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HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Kathy Alexander 401 East Lake Street Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: May 29, 2007 ZONING FILE 07-3262 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 4, 2007 COPIES: James & Corrine Beck 5152 Belmont Ave S Minneapolis, MN 55419 VOTE: 5 FOR 0 AGAINST Motion: To approve the application per the Resolution as drafted. 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 call Melanie Curtis, City Planner, at 952.249.4627. PUBLIC COMMENTS MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 29, 2007 7:00 o'clock p.m. Dave Runkle , 2684 Casco Point, addressed the City Council regarding the demolition of a house in their neighborhood approximately one year ago and the removal of a number of trees along with the demolition . Runkle stated there remains a deep hole where the house once stood and that it really should be filled in. White stated he has also observed that problem and concurred that it should be filled in. White noted the area is not fenced off either. Mattick noted the City can use a statutory process for requiring the hole to be filled in and that a hazardous building action similar to Item No: 16 on tonight's agenda can be prepared for the next council meeting. .... ZONING ADMINISTRATOR'S REPORT *3. #06-3216 JOHN HOLM AND SUSAN KERBER, 1485 BAY RIDGE ROAD-RENEW AL VARIANCE -RESOLUTION NO. 5618 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5618, a Resolution Granting Variances for the property located at 1485 Bay Ridge Road. VOTE: Ayes 5, Nays 0. *4. #06-3225 875 WBW LLC, DAVID CARLSON, 875 WAYZATA BOULEVARD WEST- CONCEPT PLAN AND PRELIMINARY PLAT APPROVAL-RESOLUTION NO. 5619 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5619, a Resolution Approving the General Concept Plan and Granting Preliminary Plat Approval for Property Located at 875 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. *5. #07-3251 MANDEEP & LEISA SODID, 4080 DAHL ROAD -VARIANCES - RESOLUTION NO. 5620 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5620, a Resolution Granting a Variance for the property located at 4080 Dahl Road. VOTE: Ayes 5, Nays 0. * #07-3262 JAMES AND CORRINE BECK, 3820 CHERRY A VENUE -VARIAN CE - RESOLUTION NO. 5621 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5621, a Resolution Granting Variances for the property located at 3820 Cherry Avenue. VOTE: Ayes 5, Nays 0. PAGE2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. (#07-3259 Lake Country Builders, Continued) Smolek stated there is a gazebo which will be removed as well as some other hardcover that will be reduced near the pool. Smolek stated the hardcover around the pool is rather minimal except for one area which functions as a gathering area. McMillan moved, Rahn seconded, Application #0-3259 Lake Country Builders for Kathy and Gary Gangstee, 1374 Rest Point Road, to direct Staff to draft an approval resolution granting a lot area variance, a hardcover variance, a side setback variance, and a variance to Section 78-1432. VOTE: Ayes 4, Nays 1, Murphy Opposed. Murphy stated he would like to see some further hardcover reductions around the pool. 10. #07-3262 JAMES & CORRINE BECK, 3820 CHERRY A VENUE -VARIAN CE Kathryn Alexander, Architect, and James Beck, Applicant, were present. Curtis stated the applicants are requesting the following variances: 1. A lake setback of 41.3 feet (for the house) and 29 feet (for the deck) where 75 feet is normally required; 2. A side setback variance to allow a five foot side yard setback where a 10 foot setback is normally required and five feet currently exists; 3. Hardcover variances to allow 16. 8 percent hardcover within the 0-75 foot zone where 0 percent is normally allowed and to allow 25 percent within the 75-250 foot zone where 25 percent is normally allowed and 27.3 percent currently exists. The 0-75 foot zone and the 75-250 foot zone have not been adjusted to reflect the additional lakeshore along the eastern/wetland lot line. 4. A height variance is required as the lowest level is by definition the first story and this is a three story house where only 2 ½ stories are allowed. The Planning Commission heard this application on March 19 th and at that time directed the applicants to revise their plan. Their direction to the applicants was to reduce the overall height of the home, specifically within the 75 foot lake setback area; remove the second story encroachment into the substandard side setback; and explore the wetland buffer possibilities. The Planning Commission voted 3-2 on April 16th to recommend approval of the revised request. The two dissenting commissioners wanted a further reduction in the massing. The applicants' proposed plan reflects technically a three-story home. While Staff continues to maintain that the home should meet the two and a half story maximum, the applicants did address the issues the Planning Commission outlined at the March meeting. fu an effort to maintain consistent hardcover accounting, the applicants should be required to submit revised hardcover calculations prior to final Council review. The revised calculations should reflect the accurate 0-75 foot and 75-250 foot setback zones from the 929.4 foot OHWL elevation. PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. (#07-3262 James and Corrine Beck, Continued) Alexander stated according to the City's code, habitable rooms need to be seven feet high in order to be considered habitable. McMillan commented she could see this as being a possible exception to the City's newly adopted ordinance limiting the number of stories. Alexander stated the existing house is technically a three-story house but that she would argue that it should only be considered a two-story house given the height of the basement and the fact that the basement remains unfinished. Alexander stated there are certain integral parts of the house that the owners would like to retain but that the house is in need of some improvements. Alexander noted a structural engineer has found the house to be very structurally sound. Rahn asked if the lakeside deck would have a roof over it under the new plans. Alexander stated the roof over the deck currently exists and that the other decks also currently exist. White inquired how old the existing structure is. Beck stated the original structure was constructed in 1915. Bremer stated in her view this is a hardship lot and that there is a small buildable area available. Bremer indicated she has a concern with the house located to the west and the height of this structure given the fact that the neighboring house is a rambler. Curtis stated the distance between the two houses is 50 feet. Alexander stated the height of the proposed addition is approximately two to three feet higher than what currently exists. Rahn moved, McMillan seconded, Application #07-3262, Kathy Alexander on behalf of James and Corrine Beck, 3820 Cherry Avenue, to direct Staff to draft a resolution approving a lake setback variance of 41.3 feet, a five foot side setback variance, hardcover variances, and a height variance. VOTE: Ayes 4, Nays 1, Bremer opposed. Bremer stated she would like to see the structure remain at two and a half stories. Alexander pointed out there are two foot overhangs on the existing structure and asked whether those could remain. Gaf:fron stated the allowed encroachment in the 0-75 foot setback is 1.5 feet. Gaffron recommended that item be addressed in the resolution. Rahn moved, McMillan seconded, to amend his motion to allow the two-foot overhang everywhere except where it parallels the five-foot setback. VOTE: Ayes 4, Nays 1, Bremer opposed. PAGE 13 Date Application Received: 01-16-07 Date Application Considered as Complete: 02-01-07 60-Day Review Period Extension Expires: 05-29-07 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis A /1 V Title: City Planner JV l Item Description: Date: 22 May 2007 Item No. l,_p Agenda Section: #07-3262 -Kathy Alexander on behalf of James & Corrine Beck-3820 Cherry Ave -Resolution Zoning District: Lot Area: Width: List of Exhibits: LR-lC, One Family Lakeshore Residential,½ acre/100' 25,793 s.f. (0.59 acre) 149'@OHWL 90'@ the street Undefined at the 75' setback due to the wetland Exhibit A -Resolution Exhibit B -Revised Hardcover Calculations Exhibit C -Council Action Notice dated May 15, 2007 Application Summary: This application was heard at your May 14th meeting. At that time the Council on a vote of 4-1 approved the variances as requested (as revised). Attached is an approval Resolution for your review. Planning Commission Recommendation This application was first heard by the Planning Commission on March 19th and at that time the Planning Commission discussed all of the aspects of the request and directed the applicants to revise their plan . Their direction to the applicants was to reduce the overall height of the home , specifically within the 75' lake setback area; remove the 2nd story encroachment into the substandard side setback; and explore the wetland buffer possibilities . The applicants responded with a revised proposal. On April 161 \ Planning Commission voted 3 -2 to recommend approval of the revised request. The two dissenting Commissioners were not satisfied with the applicants' answer to reducing the home's mass so close to the lake. Planning Staff Recommendation The applicants have submitted the revised hardcover calculations which were requested. Staff recommends approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1279 and 78-1288 FILE NO. 07-3262 WHEREAS, James W. Beck and Corrine Beck, husband and wife (hereinafter "the applicants") are the owners of the property located at 3 820 Cherry A venue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 3, 4, and 5, Crystal Bay View, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-350 and 78-1279 to allow portions of additions to the existing home to encroach 5' into the 10' side setback and into the 75' lake setback; and overhangs of 2.0' on the entire house (except for the portion encroaching 5' in to the side setback); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow the existing defined 3 story home to be remodeled so that it will remain a 3 story house; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 17 .1 % (3,773 s.f.) hardcover within the 0-75' zone where 16.1 % (3,559 s.f.) currently exists and 0% is normally allowed; and 45.5% (1,689 s.f.) within the 75' 250' zone where 63.4% (2,351 s.f.) currently exists and 25% is normally allowed in order to construct additions to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3262. 2. The property is located in the LR-1 C Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. Page 1 of 5 3. The Planning Commission reviewed this application at a public hearing held on April 16, 2007 and recommended. approval of variances based on the following findings: a. The property contains 25,793 s.f. in total area and has 149' in width at the OHWL and 90' in width at the street and undefined at the 75' setback due to the wetland boundary. b. The lot is substandard in area and a residence has existed on the property for many years. c. The shape of the buildable area, due to the lake and wetland setbacks, is very limited. There is no additional land available to bring the lot width or lot area into conformity. d. The hardcover variances as requested are in line with the levels of hardcover variances approved on rebuild applications with similar lot conditions. The proposed residence meets the structural lot coverage limitation of 15%. e. The proposed addition will not encroach further into the nonconforming setback areas; the expanded footprint is in a conforming location. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDERAND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-350 and 78-1279 to .allow portions of additions to the existing home to encroach 5' into the 10' side setback and into the 75' lake setback; and overhangs of 2.0' on the entire house (except for the portion encroaching 5' in to the side setback); and a variance to Orono Municipal Zoning Code Section 78-350 to allow the existing defined 3 story home to be remodeled so that it will remain a 3 story house; and variances to Orono Municipal Zoning Code Section 78-1288 to allow 17.1 % (3,773 s.f.) hardcover within the 0-75' zone where 16.1 % (3,559 s.f.) currently exists and 0% is normally allowed; and 45.5% (1,689 s.f.) within the 75' -250' zone where 63.4% (2,351 s.f.) currently exists and 25% is normally allowed in order to construct additions to the existing home, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as 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. Hardcover in the 0:-75' zone shall not increase above the level of 3,773 s.f. or 17.1%. Hardcover in the 75-250' zone shall be limited to 1,689 s.f. or 45.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. While the home is proposed to have 2' roof overhangs; on the portion of the home which encroaches 5' into the required 10' side setback, the roof overhangs shall not exceed 18". 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the addition. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new Page 3 of 5 construction within one year of the date of Council approval, or the variance will expire on that date (May 29, 2008). 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. 8. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 29th day of May, 2007. ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTY OFHENNEPIN James M. White, Mayor The foregoing instrument was acknowledged before me on this _ day of ___ _ 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ___ _ 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2007 by James W. Beck, husband of Corrine Beck. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2007 by Corrine Beck, wife of James W. Beck. Notary Public Page 5 of 5 J 061236 8/117/23 BECK,J!M ADVANCE SURVEYING & ENGINEERING CO. 5)00 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 SURVEYFOR: JIM BECI( SURVEYED: November 8. 2006 DRAFTED: November 9, 2006 REVISED: November 15, 2006 to change the dwelling designation. REVISED: January IO. 2007 to show correct building dimensions and the proposed addition REVISED: January 11, 2007 to show buffer zone and new steps. REVISED: January l5, 2007 to show changes of the proposed addition, LEGAL DESCRIPTION: Lots 3, 4 and 5, Block 3, Crystal Bay View, Hennepin County, Minnesota. Ll~IITATlONS & NOTES: I. Showing the len1:,rth and direction of boundary lines of the above legal description. The scope of our services does !.!..Q!. include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsd, if necessary, to make sure that it is correct, and that any malters of record, such as easements, tha1 you wish shown on the survey, have been shown 2. Showing the location of existing improvements we deemed impo11ant. 3 Setting new monuments or veril)1ing old monuments to mark the comers of the property 4. Showing elevations and contours to show the topography of the site. The elevations shown relate only 10 the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. \Vhile we show proposed improvements to your property, we not as familiar \\ith your pl.ms as you are nor are we as familiar with the requirements of governmental agencies as their l"mployees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such govemmental agencies as may have jurisdiction over your project to gain their approvals. if you can. 6. We were unable to located the exisling well at the time of the survey. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes l/2" ID pipe .with plastic plug bearing State License Number 9235, set, unless 01herwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision .1nd that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. ~oo,o, }I QrlQiao am ~ Js H. Parker PE. & P.S. No. 9235 X928.3 ~ "' ><j GRAPHIC SCALE k.~ ~ r ti. 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VA~ll!ia.£ emYra& MK PAID i: ............, ... ~"i ..... ..... -i.,., .,.,,. ~---------.--------~ ~ JI I! :: :1 i !l 1! "'~J~ :, I.d Ii ~ --1 l • .J _,_L hl; I', --------·--I I I i ~ jt' q T IUt __ ,._. / l1_ ~ I -' ; : T~~----I :112 ~ [: ' C 0 i -·-• /I ,._ 11'. L----- !.. l : _/, 111 t. C ,; -,= I ◄ -I I -· ,.> I ~ " L~ :; II 7. < = ,, .•. ? ,, ,.. ~ : ..., -~- ,----1.- ~ ,, I ... \\ Ii p LL:.-..,1 I -ft I I r'\ 4:::-i, <i ~ ·~:mt I n~ ~ I I i~j lr ~ ' I ... ,. ~ ,: I i I ·~" ---1-11~ ; tr° -r... ~rni1iJ i "---r1 i-I : I I 11/i I 1 /""-.I' l I ( ! ---------------:!i ] l) II l ~ I • L.( i .! ~ I ~~ , .. , i ..... )' - ,....,--l 1:1,Nf I l I )-. ; I ., ·-~ ---/ ,. ; ,I -,=· --::.-:-,11,. .... \1 -· ~--; .) Ma~ 18 07 12:55p :lOO'/-May-lY 00: 10 .l\M Kath~ Alexander Advance surveying 952-473-8222 Y:)G401 U'/::> ADVANCE SURVEYING & ENGINEERING CO. Hardcover at Cherry Lane Revised 1-11-07 to show additlonal steps. Revised 1-15-07 to show changes to addition. Revised 2-16-07 Revised 5-4-07 to remove addltlonal driveway Revised $-18-07 to adjust according to City ZONE AREA IN ZONE SQUARE FEET ALLOWABLE HC TOTAL HC EXISTING TOTAL HC AFTER PROPOSAL UNDER OR (OVER} 0-75 22084 0 3559 3773 (3773) 75-250 3709 927 2351 1689 (762) 250-500 0 0 0 D 0 500-1000 0 0 0 0 0 Attached are city worksheets tor each zone, please review your survey and these worksheets with the city to be sure they agree that the items snown as hardcover are indeect nardcover under tneir interpretaion ot their ordinances. TOTAL 25793 927 5910 5462 -4535 I hereby certify that this report was prepared by me or Ullder my direct ,upervision and that I am a licensed Professional surveyor and Professional Engineer under the laws of the State of Mimlesota. James H. Parker P.B. = P.S. No. 9235 p.2 l/:; Ma~ 18 07 12:55p 2007-May-19 00:10 AM Kath~ Alexander Advance Surveying SBTBACK ZONJ!:1 (CIRCLE ONE) 0~1s•I EXISTING HARDCOVBR IN ZONE A. House X ~ ... ,t .. X X X B. Landscape Rock X C. Driveway X D. l'at:io/Deck X X E. Conc.Pat.io X X F. Landscape X Unde:rlain X By Plaetic X G. Other Stone Walk X TOTAL HA:RDCOVBR IN ZONE TOTAL PROPERTY AREA IN ZONE A 3559 .,. B PROPOSED HAJUlCOVER IN ZONE: A. House X Le:D9th 3 . Landecape Rock C. Driveway D. Concrete :s . Pat i o/Deck F. Lalltisca.pe underlain By Plastic G. Other Stone Walk TOTAL HARDCOVER IN ZONE RECEIVED TOTAL PROPERTY AREA IN ZONE A 3TT3 + B MAY t 8 2007 CITY OF ORONO 952-473-8222 9524011375 75-250 ' :ZS0-500' 5D0-1000' 1395 'lidtb: 1546 ... :: 569 = 29 3559 22084 22084 100 .. 16.1 1501 Hl.dtb 1457 226 569 0 3773 22084 · 22084 100 = 17 .1 S.F. S .F . S .F. S.F. S .F. S.F. S,F . S.F. S .F. S .F. S .F. S.F. S.F . S.F. S.F. A S.F . B " S.F. S.F. S.F. S.F. S .F. S .F. S.F , S.F . S .F . S.F. S.F. S.F. S.F. S.F. S.F. A S .F . B % p.3 213 Ma~ 18 07 12:55p 2007-May-19 00:11 AM Kath~ Alexander Advance Surveying 952-473-8222 9524011375 SETBACK ZONB: {CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House o -1s , .1 __ 1_s_-_2_s_o _• _. 250-SOO' soo-1O00• B, Landscap=-e....;R;;;.;oc...:ccck'--__ _ c. Driveway Gravel Driveway D. Sidewalk ------- E. ?atio/Dec..;.k _____ _ F. Retaining_i.._•a_l_l ____ _ G. Ot:her Stone Walk X X X X X X X ,c X )C X X X X TOTAL HJ\RDCOVER IN ZONE TOTAL PROPBRTY 1\REA IN ZONE A _____ 23 ____ 5-"-1 -,. B PROPOSED HARDCOVER IN ZONE A. House B. Landscap..;.e_R_o_c_k ___ _ c. Driveway Gravel Driveway D. Sidewalk ______ _ z. Patio F. .Ret:aining_W_a_l_l_· ___ _ G. Other 541 llidth 1151 565 -6D 34 2351 3709 63.4 3709 100 ______ ___;;;_; 1009 l<idt:l\ 487 146 47 S.F. S.F. S.F . S.F. S .F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F . B ,. S,F. .S,F. S.'P. S.F. S.P. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER lN ZONE _______ 1_,6,,,,8.,,.9~. S .F. A TOTAL PROPER.TY AREA IN ZONB ________ 3_70_9_ S .F. B RECEIVED MAY I 8 2007 CITY OF ORONO _____ 1_68_9 + B _____ 3_7_09_100_= _______ 4_5_._5_ % p.4 3/3 ZONING FILE 07-3262 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF COUNCIL ACTION DATE OF NOTICE: May 15, 2007 TO: Kathy Alexander 401 East Lake Street Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: May 14, 2007 COPIES: James & Corrine Beck 5152 Belmont Ave S Minneapolis, MN 55419 VOTE: 4 FOR 1 AGAINST Motion: To approve the application for variances as proposed on the revised plans dated March 26, 2007. Staff was directed to draft an approval resolution for adoption. Revised hardcover calculations -based on the 929.4' elevation along the eastern lot line -are required to be submitted at least one week prior to placement on the City Council agenda. Upcoming Council Meetings: Tuesday, May 29th Monday, June 11 th Monday, June 25 th 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 call Melanie Curtis, City Planner, at 952.249.4627. STATE OF MINNESOTA} ss. COUNTY OF HENNEPIN} ~111'1 newspapers AFFIDAVIT OF PUBLICATION Richard Hendrickson , being duly sworn on an oath, states or affirms that he is the Chief Financial Off icer of the newspaper know n as Sun-Sailor · has full knowledge of the facts stated belo w: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn . Stat. §331 A.02, §331 A.07 , and other applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for ____QlliL_ successive week(s); it was first published on Thursday, the _5_ day of April , 2007 , and was thereafter printed and published on every Thursday to and including Thursday, the __ day of _____ , 2007 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica­ tion of the notice : abcdefghijklmnopqrsluvwxyz BY '~~ Subscribed and sworn to or affi rmed before me on this __ 5_ day of April , 2007 . £L{J 1 ~~~}L__. Not/r-ypu Uc f###l"#"I"'# ~ MARY ANN CARLSON ~ NOTARY PUBLIC -MINNESOTA _-,~:;:'ti;.9,1ii:~¥i\~~~1tt~~ii;r;_;i1,fi';~J~{:,~iil;)t;;i;;;:;r!'.&~J;1~;:;:6~0:r:~~ir~;::~:,J~.2:1i . . .,/-.: ~750 _ K.el_l_ey.l'a~kway,:·~o. Bdic_ 6.6;. /''"'"·.' _ .. \.; , 1c~son, 720:Bi!,l .l~land,. RS zoning d_istrict; requests con .'.;;' ·'. '.'·' , , ;. · .. \'. ,Crystal' Bay,:MN \?5323 •' . : · ·. ,... . i-'· . · · · .. d1\(0f!al . u_se perrrut,app_roval to allow a .second_ accesso,: · .'' .. Phone (952)·249:4600 .Fax.{952) 249-4616 ,.. ·; bu1ld11.19 in .e)(cess of 500 _s.f.. The second accessbl' '/f8~~;:~m~d2~j⇒i!~1tli:w,r)$~~wfa1~;,~~1,£i;h~:t>~:-~}!~i~~:~;:&J!!i~~~~~1~~:~:5i:~f ~f ;~:£;~~~ c, Orono C?_U _n7Ji ·Cfiarnber~:at~7!l_O tS:elleyPar~ay on Mory_' :\'i; et Jrfo., .1348 Rest .i>oii:it.iCircle,. LRs1•B·zoiiirig·disfrict re ,o.day,. Appl_)'!', ,2007, b_e:gmr::r1ng at,6,:PO· ~-rtl',o_n_-th_e,,r:r;i?tt,e!/::\""qt(ests·11:re following variances .to allow construction··~f 1 :;;~t{~~1ffJZ~;.t~t!P;'!?,f4':".,~/'.!~~i ~t ~~~~f~?,;{;',P<f,[~·1,:i,r::r8:vi:Jesiderce;: 'a,li;it area ?.10.33:acre. "'.'hen O',)eacre i, ,'..#0:&-3225-.'; David· .C-atlfofi;.orf.behalf of--875-.WBW-·:-l:!L.C,-,.-:,;,.-:r_eq_u,re_d; .a. lot,,w1c1tJJ ,of .67-:IY.J:l\3re 1_,<10' _1s required; 30~ }:o.wner of:875 :Wlly.zata· Elbiflevan:fWe'st" J :jF,j;1 s .i 6iiih"g ::'l<c'.:hardSO\'.';!r in.If.le 75-25_0' z~ne'where only 25'.'fo-is ,:iormal /_-~~;'il~l·;t~t!~~:µpf~ii;1;rJJ;Att~.~~.r.l!tf~~r.Ri!r~;;~ij$:!6t•;:;f~i~~~::i~: 1 ~~;l!f.~::r:~~:~~iidiT~;l]'r :;, site pl!c!rJ\a,ll<!:P~~IJ.f!!~AafY •.P..lat:.a~ pro.val. for:.}r~f'!":,it}~:,~_;Jf ·t et .lhc.:;:~350 R_~st _Point Circle, t R, ~B-zbning·distrfct,.re :1i:}t:iw!.~%~~~~~:~l ~¼~tiit~t!*iWiJ?li~1i~=;tf~:~~:~;:;:;~;~~'.~7gt~i~!~~eii~::~~~; ;~~;'.~un~i~~1~ 1 / :M_a·i:zari , 2795 l"hea~_amllolid; :t:R:-1 B.zoning:distJ:fct;-re,-'iJ\/•.:~e,quye_~_,}~: Jot w,clt~.,ot 67 :wher~JA_O. ts tequ_lred; '30o/ ''qU\,!sls . ii" corjditi_oryaf u~e· periiiit·.a.iia ."hardcover · .vari_a_rice '\w,,,hard_cqy~r lff~h~ 75:~5_D'.. ZOl'.l~-w_her~_,,gnly 25% _,s_._norro!il . :~:~o~i~~m~ii~~~i;;~~~~~i~;.il;;;Jgt~:i~~tr~~~;~~~~;~;:mg~~~~~;~;f ~;~~~ii~~~~;~j;~ -.,vel9p_rnem·:Group. LJ;:(),,(,940 Nogf:!• A.ri:rl.:D.rlve ,L:R -:,-,,1;8 .:.=•'-::,·.repew;it otsub.o.1v1s1on approvals granted-m,2006 for .a six lti~il~,ii!\tl&fl~li~!i~~~WJ· ,.a~ea,1;j:ofttie.:l;ii;(eragedei~ei\hor,e:.s!l.tl;la<,!<,.l.in,e;:i.-::;''::/';.•c-.<,:,,t·i,,'":,~·•.Ji,~r..re)~m.1ng_~;ilt,_w_lth an.enri,0.e~red,blo_ck .wall :,.The ap -., : :~.:,::,~ ,,;,,,."',f'•(<·'."''·i"•,,,,,,:s,,~:.-i--,;··:''<'-'-"-;,,'.,,·. ,;,;,_,,,}C~-"'",'.'. '!·• ~·:· ,;;j,,it.: ";-;•~,-•; J?l.1cat1~ "e,.~eque~t•rg the., f ol.l_OMIJJ'lg:yar,_1ances; 40 .9%-hard ;f(Qti ~.25§1.' ,:l:aRe'C:O:u.o)iy_Bwlders ;oh behafi of_ l:(atb.y:anp_ ·.·_,.:,:i,:;;,:o,;,er:,1i):Jhe.Jt5' -25_o•.· zone _.where · .4.S, 7%·currently ex.ist iiiifi-~~iiii-filii , #07-3262 ,:-"Ja~e.~,i!OJl:;C,~r,rl_qe;,B,eck,. 3820 Ch~rry Av_-· J t:·\allow,;115;·3o/J .:wtierif:1:5%:structlitar coileraie· is /allow~ :\!jl{f!'81t~-~,11tii1 ·.tl:le/0~75'"•zoi)~-.where:·.11,o/.;-;e)l1sts,_-;!od:..0°/4,r~;norrr;ially'at-'/'qLiests·a Var.,a_n.ce· to allow .29 :78% hardcover In the 75 ' •l"•loweid\:32/t"lo::ttard~ov~r:'in'.th'e'75-g5o_tctoriif.\Yhere!"27.3~/o ·,:,':,;'250'zo_ne::w_her.e 30%j:µriently ·exists .and only 25%"1s nor .. -~,:,\.,.:~~~Ji~1i.:Ri~tt;~~I~i~,;J2l~ifi}~~fira\.!;it~t~:!:1 ti~?:I!R~tf:f~~i~:1X]~~~nt;tt~: /!0J.;~2,66 -~-Vcighe .,JCf:, l:f'op:ie~~ciO?bf_haJLo,f ;:.Karen/all,d: :L\P.C?.1.ot "'oa~,-:~R::-1A zo,:img~_district, }r-_eq½est a _var_ianc, ·Benjan,in Milbrath..;.-1.~.o.~-B_aldur ·.Park Roai:l , ... LR,lC .. zeo-"·; ;.tm·rn .!_he. access'Ory-s\ructur~: separat,on-·requlrSl'.l)ent t, ·;rig district, r,equests ,the :.fcilloY{ir;ig -vatianQes .10:.cci_nstr.uct , ·' co11structano·otdoorliving r.o_om and -storage building.fou a new·house ,,.aJcit..al'eaoto .. 28,a:cr,&where ,.Q,5 ai;re is re-·. ·tee.t.fr_om tt:re,swimmjng -po.o)-~h.ei;i._a-ten-fci_ot s_epar.ation i, quired ; ia J ot widtfr.of: 4'~:.75'.':,~ wh_e(e;,;,1:0"Q'. 'is./equired; . :" _ ;reqi,iired .. f:. hii(Qc6ver .variance i,$~also_requested_._ . . . . ·· rs .07%'tiardcovef.m'tti!tsdoth.'°0-:75'·'ione·\i/her.e .ho(1e-li, ·.-.r,;:;/,· ,~-· :··'•'·•'·:··"··1 Y:· ···t,;-···,·_.· ... ,,. · · ':'°' · • ·'· ,,. ······ _ ••· ,.allowed; AB ,07'.¼ii tiarclco.iier:.JnAhe;:.75-?_50'.,zon.e;,;v~ere .. ,,,;;;Al! ~erson.~l'.''.s.h1~_g __ to ge. h1;!:'1rdare er;rcourag_ed _toatten, ::25%·[s 'allowed;''and _to.'.r'i«;it maiotaln_:ttie required lb!. grade '. :z;this _rp,e~ti~g,•.-Th1s_.1~ _not _a f1~al ;;i_geQ_da and. 1s subject J, _;Cif:S32':5'.:for)5;JeetJro]'i#lie. Sides. 6fthe,propos:e,d.struc• , :,;;yC~iJ.,IJge ::P.t•g,r._t_o,th_e li~anng ._-Wrrtt~n, con;iments ;i,re ac \~~-~~idC:~,iL,~;@{iffftt--6i&\tJt?J:1:t:{i:;/'.:;J?);·,::: .... ·,.:~~/,~1/;:~i_gt~?~ii~J~~'~Praen~ 1 gi~~o~~~af~ ~{i1~a~I #07':3277''.~•Sue.Ne_lson;_:500-Oxford -R9ad, LR-.tA-zo,:11ng . -'.·:,:.abhffor·rev1eyrm. the-:qty Offices and· al.I mterested pe1 ais:trict;:{etjtiests:.aset~ai:k yar.iance ti;i :c6nstiuct·ail addi-:+i.'.·son_s ar.~•enc;ouraged'-to contact tt:re City for furth$r info, t!ori'to lhE(hbus,e;'.t.(i,b_ef JO!':aiei:i ~7{fr,ciil) Jh,e [,~a,,i;:g r_gpei;t:Y. : ti J:r,i<3.li?~c·_i;:?(ap_,,1,P pointiiie_nt, please call _{95~). 249;4600 lrne~:-m~r~}.~~:~i:t~.~9 .. ~.'.f:r,~~,~rre~;/• ,;j:.,. ·: ~·;--:~-.;.,</ 0,t\ciiinitcbro'no ; '. •·:, ... ;, -· · · · ~-·· ,,. ··.·_, •. #07=327.S;~'Johri :ter.rani::ii..Home's/ owner of the • properly •.,_.;,;:sy: ~Planning Commission ·, . · ·' at -.. 2500" ~elley 'P,arkWay~at;the . northwest quadrantof/:;, , ., .:::;;:.,':'.a,• .. :<-. ,. -· . • "theWillovi Orivli/Highway:12jnters'ection;P1NS#33:118-;,, •· :' -... •C"O' •• , •• -••• ' 23 ,1 t-_oos·o., J_iigally,_describe_d, as J>u•lof A: S_tonebay ·;,;,'~-~~c.~~e!::.·;~~ff!;J~• !'!ai:i11_mg D1~ec~or •• _-_ . which is, eurf.ently .zoned~RR-1 s , Qne'.far;r,ily,Rural Rei;,-:_'.,, F,'ublished'in tl:fe Sun :Sailoron April 5, 2007. . · deritial zonirfg,'.dislrict-0'propcises-an 'amendn:iept-.0Uhef.:., :"~ ,-c:; ·" ·':·· :'-_ _,-'. ,. -·,. ·:-~ • ··, , · •· -_o(bno :cqinJliu!)ity.f.:1~oagemeat :~Ji:rn '(C~_r!IP,(ehfn~i'!_e.';.::}''.os_\ed :~t:,'30rono City Offices : _ ;_:_ _ , · ·, · Plan): :Th& proposed:ameAdrplir:rt would revise the texf ot _.,, c\ _ ..,.;;;;~ :->·,CL,_!Ys.t~l},layp.Ppst1 Off.Pt'11::\l .-, .• :,,._.: . the Comprehensive Plan fi'ertinentto tl'le property by elim0 •• :' : ~ .: • -, _'' -~, o_ng "':'"e es .. rce _ • , , -.. : , lnat~g . tt)e fe_q't\iI~ri:iE!9_t;:l!;l_a(oi)_e .o_f t_l)e ps,e;s b1t a ph_ar-.,7\, '-'--',·',, , ', !'.!?~"?~ \~!t°!'!ce , , .. macy/convemence.storB';;a-nd by,elrm1natrng language,.r,e-.. ,~·,c• .. ,; ... •:,,,.,·o:···.,_ . .-•,.-'·". --, · · • ... ·. • ·'. ';<:)<,Y;,l;,;':;r:~:·';t,·:f·:r·\}}{_ -. i)•. > .. ;··:::i:<; •:t\t:'';(Apr. _5;·2007) 1-04,1~~T}rgs _:;:~, llCWStlapc•·s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) s s . COUNTY OF HENNEPIN ) Richard Hendrickson , being duly sworn on an oath , states or affirms that he is the Chief Financial Officer of th e ne w spaper known as _______ S_u_n_-S_a_,_"/o_r ______ _ and has full know ledge of the facts stated below: (A) The newspaper has complied with all of the requirements constitut ing qualificati o n as a qual ified newspaper as provided by Minn. Stat. §331A.02, §331A .07 , and other applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper once each week , for ___QlliL_ successive week(s); it was first published on Thursday, the _8_ day of __ M_a_r_c_h __ , 2007 , and was thereafter printed and published on every Thursday to and including Thursday, the ___ day of _____ , 2007 ; and printed below is a copy of the lo w er case alphabet from A to Z , both inclusi v e , which is hereb y acknowledged as being the size and kind of t ype used in the composition and publica­ tion of the notice : a bcd e fg hijklmnop q rstuvwxy z BY,~~ CFO Subscribed and sworn to or affirmed before me on this __ 8_ day of March , 2007 . /2~--/} /7 ., ~111-1 )IC+kvJJ)~~ e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.J1--09 RATE INFORMATION ( 1) Lowest classified rate paid by commercial users for comparable space (2 ) M ax imum rat e a ll ow ed by la w (3 ) R a te act u al ly ch a,ged $ __ ___,2=·=85"-"'R=e'-r =Ii n=e $ --~6~-=2 0"-"'p=e'-r =lin=e $ ____ 1c..c·-=-3-=-0_,p""'e""'r__,l-"-in=e City of Orono r---..:_ ~~ (Official Publication) CITY OF ORONO 27'5o Kelley Parkway, P.O. Box 66 · -Crystal Bay, MN .55323 . . Ph~ne, (952) 24_9_-4600 Fax (952) 249-4616 . . ..... ~ . .. The .Planning_ Commission -will hold public hearings in the Orono Counc~I Chambers at 2780 Kelley Parkway on Mon­ day, March 19, 2007, beginning at 6 :00 p.m. on the mat­ ter of revIew1ng the following land use application·s: -. #06-3225 D-avid Carlson o~ behalf of 875 WBW LLC · o~ner of 875 Wayzata Boulevard West, RR-1 B ~oning district, requests rezoning of the property .to RPUD Hesi­ dent1al Plann ect ·Unit Development , and requests RPUD site plan and preliminary plat approval for a 9-unit resi­ dential devel_opment on this 10.4-acre site . #06-3232 . Sharratt ·Design on behalf of Michael & Mary Draza~, 354& Ivy Place, LR -1 C zoning district, requests a 0-75 zone h _ardcover variance to allow 7.1% hardcover where 13.9% currently exists and 0% is normally allowed, and a 75' -250' zone hardcover variance to allow 32.5% where _ 35o/~ currently exists and 25% is -normally _allowe_d m conJuncllon with the construction of a new single fami- ly home to replace the existing residence . . #06-3243 North Shore Gardens on behalf of Richard Marzan , 2795 Pheasant Road, LR-18 .zoning district: re­ quests a cor1ditional use permit and hardcover variance for land alteration and retaining walls within the 75 foot lakeshore setback. -. ._ . #06-3246 · Highmark Builders on behalf of the est~te of Mary Jo Peterson, 4205 North Shore Drive , LR-1B zon­ ing district , requests the following variances to allow con­ struction of a rep lacement residence : Lot width of 0 .62 acre when 1.0 acre is required ; lot width of 60 feet when 140 feet is re quired ; 31 .5% hardcover in the 75-250' zone w here only 25 % is normally allowed. An average La ke shore setback is also requested to permit encroach­ ment into th is setback by part of the deck stairs and ap­ proximately five square feet of. the house . #06-3249 Ciiy of Orono, proposes an amendment of the O;ono Community Management Plan (Comprehensive Plan) with regards to the property at the northwest quad­ rant of the Willow D"rive/Highway 12 intersection , known as PINS #33-118-23 11-0060 , legally described as Out­ let A, Stone bay, owned by Dah_lstrom Development LLC, and currently zoned RR-1 B One -Family Rural Residentia_l district. The proposed amendment would re-guide this commercially-guided property to allow for primarily office uses with onl y minimal retai l uses. . · # 07-3255 Catherine Sweet, 3405 Crystal Bay Road, LR -1 C zoning district , requests a setback variance to con­ struct a replacement garage with a two foot setback from the westerly side property line when a 15 foot setback is requ i red. Structural lot coverage and hardcover variances are also requested . . _. #07-3259 Lake Country Builders on behalf of Kathy and Gary Gangstee , 137<l Rest Point Road, LR'18 zoning district, requests a number of variances including set­ backs and hardcover, to allow modification an·d expansion of the existing house and garage. #07-3262 James and Corrine Beck, ·3820 Cherry •Av­ am:e , LR -1C zoning district, request the following vari­ ances in conjunction with an extensive renovation and construction of additions on the existing hom_e: lake set­ back variance to allow a 41 .3 ' setback where 75' is nor­ mally required ; a 5' side yard setback where 10' is nor­ mally .requi r ed ; a 0-75' zone hardcover variance to allow17% hardcover where 17% exists and 0% is normal­ ly allowed · a 75 '-250' zone hardcover variance to allow 32 .1% hardcover where·27 .3% exists and 25% is normal­ ly allowed ; as well as a he;ght variance to allow 3 siories where 2 1/2 stories is normally allowed. · #07-3266 Vogue ICF Homes on behalf of Karen · and Benjamin Milbrath, 1404 Baldur Park Road , LR-1C zon­ ing district, requests t_he following variances to construct a new house : A lot area of ().28 acre when 0 .5 acre Is re­ quired· a lot width of 49 .75 feet when 100 feet is required , 16 .07°i 0 hardcover in the south 0-75 foot zone when none is allowed and 48 .07% hardcover in the 75-250 foot zone when 25% is allowed; and to not maintain the require d lot .grade of 932 .5' for 15 feet from the sides of the pro­ posed structure . #07 -32 68 WJM Properties , 2605 West Wayzata Boule­ vard , I-lodustrial zoning district, requests fenewal /exten• sion of the approvals granted via Resolution No. 5470 or May 22 , .2006 for a conditional use permit per Municipa Zon ing_ Code Section 78-823 and industrial s ite plan ap­ proval per Section 78-831 to permit a proposed 25 ,620 s.f one-story addition to the principal structure , a 250 s.f. ad ­ dition to connect existing accessory buildings , re vision s tc approved parking layout; and amendment of Resolution No MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#06-3259 Lake Country Builders, Continued) Kang moved, Kroeger seconded, to recommend approval of Application #07-3259, Lake Country Builders for Kathy and Gary Gangstee, 1374 Rest Point Road, granting of hardcover variances for the 75-250 foot zone and the 0-75 foot zone, granting of a lot area variance, a side setback variance, and a variance to accessory structures. VOTE: Ayes 6, Nays 0. 4. #07-3262 JAMES AND CORRINE BECK, 3820 CHERRY A VENUE, VARIAN CE 6:56-7:11 P.M. James Beck, Applicant, and Kathy Alexander , Architect, were present. Curtis stated at the February 20 th meeting, the Planning Commission directed the applicants to revise their plans to show the following: 1. No second story encroachment on the side with the substandard setback. 2. Total peak height revised so that it is not much higher than the existing home's peak height on the lake side . The applicants were also directed to explore mitigation of any negative wetland impacts as a result of drainage from the property. The following variances are requested in order to construct extensive additions to the existing home: 1. A lake setback of 41 .3 feet for the house and 29 feet for the deck where 7 5 feet is normally required; 2. A side setback variance to allow a five-foot side yard setback where 10 feet setback is normally required and 5 feet currently exists; 3. Hardcover variances to allow 17 percent hardcover within the 0-75 foot zone where 0 percent is normally allowed, and to allow 32.1 percent within the 75-250 foot zone where 25 percent is normally allowed and 27.3 percent currently exists; 4. A height variance is required as the lowest level is by definition the first story and the additions make this a three-story house where only 2 ½ stories are allowed . While Planning Staff recommends approval of some level of hardcover variances in conjunction with this project, the levels requested may still not be reasonable. The applicants have a large deck in the main 0-7 5 foot area that may be reduced slightly to lessen the proposed overall hardcover levels. Planning Commission should discuss the additional requirement of the lake setback on the eastern portion of the lot and whether or not the hardcover as requested is reasonable. PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3262 James and Corrine Beck, Continued) If the Planning Commission feels that there is hardship with respect to the location of the existing home and it is a reasonable request of the applicants to preserve the personal historical value of the existing home, Staff will support some level of hardcover and setback variances to allow the additions. Additionally, Staff continues to not support a height variance. Further, Staff would recommend the applicants submit revised plans reflecting the third level as a half-story as allowed. Curtis noted John Smythe, Bonestroo, is recommending a 16-foot wetland buffer, but that it is not required. Alexander stated they have reduced the mass and the height of the structure. Alexander stated she would like to address the issue of the third story. The existing lowest level is garage and unfinished basement and measures 6' 10.5' to 6' 11.5". According to the code, habitable space is defined as seven feet and this would be uninhabitable space. Curtis requested the Planning Co1mnission address that issue and that she did speak with the City's building inspector, Lyle Oman, that specific requirement for habitable space and that he would not disallow someone to finish their basement because of that low height. In new construction that would not be allowed. Alexander stated it would be undesirable space once it was sheetrocked and a ceiling was added because the height would be reduced even further. Alexander pointed out the Becks currently own a three-story house and they are looking to remodel the existing structure. Kempf stated this appears to be another situation where it is being called a remodel in order to preserve the current location of the structure and there is the expansion of a nonconformity in close proximity to the lake. Kempf noted this is a small lot and there is little room for expansion but that in his opinion the whole house should be pulled back and constructed on a suitable foundation. Alexander stated their structural engineer has submitted a letter to the City indicating that the foundation is very sound. Kempf noted the foundation is only seven feet height. Alexander pointed out there is a very small buildable area on the lot and that they could run into the need for pilings if the house were relocated. Berg commented she has a concern regarding the height of the structure and maximizing the lot. Alexander stated it is within three feet of the existing structure. Berg indicated she is not supportive of the amount of massing on the lot. Kroeger stated it appears to be a three-story structure. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3262 James and Corrine Beck, Continued) Kroeger stated he would like to see the three story issue resolved and that there is a better way to deal with this issue. Berg stated she is opposed to the increase in massing on the site . ~o1 5. , #6-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, 7:11-7:50 P.M. John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present. Turner stated the applicant is requesting the following variances to construct a new house: 1. A lot area variance of 0.28 acre when 0.5 acre is required; 2. A lot width of 49.75 feet when 100 feet is required; .. 3. A hardcover variance of 16.07 percent in the street side 0-75 foot zone when none is allowed and 43.68 percent hardcover in the 75-150 foot zone when 25 percent is allowed; 4. A variance to not maintain the required lot grade elevation of 931.5 for 15 feet from the end of the proposed structure ; · 5. A variance to allow windows in the gable end of the half story. The applicant was directed to revise his plans at the last Planning Commission meeting and that the applicant has submitted a revised plan, which is before the Planning Commission tonight. Turner stated the applicant was also directed to remove the gables, which have been done, and to reduce hardcover. Hardcover has been reduced by changing the garage to a two-car garage, which eliminated a portion of the driveway in front of it and the sidewalk. Planning Staff recommends approval of the width and lot area variances; approval of the floodplain variances subject to approval of the grading plan by the City Engineer and the MCWD; approval of the hardcover variance for the street side 0-7 5 foot zone and the 7 5 to 25 0 foot zone subject to the driveway taper complying with City standards with total hardcover remaining at 3000 square feet or less; and approval of the height variance. Turner stated it was pointed out to Staff today that the neighbor's rail on his deck is less than six feet above grade and therefore results in a change in how the average lakeshore setback line should be determined. This change requires relocating the house approximately three feet further from the lake. PAGE10 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3259 Lake Country Builders, Continued) Jacobson stated there are a number of factors that have gone into the design. One , the existing garage is a sound structure with a good foundation; two, the house in its current location; three , access from the garage to the house. Rahn commented the square footage between the house and the garage could be moved or lessened, which goes to the design. Kathy Gangstee stated the piece they took off the back was the same square footage and that the hardcover is being reduced with their proposal. Gaffron stated page five of the staff report addresses the hardcover in the 75-250 foot zone. Gaffron stated this proposal is really requesting a total of 34 . 7 percent and that the other lots referenced were not granted hardcover in the 0-75 foot zone. Jacobson stated there are certainly other approvals that have been granted that are similar to what is being presented here today without requiring the house to be relocated further back. Jacobson stated this property is fundamentally different than other properties and should be judged on its own merits. Rahn suggested the application be tabled for redesign. Rahn recommended the variance to the front yard setback be eliminated. Kempf stated he also has an issue with the pool being as close to Lake Minnetonka as it is. Jacobson inquired what the timing would be if the application is tabled. Gaffron stated the next Planning Commission meeting is March 19th and that he would like to receive the plans at least two weeks prior to that date. Rahn moved, Zullo seconded, to table Application #07-3259, Lake Country Builders for Kathy and Greg Gangstee, 1374 Rest Point Road. VOTE: Ayes 7, Nays 0. 8. #07-3262 ALEXANDER DESIGN GROUP, INC., FOR JAMES AND CORRINE BECK, 3820 CHERRY A VENUE, VARIANCE, 8:13 P.M. -8:55 P.M . Kathy Alexander, Architect, and James Beck, Applicant, were present. Curtis stated the applicant is requesting the following in order to construct extensive additions to the existing home: 1. A lake setback of 41.3 feet for the house and 29 feet for the deck where 75 feet is normally required; PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3262 Alexander Design Group, Continued) 2. A side setback variance to allow a five foot side yard setback where a ten-foot setback is normally required and five feet currently exists; 3. Hardcover variances to allow 17 percent hardcover within the 0-75 foot zone where O percent is normally allowed and to allow 32.1 percent within the 75-250 foot zone where 25 percent is normally allowed and 27.3 percent currently exists; 4. Technically a height variance is required as the lowest level is by definition the first story and the additions make this a three-story house where only 2-1/2 stories are allowed. The hardcover was calculated not taking into account the 0-7 5 foot zone on the eastern portion of the property. Based on the presence of the 929.4 OHWL contour elevation found in the wetland and the integral connection between the wetland and Lake Minnetonka, Staff would apply the 75-foot lake setback to this area as well. However, Staff has not adjusted the applicants' submitted hardcover number to reflect this new information. Curtis noted the hardcover numbers listed in the table are incorrect and that the correct hardcover figures are found on page one of the report. Planning Staff recommends the Planning Commission determine whether or not it is reasonable to allow expansion of this residence to increase the magnitude of the existing nonconformities. Some level of setback encroachment and hardcover overage may be reasonable. The height variance to technically make this a three-story home should be carefully considered. Beck stated when they discussed this application with Staff, it was noted that if all of the normal setbacks are taken into consideration, the building area would be very small and would be impossible to deal with, which constitutes a hardship. Alexander stated it is important to note the small buildable area of the lot and that their proposal does not go closer to the lake. Alexander stated since the basement in the house is only seven feet tall, it does not meet the six foot requirement. Curtis stated the basement definition was just revised by the Council at the last meeting and it does not meet either the old definition or the new definition of a basement and that is why it is being considered a story. Curtis stated it does currently exist as a story and the top story is a half-story. Alexander stated it is more than 50 percent. Alexander stated the basement is not finished area. Curtis stated Staff would look at that level as being defined a story. Alexander inquired whether it would be defined a story even ifit is not eight-feet tall. PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3262 Alexander Design Group, Continued) Gaffron stated they would consider it a basement for zoning purposes even if it does not meet a reasonable head room standard for a basement. The issues are whether the structure meets the 30 feet height standard or the three story height requirement since the basement is an oddity, does it fit into the neighborhood and is there a reason to grant a variance. Curtis stated the structure does meet the 30-foot height limitation. Alexander stated the intent is to remodel the house and that they are actually adding garage space with a flat terrace over it. Alexander stated the need for the variance is because the house, as is sits, is closer to the lake than 75 feet. Alexander stated the house currently sits five feet from the side lot line. Alexander indicated they have submitted letters from the neighbors expressing their support of the project. Alexander stated there is not a problem with drainage on the property. Beck stated the drainage runs back towards the street. Rahn inquired whether the five foot setback is the bump-out on the side. Alexander stated it is and that it is existing. Rahn inquired whether they are going up at that location. Alexander stated they are going up at that location. Rahn stated he would have an issue with adding to a nonconformity. Kempf stated the house is located too close to Lake Minnetonka and that this is one of those times the applicant would be creating a substantial structure on top of a bad foundation. Kempf stated in his opinion this is a hardship lot and there is little room to construct but that he would hate to see more structure added on to the existing foundation. Zullo stated the owners purchased the property as it is and that the Becks were aware of the hardship when they acquired the property. Gaffron inquired how long the property has been in the family. Beck stated since 1946. Gaffron stated in this case this is not a new buyer since it has been in the family for many decades. Alexander stated the owners specifically wanted to retain some of the rooms on the main level, such as the fireplace, the sunroom and the living room, and they went to great lengths to design around that. PAGE 21 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3262 Alexander Design Group, Continued) Rahn inquired what the new peak height would be. Alexander indicated she is not sure. Rahn stated he understands the small building area but noted that basically everything is expanding in the 0-75 foot zone. Kempf inquired whether the basement is seven feet high. Alexander stated it is. Kempf inquired whether the addition would start from the existing cap. Alexander stated the basement would stay as is and that based on the City's code, she is not able to do anything to adjust the grade around the basement. Kempf commented that this is another instance where a new addition is being added onto an existing older foundation. Alexander stated they do have a letter from a structural engineer saying the foundation and basement are sound. Zullo stated she does not necessarily see a hardship to construct the additions to the house and that not every lot on Lake Minnetonka needs to be a buildable lot. Alexander stated Mr. Beck owns the house on the property now and it cannot go to an empty lot. Zullo stated a house already exists and does not need to change. Gaffron stated the house can remain as is. Gaffron noted all the changes being proposed are in a nonconforming location. Kempf stated he is of the opinion that within boundaries the lot is a hardship lot and that a person does have the right to improve their property to some degree and not just have it remain the same. Curtis suggested the Planning Commission discuss the merits of applying the wetland buffer requirement to mitigate what might potentially be seen as negative impacts from the existing structure and the proposed additions. Curtis stated the applicant is not increasing the hardcover but questioned whether there should be some consideration of the runoff into the wetland. Gaffron stated the proposed work on the property does not trigger the creation of a wetland buffer, but since there are a variety of variances being requested as part of this application, there is a question whether some buffer requirement should be included to mitigate the runoff into the wetland. PAGE 22 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3262 Alexander Design Group, Continued) Rahn inquired what the hardcover would be. Curtis stated based upon the applicants' latest submittal, the hardcover would remain at 27.3 by removing some driveway and reconfiguring their proposal. Rahn stated the proposed building additions totally max out the height and that, in his opinion, is not a good idea to do that this close to the lake. Rahn indicated he would like to see a side elevation of the existing house and the proposed house. Rahn stated it appears the first floor would be higher and the roof would be higher but that he would like to see a drawing depicting how much taller the new addition would be as compared to the existing roofline. Kempf stated he is in agreement with Chair Rahn and that it would have a visual impact from the lake. Kempf stated he would like to see the house pushed back, which probably is not going to happen. Zullo inquired whether the deck would be reconstructed. Alexander stated the deck would be left as is and that they would not be adding to it. Gaffron noted there was a variance granted for the deck a number of years ago. Chair Rahn opened the public hearing at 8:38 p.m. There were no public comments regarding this application. Chair Rahn closed the public hearing at 8:38 p.m. Alexander inquired if the height were decreased, how the Planning Commission would deal with Staff defining it as three stories. Gaffron suggested the roof be reduced slightly, which would help to decrease the visual massing of the structure. Rahn stated he is not sure how the seven feet ceiling height impacts the six foot in the ground. Gaffron stated a seven-foot ceiling height would be considered substandard by most people. Gaffron stated the new ordinance deals with what percentage the new perimeter is exposed six feet or more, and by that definition, not enough of the basement is in the ground for this to be considered a basement and would therefore be considered a story. Rahn inquired whether this is a walkout. Alexander stated it is not. PAGE 23 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3262 Alexander Design Group, Continued) Zullo stated it is the bulking above that is the issue. Rahn stated he would like to see a minimal increase in the height. Beck stated they possibly could reduce the height of the structure. Alexander stated she has a concern with redesigning the plans and then having to request a variance for the three stories under the new ordinance. Curtis stated Staff has been looking at a few applications that were submitted prior to the adoption of the new ordinance and that it is not fair to require current applications to adhere to the strictest definition of the new ordinance. Gaffron stated the applications that are filed with the City prior to the new ordinance being published would be subject to the old ordinance. Gaffron pointed out two of the four sides of the house have at least six or seven feet exposure for the entire length and the other two sides have less exposure. Staffs conclusion was that more than 50 percent of the basement was exposed and would then be considered a story. Gaffron stated in the Baldur Park area there would be no basements and that they would be held to the definition of two and a half stories. Kempf inquired whether direction could be given to lower the peak height and then have the application go forward to the Council for their input on the variance to the three stories. Rahn stated it was his understanding it would be tabled to allow them to redesign their plans. Gaffron stated it might be beneficial if the Planning Commission gives some direction to the applicant on the issues raised in the report. Rahn stated he would like to see the height of the main structure reduced closer to what currently exists. Alexander pointed out the house currently is stacked on the lakeside. Kroeger inquired what the impacts of buffering the wetland would be. Gaffron stated a conservation easement would be required over that portion of their property that is abutting the wetland and that the owners potentially would be required to change the vegetation in the area of the wetland and maintain it as a natural area. PAGE 24 • r • t MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 20, 2007 6:00 o'clock p.m. (#07-3262 Alexander Design Group, Continued) Curtis suggested the City's wetland consultant, John Smyth, review the lot and make a determination on the 50-foot buffer. Curtis stated Staff would not be suggesting a 50-foot buffer since it would eliminate a large portion of the yard but that there should be some type of buffer. Rahn stated he would like to see the peak height that exists within the side setback remain fairly close to what currently exists. Rahn moved, Winer seconded, to table Application #07-3262, James and Corrine Beck, 3820 Cherry Avenue. VOTE: Ayes 7, Nays 0. Curtis requested clarification on the direction being given regarding the wetland buffer. It was the consensus of the Planning Commission to have John Smyth review the property and to make a recommendation on the wetland buffer. *9. #07-3267 BOHLAND DEVELOPMENT FOR CAL VIN PRESBYTERIAN CHURCH, 177 GLENDALE DRIVE, CONDITIONAL USE PERMIT AND VARIANCE Krueger moved, Kang seconded, to recommend approval of Application #07-3267, Bohland Development for Calvin Presbyterian Church, 177 Glendale Drive, granting of a conditional use permit and setback variance. VOTE: Ayes 7, Nays 0 ,.. PLANNING COMMISSION COMMENTS 10. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JANUARY 22 AND FEBRUARY 12, 2007 Kempf stated he attended the January 22nd meeting and reported that a large number of the items went on consent agenda. Kempf stated the Leaf Street sketch plan was discussed and that the developer had changed some of the lot sizes. Zullo reported on the February lib City Council meeting and noted that the Dampier application was approved after a lengthy discussion. / PAGE 25 Date Application Received: 01-16-07 Date Application Considered as Complete: 02-01-07 60-Day Review Period Extension Expires: 05-29-07 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis [/ Title: City Planner Item Description: Date: IO May 2007 Item No. / O Agenda Section: #07-3262-Kathy Alexander on behalf of James & Corrine Beck-3820 Cherry Ave -Variances Zoning District: Lot Area: Width: List of Exhibits: LR-lC, One Family Lakeshore Residential,½ acre/100' 25,793 s.f. (0.59 acre) 149'@OHWL 90' @ the street Undefined at the 75' setback due to the wetland Exhibit A -Revised Plan & Hardcover Exhibit B -PC Action Notice dated 04-18-07 Exhibit C -PC Memo & Exhibits of 04-10-07 Application Summary: The following variances are requested in order to construct extensive additions to the existing home: I. A lake setback of 41.3' (for the house) and 29' (for the deck) where 75' is normally required; 2. A side setback variance to allow a 5' side yard setback where 10' setback is normally required and 5' currently exists; and 3. Hardcover variances to allow 16.8% hardcover within the 0-75' zone where 0% is normally allowed, and to allow 25% within the 75' 250' zone where 25% is normally allowed and 27.3% currently exists. *The 0-75' & 75'-250' zones have not been adjusted to reflect the additional lakeshore along the eastern/wetland lot line. 4. A height variance is required as the lowest level is by definition the first story and this is a 3- story house where only 2 ½-stories are allowed. Planning Commission Recommendation This application was first heard by the Planning Commission on March 19th and at that time the Planning Commission discussed all of the aspects of the request and directed the applicants to revise their plan. Their direction to the applicants was to reduce the overall height of the home, specifically within the 75' lake setback area; remove the 2nd story encroachment into the substandard side setback; and explore the wetland buffer possibilities. The applicants responded with a revised proposal. On April l 6t\ Planning Commission voted 3 -2 to recommend approval of the revised request. The two dissenting Commissioners were not satisfied with the applicants' answer to reducing the home's mass so close to the lake. Planning Staff Recommendation The applicants' (existing and) proposed plan reflects, technically, a three-story home While Staff continues to maintain that the home should meet the 2 ½ story maximum, the applicants did address the issues the Planning Commission outlined at the March meeting. In an effort to maintain consistent hardcover accounting, the applicants should be required to submit revised hardcover calculations prior to final Council review. The revised calculations should reflect the accurate 0-75' and 75'-250' setback zones from the 929.4' OHWL elevation. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council's decision. 1. --,so.oo-- 30·7 N 8.'3""6'"9" W 930.4 ,,;;, ,,;;, Cherry Avenue ---r-----~---·--"K93~ nark:-' I ,nhole 931. 5 , _ Edge of Bituminous ~-~ I /ii), _I I -L_ ~928.6 ~6- 29.1 ~ I I I 929.4 930.8 I 929.4 No 061236 Drw. · O f 2 Sheets Sheet 2 SETBACK ZONE: (CIRCLE ONE) 0-75 'I 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 1272 S.F. Length Width X S.F. X S.F. X S.F. B. Landscape Rock X 0 S.F. C. Driveway X 0 S.F. S.F. D. Patio/Deck X 589 S.F. X S.F. E. Cone.Patio X 0 S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other Stone Walk X 29 TOTAL HARDCOVER IN ZONE 1890 S.F. A TOTAL PROPERTY AREA IN ZONE 11088 S.F. B A 1890 + B 11088 100 17.0 % PROPOSED HARDCOVER IN ZONE A. House X 1272 S.F. Length Width S.F. S.F. S.F. B. Landscape Rock 0 S.F. C. Driveway S.F. S.F. D. Steps 0 S.F. S.F. E. Patio/Deck 589 S.F. S.F. F. Landscape S.F. Underlain S.F. By Plastic S.F. G. Other Stone Walk to be removed 0 TOTAL HARDCOVER IN ZONE 1861 S.F. A TOTAL PROPERTY AREA IN ZONE 11088 S.F. B A 1861 B 11088 100 16.8 % SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 662 S.F. Length Width X S.F. X S.F. X S.F. B. Landscape Rock X 0 S.F. C. Driveway Gravel Drivewal'. X 2697 S.F. S.F. D. Sidewalk X 565 S.F. X S.F. E. Patio/Deck X 0 S.F. X S.F. F. Retaining Wall X 60 S.F. X S.F. X S.F. G. Other Stone Walk X 34 TOTAL HARDCOVER IN ZONE 4018 S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4018 B 14705 100 27.3 %- PROPOSED HARDCOVER IN ZONE A. House X 662 S.F. Length Width S.F. S.F. S.F. B. Garage Garage Addition 575 S.F. C. Driveway Gravel Drivewat 2697 S.F. Additional Gravel Driveway 121 S.F. remove gravel driveway -837 S.F. D. Sidewalk Existing Concrete 194 S.F. New Steps 116 S.F. Additional Concrete 62 E. Patio S.F. S.F. F. Retaining Wall Adjusted 25 S.F. Proposed Ret. Wall 22 S.F. S.F. G. Other Stone Walk to be removed 0 TOTAL HARDCOVER IN ZONE 3637 S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 3637 + B 14705 100 24.7 %- ADVANCE SURVEYING & ENGINEERING CO. Hardcover at Cherry Lane Revised 1-11-07 to show additional steps. Revised 1-15-07 to show changes to addition. Revised 2-16-07 Revised 5-4-07 to remove additional driveway ZONE 0-75 11088 0 1890 1861 (1861) 75-250 250-500 500-1000 TOTAL AREA IN ZONE SQUARE FEET ALLOWABLE HC TOTAL HC EXISTING TOTAL HC AFTER PROPOSAL UNDER OR (OVER) 14705 3676 4018 3637 39 0 0 0 0 0 0 0 0 0 0 Attached are city worksheets tor each zone, please review your survey and these worksheets with the city to be sure they agree that the items shown as hardcover are indeed hardcover under their interpretaion ot their ordinances. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed Professional Surveyor and Professional Engineer under the laws of the State of Minnesota. James H. Parker P.E. & P.S. No. 9235 25793 3676 5908 5498 -1822 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 TO: James & Corrine Beck 5152 Belmont Ave S Minneapolis, MN 55419 ZONING FILE 07-3262 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 18 April 2007 COPIES: Kathryn Alexander Alexander Design Group 401 E. Lake Street Wayzata, MN 55391 TYPE OF REQUEST: Variance DATE OF MEETING: April 16, 2007 Planning Commission recommended as follows: Approval of the variances and the revised plans as proposed. VOTE: 3 FOR 2 AGAINST *The dissenting Commissioners felt that the issue of massing was not adequately addressed. Applicant's next scheduled meeting is: City Council-Monday, May 14, 2007 --Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FILE #07-3262 10 April 2007 Page 1 of 3 Date Application Received: 01-16-07 Date Application Considered as Complete: 02-01-07 60-Day Review Period Extension Expires: 05-29-07 To: From: Date: Chair Kempf and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner April 10, 2007 Subject: 07-3262, James & Corrine Beck, 3820 Cherry Avenue • Hardcover (0-75', 75'-250'), Lake Setback, Side Yard Setback, and Defined Basement Variance • Public Hearing Zoning District: Lot Area: Width: List of Exhibits LR-lC, One Family Lakeshore Residential,½ acre/100' 25,793 s.f. (0.59 acre) 149'@OHWL 90'@ the street Undefined at the 75' setback due to the wetland Exhibit A -Revised Horne Plans Exhibit B -Site Plan by Staff (illustrating buildable envelope) Exhibit C -Minutes from February PC meeting Exhibit D -PC Report 02-15-07 Exhibit E -60-Day Extension At the February 20th meeting the Planning Commission directed the applicants to revise their plans to show the following: ✓ No 2nd story encroachment on the side with the substandard setback. ✓ Total peak height revised so that it is not much higher than the existing home's peak height on the lake side. The applicants were also directed to explore mitigation of any negative wetland impacts as a result of drainage from the property. Application Summary: The following variances are requested in order to construct extensive additions to the existing home: 1. A lake setback of 41.3' (for the house) and 29' (for the deck) where 75' is normally required; 2. A side setback variance to allow a 5' side yard setback where 10' setback is normally required and 5' currently exists; and 3. Hardcover variances to allow 17% hardcover within the 0-7 5' zone where 0% is 1 FILE #07-3262 10 April 2007 Page 2 of 3 normally allowed, and to allow 32.1 % within the 75' -250' zone where 25% is normally allowed and 27.3% currently exists. 4. A height variance is required as the lowest level is by definition the first story, and the additions make this a 3-story house where only 2½-stories are allowed. Wetland Impacts The applicants' property borders a large "Preserve" classification wetland on the east. This wetland has a direct relationship to the lake and results in lakeshore on two sides of the property. The applicants' proposal does not reach a level which triggers the implementation of the City's wetland buffer requirements. The applicants are aware that the surface water drainage from their existing property and Cherry Avenue may adversely affect the wetland and lake, and have discussed with staff some of the methods they are exploring to mitigate this. The Planning Commission should discuss this with the applicants if they wish to explore this topic further. Hardcover Variance The applicants' proposal for a garage addition results in approximately 575 s.f. of additional structural coverage to be built over the existing driveway, but will not require a lot coverage variance. The applicants' proposal results in a request for 705 s.f. total additional hardcover. The hardcover on the property was calculated not taking into account the 0' -75' zone on the eastern portion (wetland area) of the property. Based on the existence of the 929.4' OHWL contour elevation found in the wetland and the integral connection between the wetland and Lake Minnetonka staff would apply the 75' lake setback to this area as well. However, Staff has not adjusted the applicants' submitted hardcover information to reflect this new information. The Planning Commission should review the application and determine whether the request is reasonable. Accurate accounting of the hardcover calculations will be required prior to Council review (i.e. placing correct square footages in the proper zones). Side Yard and Lake Setback Variances The applicants' existing home at 5' encroaches significantly into the required 10' side yard setback and with the lakeside deck encroaches approximately 40' into the 75' setback from the lake. The applicants' revised proposal no longer includes maintaining the existing 5' setback for their 2nd story in an effort to follow the Planning Commission's direction. They do continue to propose constructing the new garage space to meet the I0'setback. The addition to the rear of the home, while encroaching into the 75' setback from the 929.4' OHWL elevation along the eastern portion of the property, meets the 75' setback from the OHWL of Lake Minnetonka on the north. Height Variance Due to the design of the additions and existing home, the applicants are requesting a height variance. Their lowest level by the City's definition is considered a story, not a 2 FILE #07-3262 10 April 2007 Page 3 of 3 basement; therefore it appears that the plans are for a 3-story home. The City's height limit is 2½-stories. The home meets the 30' height limitation. The applicants have responded to the Planning Commission's direction by revising their home plans accordingly. The proposed roofline of the entire home has been lowered to lessen the appearance of massing on the property in close proximity to the lake. Considering the significant amount of the property located in the 0-75' zone; Staff finds that with respect to the hardcover variance the applicants' request may be reasonable. Planning Commission should evaluate and determine what levels are appropriate for each zone. Additionally, by definition the applicants are proposing a 3 level home. However, according to the applicants, the low ceiling height in the basement (1 st level) results in a very dysfunctional space and therefore perhaps there is merit in considering the height variance request for the number of stories. Issues for Consideration • Has the applicant adequately addressed the concerns of the Planning Commission from the February meeting? • Does the Planning Commission feel that some levels of vegetative wetland buffer should be required as part of this application? • If this project becomes a total re-build for any reason will the Planning Commission expect that the house be moved to a more conforming location? • Are there any other issues or concerns with this application? Staff Recommendation While Planning Staff recommends approval of some level of hardcover variances in conjunction with this project, the levels requested may still not be reasonable. The applicants have a large deck in the main 0-75' area that may be reduced slightly to lessen the proposed overall hardcover levels. Planning Commission should discuss the additional requirement of the lake setback on the eastern portions of the lot and whether or not the hardcover as requested is reasonable. If the Planning Commission feels that there is hardship with respect to the location of the existing home and it is a reasonable request of the applicants' to preserve the personal historical value of the existing home staff will support some level of hardcover and setback variances to allow additions. Additionally, staff continues to not support a height variance. Further, staff would recommend the applicants submit revised plans reflecting the third level as a half-story as allowed. 3 0 =; -< s: 0 l:> ;,:, 'Tl ~ 0 __, :D "' 0 = 2: ~ 0 ::0 m 0 m < m 0 -------7 I I I I I I I I I I I ' I ' I ', ' ',,,,',,,, 'i I I I I I I I I I I 0 =! s: -< )> 0 "° ,, "" 0 __, :JO "-' = 0 C::.) z -~ 0 l I i i l I l I I I I :lJ m 0 m < m Ci! 50::. 111:!&IC>ENa! -a-_,-A\IINJI! ,( , I I I I I IH t ______ JI) ! ,------------J I I I QS.AJtHi PfM<dSte'.DQh / / / --26!'1AltQ.II0'1 PWVl<iPr■M■SWlln n ~ 0 ::0 ii'! ~ 0 _, ::IJ "·' a:.::· 0 ,::.:::, z 0 i :!JI m 0 m < m 0 r---------- 1 I I I I I I I I I I I I I I I I I I I I I I l-----=-=--:i:;;;.:==1=::3'=~~~::::=.::s.:.:J QSAYHi, QEAQli:le:tJQb tlllllMl'--IILSV.ATldtl .......... 26 ~ fn ePPWJP NP NlMr C') =i ;;:: -< )> 0 ::0 ,, .,.., 0 ...., ~ :D = 0 s z 0 :a m (') m < m 0 RBAJlDNG Pfrx:=BIM!Qc U!!P't'·ICll!lmivAn.::t4 . 0 ::i -< 0 'Tl 0 :n a 2: f"'" i!i;: :i:,. ::,;:, ~ _, :Iii m 0 m < m 0 1-------;1 1------1 ! t§-.:.._7: eecx IIE&IOENCE ,_a--.-A"1!HII! - ltr ! PSAl&tii peAQ!tMJQI, ~lbtL,fll,,O:';lftl"\..IH. _,. I I I I I I "" I I I I I I I I I I I I I I I I I 1 r-----..d ~, l ' I ',,,a_ _____________ .J P'MWl■NWQ4IM J ~;-.u ~-~rn=' ~~I,.,~ I Iv D ,___ ,___ ~ I ...... ...... <a, ~ s:: :fjf -< ):,, ml 0 ::0 (')1 "il'1 ""' !]! 0 -JJ ~ < :JO 0 IT! 0 .8 Cl :z 0 l!?ECIC. N:&lt>ENCE -• ~ A\IIMII! .... I ""Jt " I ◄ 1-1 I ◄ 1-t ~ NANIJMII..~.....,.._ .. .. ..... I A II 11 I ... .. .. II I .,.,,. .... ..... QMllft§Ql;AQ!fetfQh 26~"1 1""'9tLIMIJ.IIILOQlll.l"l.AH: lt-,-;;;:;.;:;.;;;.~R♦-;;;:--,1 [xis/ing "' '" I') ,,;-; "' 9'22 :6-~~-'._:"" ,;:o- 932.BX hmark:-,' ~gJt.5 Top of ma I I ""' "'' I I ' I~ I • C) C) \Q _c:::, '-"i \Q C) ~ C\j \Q I c:i I v, Afr, ( C 8. #07-3262 ALEXANDER DESIGN GROUP, INC., FOR JAMES AND CORRINE BECK, 3820 CHERRY A VENUE, VARIAN CE, 8:13 P.M. -8:55 P.M. Kathy Alexander, Architect, and James Beck, Applicant, were present. Curtis stated the applicant is requesting the following in order to construct extensive additions to the existing home: 1. A lake setback of 41.3 feet for the house and 29 feet for the deck where 7 5 feet is normally required; (#07-3262 Alexander Design Group, Continued) 2. A side setback variance to allow a five foot side yard setback where a ten-foot setback is normally required and five feet currently exists; 3. Hardcover variances to allow 1 7 percent hardcover within the 0-7 5 foot zone where O percent is normally allowed and to allow 32.1 percent within the 75-250 foot zone where 25 percent is normally allowed and 27.3 percent currently exists; 4. Technically a height variance is required as the lowest level is by definition the first story and the additions make this a three-story house where only 2-1 /2 stories are allowed. The hardcover was calculated not taking into account the 0-7 5 foot zone on the eastern portion of the property. Based on the presence of the 929.4 OHWL contour elevation found in the wetland and the integral connection between the wetland and Lake Minnetonka, Staff would apply the 75-foot lake setback to this area as well. However, Staff has not adjusted the applicants' submitted hardcover number to reflect this new information. Curtis noted the hardcover numbers listed in the table are incorrect and that the correct hardcover figures are found on page one of the report. Planning Staff recommends the Planning Commission determine whether or not it is reasonable to allow expansion of this residence to increase the magnitude of the existing nonconformities. Some level of setback encroachment and hardcover overage may be reasonable. The height variance to technically make this a three-story home should be carefully considered. Beck stated when they discussed this application with Staff, it was noted that if all of the normal setbacks are taken into consideration, the building area would be very small and would be impossible to deal with, which constitutes a hardship. Alexander stated it is important to note the small buildable area of the lot and that their proposal does not go closer to the lake. Alexander stated since the basement in the house is only seven feet tall, it does not meet the six foot requirement. Curtis stated the basement definition was just revised by the Council at the last meeting and it does not meet either the old definition or the new definition of a basement and that is why it is being considered a story. Curtis stated it does currently exist as a story and the top story is a half-story. Alexander stated it is more than 50 percent. Alexander stated the basement is not finished area. Curtis stated Staff would look at that level as being defined a story. Alexander inquired whether it would be defined a story even if it is not eight-feet tall. (#07-3262 Alexander Design Group, Continued) Gaffron stated they would consider it a basement for zoning purposes even if it does not meet a reasonable head room standard for a basement. The issues are whether the structure meets the 30 feet height standard or the three story height requirement since the basement is an oddity, does it fit into the neighborhood and is there a reason to grant a variance. Curtis stated the structure does meet the 30-foot height limitation. Alexander stated the intent is to remodel the house and that they are actually adding garage space with a flat terrace over it. Alexander stated the need for the variance is because the house, as is sits, is closer to the lake than 75 feet. Alexander stated the house currently sits five feet from the side lot line. Alexander indicated they have submitted letters from the neighbors expressing their support of the project. Alexander stated there is not a problem with drainage on the property. Beck stated the drainage runs back towards the street. Rahn inquired whether the five foot setback is the bump-out on the side. Alexander stated it is and that it is existing. Rahn inquired whether they are going up at that location. Alexander stated they are going up at that location. Rahn stated he would have an issue with adding to a nonconformity. Kempf stated the house is located too close to Lake Minnetonka and that this is one of those times the applicant would be creating a substantial structure on top of a bad foundation. Kempf stated in his opinion this is a hardship lot and there is little room to construct but that he would hate to see more structure added on to the existing foundation. Zullo stated the owners purchased the property as it is and that the Becks were aware of the hardship when they acquired the property. Gaffron inquired how long the property has been in the family. Beck stated since 1946. Gaffron stated in this case this is not a new buyer since it has been in the family for many decades. Alexander stated the owners specifically wanted to retain some of the rooms on the main level, such as the fireplace, the sunroom and the living room, and they went to great lengths to design around that. (#07-3262 Alexander Design Group, Continued) Rahn inquired what the new peak height would be. Alexander indicated she is not sure. Rahn stated he understands the small building area but noted that basically everything is expanding in the 0-75 foot zone. Kempf inquired whether the basement is seven feet high. Alexander stated it is. Kempf inquired whether the addition would start from the existing cap. Alexander stated the basement would stay as is and that based on the City's code, she is not able to do anything to adjust the grade around the basement. Kempf commented that this is another instance where a new addition is being added onto an existing older foundation. Alexander stated they do have a letter from a structural engineer saying the foundation and basement are sound. Zullo stated she does not necessarily see a hardship to construct the additions to the house and that not every lot on Lake Minnetonka needs to be a buildable lot. Alexander stated Mr. Beck owns the house on the property now and it cannot go to an empty lot. Zullo stated a house already exists and does not need to change. Gaffron stated the house can remain as is. Gaffron noted all the changes being proposed are in a nonconforming location. Kempf stated he is of the opinion that within boundaries the lot is a hardship lot and that a person does have the right to improve their property to some degree and not just have it remain the same. Curtis suggested the Planning Commission discuss the merits of applying the wetland buffer requirement to mitigate what might potentially be seen as negative impacts from the existing structure and the proposed additions. Curtis stated the applicant is not increasing the hardcover but questioned whether there should be some consideration of the runoff into the wetland. Gaffron stated the proposed work on the property does not trigger the creation of a wetland buffer, but since there are a variety of variances being requested as part of this application, there is a question whether some buffer requirement should be included to mitigate the runoff into the wetland. (#07-3262 Alexander Design Group, Continued) Rahn inquired what the hardcover would be. Curtis stated based upon the applicants' latest submittal, the hardcover would remain at 27.3 by removing some driveway and reconfiguring their proposal. Rahn stated the proposed building additions totally max out the height and that, in his opinion, is not a good idea to do that this close to the lake. Rahn indicated he would like to see a side elevation of the existing house and the proposed house. Rahn stated it appears the first floor would be higher and the roof would be higher but that he would like to see a drawing depicting how much taller the new addition would be as compared to the existing roofline. Kempf stated he is in agreement with Chair Rahn and that it would have a visual impact from the lake. Kempf stated he would like to see the house pushed back, which probably is not going to happen. Zullo inquired whether the deck would be reconstructed. Alexander stated the deck would be left as is and that they would not be adding to it. Gaffron noted there was a variance granted for the deck a number of years ago. Chair Rahn opened the public hearing at 8:38 p.m. There were no public comments regarding this application. Chair Rahn closed the public hearing at 8:38 p.m. Alexander inquired if the height were decreased, how the Planning Commission would deal with Staff defining it as three stories. Gaffron suggested the roof be reduced slightly, which would help to decrease the visual massing of the structure. Rahn stated he is not sure how the seven feet ceiling height impacts the six foot in the ground. Gaffron stated a seven-foot ceiling height would be considered substandard by most people. Gaffron stated the new ordinance deals with what percentage the new perimeter is exposed six feet or more, and by that definition, not enough of the basement is in the ground for this to be considered a basement and would therefore be considered a story. Rahn inquired whether this is a walkout. Alexander stated it is not. (#07-3262 Alexander Design Group, Continued) Zullo stated it is the bulking above that is the issue. Rahn stated he would like to see a minimal increase in the height. Beck stated they possibly could reduce the height of the structure. Alexander stated she has a concern with redesigning the plans and then having to request a variance for the three stories under the new ordinance. Curtis stated Staff has been looking at a few applications that were submitted prior to the adoption of the new ordinance and that it is not fair to require current applications to adhere to the strictest definition of the new ordinance. Gaffron stated the applications that are filed with the City prior to the new ordinance being published would be subject to the old ordinance. Gaffron pointed out two of the four sides of the house have at least six or seven feet exposure for the entire length and the other two sides have less exposure. Staff's conclusion was that more than 50 percent of the basement was exposed and would then be considered a story. Gaffron stated in the Baldur Park area there would be no basements and that they would be held to the definition of two and a half stories. Kempf inquired whether direction could be given to lower the peak height and then have the application go forward to the Council for their input on the variance to the three stories. Rahn stated it was his understanding it would be tabled to allow them to redesign their plans. Gaffron stated it might be beneficial if the Planning Commission gives some direction to the applicant on the issues raised in the report. Rahn stated he would like to see the height of the main structure reduced closer to what currently exists. Alexander pointed out the house currently is stacked on the lakeside. Kroeger inquired what the impacts of buffering the wetland would be. Gaffron stated a conservation easement would be required over that portion of their property that is abutting the wetland and that the owners potentially would be required to change the vegetation in the area of the wetland and maintain it as a natural area. (#07-3262 Alexander Design Group, Continued) Curtis suggested the City's wetland consultant, John Smyth, review the lot and make a determination on the 50-foot buffer. Curtis stated Staff would not be suggesting a 50-foot buffer since it would eliminate a large portion of the yard but that there should be some type of buffer. Rahn stated he would like to see the peak height that exists within the side setback remain fairly close to what currently exists. Rahn moved, Winer seconded, to table Application #07-3262, James and Corrine Beck, 3820 Cherry Avenue. VOTE: Ayes 7, Nays 0. Curtis requested clarification on the direction being given regarding the wetland buffer. It was the consensus of the Planning Commission to have John Smyth review the property and to make a recommendation on the wetland buffer. FILE #07-3262 15 February 2007 Page 1 of 5 Date Application Received: 01-16-07 Date Application Considered as Complete: 02-01-07 60-Day Review Period Expires: 04-01-07 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis , City Planner M (/ February 15, 2007 Subject: 07-3262, James & Corrine Beck, 3820 Cherry Avenue • Hardcover (0-75 ', 75'-250'), Lake Setback, Side Yard Setback, and Defined Basement Variance • Public Hearing Zoning District: LR-lC, One Family Lakeshore Residential,½ acre/100' 25,793 s.f. (0.59 acre) Lot Area: Width: 149'@ OHWL 90' @ the street Undefined at the 75' setback due to the wetland Application Summary: The applicant is requesting the following in order to construct extensive additions to the existing home : 1. A lake setback of 41.3' (for the house) and 29 ' (for the deck) where 75' is normally required; . 2. A side setback variance to allow a 5' side yard setback where 10 ' setback is normally required and 5' currently exists ; and 3. Hardcover variances to allow 17% hardcover within the 0-75 ' zone where 0% is normally allowed, and to allow 32.1 % within the 75' -250' zone where 25% is normally allowed and 27.3% currently exists. 4. Technically a height variance is required as the lowest level is by definition the first story, and the additions make this a 3-story house where only 2½-stories are allowed . Staff Recommendation: Planning Department Staff recommends the Planning Commission determine whether or not it is reasonable to allow expansion of this residence to increase the magnitude of the existing nonconformities . Some level of setback encroachment and hardcover overage may be reasonable. The height variance to technically make this a 3-story home should be carefully considered. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-IC district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366 . (b) Lots. The following minimum requirements shall be observed : 1 Lot Area (acre) Lot Width (feet) Front Yard Side Yard (feet) (feet) 0.5 100 30 10 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 Memos Rear Yard (feet) 30 FILE #07-3262 15 February 2007 Page 2 of 5 Side Yard Adjacent to Street (feet) 15 Exhibit G -Letter from Jared Larson of Larson Associates, Inc Exhibit H -Comments from Neighbors Exhibit I -Aerial Photo of the Property Exhibit J -Property Owners List Exhibit K -Plat Map Background The property owners are proposing to construct additions to the existing home consisting of an addition to the rear of the home for additional garage space and reconfigure the entire residence. The applicants wish to keep the existing home for family historical reasons. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 25,793 s.f. (0.59 acre) 149' @OHWL 90' (a2 the street Setbacks: LR-lC Required Existin2 Proposed Rear 30' 115' 108' East (Lake) Side 75' 65' 62' West Side 1 O' 5' 5' 10' garage Lakeshore 75' 41.3' house No change 29' deck Average Lakeshore Portions of the proposed additions/changes are ahead of the average lakeshore setback when compared to the house to the west. 2 Structural Coverage: Total Lot Area 25,793 s.f. (0.59 acre) Total Structural Covera2e Allowed: 3,868 s.f. (15%) FILE #07-3262 15 February 2007 Page 3 of 5 Proposed: 3,214 s.f. (12.4%) Hardcover Calculations: The hardcover was calculated not taking into account the O' -75' zone on the eastern portion of the property. Based on the presence of the 929.4' OHWL contour elevation found in the wetland and the integral connection between the wetland and Lake Minnetonka staff would apply the 75' lake setback to this area as well. However, Staff has not adjusted the applicants >~ubmitted hardcover information to reflect this new information. · ) J 0 Hardcover Zone' ✓Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover 0-75 3,910s.f. 0 s.f 130 s.f. * 130 s.f. I (0%) (3.3%) (3.3%) 75 -250 \ 8,045 s.f. 2,011 s.f. 2,485 s.f. * 3,075 s.f. \ / (25%) .(30.9%) (38.2%) * After exclusi~ of fabric or plastic-lined landscape beds ----------------~::___;:// -------------------------------------------------------- Wetland Impacts The applicants' property borders a large "Preserve" classification wetland on the east. This wetland, if the wetland ordinance were to be triggered, requires a 50' vegetative buffer and a 20' structural setback from the buffer's edge. While the applicants' proposal does not appear to trigger the application of the wetland ordinance staff feels that due to the extremely substandard setback of the home to the lake and wetland it may be appropriate to require that some level of vegetative buffer be planted along the eastern portion of the yard bordering the wetland and perhaps the lake's edge. Hardcover Variance The applicants' proposal for a garage addition results in approximately 575 s.f. of additional structural coverage to be built over the exiting driveway. The applicants' proposal results in a request for 4.8% (705 s.f.) additional hardcover within the 75' 250' zone. Side Yard and Lake Setback Variances The applicants' existing home at 5' encroaches significantly into the required 10' side yard setback and with the lakeside deck encroaches approximately 40' into the 75' setback from the lake. The applicants' proposal includes maintaining the existing 5' setback for their 2nd story and constructing the new garage space to meet the lO'setback. The addition to the rear of the home, while encroaching into the 75' setback from the 929.4' OHWL elevation along the eastern portion of the property, meets the 75' setback from the OHWL of Lake Minnetonka on the north. 3 Height Variance FILE #07-3262 15 February 2007 Page 4 of 5 Due to the design of the additions and existing home, the applicants are requesting a height variance. Their lowest level by the City's definition is considered a story, not a basement; therefore it appears that the plans are for a 3-story home. The City's height limit is 2 ½-stories. 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 applicaiions 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. The location of the existing home provides a number of challenges; perhaps a better solution is to build a new home which would meet a minimum of a 50' lake setback, which is the DNR minimum, and a 10' side yard setback from the western lot line. That having been said, Staff finds that with respect to the hardcover it may be reasonable ( considering the significant amount of the property located in the 0-75' zone) to allow some level of variance. Planning Commission should evaluate and determine what levels are appropriate for each zone. With regard to the existing home, it is located 5' from the western property line and may or may not be an issue with respect to storm water and surface water drainage; please refer to Tom Kellogg's comments (attached as Exhibit F). The home on the neighboring lot is approximately 50' from the applicants' home. As a result the existing neighboring home may not be adversely affected or overshadowed by the 2nd story at 5' on the applicants' home. Drainage may still be an issue. The existing home's location poses quite a philosophical challenge regarding setbacks to the lake and improvements, however, staff feels that there should be some level of compromise to accomplish both the applicants' and City's goals. The lakeside deck is a significant encroachment into the lake setback; perhaps the applicants could propose some removals as the deck is structure as well as hardcover in a nonconforming location. Additionally, as was discussed above staff feels that although the application does not trigger the application of the wetland buffer requirement the applicant should be required to establish some lake and wetland buffer to mitigate both the substandard lake setbacks and the hardcover levels. Issues for Consideration • While the new addition will meet the 1 0' side setback requirement, the Planning Commission should discuss the repercussions, if any, of allowing a continued side setback encroachment for the second story. • Does the Planning Commission feel that some levels of vegetative buffer should be 4 considered with this application? • Are there any other issues or concerns with this application? Staff Recommendation FILE #07-3262 15 February 2007 Page 5 of 5 Staff recognizes that a 50' buffer would essentially take up all of the usable yard on the property and some of the existing home, however it would not be umeasonable to compromise and create a buffer of some type on this property. Staff recommends that John Smyth ofBonestroo be allowed to review and comment on the applicants' plans. While Planning Staff recommends approval of a some level of hardcover variances in conjunction with this project, the levels requested may not be reasonable. Planning Commission should discuss the additional requirement of the lake setback on the eastern portions of the lot and whether or not the hardcover as requested is reasonable. If the Planning Commission feels that there is hardship with respect to the location of the existing home and it is a reasonable request of the applicants' to preserve the personal historical value of the existing home staff will support some level of hardcover and setback variances to allow additions. Additionally, staff will not support a height variance and staff would recommend the applicants submit revised plans reflecting the third level as a half-story as allowed. The applicants should be required to address all of the City's engineering concerns in Tom Kellogg's letter (Exhibit F). 5 SUMNER HARRINGTON Fax:952-546-5566 Jan 12 2007 11:59 P. 01 . · .. --------··--.c·t f a EX.. -l~,-A -~----· ._ y_o_ _ .r..on.o ____ --... ~ ... ~--------______ . Variance Application street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249•4616 Mailing Ar:Jdren: P.O. Box66 Crystal Bay, MN 55323-0086 Application # Date Received-:"----'-.-,---=:-,-_,_,_,,,_...,,-- Amount Paid: Sfaff: =r-~~-=---- Fee: · 800 Renewal-: -=s:-:3~00::------- After-the-fact: $1 1200 Double Fee This application f m must be completed in full. Applicant will be notified within 15 days as to the 'Status of the application. lnco plete applications will not be placed on Planning Commission Age~das. PROPERTY IN ORMATION: Site Address: Property ldenti (Attach legal d Date Property Present use of Zoning District: ation Number (PIN): cription to application If not included on the survey.) quired (month/year): 0'1/91,a □ Yes, I own the adjacent parcels. roperty: ,z· Residential ' □ Other ------------....----- . PLIC ORMATION: (Complete legBI names and marital status required for each Interested; party) Name: Phone ( Addres Email: ..,s=,1,01:.,...-....-..~ ....... &.lol,.;a.... _______ _ OWNER arltal status required for each interested party) Name: ?hone(h ...-..--=..,,.__,__ _ ___.'-------• _._2_,_514,.._.7..~-~'B-~-2, ______ _ Address· Email: ~~:.r;.-,..c.....Jlt,l'.~u..a-......i.~-------- SUMNER HARRINGTON Fax:952-546-5566 Jan 12 2007 11:59 P.02 REQUIRED S All of the follo ng information must be submitted by the application. deadline date in order for your application to b processed. · .-Er Pre-Applic tion Meeting Form, completed by a City Planner. P Complete Application Form . · g, Complet Hardship Documentation Form @ . Certified operty Owners Llst -owners within 150' of the subject property, labels and plat mai:,. List, labe and map may be obtained. from Hennepin County Department Qf Finance, Govemm t Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-59,o ~ Original rtificat& of Survey (signed by a licensed surveyor), . meeting all the requirements listed with this packet, including hardcover calculations. Also provide one copy 8;,5" x 11h or 11" x 17" r reproduction. · ,,er Complete hardcover calculation worksheets (as provided within the variance packet). □ Topograp c survey -including existing and proposed elevations, and proposed grading and drainage. For lakeshore properties the contours should be shown extending ~o• into the adjacent perties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. E Sketches r plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional ems may be requested by City Staff depending on the scope of the project. "' APPLICANT'S CKNOWLEDGEMENT: The applicant ereby agrees to provide all information required or requested by tne Planning Department, a ees to pay addiUonal fees (staff time not covered in the original fee payment) and/or consultant ex ses Incurred in review of this application and certifies that the informatio~ supplied is tru~ and corre to the best of his/her knowledge. The applicant recognizes that-he/she is solely responsible f submitting a complete application being aware that upon failure tol do so, the 1 staff .has no temative but to reject it until it is complete or to recommend the request for denial of the r: quest regardless of its potential merit. Applicant's Stg ature: _Q~:~lmllliilloA:IIAIIIIIP!!l"'--~f...._.,._ __ .g::: ¢:1:g Applicant's Sig ature: OWNER'S AC The owner he entry onto th purposes of in NOWLEDGEMENT: by acknowledges and agrees to this application and further authorizes; reasonable property by City Staff, consultants, agents, Commission & Council Members for stigation and verification of this request. Owner's Sign re: ~ ~ Date: :::::o;;z:;:· ::·:::: .... ~""'::::::k~========== Date: Owners Signa re: Applicant mu have all submittals into the City offices 25 days before the Planning ~ommlaslon Meeting. Pia ing Commission Meetings are normally held on the third Monday of each month. Applicants m st be present at all scheduled review meetings of the Planning Com~lssion and Council. If a applicant is unable to attend a scheduled meeting, please make arrarygements to have an auth rized representative attend in place of the applicant and advise the City Planner assigned to y r project. SUMNER HARRINGTON Fax:952-546-5566 Jan 12 2007 12:00 P.03 1. -,, •·• 0 , .... > -0 , •• 0 ''"•••• •· •--H••-• ............ ,,,_ -• ... -•• --••-• ~--• DATA PRIVACY ADVISORY ce with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you uest for a permit or license from the City of Orono or any of its departments may to furnish certain private or confidential information. information you furnish will be used to determine your qualification for the permit or se requested. '2. may refuse to supply data. but refusal may require that the City deny the permit or se. Sig 3. 4. information may be shared with other local, state or federal agencies to the extent ssary to process the permit or license. ur requested permit or license requires Council action to approve, some information become public. · 5. Yo have certain rights under M.S. 13.04 (see following page) to reView private data on yo rself. 6. r full name is required to process this application or permit. SUMNER HARRINGlON Fax:952-546-5566 Jan 12 2007 12:00 P.05 Page 1 of3 HARDSHIP DOCUMENTATION FORM onn is a required submittal for ALL variance applications. An application ; t be considered complete or placed on any meeting agendas until this form is ; ete and submitted to the City, ' i Minn . ta State Statutes Section 394.27, Subdivision 7 requires that a hardship be demon trated in order for a variance to be granted. The hardship must be unique to th~ prope as variances run with the land and not the land owner. Personal and economic sffuati s are not considered valid hardships. In order for an application to be heard by the P nning Commission and City Council a hardship having merit must be dem trated. HOW O I PROVE A HARDSHIP? This fi has 12 points outlining · the basis City staff uses to determine if a hardship exists . d how the variance will affect the surrounding community. To prove a hardshi~, addre$ all the relevant points listed below and answer them as clearly as possible. Since u are requesting the code exception, you have the burden of proving that the varian a Is Justified. The information the City receives Is what is used in determining a denial r approval recommendation. If you leave something out it will not be considered; Please dress each of these hardship criteria as they relate to the request (some may 1. 2. 3. 4. ~ ' The property in question cannot be put to a reasonable use if used · under nditions allow~d by the official controls." WI TI1o.Jf V.6€-1~. The variance, lf granted, will not alter the essential character of the locality." . . -. . ~ Economic considerations alone shall not constitute an undue hardship if easonable use for the property exists under the terq\S of the Zoning Chapter." SUMNER HARRING10N Fax:952-546-5566 Jan 12 2007 12:01 P.06 Page 2 of3 5. "Undue hardship also includes. but is not limited to, inadequate access to dirept sunlight for solar energy systems. Variances shall be granted for earth shelter$d construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 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: t4/4 / 7. "The Board or Council may permit as a variance the temporary use of ; a one .. famlly dwelling as a two.family dwelling." M/4 , 6. "The special conditions applying to the structure or land in question are peculiar to .such property or immediately adjoining property." ~ ~ : ~~~;!:;~~! '?I: ~~~~~cu; : ~qp 9, "The conditions do not apply generally to other land or structures in the district ;in which said land is located." : ;;i: JQff, • .qilJ6. «le€ ·&1t<u ca (1e<4En» w¥ ~. !.\o,:tflS Oti :1""~'1 l,J\14£. . 10. · "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." · \'ltS. .. WI£ YJ 1»t :CaW•lf ffl:nY.H L.eMN4 ~ ::CQ ,&,OQ : 01 crsic». S'ibCUkf;,, .As. w )f'l l AS. 4 iii'S?4Sor+MI :it Nt-Ut?.N &.k>nO; tun\\ 'HOftr4\L Annlf«-1.,nir:s.. . . . ' 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." . SUMNER HARRINGTON Fax:952-546-5566 Jan 12 2007 12:01 P.07 12. Page 3 of3 The granting of such variance will not merely serve as a convenience to the ppllcant, but is necessary to alleviate demonstrable hardship or difficulty." · atement feel the hardship cann ·a, describe the ship, practical difficulty ting compliance Ordinance requireme itional sheets if (928.3 X931.2 ~40 ~ ~ 1 lYi~k~ -j~~~tQJ~~~ 11-8-06 ' --Waters edge ·I-'1c : __.,, .. -' ..... ·'OV< =""1 ' ---··s.s ' _,.,,,, .,,,__ --,ss ____ ""' -•,au --. > .. .__,,, -----~ ---~--~ ---. -_,,.% ~·,-ornm, Seo ' -. ·<C,,.-. -~-:-,;.. .. ···, ·. ·--....... ··-·-·-,1 .. · "' ·" -"" --. " -" -•':c;,;,-,__." -= ' '-'·-~,., -•~ --"" :,._,,_,_ -"~- . ---' ···-,, ·-~--,, ' --' <;:<'>_---•• _____________ ----.---,._-_-,-_1', 1X932.6 931.0·-,..,,.,,_~--~o. -30 6 30 7 ___ ., g,35'9 F-;;;,,;;,;,;,-----... 'f<.934.'(_ ,, •• , ·,,_ ~ , ' / ~,;30.n:i,---F'J5,J,/2. ~ ---,----------·--=---~ -s" .-, --~---/--, .{,x?Jil4.s-. X932., ts,o' oo\ I ----,-, --~ ' ' ·----' ,g<;, 1 ,,0 ', ,' 935.4~,• 1 , , ~ 1 ·, n ", 0 L 1 .,. --· ,,, • ~, ' ' '< '.2139 ~,-, . . . \ : • : : I ', : ''"· . : C : ' ·---'-----'/• ' I ' 'J. I 'Co'g., ~: · \ : :x>~i Xm:, ,~ •ueO:f..,"';u~, ~ 9~6¾ J ,yv.im:, ', , . ~31.5~ ~ ot;,.,,.., 1 X 936., 1 v , : ', : · L ' 1 1 \ f I ' I ··--~: ---,9:, I X932.3 ·-,--'<-., I ' ui:1 X932.3 X /32 4 l/ l'l'er 2011., : sf· ; I I , -7 I ,· "' ,91:6----_ .. ,' \: 935. -/{{/'{) _, /,9J< Sq. Ft. Stone Path---':,-- 6J Sq. Ft. a31.3 ,..X931.1 .,.)cti31.5r t .... _) 931 93• I rg£61 I • . ,' Xfj'32.4 i 'X;~1.9{ X933.o I : / 1 I • I fc</,' _..J X932.4 i / \ \ / c:: _.._.. \ I I ' , --7"931.0 9'Wif • < 929.4 / ,< 929 ·I ,,.\ l +' ( ~34.2, / 935.2\-9 934. J..'--1 / X9,32.1 ____ ~---~1-------/:·---------'c-------------:,-t \ I ,/ \ . I ,J.,.,/ 9J~® -Existing Well---"", ! I Ci:)' • ,c; :1;,":l • -·' +"' ,' I ~~ ' ~ I --I --i: I if! '<)//: ,\.-----I /1 , I / I I • I 1 -Proposed Steps \ ~ _, _. I I 115_Sq. Fi, ,fab' •-~ · :) .--·-•• ___ . \ \01) / 931.2 , coP· / . \ :11,5 ...-// 931.2,/ I 9 , ,A<.. X931.8 \ / /_..-- ,· -X931.7 / \...-- /9~1.f' 'i' .f-' I •/'\ ,,: ,9,),) 1 (j -,[<;_o' I \ / /. I ·4,-, J .--, i \ I ,,-/ : _,....., f 929.4 ,,.,,. ''.'sf I I \ ,. f I 933.1):('{G ~·X931.9 1 -----1 / ,' 1 , /. _..--931.3 / I t, q, I .J-\1 !1 f L,.. • I .._ ,; ;;:: :--I • ( ,-, ! ' , "~ I • 1j / I , -. & ;;:: ,'$! g,!f I I ·;: ·;: _,....., I ' I , ' ~ " "'\J /0 0 I I ~ !.: I I I 932.BX IC)~ 1/}G~: I 'I, ~ t / I ,930.7 ~ ~ /ct , ,' ".6 I ,' : / 1 <o C\J : ,' / :.ff I ,' : 'I. § 930.6 c:s I ,, i,.,, I I I I " ,' f!! f! I I ,'1/ \Jti: I I I Vq_j < r 't"' 1 , ,,,, , 1:,;s • I J;~0 / lrj: : $ 0 / I (j//; I I X::::, I ' .f-<i"' I , ~ ~ ) 1 't; 1 X931.3 1 ~ b ,' ,t "' ,' ;:; : :/,~ I C., I 1 I 1 ~ I 931.5,' \\ ~ ( ,' : :i,,J I ~ ",~ / 1 I <(i; -& t 1 , I \\ , , 931.0) ,' >-I/ X931 0: ~ 930 ·9 X-', ,' t ! • I / ' , 1 , ----/--/-so· a,,l't ----, :f 1 1 1/---, \ '). ,.-.,,. 2one._J30.5 ,' / / / :i-"" • I,_ I / I I ) ' ,' ---! I ' : I v \ 1 : X93,1.3 ' ,! / '--------~-/---so-9, ' I ' I I ,--------~k,_ , 932.0X ,' 1 / •• -, \ , \':7'----/ 931. 7 / .....,9 ,/ : I \t -f I _.J.._ I,_.., ,,.,. I ./i Jrolf 1 -. Oj.,, l r i ~'.I, capp•d , 1 >r' ~-, . / q,'!i pound / ,' 9Jo.9 / 930.6X, ,__ - \ '9' ___,__ ;1 930.5 .vo_ 30.7 --150.00-- 929.41 I I 929.4 \ "' D 't " ---- I I ·' --- ,~ I • CJ ~ co,'-' ~ <o ~M I ~ I ½ ~ ...... \\ C ' Benchmark:--' --T N 83"26'29" W Cherry Avenue -------~! ~ -Top of manhole 931.5 I l -Edge or Bituminous I I -L_ - fJrw. No. Or 061236 8/117/23 BECK, JIM ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 SURVEYFOR: JIM BECK SURVEYED: November 8, 2006 DRAFTED: November 9, 2006 REVISED: November 15, 2006 to change the dwelling designation. REVISED: January 10, 2007 to show correct building dimensions and the proposed addition REVISED: January 11, 2007 to show buffer zone and new steps. REVISED: January 15, 2007 to show changes of the proposed addition. LEGAL DESCRIPTION: Lots 3, 4 and 5, Block 3, Crystal Bay View, Hennepin County, Minnesota. LIMITATIONS & NOTES: I. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include detennining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing elevations and contours to show the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. While we show proposed improvements to your property, we not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the survey to confirm that the proposals are what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. We were unable to located the existing well at the time of the survey. STANDARD SYMBOLS & CONVENTIONS· "•" Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. ~oono4 J1 {}La,ao am -isH. ParkerP.E. & P.S. No. 9235 X928.3 <o: t: ' GRAPHIC SCALE ~-~ CII i r ( IN FEET ) j L~ke 1'!b,;nn_~tOD,kill, 932 ~ . -->{928.6 _:--~:.---~,---_-_-_-_-_-??~'~1'7--'-~-~--------~~-'. ___ ~~~28[92~-,.,t------- ,,/~: ,.-~~~ -y 9;,i,.z_ ~J',_9_32.~~=-~~~ .'7 93~o---~:-a. --• __ , ·--'-.:C::----1. --• ' -06 '- _____ ,.e>G I ,1P --,,, ; :3??--;x~,:,;,)<;;;--,ct::-00\-1-~Cl"IC_"" :::::-_: ~9~? -937 9 \ : . ""ii-', ' :--"Y. -'---:-: -----xii',j."<ii1., ,__. --. ·----_,'.__ ,,: 1 ., : : "~§",}U21'.J9" rf,-:-· -., ,.--9,1_(;? '-, :fl; ----, /:xl>35.o : ', · ' ',, \ ,' --', ', ,,o 9,6-!l ' ''· , ?'932.~ '!--. / ,;~o,.,•tlonu t "'i,(931 l l!lofed'tJ O.s-: ·-....; _' ~ Ofhe--g ' --', !tl: . , }' ,· X932.3 '~r----.9..1,:,) "- ---1.... / i-''sa•i x932, 1\ \ ----,'' ,' Vff& Za,," '. X!:f32r4 !131.3 .....X931.1 -• -7 1 ,,. ,,¥931.5 r / / xq32 4 / ,--, __ Jo/· --')'-'31.0 --·-~0J1~ (-Waters edge 11-8-06 fr .J 930.5 \930.8 <> /'933 o 1 : :, xsf-, 9~~-lf St:J~Pit.th---:: ,,..,...~"'""-' I j ---( X9324 ! --,; I ·, ... I r9357 .J,.,'-1 , , ' I .i'" :J r,---------\--------'---~':::~f---'---·t------ ~( 929.4 I )::929.4 -\ ' -t' .., ,/ ' -\ i "'•·* ~ . , .-I 9:l_u/ 1935.2'9 934.Q N ,' ', / 9J4 §@ , ,4 / ,-P"'Posoo steps ',~ __ / E)dsUng w.tl---:,... ,~:~ rn_ I ,-"~::":.': ___ .gl,r ol',)-;;,-~31.2/ .~-,J' ~,,,..,. ';? 931.9 \ Jl·' C :../ · 931 2 / .. + !! '. g . X / •!JI , X931.B \ / 1--- 111,:;:, f-, I / \ ---1 "';:-_:; />-,---' X931.7 \,..-I .9.J-.;-/ i 4"!11-·} \ ,: I . /'g3,_3r ,,,, 9.33.1¥'-f.i.i I :e-x.93J.9 ,' ----., : I/' ,' : I ---931..3 , ·3,· i_.--: : ', .--1: . ---t // ,' ~ I -:~c: :..-,-;-~, ' ,,_,... -~ / , "'.._ , t., · -" ; __. ·, , I , ---· I ~ N ,8-CJ:e: I "-~ , ' 9.30. I ,. s:i °" :~ s:;' : J "'t : : : ~ I M s:::s ,'(t I: "~ I ,' : I .. / ' ':{)CV,' /: /_:j \ ,': '1 ;-; 930.6 932.BX <;:\ / , ,: ?l,:, / ,' : I , :' ~ $ < '., . f" ~~-t I ,' o.; : •~ / / / ,' ~~ I ,' xr: I : $Ji / ,' / 2-<1' ) ,' ~ : X931.3 : /"If : r : _<t -t : o:/ :~f / 931.5/ \) $ ( / : .'Ji ' 'Y I,' : I \\ ·"" ~ 931 0 J ' j I/ X931.o: -,9309x'\ /' rf f __ ;_tsa· ·----, / /t-----I ,.-z. °'-'F,&., Zen"~-j3o.s/ .-'I :'i-,e> '---.J / _,,,.., / I : I : 1v \ , ,' /_ : X9~.3 / r " I ------.__J,,-'S0--91 I I I 1-·,------~1.,__ I 932.0X ,' / --1 \ , -,--; ... __ __, 931.7 1 _./ I.:·?-----f I \/ --f /I ']., ~~ / ',, ov : • ,f :!,\:aufld , 1 -\""91o 1 930.6X, ·' ...... _ 1 ·9 \,_ q_ '· .930.9 Benchmark:~ _ Top of manhole 931.S -r-----_:__ --,so.oo-­ N 83'26'29" W Cherry Avenue -- I I ' -Edge of" Bltumi'nous - \; ~f -1__ "929.4 ... \) ,~ I' ;g ,:is o\i <o ~!') I ~ I VJ - Drw. No. 061236 -Iii nn ~~J2 11----=::a::.:~::::,N=-;:-=---11 ICIU.'f'ASW~ iit: 1llffll"WW' 'FCLLollii!>U=tdl£Rfl'hid ....... _.,..-i::,_ it:INilClleai ')OS .. I Wltd ■-WWWW JAll~rll ..,.,,,... - \J Ii _.,..-c,_ ilON!ICll9illll )0N I _,..__ I l~ It----- !1------ I II ~ 1 ~ i II I l .... Nw"W1IICIO"lili"Sla1JWM. ¥t)LJ.cijiidiad tM'tivSO ~ ' - I ..... 11 i' _.., __ De<ll991!11 '>0asa 11 I i ! ~i II WN ■NWWWW UJJ.W9Tl',lf'f'II ,..,.,... IF2)a.iliii:!5WG€fiilli\T&d il:INilCIIGlll ::ic>aa ~E SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A . House Length B . Landscape Rock C . Driveway D. Patio/Deck E. Cone.Patio F. Landscape Underlain By Plastic G. Other Stone Walk 0 -75 ' ! X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 1890 B 75-250 ' 250-500' Width 11088 100 500 -1000' 1272 S .F . S.F. S .F. S .F. 0 S.F. 0 S .F. S.F. 589 S.F. S .F . 0 S.F. S.F. S.F. S .F . S .F . 29 1 890 S .F . 11088 S.F. 17.0 % PROPOSED HARDCOVER IN ZONE A . House X ________ _;1~27--'2~ S .F. Length B. Landscap"e-'-R..;;.o..;;.c...;k ____ _ C . Driveway _______ _ D. Steps E . Patio/De ~c_k ______ _ F. Landscape _______ _ Underlain --------By Plast _i _c ______ _ G. Other Stone Walk TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width 0 0 589 29 1890 11088 A 1890 B 17 .0 _____ 1_1_0_8_8 100_= _________ _ r ... ~~: :~t, ,-..;-' .. ~·.:r~~> . . ') (.\, ... _, .. ,.,./ S.F. S.F. S .F . S.F. S.F . S .F . S.F . S .F. S.F . S .F . S.F. S .F. S.F . S .F . S.F. % A B A B SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250' i 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 662 S.F. Length Width X S.F. X S.F. X S.F. B. Landscape Rock X 0 S.F. C. Driveway Gravel Driveway X 2697 S.F. S.F. D. Sidewalk X 558 S.F. X S.F. E. Patio/Deck X 0 S.F. X S.F. F. Retaining Wall X 60 S.F. X S.F. X S.F. G. Other Stone Walk X 34 TOTAL HARDCOVER IN ZONE 4011 S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4011 B 14705 100 27.3 % PROPOSED HARDCOVER IN ZONE A. House X 662 S.F. Length Width S.F. S.F. S.F. B. Garage Garage Addition 575 S.F. C. Driveway Gravel Driveway 2697 S.F. Additional Gravel Driveway 167 S.F. D. Sidewalk Existing Concrete 275 S.F. New Concrete 161 S.F. New Steps 116 E. Patio S.F. S.F. F. Retaining Wall Adjusted 30 S.F. S.F. S.F. G. Other Adjusted Stone Walk 30 TOTAL HARDCOVER IN ZONE 4713 S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4713 B 14705 100 32.1 % • ~ • Bonestroo IJ Rosene · '71 Anderlik&, 1 \J 1 Associates Engineers & Architects February 12, 2007 Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 '335 Wes t Highway 36 • St . Pa ul, MN 55113 I Offic e: 651-636 -4600 • Fax : 651-636 -1311 www.bone stroo .com Re: 3 820 Cherry A venue File No. 000139-07000-1 Plat No. 07-3262 Dear Melanie: fXHl&-r"r F We have reviewed the survey for the proposed renovation to the house at 3820 Cherry Avenue, dated 1- 15-07. We have the following preliminary comments with regards to engineering matters: • The plan should show any proposed grading that is to occur on the site as a result of the addition. • The plan should distinguish between existing and proposed .retaining walls and sidewalks . • Top and bottom wall elevations should be provided for all retaining walls . • Due to the fact that the existing house is located in close proximity to the west lot line, and that this appears to be an extensive project, the applicant may want to consider relocating the house further to the east in order to provide adequate setbacks from the property lines. • Final plans should inc,lude erosion and sediment control details. • Please see the attached structural review comments from Matt Jensen. If you have any questions, please call me at (651) 604-4863 . Yours very truly, BONESTROO, ROSENE, ANDERLIK & AS~OCIA TES, INC.~ -;--- km Tom Kellog St . Paul , St . Cloud , Roche st e r, MN • Milw a uke KATHRYN Af_EXANDER (95 2) 47 3-8777 CELL : (612) 414-2276 .. .,.,..,.' BUll:.DiNG DESIGN RESIDE<~•~ .., 401 EAST LA~_!;};~~7T WAYZATA, "'" FAX: (952) 473t~~RQUl'.C0M - wwv,.ALEXANDERDESI ---------- Affirmative Action /Equal Opportunity Employer and ~,np1oyee Owned Memo Project: 3820 Cherry Avenue To: Tom Kellogg From: Matt Jensen Client: City of Orono File No: 000139-07000-0 Date: February 14, 2007 Re: Structural Review-Variance Application #07-3262 Remarks: J{]j Bonestroo IILlllB Rosene 'll'IIAnderlik& 1 \j 1 Associates Engineers & Architect.s. I have reviewed the Variance Application #07-3262 in the City of Orono for structural issues regarding the renovation and addition to the above referenced property. A licensed structural engineer has reviewed the building and foundations, and has the opinion that the structural is adequate for the additional loads. The project is being designed under this engineer. The applicant is in conformance with applicable building codes. It is our opinion that no further structural information is necessary at this time. Bonestroo, Rosene, Anderlik and Associates, Inc. □St.Paul Office: 2335 West Highway 36 St. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 □ Milwaukee Office: 12075 N. Corporate Parkway, Ste 200 Mequon, WI 53092 Phone: 262-643-9032 Fax: 262-241-4901 0 Rochester Office: 112 7• Street NE Rochester, MN 55906 Phone: 507-282-2100 Fax: 507-282-3100 D St. Cloud Office: 3721 23" Street S St. Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 www.bonestroo.com D Chicago Office: 1860 W Winchester Road, Suite 106 Libertyville, IL 60048 Phone: 847-816-1631 Fax: 847-816-3762 Larson Associates, Inc~ Arcbitecti. and Engineers 2311 Ealcen Avenue N.E. Buffalo, Minocsola S5313 iel. (763) 682-9S30 fax (763) 682-9531 January 15, 2007 Ms. Kathy Alexander Alexander Design Group, Inc. 401 East Lake Street Wayza~ MN 55391 Re: Beck Residence · 3820 Cherry Avenue Orono, Minneso1a · Dear Kathy: The purpose of this letter is to verify that I inspected the above referenced property to determine the condition of the existing main floor framing and foundation walls of the home. 1he existing foundation walls are concrete block approximately 7 feet tall supporting 2 x 8 floor joists spaced at 16" on center. ., .. The existing concrete block walls are in good condition with no signs of settlement cracking or inward bowing. Based on my observations of the existing structure and the typical wail footing size I feel that the existing foundation walls and footings will support the additional load from the proposed remodeling project. l will be performing the Structural Engineering services for ihe project and I verify that I am a licensed Professional Engineer. SiJ)cerely: l .. er Minnesota Reg. No. 15847 2061561t1 jkl James Rand Betsy J Martin 3826 Cherry Ave. Orono, MN 55364 February 2, 2007 REc1:1vEo FEB O 6 2007 CJTy o --r-QDQ . City of Orono 2750 Kelley Parkway Orono, MN 55356 RE : Variance Application -James Wand Corrine M. Beck, 3820 Cherry Ave To Whom It May Concern: We live at 3826 Cherry Ave (next door) from 3820 Cherry Avenue. We have had a chance to review the Variance Application and the proposed plans for the renovation of the house. From the plans we reviewed and the expectation of a quality renovation, it is our opinion that the renovation of3820 Cherry Avenue is more than satisfactory and we encourage you to approve the Variance Application at your earliest convenience. Because of the unique nature of the lot, I am sure you appreciate the hardship that existing set-back and code requirements place on this property. Please give this Variance Application your thoughtful consideration . ,, NO February 9, 2007 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: Variance Application #07-3262 James W. & Corrine M . Beck 3820 Cherry Avenue, Orono, MN 55364 Dear Planning Commission: Thank you for your Notice which we received today in regard to the variance that our neighbor's Jim and Connie Beck have applied for . We understand this is related to the extensive renovation and construction additions they plan to their home at 3820 Cherry Avenue in Orono . We liv.e across, the st~eet from the Beck Residence at 3 825 Cherry A venue, and have had the opportunity to review your Notice, the Variance Application as well as the proposed plans for the renovation . From the plans we reviewed and the expectation of a quality renovation, it is our opinion that this renovation is more then satisfactory and we encourage the Commission to approve the Variance Application so that the construction can begin as soon as possible . We know the Beck's and appreciate the fact that this property has been in their family since 1946. Therefore we hope you will appreciate their concern in keeping this house as part of their family and in a condition that is consistent with modern housing. Please do not hesitate to call on us if we can be of any help related to this matter. Sincerely, Sincerely, <A~£----A~ Matthew B. Herman 3 825 Cherry Avenue Orono, MN 55364 PH: 952-471-7248 c~: James & Corrine Beck Amy Beeler Herman Hennepin County Oblique Aerials H Hennepin County Oblique Aerials Images courtesy of: Microsoft© Virtual Earth TM 2006 Flight Date : April 2006 http://www13.eo.hennepin.rnn.us/HCPropertyMap/Birdseye .aspx?PID=0811723330001 Page 1 of 1 Prir 2/16/2007 RUN DATE: 1/16/2 007 38 08 -11 7-23 33 000 I 3820CHERRY AVE JAMES W & CONNIE BECK JAMES WBECK 5152 BELMONT AVES MPLS MN 554 19 38 08-117-23 33 0038 3833 CHERRY AVE HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 08-11 7-23 34 0060 38 18 NORTH SHORE DR PAULA J JOHNSON PAULA J JOHNSON 38 18 NORTH SHORE DR WAYZATA MN 55391 J. HENNEPIN cuUNTY PROrERTY INFORMATION SYSTEM (PROPERTY uwNERS LIST) 38 08-1 17-23 33 0002 3826 CHERRY AVE JR MARTIN & B J MARTIN JAMES R & BETSY J MARTIN 3826 CHERRY A VE MOUND MN 55364 38 08 -117-23 33 0089 3825 CHERRY AVE MATTHEW B HERMAN MATTHEW B HERMAN 3825 CHERRY A VE MOUND MN 55364 38 08-117-23 34 0063 3768 NORTH SHORE DR NANCY L BLA IR NANCY L BLA IR 5501 VILLAGE DR EDINA MN 55439 38 08 -117-23 33 0003 3838 CHERRY A VE MARJA E AMPLA TZ MARJA E AMPLA TZ PO BOX284 SPRJNG PARK MN 55384 38 08 -1 17-23 34 0040 38 18 NORTH S HORE DR PAULA J JOHNSON PAULA J JOHNSON 38 18 NORTH SHORE DR WAYZATAMN 5539 1 PAGE: 1 Hennepin County Variance MBo Page 1 of 1 r----= · -H~nn:pin-Co~nty Taxpayer Services: Variance ~abels This 1s not a legally recorded map It represents a compilation ofmformatwn and datafrom City, County and State authonlles I, Parcel Information: Parcel ID: 08-117-23-33-0001 I I I I I Owner Name: JAMES W & CONNIE BECK (2) Parcel Address: 3820CHERRY AVE ORONO MN, 55364 Buffer Size: 150 ft. I Tota~Parcels: 8 _ (1) 0 -117-23-34 (60) Date Printed: 1/16/2007 4:00:32 PM http:/ /bugle/variance/popMap.aspx?PID=0811723330001 &Buffer= 150&Count=8&BuffO... 1/16/2007 CITY of ORONO 13 March 2007 James & Corrine Beck 5152 Belmont Ave S Minneapolis, MN 55419 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #07-3262 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application's 60-day review period would end on April 1, 2007. As this application will not be considered by the City Council until at least April 23 rd , the City is exercising an extension. Tlterefore, this letter is your notification that the 60-day review period has been extended an additional 60 days to June 1, 2007. Please call me at 952.249.4627 should you have any questions. Sincerely, City of Orono {iittl/&,t£Jti({ Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Page 1 of 1 Melanie Curtis From: Melanie Curtis Sent: Friday, March 09, 2007 2:41 PM To: Kathy Alexander Cc: 'Jim Beck' Subject: Deadline for Jim Beck's application -April Agenda ... Kathy- Thanks for your phone call. I'd like your updated plans by April 4th . The planning commission would like to see your "new" home elevations superimposed over the existing home elevations so they can compare as well. This is what I have in my notes as far as Planning Commission comments: 1. No 2nd story encroachment on the side with the substandard setback. 2. Peak height proposed to be not much higher than existing on the lake side. 3. Mitigation of impacts on the wetland -50' buffer area. Proposal of buffer vegetation area (including planting types, and total s.f. of area) to be reviewed by John Smyth of Bonestroo. Please submit this to me by the 4th as well. See the attached BWSR document regarding appropriate buffer zone plantings. If you have additional questions please let me know. Have a nice weekend. Melanie Melanie Curtis City Planner, City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct: 952.249.4627 Fax: 952.249.4616 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us 3/13/2007 FILE #07-3262 10 April 2007 Page 1 of 1 Subject: 07-3262, James & Corrine Beck, 3820 Cherry Avenue Zoning District: Lot Area: Width: LR-1 C, One Family Lakeshore Residential, ½ acre/100' 25,793 s.f. (0.59 acre) 149'@OHWL 90' @ the street Undefined at the 75' setback due to the wetland At the February meeting the Planning Commission directed the applicants to revise their plans to show No 2 nd story encroachment on the side with the substandard setback. And the total peak height revised so that it is not much higher than the existing home's peak height on the lake side. The applicants were also directed to explore mitigation of any negative wetland impacts as a result of drainage from the property. Staff would discuss the ·ssues for consideration • Has the applicant adequately addressed the concerns of the Planning Commission from the February meeting? • Does the Planning Commission feel that some levels of vegetative wetland buffer should be required as part of this application? • If this project becomes a total re-build for any reason will the Planning Commission expect that the house be moved to a more conforming location? • Are there any other issues or concerns with this application? Staff Recommendation If the Planning Commission feels that there is hardship with respect to the location of the existing home and it is a reasonable request of the applicants' to preserve the personal historical value of the existing home staff will support some level of hardcover and setback variances to allow additions. Mdsti::rnally, staff continues to not support a height variance. 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I i I I I r­,r , , I I , , , , , , I I , , , , , , 'I - r-r I ~,• 1 . I ' I I I : I a I : H ' i ' i r --7 ~ i --r --' " I lt ~ Z 11 , ~~ ~ '----.. I I Vl, ... -~i ---=--=-5-:-~k-=-; a I LlJ ~-~-7! I -l ! ~ ll h;, H : ,. IIJ : -· , , , •,..... -,:. ~~10 ..... _j uf, 0 ... ~ -T:f i-~ tLMII '-t. ~ ":~ -"" l,· 1 : ~"" -Q '~ l , ( ~ I ' i l I D __. 1,urcaNIAr-··· 1- D •,;J-------H•-------T ------------!_ 11 ', ! _u .. \JU <t:: : "" : ~ • I ,.._ IU. ~ 11•• • I I c:uot -----.,,..... -=· -.• .,4'j:=-;,..... : ll ·1 a..a.>---i 1~1 I I --- I I I I I I I ........ ....... l ~==========:=!J --~ ....... ... , .. -· - ECEIVEO -EB !:..!i..J..aWL ,.;LOCll~~flLAN~;-----=========:j __ c _,,_, .....1. OF OAoNo I I I I I Ma~ 18 07 12:55p Kat.h~ A 1 exander 952-473-8222 FAX COVER TO: t:\t2. At.ltir C.Uc:o,s. FROM: ~ .b 'E>!,,tlJQE i' RE: &c I' Cbl.c '-, . p. 1 # OF PAGES INCLUDING COVER:. __ 4 __________ _ ADDITIONAL NOTES: .. ' M~,e.-\ F \c,L) ~ ~y C<~110NS ~u\ --f\-\€ CAlc-4, fLe~6_.b\f2a:..:1 J\{E.'H"lc) ~E-~ ~~ ~e,-1r,.Jt5r -45-Z...-414-,ct<P4 .. LE:) ME ~\.J lf l,.-J'E ~ILL-f:,E ~ ~ ~,2-~ ~. ~~ -- ~ RESIDENTIAL BUH.DING DESIGN ,, . 401 F.AST LAKE STREET WAYZATA, MN 55391 (952) 473-8777 ,, #07-3262 -Kathy Alexander on behalf of James & Corrine Beck -3820 Cherry Ave - Variances Application Summary: The applicant is requesti'l following variances in order to construct extensive additions to the existing home: ffaMJ J ~ 1. A lake setbac~ of 41.3' (for the house) ~~__12.lwhere 75' is normally required; ·. 2. A side setback variance to allow a 5' side yard setback where 1 O' setback is normally required and 5' currently exists; and 3. Hardcover variances to allow 16.8% hardcover within the 0-75' zone where 0% is normally allowed, and to allow 25% within the 75' -250' zone where 25% is normally allowed and 27.3% currently exists. r1Uf 4. A height variance is required as the lowest level is by definition the first story and this is a 3-story house where only 2½-stories are allowed. Just a note* *the 0-75' & 75'-250' zone hardcover levels have not been adjusted to reflect the additional lakeshore along the eastern/wetland lot line. This application was first heard by the Planning Commission at their March meeting and at that time the Planning Commission discussed all of the aspects of the request and directed the applicants to revise their plan to reduce the overall height of the home, specifically within the 75' lake setback area; remove the 2nd story encroachment into the substandard side setback; and explore the wetland buffer possibilities. The applicants responded with a revised proposal. The revised proposal is the one you are seeing tonight. On April 16th , Planning Commission voted 3 -2 to recommend approval of the revised request. The two dissenting Commissioners were not satisfied with the applicants' solution for reducing the home's mass so close to the lake. The applicants' (existing and) proposed plan reflects, technically, a three-story homeg While Staff continues to maintain that the home should meet the 2½ story maximum, the applicants did address the issues the Planning Commission outlined at the March meeting. In an effort to maintain consistent hardcover accounting, the applicants should be required to submit revised hardcover calculations prior to final Council review. The revised calculations should reflect the accurate 0-75' and 75'-250' setback zones from the 929.4' OHWL elevation. The action requested of the Council this evening is to direct Staff to draft a Resolution reflecting your decision. ) lt.•ake) =--~~~....._,,,, ~Jr.l,I/ ""I '9;itij f!\'f~• •~l ,!!i~ll!i&!!!!t!!i!!!i!!!i ~ "=1'¥/!!!i!!!i=o:i~ 11-8-06 --Waters edge I -:::-~~-%-. {4;, \ . --3/928.6 ' ------~ ---~ J ---._,, ""8 . 5 . >< 928. 6 '.~(~~:t::~~~~~~~~9~;-5.:~-~-:--~--~ -· _,,28 6-l_ ,- 9 32,. _ _: ., ---,.,;:;;'_~ -. --:-~ '•,,,_ ----: ----: -~-: -::":9 28 :cr -929-29:,-- 6 -----~ ._ ~ -~----. ' . _ •• <.< -_ '_---------C ". <:'9»r,>-~jg-~ -_ -_ ~ .,,__ -, --, '!!~ ~2°!!: ___ !° --X,,2 . !1__930~o -__ "'-929,<, -... <D,,. -------------------L --J\, tX932_,6 "'93T:"o-~-~--~0.7 30 6 30 7 ---S g,3 ,-;;;,,,-,,._ ___ -/<934,;z , '',, '•,, ~ I ,' -..._/ ~30.a::a:: -F£,2f/2• o-~ --\.--· --~ ---->--,_ -= -~ = -&· -, ' ' ' , __ ...,.., --, --~c;,. ,,. ... ..__ _ _ ,'--..._ --~ fx ~h34 .!1-, X 932. 1 J t::"n ao', 1 --- . ·•" 0 ', ' 9 35.4' ~ ' , , , ~ , ' ' , , L , / ', ---.. . ~ 1 · ' ' X,' ' ' '~ 2/, 7 9,, ,.;.gfl-,--/ ' •6 S ' ' ~ '' ' ' , / 2 I ._;, C. , I ' __ -L>-, , , ""'j' \ , · , A9 · . , , ', X-937 :( 9 ;; 1 /:,. , • -/id ------\ ; ixB 3 5,Cl ~ 932\8 /' I 'it::i:: 110 .,,d Os , , A X936 .. , " , ' , ' • .._ . , , , , ' ' ' ' ' '•--· , , , ' ' : ', : -r"' \ ,' '•!"_ 9$6~ ~ '1~5. 1 1 \ r ~931 .5~ ~ others e Ck '89s,co , , , , ,,, / -.I • I , ' ',,,; , __ --9_, -115. ,>; J J; n X932.3 ·,-'\ V ' ' I ',. , I X932..3 /32 4 i-g.:iv•s //;} 936.2X..~.2 .6? ---_J__ -----" / \\ I I\ ,-- ,gc;:6----~\ Stone Path--, , 6J Sq. Ft. ' /1,,. so,/ U/"f"er Zone ' x~. r I -' i )/I,' ' 2 ·story Frame-~--,,_., 7 : ,",_. .--'7'31.o a31.3 ~931 .1 ~31.5 r 930.5 930.8 I ,--9£67 I J-'? 1-+J Tuck Under /9 33_0 x~,32 · 4 / : X 9 f 1 · 9 ( 91 30 .7f ,,,.,.,, s, " , : ', . ' -9405 I J j X932.4 r ', / \ , / ev.-. ~ \ ' ' ' G., --I I I (,,, -I I I I --~( 929.4 / )(329.4 /-\ 934.2~ 1935.2~ 934.0~ , f:1'-, f X932.1 . -~f-------,----------I \ ,,. • -·Proposed ,,,_ -------'r------------·::-t-----J--;I 575 Sf.' /'"f. I \ I Add/tiarr 1, \ //,,. / 9 _1 .1/ cadge Floor , / \ /// I I / / ,-Ele~== 9 J2.5 1 -Proposed Steps '% ,,.-I '\ l , '!~ :<'. " .,,1,6 • • -..,, .• "I '6. '/ / -___ -, • 0 v / ".,, 934.6~ · \ ------W g~br; / 1.9 I I I I . , ', .. ,;,; 93 I -1.,.s V ,,.,.--1 931.2_ / i.. X931.8 , ,, ', / 1--I 9J . ~ :ts li; ,,.._-.--_ ,· -- /~ ~ :<-r-:::---._,._ __ 7r-__ ----i, / \...- • ~-, , X931.7 I , <l' ~ ,, , , ,,, . r ,, (;; ,,. ,, ,, I _..../931_3 "''-·, ,.., ,, . 'l UJ , • • , ' I • ' , 9' , '6 1.~s· ·: \ /, ; ,--/ t / / •4,t i /,,. : I \ r ,.,.'" ,' I / --931.3 /// / 929 .4 • • ~ 93' 9 , , , ' . , ,a.1:,,:·-li., / ~. ,-,c.---,,,' ,' ,',..,f-,'',,/ ,' ~-I )>'ii~ f-: ; j -,' ; I / ~ / ' i<I!:::; ,~t<f,' ~ h , '. 930.1 ,' -~ ~ ·11.~-, ,'. ,. '9 I ,' ; I / , <o '" ' 0 , ' , ' ~ I , , " o 6 , ~ i:3' '<t , , V O . , " Ce 93 • <c,<\i : :, /_;g ~:, "r &if I G I ,' y'/ ~i::' I ,' : I \ b :s I , " I / .... I I !::' () ..,_ b<f I I.,, •,if~ ""-. (!j !\ I ' )(~ I I I It, 'Q I ,( !ti ~-' n.'li ,_,.-J j ,o l c; I I I / I ~ // I I I 931.5,' I I I I I I I I I I I I I ,,.'" I/ / / \ / (1t, ' .,,~: X931.3 ' • b (\ •• )' v1, ',tt, O' ,• , c", 'O°/; r,' ti: I O I / I tt, / ' " , ' . " ' ' (, ' ,.g,,, \_) ~ I ,' : ..... ,t<i:i fl 931.0/ n.,• ' , / \ \ g:,o .9x '--, q)' ~ c§ I I I I I -... ' ; X931.0 1 / '-' /L-__ ---f--J-so, Burrer Zon:---930 .5/ /, -!1-lg":J,.i -,,-:-,-1 / / ! _ X9f3 I I '-------l-.,,1,:__----~"§.J1:: / I I I / \ --' ---✓---, \J' I /I I I / I I //' \J _,,. ,' <? // I / I I 1 --f --, Ii /// / :130.4 1"1J '),, ~ Ir¢ t ', :-\'/ ' / >(930.5 ,\ ~~';.,,,, -,' ,' "°9-'o.9 ; 30:: 930 .7 ,( . / , ... _ 929.4/ \ "9' rk:-,.' >le 931.5 I I ' -Edge of Bituminous --150, 00--- N 83"26 29" W Cherry Avenue --------- 929 .4 I I c:::> I ~I I I I \ \J' --L_ \) 't. "v --- I I I ,~ / :: CJ~ ~ ._'-J ~~ ~ ~ I~ / V) --- Drw. No. ! 061236 Hennepin County Oblique Aerials H Hennepin County Oblique Aerials Images courtesy of: Microsoft© Virtual Earth TM 2006 Flight Date: April 2006 oralv'isits:2'570' http://wwwl3.co.hennepin.m.. •. ..1s/HCPropertyMap/Birdseye.aspx?PID-J8l l 723330001 Page 1 of 1 ~ Prir 2/1/2007 SUMNER HARRINGTON Fax:952-546-5566 Jan 12 2007 12:00 P.04 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Su division 1. Type of data. The rights of individual on whom the data is stored or to be stored all be as set forth ln this section. Su d. 2. Information required to be given Individual. An Individual asked to supply private or nfidential data concerning himself shall be informed of: (a) the purpos~ and intended e of the requested data within the collecting state agency, political subdivisitjn, or statewide ystem; (b) whether he may refuse or i~ legally required to supply the requested data; (c) any k own consequence arising from his supplying or refusing to supply private or confident" data; and (d) the identity of other persons or entities authorized by state or federal law to rec ive the data. This requirement shall not apply when an individual is asked to supply investigati e data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. uired under this s bdivision in the ad of on those forms. < Su d. 3. Access to data by lndlvldual. Upon request to a responsible authority, an individual hall be informed whether he is the subject of stored data on individuals, and whether it is etas · ed as public, private or confidential. Upon his further request, an individual who is the subj of stored private or public data on individuals shall be shown the data without any charge to im and, If he desires, shall be informed of the content and meaning of that !data. After an i ividual has been shown the private data and informed of its meaning, the data 'need not be d osed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the lndlvidual has been collected or created. · The responslb authority shall provide copies of the private or public data upon request by the individual ubject of the data. The responsible authority may require the requesting per59n to pay the a ual costs of making, certifying, and compiling the copies. · responsible authority shaR comply immediately, if possible, with any request made this subdivision, or within five days of the date of the request, excluding Saturdays, nd legal holidays, if immediate compliance is not possible. If he cannot campl* with the requ t within that time. he shall so inform the individual, and may ·have an addition~! five days with which to comply with the request, excluding Saturdays, Sundays and legal holidays. d. 4. Procedure when data is not accurate or complete. An individual may contest t accuracy or completeness of public or private data concerning himself. To exercise this right, n individual shall notify in writing the responsible authority describing the nat(lre of the dlsag ment. The responsible authority shall within 30 days either: (a) correct thei data found to inaccurate or incomplete and attempt to notify past recipients of inaccur~te or jncomple data, including recipients named by the individual; or (b) notify the individual that he believes e data to be correct. Data in dispute shall be disclosed only if the indivi9ual's · statemen of disagreement is included with the disclosed data. The dete ination of the responsible authority may be appealed pursuant to the provisiqns of the adml strative procedure act relating to contested cases. February 1, 2007 J arnes & Corrine Beck 5152 Belmont Ave S Minneapolis, MN 55419 Strnet Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #07-3262 Municipal Offices 0 . Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property located at 3 820 Cherry A venue. Our preliminary review indicates that your application is complete. *Please submit one (1) additional scaled copy of the Certificate of Survey by February 7, 2007 for submission to the City Engineer/or review. Your application is scheduled to appear before the Planning Commission on Tuesday, February 20, 2006. The meeting begins at 6:00 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 should you have any questions. Sincerely, City of Orono Melanie Curtis City Planner 24'.0-46iYO O 14021:I \ry'·:··,·-'/Vofi,,OROJftlO,,ffilfl1.,1l~S -IN!Wtllf 0!COIA!M airea (1) W 111.BVATICN ... ,,,..,... eecOICl'I.OQlt --"_"'"' .. ~------------------C,,IIMJt ---------"'IL.AB - I Ii ·~ '-l 401 EAST LAKE S'IREET WA Y2ATA. MN 55391 Phone: 952.473.sm PAX: 952.473.8222 :I I 5 I I ED --IIJ!VATICN c:a!"'1'1'1fGi-.ALl!XANCelltDE81GN.....ouP, RC. -II.DOit TCll"(ll'eu!IIUI ---------·---- ---------------------------------------------~~~ 401 EASTLAKE S1REET WAVZATA.MN 55391 Phone: 952.473.sm FAX: 952.473.8222 I I I -,. (]) W ll0lf • WVA.TIQI ........... 401 EAST LAKE STRFET WAYUTA, MN 55391 Phone: 952.473.Bm PAX: 952.473.8222 i II !I I 5 I I I I I EXIITIG IIIU:ll4T ·TO- (]) UPI' IIC)II IUV.4TICN --,w,,,..,, r/; .. :.~ .. -.... -:""'·. .; ·:....-.!:_:~ ..... 401 EAST UJCE STREET WA Y2.ATA, MN 55391 Phone: 9S2.473.am FAX: 952.473.8222 .t I I I i ? 1 I I I I 4114' --"" ... v-=r:-_J ....... .... fl 0 B ):( .. , T n I ..... JI, ~ -ma ~I ------- -------,,-------- --- 1411!1.8\&fll..CCIIPUN .......... !lf-T1" • I I I I I I I I I I I I ! ! I '-../=-....... ) .. It=-- I I I I I I I I I I I I I I I I I I I I I I { I I I I I I I I l l - - ------------q I I I I I L_ ____ -q I I I I I I I I I I I I I rJ / / / / / ------1,------D-/ 401 EASTLAKE STREET WAY2ATA.MN 55391 Phone: 952.473.B777 FAX: 952.473.8222 I I I -v..-..... ... .. ----Mall: T ""It :;a ~ N" -=1-.. I'; t • I Ill --I ... 1 --~.L •=:r -L-- 1 T ➔ ,._, ' , ... _ ~'" "' - -...- ... ,. T V i eer I I ... -... . .. _ C: I -- / -I I 1111111 '===' .... s .. -= I D ,,,. I To .. n1 -I '11"1111()1 . 11A . rr.f"11 J ;;, I• " --I \j .... IJ ··-·- IU .... "'-A/ -b '---~ / "'-/~ 1!121:a I I ~~ I • --112 I .. l!IB,II n, iic2-.D LI -r,r£--..... - i . -I ---==================-== ,===• I ., == r.'=-----==========::::=======:: I ., = . . I ·""= ~ h-----==== ~----==:: ,===• ~ ===• I ., = I l . -It:~ ·---=-=================· == ===::i- ., =-I~ :::::::====-===---------=~== ===::i- ., = I = •= ====================-~=• ,==• • ., = h-~--------============== ===• . = . 11 il -{xJ •F fX ..... I. -...... - ... """"""' COF'T1IIICiMt' 2-. ALl5><ANPellt 0l!8lliN GIIOUI", llolC. -a:g ' i l " ..... I • 401 EAST LAKE STREET WAY2.ATA,MN 55391 Phone: 952.473.sm FAX: 952.473.8222 i I' I 11 I l -+ iur ........... ---< ~-J~ I ---1--I . ' I ,_ __ .,_ _____ ..::-.:J f I" l I ..... ,..:-..•: I I ; I I : I I ! I I ' I -- ~fll.OOll"-AN ..... - - - !,:1 _ !s 11 I -· .... ____ .... ¥-- ! I i - ~ ,. ill - I 401 EAST LJJCE STREET WAYlATA, MN 55391 PhMe: 9S2.473.Sm FAX: 952.473.8222 I I I I ADVANCE SUR VE YING & ENGINEERING CO. Hardcover at Cherry Lane Revised 1-1 1-07 to show additional steps. ZONE AREA IN ZONE SQUARE FEET ALLOWABLE HC TOTAL HC EXISTING TOTAL HC AFTER PROPOSAL UNDER OR (OVER) Revised 1-15-07 to show changes to addition. 0-75 75-250 250-500 500-1000 11088 14705 0 0 0 3676 0 0 1890 4011 0 0 1890 4713 0 0 (1890) (1037) 0 0 Attached are city worksheets for each zone , please review your survey and these worksheets with the city to be sure they agree that the items shown as hardcover are indeed hardcover under their interpretaion of the i r ordi n ances . TOTAL 25793 3676 5901 6603 -2927 I hereby certify that this report was p re p ared by me or under my direct supervision and that I am a l i censed Professional Surveyor and P r ofessional Engineer under the laws of the State of Minnesot~. James H . Parker P.E. & P.S . No. 9235 n ' ' .. ..,, ' Hennepin County Oblique Aeri, H Hennepin County Oblique Aerials Images courtesy of: Microsoft© Virtual Earth TM 2006 Flight Date: April 2006 http://www13.eo.hennepin.rnn.us/HCPropertyMap/Birdseye.aspx?PID=0811723330001 Page 1 of 1 Prir 2/1/2007 Subject: 07-3262, James & Corrine Beck, 3820 Cherry Avenue FILE #07-3262 15 February 2007 Page 1 of 1 • Hardcover (0-75', 75'-250'), Lake Setback, Side Yard Setback, and Defined Basement Variance • Public Hearing Zoning District: Lot Area: Width: LR-1 C, One Family Lakeshore Residential, ½ acre/100' 25,793 s.f. (0.59 acre) 149'@OHWL 90' @ the street Undefined at the 75' setback due to the wetland The applicants, the Beck's, are proposing to construct additions to the1fexisting home consisting of an addition to the rear 8t.tlU!ii 1101 ,'ft: for additional garage space and reconfigure the entire residence. The applicants wish to keep the existing home for family historical reasons. They are requesting the following in order to construct extensive additions to the existing home: 1. A lake setback of 41.3' (for the house) and 29' (for the deck) where 75' is normally required; 2. A side setback variance to allow a 5' side yard setback where 1 0' setback is normally required and 5' currently exists; and Hardcover variances to allow 17% hardcover within the 0-75' zone where 0% is normally allowed, and to allow 32.1 % within the 75' -250' zone where 25% is normally allowed and 27.3% currently exists. ~ a height varian6e~re.as the lowest level is by definition the first story, and the additions make this a 3-story house where only 2½­ stories are allowed. Staff Recommendation: Planning Department Staff recommends the Planning Commission determine whether or not it is reasonable to allow expansion of this residence to increase the magnitude of the existing nonconformities. Some level of setback encroachment and hardcover overage may be reasonable. The height variance to technically make this a 3-story home should be carefully considered. 061236 8/117/23 BECK,JIM ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. IOI Minnetonka, MN 55345 Phone (952) 474 79M Fax (952) 474 8267 SURVEY FOR: JIM BECK SURVEYED: November 8, 2006 DRAffED: November 9, 2006 REVISED: November 15, 2006 to change the dwelling designation. REVISED: January 10, 2007 to show correct building dimensions and the proposed addition. REVISED: Januaiy 11, 2007 to show buffer zone and new steps. REVISED: January 15, 2007 to show changes of the proposed addition. REVISED: f'cbruary 15, 2007 to address city comments. X926.3 ' ' ' ' ,.,, ::;,' LEGAL DESCRIPTION: Lots 3, 4 an<l 5. Block 3, Crystal Bay View. Hennepin County. Minnesota. LIMITATIONS & NOTES: J. Showing the length and direction of boundary lines of the above legal description. The scope of our services docs not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as casements, that you wish shown on the survey. have been shown. 1. Showing the location of existing improvements we deemed important. 3. Setting new monument,; or verifying old monuments to mark the comers of the property. 4. Showing elevations and contours to show the topography of the site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5, While we show proposed improvements to your property, wc not as familiar with your plans ns you arc nor arc we as familiar with the requirements of governmental agencies as their employees arc. We suggest that you review the survey to confim1 that the proposals arc what you intend and submit the survey to such governmental agencies as may have jurisdiction over your project to gain their approvals if you can. 6. We were unable to located the existing well at the time of the survey. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes 1/2" ID pipe with plastic plug bearing State License Number 9135. set. unless otherwise noted. I hereby ccrtil)' that this plan, specification, report or survey was prepared by me or under my direct supervision and that l am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. I GRAPHIC SCALE 2~ -~ ---=-::::I I I ( IN FEET ) PROPOSED CONSTRUCTION u-1-~sLbL =:,<6W ;J 0r2-Ain µ q ~ X9J7.4-\"9J7:1 I'\.' ,~ ~· ~~ i;;. Slone Path iE '';/it,~·-. / '~--- 9 935 2 9J4,6 Existing Well --'El I ...,~ :: t I! " ~¾'t- 933.1X 4.J I ' I ,f:fli:; ;,, Lake Minnetonka , -Waters edge 11-8-06 28.IL.l . -~c X9'"-1 x• .. -~<~_. / xe~9 x0,o.o x020.9 fr=, '''"" ···-' __,,-~-·· -""" ----4--~-~-~~==--~ : • ,,_, .. --:.-,,,,00--_ : -,,..,,,, ~1- 0 I 935 · "::!~ §,p::,,39" EI I .4 : 1,, ~ .. ,: X9 2. • : I \'Cdgt!" OF t.,. Ii/,' J 1 :x935.3 x 932_6 'f-_. "•¾ec,.;'j1on-, os j gJ6.ff 1 \ : ~"-l ~ others V"\ I • I ,,,, I X9323 ": x03k,J " X~32.4 ) I ,,A(faj1,53T ~931.1 --(\X9324 : X9r-9f 13,.0 \ \ I • 930.7 --\ I I -----~.-'4.----L __ '52~21 \ I I \ t---0 ___ _ ,;sed Ste \ ,-- Sq. Fl. PS\\JI I 9)1.1 ,o "' · t \ ""' c1"\0ut ·-7 ,~J1-~ . \ ,·. / 931.2 X93I I A I,,,, • 1/ .,,,Y I ,;f /: I 931.7_1/. ~\.--_,_ 'X .! ®l21;4tr i . >f-~ /i,,uf I -t •I ., __ f ~ : ' .,,,-,' • .. 1~" --, 931.3 / 929.4 929.4 ~( ;u9.4 f H929,4 1-lt I' c:, c:, <o _c:, ~ <o ~!i I /§ I VJ ~ £'i !i c;:; 932.8X /!? o/ ,,_i:1 : : ~ t :1 ,l!; :, f ~ 13,:, : ' : ' :: 930. <' ;1' : ,,: : 'l " ,:' t ,!{;: I ! · & i3o• ,4' J ,7~,, 1 If. • J 1 II ' "' I ~' • ~ ,. ( ~ 0 I X931 3 ,.S ~ ,"f I/ . f-<> ,6 1,1/ : ~l I 931.20( 1 / • I/ f X931.0 I \\ ,tfi /t.-----~t ..... 9309p_9310 .'/ I So's, X' 931.JX ',•)?.i\.'l. 'I.IFJ'er z, "'-.. ' I I °"• '1 ,' /... I ,,930.5 / I ____ j - ,' I O :-{--.!~ X931.3 / ~I~-I \. ---1 I --: _____ 1 4-YJog 04 ':U.'!I"'/ ~ I 930 9 ----..l!:~'.:::;,« \ " ,.:> .:507 7 "' 0 9304 · V-- 1' c•1. N 83'26'29" ._,__ ,tern, A w Benchmark: , --• -" Venue Top of manhole 931.5 -.___ -- 1 -Edge of Bituminous ---I ~: I ---L_ " \) - Drw. No. 061236 Sheet 2 of 2 Sheets SETBJl.CK ZONE; (CIRCLE ONE) 0-'75'1 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 1272 S.F. 1'en11t::h Width X = S.F. X S.F. X S.F. B, Landscape Rock X 0 S.F. c. Driveway X 0 S .. F. S.F. D. Patio/Deck X 589 S.F. X S.F. E. Coric.Patio X 0 S.F. X S.F. F. Landscape X = S.F. Underlain X S.F. By .Plastic X S.F. G. Other Stone Walk X 29 TOTAL HARDCOVER IN ZIJNE 1890 S.F. A TOTAL PROPERTY AREA IN ZONE 11088 S.F. B A 1890 + B 11088 100 ;= 17 .o % PROPOSED HAP..DCOVER IN ZONE A. House X 1272 S.F, i.e.ngth Wi~th S.F. S.F. S.F. B. Landscape Rock 0 S.F. C. Driveway S.F. S.F. D. Steps 0 S.F. S.F. E. Patio/Deck 589 S.F. S.F. F. Landscape S.F. Underlain S.F. By Plastic S.F. G. Other Stone Walk to be removed 0 TOTAL HARDCOVER IN ZONE 1861 S.F. A TO'rAL PROPERTY AREA IN ZONE 11088 S.F. B A 1861 + B 11088 100 16.8 %- SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250 1 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 662 S.F. t.en';(th w;.ooh X ., S.F. X "' S.F. X S.F. B. Landscape Rock X "' 0 S.F. C. Driveway Gravel Drivewal X 2697 S.F. S .F. D. Sidewalk X 565 S.F. X S.F. E:. Pat.io/Deck X 0 S.F. X S.F. F. Ret.aining Wall X 60 S.F. X S.F. X = S.F. G. Other Stone Walk X 34 TOTAL HARDCOVER IN ZONE 4018 ·S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4018 + B 14705 100 27.3 % PROPOSED HAF.DCOVER IN ZONE A. House X 662 S.F. Ler:iqth WidOh S.F. S.F. S.F. B. Garage Garal;!e Addition 575 S.F. C. Driveway Gravel Drivewa~ 2697 S.F. Additional Gravel Driveway 121 S.F. remove gravel driveway -45.6 S.F. D. Sidewalk Existinsi Concrete 194 S.F. NewStees 116 S.F. Additional Concrete 62 E. Patio S.F. S.F. F. Retaining Wall Adjusted 25 S.F. Proeosed Ret Wall 22 S.F. S.F. G. Other Stone Walk to be removed 0 TOTAL HAF.DCOVER IN ZONE 4018 S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4018 ~ B 14705 100 27.3 % ADVANCE SURVEYING & ENGINEERING CO. Hardcover at Cherry Lane Revised 1-11-07 to show additional steps. Revised 1-15-07 to show changes to addition. Revised 2-16-07 ZONE 0-75 11088 0 1890 1861 (1861) 75-250 250-500 0 0 0 0 0 500-1000 0 0 0 0 0 TOTAL AREA IN ZONE SQUARE FEET ALLOWABLE HC TOTAL HC EXISTING TOTAL HC AFTER PROPOSAL UNDER OR {OVER) 14705 3676 4018 4018 (342) Attacnect are city worKsneets tor eacn zone, please review your survey and these worksheets with the city to be sure they agree that the items snown as hard.cover are incteect narctcover uncter .their interpretaion ot their ordinances. I hereby.certify that this reporc was prepared by me or under my direct supervision and that I am a licensed Professional surveyor and Professional Engineer under the laws of the State of Minnesota. James H. Parker P.E. & P.S. No. 9235 25793 3676 5908 5879 -2203 061236 8/117123 BECK, JIM ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. I OI Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267 SURVEY FOR: JIM BECK SURVEYED: November 8, 2006 DRAFTED: November 9, 2006 REVISED: November 15, 2006 to change the dwelling designation. REVISED: January I 0, 2007 to show correct bu ilding dimensions and the proposed addition. REVI SED: January 11, 2007 to show buffer zone and new steps. REVIS ED: January 15, 2007 to show changes of the proposed addi tion. REV ISED: Febru ary 15, 2007 to address city comments. LEGAL DESCRIPTION: Lots 3, 4 and 5, Block 3, Crystal Bay View, Hennepin County, Minnesota. LIMITATIONS & NOTES: I. Showing the length and direction of boundary lines of the above legal d~scription. The scope of our services does not include determining what you own, whic h is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing im provements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing e levations and contours to show the topography of the site. The elevations shown re late only to the benchmark prov ided on this survey. Use that benchmark and check at least one other feature shown o n the ma p when determining other elevations fo r use on this si te. 5. While we show proposed improvements to your property, we not as familiar with your plans as yo u are nor are we as familiar w ith the requirements of governmental agencies as their employees are. We suggest that you review the s urvey to confirm that the proposals arc what you 1 intend and s ubmit the survey to such governmental agencies as may have jurisdiction over .your project to gain their approvals if you can. 6. We were unable to located the existing well at the time of the survey. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. I hereby certify that this plan, specification, report or survey was prepared by me or under my direc t supervision and that l am a licensed Profess ional Engineer and Professional Surveyor under the laws of the State of Minnesota. ~oono, jj Q,,~oo am -is H. Parker P.E. & P.S. No. 9235 X928.3 ' ~· ,,,, ~· ' ' ' ' ' ' ' GRAPHIC SCALE c::.::::a i I (INFEET) PROPOSED CONSTRUCTION 07-32-02-?:>iw r 0rlMYiJJq f'LAN X937.4)(9J,:1 I\' ;; )(g:!:,6,5 936.2 i~ ~,l/ ~~ !$i Sfont: Path ~ l~/:0. r;;·- '~:-...... ... --- 935.2X Lake Minnetonka ~8.5 \r -Wafers edge 11-8-06 .....,..,28.fl....t _ "1i2 XQ29.1 ~~_. I x ;~9 X93o.o X929.9 / • ., :,•"·' ,,,,_' ___,'-,. =• -""'' ---~--L-~--~f-=~--~ ,' ]X934.5 X932'i6___!5f') 00--, ---1<1930.8 , 9JS.•~~ c:')Jf;'Jg" CI ,' Ii ,' ((\ •,i1: X9:£!. , ' ',,-"' / 0 Iii,' J ' :x 935 . 3 X932.8 '/-., , I ,,-,%,',::_,, "" 1100 ,,-Os .) 9l6.§ ' \ : ~31.l 6 > 0 th&s ~\ I • ' "' I X9J2.J ": " X93b x4J2.4 ~3 ,.3 _.x9J1 .1 I X9f"9( . ,K1>j1.s r '?331 .0 930.if --t \X932.4 I \ ' -----\-'4,-----L_>:<~) \ I )f Ult 4 f l (329.4 Existing Wt:11-~~- ' \ r----' ;'" 1 St, \ ----,--- !934.0BI -, S." ps "" / 9)1 1 , ,o "' . / j ~~ ,J/,l/ J;: l \ 1' cftqJr·-7 . ,~),5 . '" ://,\ ', / "" 9" 't4 • -• ,/ / , I ,' ~ "" • ' . ,.I 9 ,/ ,!! " x/,.• , I ,, ,, 1/ 31 2 }J. lf ~ \ 1 ~· :, I ~3 1.1 x sC , /-x .. , ' " ---1---fit ,,------) I ®lzlpt-i: ~r -· - 9 ~uf I '929.4 933.lX t_, I • I ~..._ -~q, ,,,JJf' I :1 '' '__,_ ,1: ~ ., <t, .. ,.: 1 -,: ,_ ------, 931.31 I 929.4 ~ £si M\::i 932.BX lg';' :,::1 ' // : I ,' : 1 : j § :1 ,4 :1 t ~ ~,:, : I ,' • : 930. 11-t ' '' ' ~ " r ~ ""'¼. .. : I 11 , 930 .• "' 1 ' x~• ~ ~" ,, ;" ) ' ~,, I {1, bl I ~ _, <t t'-0 ,. ( ~ o I X9J1 3 f"" ,,-. , I . ,<i' l ,,f : ~$ I " 931,,/x , I . ~ f X931.0, \\ ,!'i ,,1--... ---~t .... 9Josr_9J10 ,, 1 , so·e,, x, 931 .JX / ,1g:!:,\.'l F/c,, Z. '-. ' ' °"• '1 ,' /... , ,_930.5 / I ----: -/ / 0 :-/--!q X931.3 / ,o~I .._. , \ ---~ , I ,; -----1 I I . ~ 30 ·;,0 4 N 83"26'29 " W 929.••l , ...,. --,so.oo-- \ " · Cherry Avenue 3;:_ __ - rk · -"' -------8enchmf o11: ·9Jt.5 Top of mon 1 -Edge at Bituminous --' ~; ' -L_ \) - ,31, I' ~-& ~ I.<? "' ; , I lg ' V) Drw. No. 061236 Sheet 2 of 2 Sheets SETBACK ZONE: (CIRCLE ONE} 0-75'1 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 1272 S.F. Length Width X = S.F. X S.F. X S.F. B. Landscape Rock X 0 S.F. c. Driveway X 0 S .. F. S.F. D. Patio/Deck X 589 S.F. X S.F. E. Coric. Patio' X 0 S.F. X = S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other Stone Walk X 29 TOTAL HARDCOVER IN ZONE 1890 S.F. A TOTAL PROPERTY AREA IN ZONE. 11088 S.F. B A 1890 ~ B 11088 100 17.0 % PROPOSED HARDCOVER IN ZONE A. House X = 1272 S.F. 1.e.ngth Width S.F. S.F. S.F. B. Landscape Rock 0 S.F. C. Driveway S.F. S.F. D. Steps 0 S.F. S.F. E. Patio/Deck 589 S.F. S.F. F. Landscape S.F. Onderlain S.F. By Plastic S.F. G. Other Stone Walk to be removed 0 TOTAL HARDCOVER IN ZONE 1861 S.F. A TOTAL PROPERTY AREA IN ZONE 11088 S.F. B A 1861 + B 11088 100 16.8 % SETBACK ZONE: ( CIRCLE ONE) o-75 ·1 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 662 S.F. t.en$Jtll Wi<l<ll X S.F. X S.F. X S.F. B. Landscape Rock X 0 S.F. C. Driveway Gravel Drivewax X 2697 S.F. S.F. D. Sidewalk. X 565 S.F. X S.F. E. Patio/Deck X 0 S.F. X S.F. F. Retaining wall X 60 S.F. X S.F. X = S.F. G. Other Stone Walk X 34 TOTAL HARDCOVER IN ZONE 4018 ·S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4018 + B 14705 100 27.3 % PROPOSED HARDCOVER IN ZONE A. House X 662 S.F. Leng-th W~dt.h S.F. S.F. S.F. B. Garage Gara~e Addition 575 S.F. C. Driveway Gravel Drivewax 2697 S.F. Additional Gravel Driveway 121 S.F. remove gravel driveway -45.6 S.F. D. sidewalk Existing Concrete 194 S.F. NewStees 116 S.F. Additional Concrete 62 E. Patio S.F. S.F. F. Retaining Wall Adjusted 25 S.F. Proposed Ret Wall 22 S.F. S.F. G. Other Stone Walk to be removed 0 TOTAL ~.ARDCOVER IN ZONE 4018 S.F. A TOTAL PROPERTY AREA IN ZONE 14705 S.F. B A 4018 + B 14705 100 27.3 % ADVANCE SURVEYING & ENGINEERING CO. Hardcover at Cherry Lane Revised 1-11-07 to show additional steps. Revised 1-15-07 to show changes to addition. Revised 2-16-07 ZONE 0-75 11088 0 1890 1861 (1861) 75-250 250-500 0 0 0 0 0 500-1000 0 0 0 0 0 TOTAL AREA IN ZONE SQUARE FEET ALLOWABLE HC TOTAL HC EXISTING TOTAL HC AFTER PROPOSAL UNDER OR {OVER) 14705 3676 4018 4018 (342) Attacnect are city worksheets tor each zone, please review your survey and these worksheets with the ci~y to be sure they agree that the items shown as hardcover are indeed hardcover under their interpretaion ot their ordinances. I hereby.certify that this report was prepared by me or under my direct supervision and that I am a licensed Professional Surveyor and. Professional Engineer under the laws of the State of Minnesota. James H. Parker P.E. & P.S. No. 9235 25793 3676 5908 5879 -2203 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#07-3262, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my h " d and seal this 9th day of February, 2007. Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-46i6 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, February 20 , 2007, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: #06-3225 #06-3232 #07-3250 #07-3251 #07-3254 #07-3259 #07-3262 David Carlson on behalf of875 WBW, LLC., owner of 875 Wayzata Boulevard West, RR-lB zoning district, requests rezoning of the property to RPUD R~sidential Planned Unit Development, and requests RPUD site plan and preliminary plat approval for a 9- unit residential development on this 10.4-acre site. Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district, requests a 0-75' zone hardcover variance to allow 7 .1 % hardcover where 13 .9% currently exists and 0% is normally allowed, and a 75' -250' zone hardcover variance to allow 32.5% where 35% currently exists and 25% is normally allowed in conjunction with the construction of a new single family home to replace the existing residence. Philip Carlson of Inter-Space West, Inc ., 2060 Wayzata Boulevard West, B-6 PUD zoning district, requests concept plan approval, preliminary plat approval for the creation of 10 lots and one common lot, commercial site plan approval, as well as easement vacations in order to develop the property as Amber Woods Office Centre, LLC. Mandeep and Leisa Sodhi, 4080 Dahl Road, LR-1B zoning district, request a setback variance to allow the existing deck to remain as constructed with a 0. 76 foot setback from the side property line when a ten foot setback is required and to have 27 percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent. Metro Building Co. on behalf of Guardia Development Group LLC., 940 North Arm Drive, LR-1 B zoning district, requests an average lakeshore setback variance in order to remodel the existing home which will include moving the existing attached garage to the south and constructing a three-season porch where the existing deck is located. The home is located almost entirely ahead of the average lakeshore setback line. Lake Country Builders on behalf of Kathy and Gary Gangstee, 1374 Rest Point Road, LR-IB zoning district, requests the following variances to allow modification and expansion of the existing house and garage: a street setback of 18 feet when a 12 foot setback currently exists and a 30 foot setback is required; a side setback for the existing garage of 9 feet 1 inch when a 10 foot setback is required; and 28.32 percent hardcover in the 75 to 250 foot zone when 25 percent is al1owed and 29 .35 percent currently exists. James and Corrine Beck, 3820 Cherry Avenue, LR-IC zoning district, request the following variances in conjunction with an extensive renovation and construction of additions on the existing home: lake setback variance to allow a41 .3' setback where 75' #07-3263 #07-3266 #07-3267 is normally required; a 5' side yard setback where 10' is normally required; a 0-75' zone hardcover variance to allowl 7% hardcover where 17% exists and 0% is normally allowed; a 75'-250' zone hardcover variance to allow32.1% hardcover where 27.3% exists and 25% is normally allowed; as well as a height variance to allow 3 stories where 2½ stories is normally allowed. Concept Landscaping on behalf of Kim and Mitch Olson, 3275 Carman Road, LR-lB zoning district, requests a conditional use permit to allow removal of the existing retaining walls on the property and construction of new walls. Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldur Park Road, LR-1 C zoning district, requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 48.07% hardcover in the 75-250 foot zone when 25% is allowed; and to not maintain the required lot grade of 932.5' for 15 feet from the sides of the proposed structure. Bohland Development on behalf of Calvin Presbyterian Church, 177 Glendale Drive, RR­ IB zoning district, requests a conditional use permit and setback variance for construction of a detached garage to be located northwest of the existing church building at a setback of 45 feet from the west lot line where a 50' setback would normally be required. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by February 13, 2007 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission "' To be published in the Sun Sailor on February 8, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 1/16/2007 38 08-117-23 33 000 l 3820 CHERRY AVE JAMES W & CONNIE BECK JAMES WBECK 5152 BELMONT A VE S MPLS MN 55419 38 08-117-23 33 0038 3833 CHERRY AVE HENNEPIN FORFEITED LAND CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 38 08-117-23 34 0060 3818 NORTH SHORE DR PAULA J JOHNSON PAULA J JOHNSON 3818 NORTH SHORE DR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 08-117-23 330002 3826 CHERRY AVE JR MARTIN & BJ MARTIN JAMES R & BETSY J MARTIN 3826 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0089 3825 CHERRY AVE MATTHEW B HERMAN MATTHEW B HERMAN 3825 CHERRY AVE MOUND MN 55364 38 08-117-23 34 0063 3768 NORTH SHORE DR NANCY L BLAIR :\ANCYLBLi\fR 5501 VILL,\GE DR EDINA MN 55439 38 08-117-23 33 0003 3838 CHERRY AVE MARIA E AMPLA TZ MARIA E AMPLA TZ PO BOX284 SPRING PARK MN 55384 38 08-117-23 34 0040 3818 NORTH SHORE DR PAULA J JOHNSON PAULA J JOHNSON 3818 NORTH SHORE DR WAYZATAMN 55391 PAGE: I Sll'I u.ews11apers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss . COUNTY OF HENNEPIN) Richard Hen~ri ckson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as --------=S:...=u:.:..:n-=·S::..:a:::.:ilc.:co.:...r _____ _ and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn . Stat. §331 A.02 , §331 A.07 , and other applicable laws as amended . (8) The printed public notice that is attached was published in the newspaper once each week , for ___QD_sL_ successive week(s); it was first published on Thursday, the _8_ day of February , 2007 , and was thereafter printed and published on every Thursday to and including Thursday, the __ day of ____ _, 2007; and printed below is a copy of the lower case alphabet from A to Z , both inclus ive , which is hereby acknowledged as being the size and kind of type used in the composition and publica­ tion of the notice : abcdefghij klmnopqrs tuvwxyz BY~ Subscribed and sworn to or affirmed before me on this __ 8_ day of February , 2007 . Norl21, ;{l ::;kL RATE INFORMATION (1) Lo west classified rate paid by commercial use rs for comparable space (2 ) Maximum rate allowed by law (3 ) Rate actually charged $ __ _,2=·=85"'---"'p=e,_r l=in=e $ ----'6,,_,_.=20"--"'p=e,_r l=in=e $ ___ 1'-'-.=30,,_p=e,_r =lin=e