hardcover variance. The applicant must provide a revised plan which meets the hardcover requirements. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. Sec. 78-1288. Hard cover limitations. List of Exhibits Exhibit A. Application Exhibit B. Hardship Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. City Engineer Memo Exhibit G. Property Owners List Exhibit H. Plat Map 152910v2 5 Background FILE #10-3479 13 July 2010 Page 2 of 3 The applicant would like to remove the existing structure which was constructed in or before 1967 and construct a new residence. They are proposing to maintain an existing detached garage and portions of the existing blacktop driveway for use with the new home. LOT ANALYSIS WORKSHEET Lot Area/Width: LR-1C Lot Area Required 21,780 s.f. (0.5 acre) Actual 31,686 s.f. (0.73 acre) Setbacks: LR-1C Required Rear 30' North Side 10' South Side 10' Lakeshore 75' Lot Width 100' 60 feet @ OHWL and 65 feet(@ 75' setback Proposed +200' 13' 16.2' 138' Average Lakeshore The average lakeshore setback is met. Structural Coverage: Total Lot Area Total Structural Coverage 31,686 s.f. (0.73 acre) Allowed: 4,752 s.f. (15%) Proposed: 3,485 s.f. ( 11 % ) Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75 4,754 s.f. O s.f 194 s.f.* 194 s.f. (0%) (4.08%) (4.08%) 75-250 13,104s.f. 3,276 s.f. 4,193s.f.* 4,190 s.f. (25%) (32%) (31.9%) 250-500 13,828 s.f. 4,148 s.f. 5,077 s.f.* 4,604 s.f. (30%) (36.7%) (33.29%) * After exclusion of fabric or plastic-lined landscape beds Lot Width Variance The applicant's lot is substandard in width with 60 feet in width at the OHWL and 65 feet in width at the 75-foot setback where 100 feet in width is required. Without a variance from the 100-foot lot width requirement, the applicant would be unable to build a home on a residentially zoned property and therefore the property could not be put to a reasonable use. 152910v2 Hardcover Variance FILE #10-3479 13 July 2010 Page 3 of 3 The property is permitted 3,276 square feet of hardcover within the 75'-250' zone and 4,148 square feet of hardcover within the 250'-500' zone. A total of 7,428 square feet of hardcover is allowed on the property. The applicant is proposing a new home with a footprint of 3,028 square feet, a 457 square foot detached garage, and approximately 5,500 square feet of driveway and sidewalk. The applicant is proposing to exceed the allowed hardcover by 1737 feet. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that there would be an undue hardship by the application of the lot width requirement of 100 feet because the strict enforcement of the Zoning Code would prevent the construction of any home on the property. However, the applicant has not demonstrated that enforcing the hardcover provisions of the Zoning Ordinance deprive the applicant of the reasonable use of their property. Staff finds that the applicant is not prevented from building a smaller home, located closer to the street that could be constructed on the property and not require any hardcover variances. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lot width variance to construct a new home on the property. However, staff recommends denial of the hardcover variances for the project. 152910v2 PC Ex hibit A City of Orono Variance Application Street Address : 2750 Kelley Pa rkway Orono , MN 55356 Ma in: 952-249-4600 fax : 952-249-4616 Ma ilin g Addr ess: P.O. Bo x 66 Crysta l Bay , MN 55323 -0066 App li cat ion # [O .,, 3 '-f 7 9 Date Rece ived : ~/ z. 3 {I o I I Staff : MG Fee : ..,_@'-=7=--0Q)"'-------- Renewa l: $350 --'---'--'-,--,-----,------,------,-- Afte r -the -fa ct: $1 ,400 (do u ble fee ) Escro ee: 2 ,500 ew home I add iti on / new structure $ 600 othe r var iance T his app licat ion form must be completed in full. Applicant w ill be not ified w it hin 15 days as to the status of the applicat ion . Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Add ress : 3 c) CJ 5 C'1 ~D Property Identification Number (P I N): Date Property Acquired (month/year): t{l-2-D o 2-□ Yes, I own the adjacent parce ls. Zon ing District: APPLICANT INFORMATION: (Complete legal names and marita l status requ ired for each interested party) Name : Phi I h i e._.. P hone (home): 5.;;l -CJ /-/ D3o Phone (work): ~-tt.,,3-33/ -3,30'2"' CompleteAdd ress : 3o9'5 C,.1sc t. 10,',J 126o.d1 L J-c,,.,15 c.k, /YJLU 5537/ City , State & ZIP Email : ___________________ Fax : OWNER INFORMATION : (Complete lega l names and marital status requ i red for each interested party) Name : S A""'-e-as a/;-oue..... Phone (home): ____________ Phone (work): Comp lete Add ress : C ity , St ate & ZIP Ema il: ___________________ Fax : DESCRIPTION OF REQUEST : Descr ibe the request in detail (attach additional sheets if necessary): I ?:4:(2.._ d-ou.M Q).us-b>:J s fv'-L~ (f.M. c1 b w 'Id 1u<,) s YL< cftlA...R__- Last Update d: 5/11 /2009 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. ~ ·, Not , < ' Ericlosed Applicable . .. uJ" □ Escrow Agreement signed n.~12...d. CM"{ Cj . 10"' □ Escrow received □ □ Pre-Application Form .. CY-' □ Application Form nee. d VY \ q" I V\A-( 121' □ Hardship Documentation l2f _. □ Certified Property Owners List .. . . □ □ Survey (meeting ALL requirements shown on paqes 5 -6) Q OVV\lit1f.t ., . ,0' / ... □ Proposed Plans [2f □,,, Hardcover Calculation(s) ·p -.. . [A"' Septic Svstem Site· Evaluation Report □ D' Wetland Delineation q ·. I2r Wetland Buffer. Evaluation □ cY Buffer Improvement Plan ' -~ ·_·10 _-,: □ • .. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department , • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application , and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so , the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed . • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents , Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting , please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data . Confidential data is information which generally cannot be given to either the public or the subject of the data . Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information , the a lication ma not be issu d . Applicant's Signature : Applicant's Signature : Owner's Signature: Owner's Signature : _4~· ~'~--->---=€=------Date : -4 Date: Last Updated : 5/11/2009 PC Exhibit 8 /, HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete cir placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted . The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships . In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated . HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible . Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation . If you leave something out it will not be considered . Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls ." Gee ~N1' I 2 . "The plight of the landowner is due to circumstances unique to his property not created by the landowner." u 3. "The variance, if granted, will not alter the essential character of the locality." l( 4 . "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." l\ 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J .06, Subd . 2, when in harmony with this Chapter." \t 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located ." ,, Last Updated : 5/21/2009 -10 -#347 -. - 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 4 ,;,g_ ~.FM: \ 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property ." " 9. "The conditions do not apply generally to other land or structures in the district in which said land is located ." l( 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code ." l\ 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty ." \ I Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship , practical difficulty or unusual property conditions preventing compliance with Zoning Ord inance requirements in the following lines (attach additional sheets if necessary): . .., Last Updated : 5/21/2009 -11 - #3479 • ( t: ~ des, C -0 mp any June 23, 2010 Ordno City Council and Planning Commission c/o Ms. Melanie Cmtis, City Planner City of Orono - 2750 Kelley Parkway Crystal Bay, Minnesota 55323 Re: Attachment 1 to Zoning Vari~nce Application Dear Ms. Curtis: J /__- On behalf of Phillip Whipple and Donna Swedin;please find below responses relative to the questions asked on the CHy of Orono 1 s "Hardship Documentation Form." < ' , - 1. "The property in question cannot be put to a re~sonable use if used under conditions allowed by the official controls." Reasonable use: under the present official zoning controls, the present lot size is non-conforming, permitted, the lot width is non-conforming, and the present hardcover in the 0-75 zone, 75 -250 zone; and 250+ zone is non-conforl'!1ing, despite being permitte.d under less restrictive zoning controls ~t some past dates .' 3095 Casco Point Road -has uniqi.1e to itself property co,lfi.gurations that prevent reasonable use under present day official controls: --a. Prope1ty Configurntion (see survey): The property is 539.5 x 15 x 497.4 x 60, which is very long and nalTQ':" and cannot be changed. b. Topographic Change: From the drive entrance off of Casco Point Ro.ad to the existing home location is a downward drop of27'. This drop occurs mostly over a driveway length of220' or an average of 12.2%, with some specific location grades as steep as 13.3%. Thus, adequate garage and vehicle tum in/turn out space is a challenge. · · c. Continued Use: -. - Despite these challenges: the owner believes the property has been developed to a reasonable use I and simply wishes to redevelop the property equal, or make better, the present non-conformities , - per MN-:St.Stat. 462.357, Subd. le. 4 6 -4 S e c o n. d S t r e e • t • S u i f e 100 • Exce sior, MN 55331 p h o • n e : ·9 5 2 . 4 7 0 · . 9. 7 5 -0 \ • f ·a I x : 9 5 2. . 4 7 . 0 8 4 0 7 website:·sharrattdesign.com • em a i I : Ms. Melanie Curt_is City of Orono June J3, 2010 Page Two 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner:," 1 . , · Having lived on the prope1ty for almost 8 years , all improvements , non-conformities , and hardcover were in place at the time of purchase in September 2002. 3. "The variance, if granted, will not alter the essential character of the locality." The property will be redeveloped to the single ·family dwelling use , with a structure in virtually a similar location, will meet present setbac;ks, maximum height, and structural coverage requirements , preserving and improving the essential character ·of the locality. · 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." · Economic considerations are an insignificant reason for redevelopment and the granting of variances. , .. ' The primary reasons for this request are : . · - a. Deteriorated sfructural and construction quality , including water intrusion, mold, structural deficiency and ceiling heights . _ b . Functi~nal obsolescence and spatial/organizati.9 nal inadequacies. 5. "Undue hardship also includes, bu1 is not limited to, inadequate access to direct su_nlig~t for solar energy systems. Variances shall be granted for ea!th sheltered construction as defined in Minnesota Statutes, Section 116J.06, S_ubd. 2, when in harmony with this Chapter." This is not .a reason for the variances requested or the existing non-conformities to be continued. . . 6. "The Board of Appeals and Adjustments or _the Council may riot permit as a variance any use that is not permitted under this ~Chapter for property in the zone where the affected person's land is located." .. _ 1 This request is consistent with the present allowed uses under the ordinance . 7; "The Board or Council may permit as a va~iance the temporary ·use of a one-family dwelling as a two-family dwelling." Does not apply .. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The ex act conditions of this property are unique to this·prope1ty , and have some similar aspects of adjoining prope1iy, i.e., downhill, steep grades, and lots of non-conforming widths , road frontages , sizes, etc., yet are also uniquely differing in severity. \ ' ' 9. -"The conditions do not apply generally to other land or structures in the district in which said · land is located." The exa_ct conditions do not apply generally to other land and structures in the District. Lot conditions vary greatly and each must be fodged on its own unique merits. < ' 4 6 4 S e c o n d Street • Suite 9-52 .470 .9750 phone: w e b ·s i t e. : s h a r r a t t d _ e s i g n . c o m ' . l O 0 • • Excelsior , MN fax : 9·s2.470 5 5 3 3 1 8 4 0 7 e m a i I : ; n fo ~sh ·4r3d 4 7 Ci Ms. Melanie Curtis City of Orono June 23, 2010 Page Three "'\ 10. "The granting of the application is necessary for the preser.vation and enjoyment _of a substantial property rtght of the applicant." Granting of the variances requested is necessary to p'ut this specific prope1ty to a reasonable use equal to the preservation and enjoyment of tlie present substantial existing and owned prope1ty rights. 11. "The granting of the proposed variance will nqtin any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." -. ' Granting of the variances requested will not impair but improve the owner's and neighborhood's health, safety, comfort, quality of the lake experience life, and improve the City of Orono's liousing stock. In no way is this granting contrary to the intent of the zoning code of MN State Statutes. . . 12. "The granting of such variance will not merely serve as a convenience to the applicant, but ls necessary to alleviate demonstrable hardship or difficulty." Granting of the variances requested has nothing to do with '~~ere convenience" to the applicant. As demonstrated above, variances ar~ required due to unique physical asp.ects of the property and the 0wner's health, safety, and welfare. Hardship Statement: . · · , I Physical and practical difficulties for reuse of this unique piece of property e~istrelative to _present day zoning ordinance requirements.· this prope1ty would not be a pennitted subdivision today under the zoning ordinance and m§et all of its requirements. Thus,.all indigenous series of hardships exist Combine this with a prope1ty configuration, length, narrowness, and steep topography generates additional non confmmities related to hardcover of struc~1fos, drive. and turn around space on level grades in order to · . continue or make a reasonable use of the fand. The owner d_esires to expand no non-conformities and only continue ones tluough re-:use caused by existing site effects through structure replacement. The owner also desires to improve .or cure existing non-conformities, including reduction of hardcover in the 250+ zone, and cure a non-conforming side yard structural setback, In smmnary, it is not possible to not request · variances by the nature-of th.is ~egal non-conforming lot and its physical characteristics, and redevelop the property to a reasonable and similar use that presently exists. Sincerely, Michael D. Sharratt Sharratt Design & Company On Behalf of P4,illip Whipple and Dom1a Swed.in 464 Second St-reet • Suite p h o -n e : 9 5 2 . 4 7 0 . 9 7 5 0 - we _bsite: sharrattdesign.co .m • 00 •· E.xcelsi ·or, MN 55331 • fax: 952 .. 470 8407 em a i 1 : i n f o@ s h arr at t d e ·s i g n . com 10-137A 929.4 CONTOUR· .• LINE (0.H.W.) EXISTING HOUSE 13061 __ ... •· .. •·· , TA~ LINE OF/' SIGHT SETBACK 75' SETBACK LINE \ CERTIFICATE OF SURVEY FOR PHILLIP S. WHIPPLE OF TRACT A, R.L.S. NO. 1311 HENNEPIN COUNTY, MINNESOTA \ ING OUSE #3105 •~,•I t., 40 20 (9S7.II) 0 20 40 S C A L E IN F E E T (K7.D) EXISTING HOUSE #3085 I I (117J.2) ,,...--, Os ·9o "'-• "t!,.J,,(t7S.4) LEGAL DESCRIPTION OF PREMISES : (Q7J.5) JUN 2 3 '21)10 0 ~ 0 0 Tract A, Registered Land Survey No. 1311, files of Registrar of Titles, Hennepin County, Minnesotc•. 0 : denotes iron marker set ., denotes iron marker found @: denotes Judicial Landmark found (90B.3): denotes existing spot elevation, mean sea level datum -917-: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of on existing house, porch, decks, to be removed, garage, trees, spot elevations, topography, the location of all visible "hardcover", and the proposed location of a proposed house, deck and porch thereon. It does not purport to show any other improvements or encroachments. PC Exhibit C 1- (_) w -:, 0 er: 0... e; .N~ h'-T& rt ;;;1 ~!, VJ/ ----t~ ;= \'ly------~-·· i \ I I ~; ! I . -1 . --:•· E=~~~~ . ' I _ ... f::;;~ µ 1~. ? ~2&~ 1 ) 't,;ftl.\~✓ ! -~1 I -~j --ii --h -i- PC Exhibit D ,, . JUN 2 3 20i0 I i-F' ' .! F -·- ' , ________ ,. . ' JUN 2 3 2010 CITY OF ORONO I 1/V t)(,,A/ ,'G, C.L,I b~,- "-'-·"'"'"'-, "?' '12:? i2,A'4" 'i4,,;' .e, JUN 2 3 2010 1 I i 1- ~--~-'?-'Y·W b-lN I I l I I. I Jt,; _& ~Dl~-r/ l-<it--!E'_ · ! 1'7 I •t'(_ I I ! + I ___ :-~ ____ ::_01-±-1 ft~L..rLl~-JJ. ~~Q~J-~ ·HM-. , _ : -... :512 .c., (2,1 __ (,,~'/>;;z.,,: !/ ~ f "-yfi14c, ~ ':! BM r' D/f JUN 2 3 20\0 _(2£'--r foL-i--: e'Gi':r-,::;;H --~- -; ;:::: 1 RECEIVED JUN 2 3 2010 r"'Ht':'.~~~,~tJ" (1, --·--·· -··---·~ I -- ,s I I -... . RECEIVED JUN 2 3 2010 OF ORONO CITY . , • ... ••N>~-: .. ::'. ~-r~; ·- , ,,,,,,. . . ,...-=....,, JUN 2 3 2010 ' _:__L !!=/====== i "'•--·------, ______ -------·'-=---.,=•···--=-'-:=--·=•-,--,=•--=-·=--,-=-. ==--=--=-=· ==tq· t J i I ' -- I . . -c.r.--- l ---- -· ~ k-J~_ V ~ :-t°:' I ~IL \/\IH I PPL£ 0-10~10 \<'.L~ -4f:=. f3.I WAG,: A· HAR~R CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' · 500-1000' EXISTING HARDCOVER IN ZONE PC Exhibit E A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X -S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E .. Patio/Deck X = 12.i S.F.-OF-~ X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = 4-4-S.F.-W..<i Lt,$ Walls H. Other X = 26 s:F. -PLAHTf-:i< TOTAL HARDCOVER IN ZONE ,q~ S.F. A TOT AL PROPERTY AREA IN ZONE 4-75 S.F. B A llf'I-+ B 4'7S4: X 100 = 9--,oB % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. 0 X = S.F. C r-~ z w ·, .. 0 C.~.) ~ ,, •• J er: B. Garage X = S.F. Cr) 0 w N LL C. Driveway 0 :z: 0 X = S.F. w ::) ~ X = S.F. ~ -::> (.) D. Sidewalk. X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. ~ Walls ~ fA1it t A.5 A/Jal/€ (Mo (ilttl!/Ccu} S.F. H. Other X = =l=I= TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE $.F. 8 A + B X 100 = % JUN 2 3 2010 PH-IL. \tilt-ti PPL.E ~ RLS it,. \ 3 I / CITY OF ORONO b·23-1 o ~~TI{ HARDCOVER CAL~ION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 5-250' 250-500' ' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = 13BS-S.F.-HouSE Length Width X = ) b3 . S.F.-oP£i-.t POR.c.H- X = S.F. B. G~ge X -2q S.F. ·-l<oci< \/✓t.11...1.::, C. Driveway X = l 9--53 S.F.-81T, ORNfaAIA }' X = S.F. D. Sidewalk X = <97 S.F.-61<1~ WAU.!'. X = '2.1 S.F,:--S1f PP1N~ ~1QN£f E. Patio/Deck X = 81Q R~P. D~St- s.F.-~01 -n;e X = S.F. F. Landscape \b-~EO ROCI( X ~ t?>-I 11 /?.Oc.1< = 54 S,F,-RO(rll. OY-1 6.1<{)1,J,.}£ Underlain X = S.F. By Plastic X = S.F. G. Retaining 173 \AIAl.L. NO,~rl./ .t X = S.F. ~ ef~R.4$:,f f f)f?tvJ Walls w~ H. Other b -2.><-2, f \,',,,c.l,S-X '2. -N &-r TO HOvSf = 6 s·F _AOOITION/4JL. . . lt?i'IC.f~£TE TOTAL HARDCOVER IN ZONE c,.1q3 S.F. A TOTAL PROPERTY AREA IN ZONE \5, 104 15, I (2_~ S.F. B A q1q3 + B X 100 = ' 32,00 % PROPOSED HARDCOVER IN ZONE A. House X = 2234 S.F. -PROPOSED Length Width MthJSf X = S.F. p D X = '2..15 s.F .... ./WP05CE p0(4H B. Garage X = S.F. C. Driveway 1113 P~OPOS6D X = S.F. -Ot<.1\/t:VIA'( X = S.F. D. Sidewalk. X = ··~ S.F.- PROPOSE:() WAI.. X = S.F. E. Patio/Deck X = s0rq s.F.-PROPOS-f'I) u:c.1, X = 30 S.F' 'S.1l-lAl-~ Bea Ofc F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. 4170 -roTAL P12orosc:·o G. Retaining X = S.F.-1--1A1'21JCOv£"<< Walls ,l H. Other X = S.F~~ -, TOTAL HARDCOVER IN ZONE 4 I C,o · S.F. A TOTAL PROPERTY AREA IN ZONE 13 I OLf-$.F. B A .t/ I 'Io + B I 1 I0:1: X 100 = 3'1.'77 % ; pl--t\L \;/µ<PPt.E f··~ RLS -/:t l3l/ -... z3 ... ,o ~4CT4 HARDCOVER CALCULATION ~HEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500 ' 500-1000' EXISTING HARDCOVER IN ZONE \fv'A\-1-/001~CfQ H~e r? .. b A. X = S.F, -~"f~Vl-iVa!i;' Ir Length Width OR1v£WAY lStA, X = ;; S.F.-STA-IRVv'A\' 11,1 lS 1 X = s.F.~ e1m.oeR, ~'ftf1'~~ 457 +ilt\h.Jt..1)€'/< IN 1$1.,,.~i'JO B. Garage L-2, 4 X "Zo,4= -S.F.-q-Ai<AGrE C. Driveway X = 4-357 S.F.-0RIVl:'vlAY X = 'hl3 S.F.-CONC, AP'ROr-t D. Sidewalk X = S.F. X = 1.q S.F. -RoctL lrv'4L)i E .. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other 2.. \ . w UfJQ B Qi-:OE5' i2. X = S.F. "'N~ S'f(tr~ T TOTAL HARDCOVER IN ZONE 5077 S.F. A TOTAL PROPERTY AREA IN ZONE 13. ~%& S.F. B A so77 B Ft, Bi.9 X 100 ' 36.72-+ = % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway -413 ORtvfW/.JY X = 8.F.-1~!$MOVG.0 X = S.F. D. Sidewalk. X = S.F. X = S.F. E. Patio/Deck X = S.F. 0 X = S.F.O. z c::, ..-0 w C) F. Landscape X = S.F.> C'-.J ~ Underlain X = S.F.[j Cf") 0 N LL By Plastic X = S.F.O :z 0 w ::) ~ G. Retaining S.F.0:: ~ X = Walls 0 H. Other X = S.F. TOTAL HARDCOVER IN ZONE L\-tot · S.F. A TOTAL PROPERTY AREA IN ZONE 13,,£l2-~ $.F. B A 4604 + B ts, f32.8 X 100 = 31, 'li % PC Exhibit F 233 5 High way 36 W St. Paul , MN 55113 Tel 65 1-636-4 600 Fax 651 -636 -1311 www.bone stroo .com July 6, 2010 Melanie Curtis -#-eonestroo Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3095 Casco Point Road File No. 000139-10000-1 File No. 10-3479 Dear Melanie: We have reviewed the plans for the proposed new home construction at 3095 Casco Point Road. The site plan is dated 6-23-10 and the house plan is dated 6-21 -10. We have the following comments with regards to engineering matters: • The site plan appears to have minimal proposed grading. Areas of the existing lot and home drain north across the property line. This project as proposed will increase hard cover in areas draining to the neighboring property. Runoff should be managed on the owner's property to the right of way or lake to the extent possible. At a minimum, stormwater calculations must be submitted showing the proposed project does not increase the runoff to a neighboring property. • The house plan shows a walkout elevation of 940.0 which is two feet below grade on the site plan. The plans should be clarified or coordinated and resubmitted for review. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financ ial security should be required of the owner for this permit. If you have any questions, please call me at (651) 604-4894 or send an email to darren.amundsen@bonestroo.com . Sincerely, Darren Amundsen Cc: Tom Kellogg RUN DATE: 6/17/2010 38 20-117-23 34 0005 PHILLIPS WH IPPLE 3095 CASCO POINT RD PH ILLIPS WHIPPLE 3095 CASCO POINT RD WAYZATAMN 5539 1 38 20-11 7-23 34 00 11 JAM IE A RI SIC & KER I A RISIC 3065 CASCO POINT RD JAMIE A RISIC & KERI A RISIC 3065 CASCO POINT RD WAYZATA MN 5539 1 38 20-1 17-23 34 0018 JOHN P & EVY C DENNIS TRUST 3055 CASCO POINT RD JOHN & EVY DENN IS 3055 CASCO POINT RD WAYZATA MN 55391 38 20-11 7-2343 003 1 THE CASCO CO 38 ADDRESS UNASS IGNED CITY OF ORONO PARKS PO BOX66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTE ·O DA TE: -----lJ-l--laU ~i\1--i 4-1 -1--7 -42 0=10l--- HENNEP IN COUNTY PROPER TY INFO R MATIO N SYSTEM (PROPER TY OWl'<u<S LIST) 38 20-1 I 7-23 34 0006 KE RICHEY & SJ RICHEY 3105 CASCO POINT RD KENT E & SUSAN J RICHEY 3 I 05 CASCO PT RD ORONO MN 5539 I 38 20-11 7-23 3400 12 R A KASTENS & B C KASTENS 3045 CASCO POINT RD RICHARD A/BARBARA C KASTENS 3045 CASCO POINT _RD WAYZATA MN 5539 1 38 20-11 7-23 34 002 1 RG & PA DUDLEY 3 I 25 CASCO CIR RONALD G & PATRICIA A DUDLEY 3 125 CASCO CIRCLE SO WAYZATA MN 55391 38 20-117-23 43 0049 L&J BRUSTAD 3309 CASCO CIR LAWRENCE L BRUSTAD 3309 CASCO CIRCLE WAYZATAMN 5539 1 ON OF INFORMATION 38 20-11 7-23 34 00 10 CHERYL CORYEA 3085 CASCO PO INT RD CHERYL CORYEA 3085 CASCO PO INT RD WAYZATA MN 55391 -38 20-11 7-23 34 00 17 DORIS MOLITOR-WATERS 3061 CASCO PO INT RD TODD WATERS 306 1 CASCO POINT RD WAYZATAMN 5539 1 38 20-11 7-23 34 0022 FREDERICK C PETERS 3 I 27 CASCO CIR FREDERICK C PETERS 3 I 27 CASCO CIR WAYZATA MN 5539 1 ' pc Exhibit G RECEIVED JUN 2 3 20-·~ C IT Y OF ORO NO #3479 H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 20-117-23-34 For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis. info@co. hennepin. mn. us Map Comments: \ ( I Print Date: 6/17/2010 Map Scale: 1" = 190' Buffer Size: 150 feet (II ( ) 7) Map Legend : Water Parl< P,ucel PC Exhibit H 20-117-23-13 (28) (27 ) Major Roads Minor Roads II -Type Comments. Here -[=:J Buffer Region Selected Parcels ,,--4~, RECEIVED JUN 2 3 2010 CITY OF ORONO #3479 l CITY OF ORONO PO BOX66 CRYSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED 38 20-117-23 34 0010 CHERYL CORYEA .S:S:3 OE "l. 00 07/14/:l.O l1l,l,,l1l,,,ll,1,l,l11ll.ll111ll1111ll111ll111ll.,1ll1,l1,l1l #10-3479 ) CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #10-3479, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 1 ih day of July, 2010. Lfkunu~ ~ Monica Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, July 19, 2010, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests : 10-3467 Steven Schussler and Sunhi Ryan, 1935 Concordia Avenue , LR-1C zoning district, request a variance to have hardcover in excess of the allowed 25 percent in the 75 to 250 foot zone in order to construct an attached garage . 10-3471 Woodhill Senior Cottages of Navarre, 2525 & 2545 Shadywood Road, B-4 Office and Professional Business zoning district, requests conditional use permit and site plan approval for a 24 bed memory care facility. The site plan includes a variance to place the building 25 feet from the northwest side lot line adjacent to the property at 2477 Shadywood Road when a 35 foot setback is required. The applicant also requests approval of a plat to consolidate the three existing lots that comprise the site into one lot and to vacate the drainage and utility easements associated with these lots. 10-3476 David Netjes, 550 East Long Lake Road, RR-1 B zoning district, requests a conditional use permit for re-grading of the property to prevent erosion onto East Long Lake Road and to provide level areas for a sport court and a water cistern for fire protection. 10-3477 John Roedel , 4725 North Shore Drive, LR-1 B zoning district, requests a variance to allow 43.4% hardcover within the 75'-250' zone where 41 % currently exists and 25% is normally allowed in order to construct a 192 square foot patio. 10-3479 Phillip Whipple, 3095 Casco Point Road , LR-1C zoning district, requests lot width and 75'-250' and 250 '-500' zone hardcover variances in order to construct a new residence on the property as follows: lot width of 60 feet at the OHWI and 65 feet at the 75' setback where 100 feet is required ; 31.9% hardcover within the 75'-250 ' zone where 25% is normally allowed ; and 33 .2% hardcover in the 250 '-500' zone where 30% is normally allowed. 10-3480 Welsh Senior Housing, 875 Wayzata Boulevard West, RR-1 B zoning district, requests the following : RPUD Master Development Plan and CUP approval in order to construct a 55-unit , 46 ,349 total square foot , senior living facility ; a Comprehensive Plan Amendment to allow a building footprint of 25,814 square feet where a 20 ,000 square foot building footprint is allowed; and a re-zoning of the property from RR-1 B to RPUD multi-family. 10-3481 Nicholas and Jodeen Kozlak, 1635 Sohns Point Road, RR-1 B zoning district, request renewal of the variances granted under 09-3417 to allow reconstruction of the existing home's first level including a higher ceiling, a gabled roof with living space and within 75' of the OHWL of Lake Minnetonka where a 75' structural setback must be met; reconstruction of the existing home's first level including a higher ceiling, a gabled roof with living space; and a garage addition with living space above ahead of the average lakeshore setback. Also granted under 09-3417 and requested for renewal are the variances to allow 25.47% hardcover within the 0- 75' setback zone where 0% is allowed and 24.64% currently exists; and 32.5% hardcover within the 75'-250' setback zone where 25% is normally allowed and 34.8% currently exists in conjunction with additions to the existing home. All persons wishing to be heard are encouraged to attend this meeting. This is not a final or complete agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by, July 14, 2010, if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. To be published in the Sun Sailor on July 8, 2010. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 City of Orono Planning Commission By~ l~ Planning & Zoning Coordinator RUN DATE: 6/17/2010 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: I 38 20-117-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0011 JAMIE A RISJC & KERI A RISJC 3065 CASCO POINT RD JAMIE A RISJC & KERI A RISJC 3065 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0018 JOHN P & EVY C DENNIS TRUST 3055 CASCO POINT RD JOHN & EVY DENNIS 3055 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS POBOX66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTE AS IT APPEARS THIS DATE ON THE R · 0 DATE: JUN 1? 2010 38 20-117-23 34 0006 KE RICHEY & SJ RICHEY 3 I 05 CASCO POINT RD KENT E & SUSAN J RICHEY 3105 CASCO PT RD ORONO MN 55391 38 20-117-23 34 0012 RA KASTENS & B C KASTENS 3045 CASCO POINT RD 38 20-117-23 34 0010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0017 DORIS MOLITOR-WATERS 3061 CASCO POINT RD RICHARD A/BARBARA C KASTENS TODD WATERS 3045 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0021 RG & PA DUDLEY 3125 CASCO CIR 3061 CASCO POINT RD WAYZATAMN 55391 RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO 38 20-117-23 34 0022 FREDERICK C PETERS 3127 CASCO CIR FREDERICK C PETERS 3127 CASCO CIR WAYZATAMN 55391 WAYZATA MN 55391 38 20-117-23 43 0049 L&JBRUSTAD 3309 CASCO CIR LAWRENCE L BRUST AD 3309 CASCO CIRCLE WAYZATA MN 55391 RECEIVED JUN 2 3 ?W·~ CITY OF ORONO #347 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Plymouth, Wayzata, Orono Sun-Sailor and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualifica tion as a qualified newspaper as provid ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended . (B) The printed public notice that is attached was published in said newspaper(s) once each week , for~ successive week(s); it was first published on Thurs day, the _8_ day of July , 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of _______ , 201 O; and printed below is a copy of the lower case alpha bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: City of Orono (Official Publication) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax {952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chamber s at 2780 Kelley Parkway on Monday, July 19, 2010, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests: 10-3 467 Steven Schussler and Sunhi Ryan, 1935 Con cordia Avenue, LR-1 C zoning district , request a variance to have hardcover in excess of the allowed 25 percent in the 75 to 250 foot zone in order to construct an attached garage. 10-3471 Woodhill Senior Cottages of Navarre, 2525 & 2545 Shadywood Road , 8-4 Office and Profess ional Business zoning district, requests conditional use permit and site plan approval for a 24 bed memory care facility. The site plan includes a variance to place the building 25 feet from the northwest side lot line adjacent to the prop erty at 2477 Shadywood Road when a 35 foot setback is required . The applicant also requests approval of a plat to consolidate the three existing lots that comp ri se the site into one lot and to vacate the drainage and utility ease ments associated with these lots . HJ -3476 Davia Netjes, 550 East Long Lake Road , RR-1 B zoning district, requests a conditional use permit for re grading of the property to prevent erosion onto East Long Lake Road and to provide level areas for a sport court and a water cistern for fire protection . 10-3477 John Roedel, 4725 North Shore Drive, LR -18 zoning district , requests a variance to allow 43.4% hard cover within the 75'-250' zone where 41 % currently exists and 25% is normally allowed in order to construct a 192 square foot patio. 10-3479 Ph illip Whipple , 3095 Casco Point Road , LR-1C zo ning d istrict , re quests lot width and 75'-250' and 250'- 500' zo ne hardcover variances in order to construct a new residence on the property as follows : lot width of 60 feet at the OHWI and 65 feet at the 75 ' setback where 100 feet is required; 31.9% hardcover within the 75'-250' zone where 25% is normally allowed; and 33.2% hardcover in the 250'-500' zone where 30% is normally allowed. 10-3480 Welsh Senior Housing, 875 Wayzata Boule vard West, RR-1B zoning district, requests the following : RPUD Master Development Plan and CUP approval in order to construct a 55-unit, 46,349 total square foot , se nior living facility; a Comprehensive Plan Amendm ent to "klmnopqrstuvwxyz allow a building footprint of 25,814 square feet where a 20,000 square foot building footprint is allowed; and a re zoning of the property from RR-1 B to RPUD multi-family. /./., 10-3481 Nicholas and Jodeen Kozlak, 1635 Bohns Point Road, RR-1 B zoning district, request renewal of the vari-~ J~_e existing home's first leve l including a higher ceiling, a ,· ances granted under 09-3417 to allow reconstruction of Subscribed and sworn to or affirmed before me on this _8_ day of July , 2010 . Notary Public ,-/ ·, : -. DIANE l ELIASON '. ~ A,._~ NOT/\RY PUnLIC -MINMESOTA '·fla';,,,~--:~ r·.ly Co111111. Expires Jn11. 3f. 20 15 gabled roof with living space and within 75' of the OHWL of Lake Minnetonka where a 75' structural setback must be met; reconstruction of the existing home 's first level in- cluding a higher ceiling, a gabled roof with living space; and a garage addition with living space above ahead of the average lakeshore setback. Also granted under 09- 3417 and requested for renewal are the variances to allow 25.47% hardcover within the 0-75' setback zone where 0% is allowed and 24.64% currently exists; and 32.5% hardcover within the 75'-250' setback zone where 25% is normally allowed and 34 .8% currently exists in conjunc tion with additions to the existing home . All persons wishing to be hea rd are encouraged to attend this meeting . This is not a final or complete agenda and is subject to change prior to the hearing. Written com ments are accepted and should be submitted to the City of Orono by, July 14, 2010, if possible. Interested persons may review the application at City offices. For an ap pointment , please call (952) 249-4620. City of Orono Planning Commission By: Melanie Curtis Planning & Zoning Coordinator (July 8, 2010) A2 July 19 Planning Comm. Mtg CITY of ORONO 29 June 2010 Phillip Whipple 3095 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #10-3479 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a variance for property located at 3095 Casco Point Road. Our preliminary review indicates that your application appears to be complete. City Engineer comments on the submitted plans will follow. Your application is scheduled to appear before the Planning Commission on Monday, July 19, 2010. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Oro,no , Melanie Curtis Planning & Zoning Coordinator c: Mike Sharratt via email Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Melanie Curtis From: Evelyn M. Turner Sent: To: Monday, June 28, 2010 11 :06 AM Melanie Curtis Subject: FW: Whipple hardcover From: Mark [mailto: markg@gronbergassoc.com] Sent: Friday, June 25, 2010 3:56 PM To: Evelyn M. Turner Subject: Whipple hardcover Evelyn: Please use the hardcover sheets we turned in with the drawings. These are the ones with both existing and proposed hardcover on the same sheet and in the 75-250 foot zone the existing was 32.00 % and the proposed was 31.97 %. Kerri from Sharrat dropped off an earlier version with a little less existing hardcover which is incorrect since it did not include a small rock area . 1 Date: To: From: June 24, 201 0 Tom Kellogg Melanie Curtistet City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Subject: Review of Grading Plan 10-3479 Phillip Whipple 3095 Casco Point Road -Variances to build replacement house Please review the enclosed grading plan. This is scheduled for the July 19 Planning Commission meeting. Please respond by July 6, 2010 CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN : 3095 CASCO POINT RD : 20-117-23-34-0005 LEGALDESC : REG. LAND SURVEY NO. 1311 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE -TIED TO BUILDING PERMIT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -TIED TO BUILDING PERMIT NOTE: ESCROW FEE FOR NEW HOME BUILDING PERMIT -NOT ISSUED YET ESCROW PAID WICK #2100 ON 6/23/10 BY APPLICANT APPLICANT WHIPPLE, PHILLIP 3095 CASCO PT RD WAYZATA, MN 55391- WHIPPLE, PHILLIP 3095 CASCO PT RD WAYZATA, MN 55391- OWNER AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. I I Applicant Permitee Signature Date ESCROW FEE -BUILDING Issued By Signature PERMIT NO.: 2010-00518 DATE ISSUED: 06/23/2010 TOTAL 2,500.00 2,500.00 I I Date SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. APPLICATION ESCROW AGREEMEN\0 Zoning Application#~ -3 '-/ CL . rd - AGREEMENT made this iJ3-day of Ju..f'l e.. , 20 / 0, by anp between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Phi/ l ff (, \to t'f'IJL>4 {a corporation-optionaij ("Applicant'). Recitals 1 _. A · n # / 0 -B '-/ ]:C, formally requesting the .city to review plans for -:-:::--::!::-=="-','r-f;..._=:=~""'F-->-'"'i'-"-:fr---r---:--,.----±---:-::::~.----==::::-::::;:-:--- located at __ .._· "-"""c+-"...._-=..c.:::......==--.......:=:..i.: ...... __,~......_.~r-->,=,.;==1~.,;;;;,1.;;..,=-+-'-...:..,. ...... --=::;...,'---"-1-'----- the "Subject Prop 2. AP.plicant requests the City to review said plans which requires City approval including ___ _ 1r1 AC/ 0::i:'.2 c.e. Si · 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit $'21.SoD~i6, with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Applicant, reviewing the plans, and preparing agenda packet material for City Council review of application #__LL)_ -3 '{ z:£ . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a oning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. Its: ____________ _ -10 - EXHIBIT "A" LEGAL DESCRIPTION Tract A. Registered Land Survey No. 1311, files of Registrar of Titles, Hennepin County, Minnesota. -12 - 4 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 3'.kPYG,esuc) ~~. [print address] · ..ti~~e~79nJh~nP~~ for the proposed improvement or proposed use of the property located· at .5 V"t<;J l.CISO'W~Uf~~also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the r rty or use but merely to confirm for the City Council that I (we) am (are) aware of the improvem t pla hat e proposed neighbor's project or use requires Council approval. Property Owner Date 1 (we) _____________ of ___________ _ [print name(s)] [print address] ~viewed the plans for the proposed improvement or proposed use of the property located at C.f:$Co f-r \2'.p also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to deciare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. {!if; I{ !?t&/1 PrpertyOwner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Last Updated: 5/21/2009 -9 - 34