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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. #2095 NOTICE OF COUNCIL ACTION Date of Notice: February 23, 1996 ---------------------------------------------------------------------------------------------------- TO: Steven M. Englund 3420 Minnehaha Avenue South Minneapolis, MN 55406 ------------------------------------------------------------------------------------------------- TYPE OF APPLICATION: Renewal Variance DATE OF MEETING: 02/12/96 VOTE: 4 FOR 0 AGAINST -------------------·--~----------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit application must be submitted no later than February 12, 1997. Please contact the City offices if you have any further questions concerning the review of your application. lsv CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2095 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 22, 1996 ·------------------ TO: Steven Englund 3420 Minnehaha Avenue South Minneapolis, MN 55406 TYPE OF APPLICATION: Renewal Variance ---------------------------------------------------- DATE OF MEETING: 01/16/96 VOTE: 4 FOR O AGAINST The Planning Commission recommended unanimous approval of the renewal variance application as proposed, subject to the conditions set forth in Resolution No. 3508 that granted approval of the original renewal variance. Applicant's next scheduled meeting is confirmed at the City Council at their February 12, 1996 meeting. Please note the meeting starts at 7:00 p.m. lsv • ! MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#8 -#2088 Stephen Gardiner -Continued) Mabusth reported that the vacation application was separated from the variance application. Mabusth said she was told by the homeowners' association president, Lee Harrin, that a letter was sent to each Plannni:hg Commissioner advising of their decision to have no claim of interest in the right-of-way to be vacated. Members of the Planning Commission reported that they had not received any such letter. Gardiner showed Mabusth an agreement signed by Harrin as representative for the homeowners giving up all rights of the alley way. Gardiner provided a copy of the agreement . Gardiner noted that the garage would be modified or destroyed to ensure its distance of 15' from the property line. Schroeder asked if it was critical for the applicants to receive approval from the homeowners' association . Mabusth said it was important for Gardiner and Stephens in order to develop realistic improvement plans. Mabusth also commented on the question of any legal claim by the property owner to the north and east on the vacated right of way as that property was not part of the original Ottoville plat. Mabusth also noted that Gopher 1 has been alerted, and applicant staked out the· alleyway for the utility companies to review. Confirmation of the location of any utilities is necessary before the vacation can be approved. Hawn noted that the dispersal is completed by the County, and it is their final responsibility and not the City. Mabusth agreed. There were no public comments . Lindquist moved, Smith seconded, to recommend approval of Application #2088 for vacation of JO' alleys as oiginally dedicated in the plat of Ottoville Lake Minnetonka subject to the vacation petition not being scheduled before the Council until the City has received a report from the utility companies confirming whether utilities are located within the unimproved public right-of-way. If utilities exist, applicant is to provide easements over all existing utilities. The applicant's surveyor is to provide a complete legal description for the vacation of the 30' alley for the official resolution of the City. Gardiner noted his understanding of the conditions set forth. Vote: Ayes 4, Nays 0. (#9) #2095 STEPHEN M. ENGLAND, 3855 CHERRY A VENUE -RENEW AL VARIANCE-PUBLIC HEARING 7:16-7:17 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. 13 I I I I 1vf1NUTES OF THE ORONO PLANNING CO~SSION MEETING HELD ON JANUARY 16, 1996 (#9 -#2095 Stephen England -Continued) Mabusth reported that the application is a second renewal for a lot area variance. The applicant had planned on building in 1995. In order to build on the property located in the 1/2 acre zoning district, an area variance in required. Lot width requirement is met. The original application was filed in 1993. There have been no code changes that would · impact this application nor has applicant made any changes since that original application. The applicant is aware that he must meet all other standards for development. The applicant had no additional comments. There were no public comments. Smith moved, Lindquist seconded, to approve Application #2095 for a second renewal variance. Vote: Ayes 4, Nays 0. (#10) #2097 PATRICIA A. GUTTORMSON, 3315 CRYSTAL BAY ROAD­ VARIANCES-PUBLIC HEARING-7:17-7:24 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application is two fold, the first part involves structural improvements made to the foundation of the 2-story garage located within the 0-75' setback area. The improvement involves the replacement of the masonry block foundation and repouring the cement floor. The contractor had obtained a building permit but soon found the need for total replacement. The Building Inspector informed the contractor that a variance would be required. Mabusth reported that the applicant also seeks approval of variances for the replacement of a deck located in the 0-75' setback area and in front of the average lakeshore setback line. There are hardcover excesses in both the 0-75' and 75-250' setback areas. The lot coverage is at 16.1%. With the new deck, the coverage is proposed at 14.6%. Hardcover will be reduced in both districts with a reduction of 172 s.f. or 2.19% in the 0-75' zone and 130 s.f or 4.6% in the 75-250' zone. There will no longer be an excess of hardcover in the 75-250' zone. The applicant had nothing to add to the comments made by Mabusth. 14 CITY of ORONO February 5, 1996 Steven Englund 3420 Minnehaha Avenue South Minneapolis, Minnesota 55406 Dear Mr. Englund: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The enclosed approval resolution will be presented to the Council at their February 12, 1996 meeting. You are asked to review the resolution and to contact staff prior to the meeting if you have any questions. Sincerely, c) ---z-Jt{'~~ ~ -!!yd. Jeanne A. Mabusth Building & Zoning Administrator JAM/ch Enc. Telephone (612) 473-7357 • FAX 473-0510 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Jeanne A. Mabusth Title Building & Zoning Administrator DATE: February 5, 1996 ITEM NO.: Agenda Section: Zoning Item Description: #2095 Steven Englund, 3855 Cherry Avenue -Renewal Variance -Resolution Zoning District: LR-1 C Pertinent Ordinance Section 10.25, Subd. 6 (B) -Lot area variance Required .5 acres or 21,780 s.f. Lot area required for existing lot of record= 17,424 s.f. or .4 acres (80% of required area) Existing= 16,251 s.f. or .37 acres Variance= 5,529 s.f. or 25.3% Brief Review of Application Applicant has filed a second renewal variance for lot area originally approved by the Council in November of 1993. The first renewal variance expired December 12, 1995. Applicant claimed major problems with getting construction underway in the 1995 building season. Englund has advised that in 1996 he plans to begin construction and seeks approval of a second renewal variance for lot area. The Planning Commission recommended unanimous approval of the second renewal variance to lot area subject to the findings and conditions set forth in the original resolution. For more de!ail on this review, Council members may refer to the enclosed packet of information prepared for i he Planning Commission's review. COUNCIL ACTION REQUESTED: To either approve or amend the enclosed approval resolution. ch A RESOLUTION GRANTING A VARIAN CE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #2095 WHEREAS, Steven M. Englund (hereinafter "the applicant") has an interest in property at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 9, Block 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a renewal variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a single family residence on the undeveloped property containing 16,251 s.f. or .37 acres in area where the existing zoning district would require 21,780 s.f. or 0.5 acres for minimum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This current application was reviewed as Zoning File #2095. 2. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District requiring 0.5 acre minimum area for a building site. 3. Municipal Zoning Code Section 10.03, Subd. 6 (A-1) indicates that "a lot of record . . . may be utilized for a single family detached dwelling purposes without Council approval if area . . . is within 80% of the requirements of the zoning chapter". At .37 acres the property contains only 74% of the .5 acre requirement and therefore requires Council approval. Page 1 of 5 4. The Orono Planning Commission reviewed this application on January 16, 1996, and recommended unanimous approval of the renewal variance as proposed based upon the following findings: A. Just over 16,0000 s.f. in area the combined lots contain substantial area for construction of a single family residence without the requirement of any additional variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C. The combined lots meet the required lot width of the zoning district. D. Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres of dry land, averaging about .55 acres. The combination of Lots 8 and 9 at .37 acre yield a lot size that is not inconsistent with other lots in the neighborhood. E. There is no other land available for purchase in order to make the lot size conforming. F. The City has granted previous lot area variances for this property in 1993 and 1994. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivisions 6 (B) to permit the construction of a single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards are 0.50 acres in lot area for such use, subject to the following conditions: 1. A sewer connection charge of $250 plus the current Sewer Available Charge (SAC) shall be paid at the time of the issuance of the building permit. 2. No variances other than lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%, lot coverage limitation of 15%, and all other requirements of the applicable zoning chapters shall be adhered to. No further variances will be granted for development of this property. 3. The property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. The City Engineer shall be responsible for reviewing and approving the grading plan prior to the issuance of a building permit. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 12, 1997). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 12th day of February, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 TO: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: January 8, 1996 SUBJECT: #2095 Steven Englund, 3855 Cherry Avenue -Renewal Variance - Public Hearing Zoning District: LR-IC Application: Applicant proposes a second renewal variance for lot area originally granted in November of 1993. The most recent variance approval expired December 12, 1995. Pertinent Ordinances Section 10.25, Subd . 6(B) Required area = 1 /2 acre or . 5 acre Section 10.03, Subd. 6(A-1) -Lot of record ... may be utilized for single family detached dwelling purposes without Council approval if area . . . is within 80% of the requirement of the Zoning Chapter. Lot area required = 17 ,424 s.f. or .4 acres (80% of required area) Existing = 16,251 s.f. or .3 7 acres List of Exhibits A -Application B -Property Owners List C -Development Plan E -Survey F -Planning Commission Minutes 11/21/94 G -Hardcover Facts 250-500' Setback Area H -Lot Areas of Surrounding Developed Properties I -Planning Commission Minutes I 0/18/93 J -Council Minutes 11/8/93 K -Resolution #3356 Approving Application #1883 -Original Application L -Resolution #3508 Approving First Lot Area Renewal Application #1984 Brief Review of Application Applicant proposes no changes from the original variance application approved in 1993. Although applicant advised that it was his intention to construct in the spring of 1995, he now contends that construction will commence in 1996. Zoning File #2095 January 8, 1996 Page 2 There have been no code amendments that would alter any of the pertinent findings of the original review. Applicant's development plans will be restricted to 30% allowed hardcover and structural/lot coverage will be limited to 2,438 s.f. or 15%. The building pad is located within a bowl area of the property and will require filling in preparation for the building pad. All conditions of the original variance approvals are still valid. Staff Recommendation To recommend approval of the second renewal lot area variance for Steven Englund involving the property located at 3855 Cherry Avenue subject to the findings and conditions set forth in Resolutions #3356 and #3508, Exhibits K and L. ch CITY OF ORONO -VARIANCE APPLICATION jJ ).0') '>., · Initial Application Fee $200.00 ($50 .00 per each additional variance) Renewal Variance Fee $ 100. 00 (no change from original application) Variance for non-conforming structures $200. 00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 3 8 ...-5:" C1t.!/2.e .. 1 ,4v;t., Property Identification Number (P.I.D.f OB-i!J ·Z...3 "33 oo9o Attach legal description to application if not included on required survey. q ' . f ".:_,"·"d)i Date P~ Acquired ___ A~r"-~_t_l._~/~7_7'_Y~ ___________ (month/year) I (do) ~also own the adjacent parcels of land . Present use of property : __ residential _x other (specify) __ ~_,,,,.,_~-~-----­ Zoning District: --------------------------- APPLICANT Phone (home) Jz_ f-OI 6 3 -~------Name S:r6,..1i'E ✓ /"l. 611.:,Lv~/o Phone(work) __ 7_z_o_-_9 _7_Y_:J __ _ Address: ?Yl.-.J /IJ;-.,1#.J,1.//r?N,,,+ ,4/,r_ <.:,. City:_~frl-~_L_s_, ____ Zip : ~'5</oG OWNER (if different than applicant) Phone(home) -------- Name ----------------Phone (work) ---------Address : _____________ City: ________ Zip : ___ _ DESCRIPTION OF REQUEST Estimated Construction Cost$ Describe request in detail: 1/,q,,z. '"' "-'c rL E .::. /L Lo,-A 12/2 ,q --_-/2 ___ ;~-~-',£-w-,-q L-.. (attach additional sheets if necessary) VARIANCES REQUIRED _2{ Lot Area Lot Width Hardcover Setback: Front Side Rear __ Lot Coverage Average Lakeshore __ Other (specify) ________________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _________________ _ (attach additional sheets if necessary) 7 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. _ Completed Application Form 2. _ Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list , labels and map from Hennepin County Department of Finance , A-603, Govt Center, 348-3271). 3 . _ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required . In addition, provide one (1) copy 8 ½" x 11" for reproduction . 4 . _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed . In addition, provide one (1) copy 8½" x 11" for reproduction . 5 . _ Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11"). 6 . _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application . 8 . _ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator , agrees to pay additional fees (staff time not covered by original fee payment) and/ or consultant expenses incurred in review of this application, and certifies that the information supplied is true ~y om:ct to the best of his/her knowl.edge. Applicant 's Signature ~-.,.-... )1. ~/4;,,.../ Date 12 -8 -9 S-, OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner 's Signature _______________ Date _______ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting , please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting . 8 Lr) ) ['0 r0 0 L0 0 LO 0 LO 0 LO 0 I..() c, LO 0 LlJ _J Q_ <C 2 LO 4Q : ) . .9 LO 8,2 t'---- 0) L<--- ~ 0) N 0 i4 N (87) 74 [0 0) --;.? 13 50 lo . CD t'---- 0) i 2 11 10 <D ( 4 5) ( 44) ( 43) 50 50 50 74 50 50 50 50 50 8 15 8 16 8 20 8 c"'J <'-.I N N (48) 50 50 100 (Q ,,.-:. ;:;; I 50 I 50 IO I 3 ( 89) ~ \, - 100 \ 50 50 50 50 50 50 1 50 I UD 1 1 -4 -9 1 _/ _, 23 ° 24 ~ 25 8 26 25 27 8 28 ~ N N O 0-J f' 53) ( 54 ; ( 55) ( 56) ( 57) 74 50 50 50 50 50 50 50 50 50 50 50 50 ' 65 I 57 I ~2 I I I -" ----r --1525. 72 RES 536. 25 --------- LO LO LD 238 LO CD co CD co ~ ~ ~ --'SJ" --( 6) ( 39) (3) ( 2) ( 1 ) \ , 65 57 52 =s: - -• RUN DATE 01/03/96 BATCH 501 PROP ADDR Ol'INER NAME TAXPAYER NAME/ADDR PROP Al>DR Ol'lNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR Ol'!NER NAME TAXPAYER NAME/ADDR 38 08-117-23 33 0003 03838 CHERRY AVE ARTHUR C BRAMBILLA TRUSTEE AC BRAMBILLA 3838 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0008 ·03860 CHERRY AVE R ·R ENGLUND ET AL TRUSTEES KM NEVERS 9700 PORTLAND AVES #324 BLOOMINGTON MN 55420 38 08-117-23 33 0039 03833 CHERRY AVE HENNEPIN,FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156753 38 08-117-23 33 0044 . 00038 ADDRESS UNASSIGNED D M ENGLUND ETAL COL & MRS D M ENGLUND ,5101 SPRING ROCK CT FAIRFAX VA ?2032 38 08-117-23 33 0049 00038 ADDRESS UNASSIGNED D M ENGLUND ETAL COL & MRS D M ENGLUND 5101 SPRING ROCK CT FAIRFAX VA 22032 38 08-117-23 33 0054 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED, .LAND CITY OF ORONO PARK , 4/13/79 ST DEED 156754 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Ol'lN!:RS LIST 38 08-117~23 33 0006 00038 ADDRESS UNASSIGNED RR ENGLUND ET AL TRUSTEES KM.NEVERS 9700 PORTLAND AVES .#324 BLOOMINGTON MN 55420 38 08-117-23 33 6009 0003,8 ADDRES,S UNASSIGNED RR .ENGLUND ET AL TRUSTEES KM NEVERS 9700 PORTLAND AVES #324 BLOOMINGTON MN 55420 38 08-117-23 33 0040 03843 CHERRY AVE ROBERT J ANDERSON ROBERT J ANDERSON 3843 CHERRY AVE .MOUND MN 55364 38 08-117-23 33 Q0,45 03883' CHERRY AVE PAULE & MARY J TAYLOR PAUL TAYLOR 3883 CHERRY .AVE MOUND MN 55364 38 08-117-23 33 0050 0003,8 ADDRESS UNASSIGNED D M ENGLUND ETAL COL & MRS D M ENGLUND 5101 SPRING ROCK COURT FAIRFAX VA 22032 38 ,08-117-23'33 0055 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO' · PARK 4/13/79 ST DEED 156754 REPORT NO. PI435401 PAGE 7 38 08-117-23 33 0007, 00038 . ADDRESS UNASSIGNED RR EN!pLUND ET AL TRUSTEES KM NEVERS 9700 PORTLAND AVES #324 BLOOMINGTON .MN 55420 38 08-117-23 33 0038 03833 CHERRY AVE HENNEPIN FORFEITED LAND CITY OF ORONO PA.RK 4/13/79 ST. DEED 156753 38 08-117-23 33 0043 03860 · CHERRY AVE D M ENGLUND ETAL COL & MRS D M ENGLUND 5101 SPRING ROCK CT FAIRFAX VA. 22032 38 _08-117-23 33 0048 03898 NORTH SHORE DR ROGER GRANNING & l'lIFE ROGERGRANNING 38~8 NORTH SHORE DR MOUND MN · 55364 . ·38 08-117-23 33 (1053 00038 ADDRESS UNASSIGNED HENNEPIN FbRFEITED .LAND CITY OF ORONO PARK 4/.13/79 _ST DEED 156754 38 08-117-23 33 0080 03860 NORTH SHORE DR NANCY E KRAUSE D l'l HANDLIN JR & NE KRAUSE 3860 NORTH SHORE DR MOUND MN 55364 , I 11 - -• RUN DATE 01/03/96 BATCH 501 PROP ADDR· O~lNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER. NAME TAXPAYER NAME/ADDR 38. 08-117-23 33 0084 03884 CHERRY AVE KENNETH C WEEKS KENNETH .C WEEKS 3884 CHERRY AVE MOUND MN 55364 38 08-117-23 33 0090 00038 ADDRESS PENDING. S & M ENGLUND STEVEN ·. & MARGARET ENGLUND ~420 MINNEHAHA AVES MPLS MN 55406 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST · 38 08-117-:23 33 0087 03883 CHERRY AVE PAULE & MARY J TAYLOR PAUL TAYLOR 3883 CHERRY AVE MOUND MN 55364 TOTAL BATCH 501 00022 REPORT NO. PI435401 38 08-117-23 33 0088 03852 CHERRY AVE PAGE 8 . ALLAN C & TERRIL LARSON ALUN C & TERRIL LARSON 3852 CHERRY AVE HOUND MN .B.5364 I.CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE· REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY l<NOO<LEDGE AND BELIEF. ~ c . ~ • .]' ~ DATE / ~ 96 BY ~ 7o/ P:'.kVW-:Y'-' . ' ' \ I ~ l ·• J ;2 J ;I ;i -208 CERTIFICATE OF SURVEY FOR STEVE ENGLUND OF LOTS 8 AND 9, BLOCK 7, CRYSTAL BAY VIEW· HENNEPIN COUNTY, MINNESOTA t;: ' it ,,/]. ·""'"'"!!::':_ ~ .~:::--. (L )) C:\ 1:J ,·,~ '_i., "~'AJ 11.: -· f 9 f.:c, i'; ,·1 • , •• ;·'_, -. , --,~~ \.i :'.{ I ~-. ' !lJ ~~"" \.· ./ ''----'-...:-/ \ ' I,/ ~.\.,.111,.f/ '-·~..,,.,, ~ :~ ~'!-h:.~;j~·~\-:~. '1': i\t~:I.<Rt/.:i•,;; "~ $:~.,,.,,',\, ..... ,:,. \ xr··::'.(~31_'.,~ 1 •, ,, "'""~~':~~11:t1}f}t ~ --------})-- ~•~: N Bo• 33'/2" W /o,. o ~,.,. •\ , I oo. 96 "''•r. . .. ·~'~-o ,, I ~~ I I ..... ...... ~ .. '?, ,1\ ,0 I ~,IX~ '-.: ~ 'I-<\!. ~ ~~ 0-: (X) '<> '° ' .._ ~ ~ -II) ···:· .·· (q30 • 't) I I -. I I 1;:-- 1 ,;;-· ~ 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 (q?>O. o) , ... !:--' ~ 'l-.. ~ '-! &J .(\J ~ ..,· !:b~ ········: ; ..... lJ ~ " ~ (q,i.. e,') : .. }-~-------------:).... s aa• 28' £ 10000 ~., 11:,l' t A/ fey o: dAnotes iron marker set •: denotes iron marker found ( 932. a) : d e n o t e s e x i s t i n g s p o t e 1 e v a t i o n All bearings are ,based upon an assumed datum. LEGAL DESCRIPTION OF PREMISIS SURVEYED: Lots 8, and 9, Block 7, CRYSTAL BAY VIEW This survey intends to show the boundaries of the above described property. It does not purport to show any other improvements or encroachments. ! '0i ~=:::::::::::-::::::::::-::::::~~ I hereby certify that this survey was prepared by me or under my direct super-. vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. DATE 9-2/-93 SCALE / 11 : 20 1 \1 21/4LLJ~ Mark S. Gronberg Minnesota License Number 12755 JOB NO. 93-208 .,.y 1 __________ iar-a------------------------4 ! --: -, ;-: """.!""" I n:mTH H-'lF OF £,!!STM ,1.LLEY I I I ..L-' '-- ' ---f----1~-----------------------------------------------------f-------r 10'-IJ~ I l I • I 1 • //ov5.i= b-'lrZA&fi... Cli. ck_ I ------1----------,-----f--:--=::--::-__ -__ -_-_-__ -_....,_1-__ -__ -__ -__ ....,._-,---l: f L -, --------~------ !! ,, LL 1 ' )()'-~ O.eiucwf't;;i--- 2ox.3o I I . l -----­ \ "'""" /11 1,.. -----------'"''~----------------- ---------------SET BACICS LUTUhE) )O\),,flll-lJ1( .. K,\A?nfflt911 ~1...,.:,ue~,.­ tu.1:-1..;1.:.: SQU.lAE RXITAOE W'!TH.ALLE'I' v:,n3.:,,9_ ?~<r:t ,.:P,r:-l.!.l..t~•.:-­~cu,e,::in,, 1 ::=-:n-n r, ..,_-..a1 ;.~~..;: A-::'CIP .. 1S.!V,IJ?,.'E SUt£.1ir .. 1· MINUTES OF THE ORONO PLANNING CONflv!ISSION MEETING HELD ON NOVEMBER 21, 1994 . ( #6 -# I 983 -Palm -Continued) Dave Sehok of 1680 Concordia and neighbor, Helen Trainer, commented that they approved of the proposed plan. The Applicant bad met with Staff to discuss their options. If they would have built to the back, the home would block the common yard of the homes on either side and result in more hardcover. The height of the proposed addition is not a problem. Photos were provided to the Commissioners on what the home ..... ~U look like. The Applicant also said that the foundation had been checked and found to be in good condition when they purchased the home. The shed located to the rear of the property was discussed as a means of reducing the total hardcover on the property. Smith moved, Lindquist seconded, to approve Application # 1983 for lakeshore setback variance and average lakeshore setback variance for a second-story addition. To reduce the amount of hardcover, the shed will be removed at the time of construction. Ayes 3, Nays 0. (#7) #1984 STEVEN M. ENGLUND, 3855 CHERRY A VENUE -RENEWAL VARIANCE -PUBLIC HEARING 8:40-8:43 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was . present. This application is for a renewal of a lot area variance which expired this month. The lot is located on Cherry A venue and is consistent with the development in the area. It was noted that filling is to be limited and discouraged in the rear yard where a drainage retention area exists and evenually drains under the neighbors driveway at the east. There were no changes from the original application. Smith moved, Peterson seconded, to approve Application #1984 for renewal variance for Steven Englund. Ayes 3, Nays 0. (#8) #1985 BRUCE BREN HOMES, 1000 COX FARM ROAD -CONDITIONAL USE PERl'\IlT -.PUBLIC HEARING 8:43-3;48 P.M. . The Certificate of Mailing and Affidavit of Publi~wer~ I1Qt¢(i. The Applicant was present. 6 / " Cf 12c. Lt/V) 1 A.I rl/2. / __}J HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (c IRCLE ONE) 0-75' 75-250' ~ 500-1000' ExISTING HARDCOVER IN ZONE A, · HousE x = / b D O s F -------------"--~---I I LENGTH WIDTH = X ------------s IF I = X ------------s IF I ______ x _____ _ = ______ S,F, -----X ------= ____ S,F, -----X ------= 72.o ____ S,F, '30 x _____ _ = 6 oo S,F, ------X ------= S,F, = zvo ______ S,F, ------X ------= ------s' FI P ------X ------= ------s. FI E, ATIO/ DECK ;z_ z.o z..yo ______ X ______ = ______ S,F, F,lANDSCAPE ] X b o = /8 O s F AREAS -----------------I • UNDERLAIN BY PLASTIC SHEETING G, OTHER ------X ------= ------s IF I _____ X ______ = ______ S,F, _____ X ______ = ______ S,F, ------X ------= ------s IF. TOTAL HARDCOVER IN ZONE ToTAL PROPERTY AREA IN ZoNE 3S--B o r;lA ______ S,F, ~ / lo , z_s-I rn7B ______ S,F, L.fLl / / / / / / / j / ..:l, Q / "-cf .J -, ~ ..,., ...:;, ~ ~ ,<. ~ ,j J J 1 L. ,J ..L 3 j -i.. d. ~ "' _,, _.,/ \~ \ \j\ a ,'· 0 .__ / / / / -✓ '-"'\ j --:)7 ""' t/ 0, -.I (.,C?, \~ V' f~ ... , " ~ ... .;J· . wi ;i..,, ~ \:'.J "' j ..L 0 ' ' _j ''--­ f- > 0 C) ~:··;~11 w ~·: ~~tt ' t • ' - ~ t )t > ,\ > V> lU 0: 0 0 <D a, i.n §~ f-~ > 0 C) MINUTES OF THE ORONO PLANNING COMlWISSION i'YIEETING HELD OCTOBER 18, 1993 (#8) #1883 STEVEN M. ENGLUND 3855 CHERRY A VENUE -VARIANCE -PUBLIC HEARING 9:13 P.M. -9:35 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Steve Englund were present. Gaffron explained this was a lot area variance for determining the buildabilicy of a lot that is 0.37 acre. The Zoning Code requires .5 acre. Although several relatives own neighboring parcels, no additional land is available. The lot is 100' wide and meets that standard. Some drainage improvements have been made. A drainage culvert was installed in consultation with the Public Works Department on the neighboring Anderson property. There are mature trees on the property and it is not a designated wetland according to the maps. The property is in the 250-500' hardcover zone where 30% hardcover is allowed. The conceptual proposal would not be a problem on this lot. · No other variances would be proposed. The property has been assessed for sewer and a well would be required. A 14' alley to the rear would not be necessary to vacate. 15 % lot coverage is allowed. Lot sizes vary in the neighborhood and this lot is not inconsistent with the area. Lindquist asked why Englund had no proposed house plan. Englund responded that he wanted to be sure the lot was buildable before incurring the expense of designing a home. Smith asked how much fill would be required because of the steep bank from the street to the proposed home site. Englund stated he hoped to move as few trees as possible. He would fill only what is necessary from the road to the house and the driveway would be level with the road. · Some berming may be necessary. Englund noted that fill required would be approximately 5-6' in height. A neighbor questioned what was being proposed and expressed concern over previous water problems in this area. Englund confirmed there would be no grading on the back of the lot. He noted an excessive amount of water in the spring that had drained as a result of the culvert installation. Gaffron explained there would be a significant amount of fill for the driveway and yard berming but likely none under the house. If fill comes in piecemeal before the building permit is issued, a conditional use permit would be required. If all fill is brought in at the time of house construction, it can be brought in as part of the building permit. Smith asked if how the fill was brought in could affect the drainage. Gaffron responded that a grading plan would be required before any fill was brought onto the property. 12 .MINUTES OF THE ORONO PLANNING COMMISSION ivIEETING HELD OCTOBER 18, 1993 (#8) #1883 STEVEN M. ENGLUND -CONT. Lindquist expressed his concern over the drainage issue and cautioned the applicant as he . proceeds with development of the property. It was moved by Peterson, seconded by Berg, to approve Application #1883 for Steven Englund, 3855 Cherry A venue, for a lot area variance for construction of a single family residence on a 0.37 acre parcel subject to conditions 1-5 as listed in the staff memo dated October 5, 1993. Ayes 6, nays 0. (#9) #1884 ORVILLE FISHER 475 OXFORD ROAD, AFTER-THE-FACT VARIANCE -PUBLIC HEARING 9:45 P.M -10:12 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Orville Fisher was present. Gaffron explained that a complaint had been received from a resident that there had been some tree cutting in the 0-75' zone. Upon investigation, a Stop Work Order was issued as there had been a number of trees, 6" in diameter or greater, removed in the 0-75' zone as well as intensive vegetation clearing. Tree cutting in the 0-75' setback area is not allowed by City Code. In addition, Shoreland Regulations that were adopted about one year ago prohibit intensive vegetation cutting and clearing in the 0-75' zone. Violation tags have been issued and are pending in the courts. The applicant has had previous grading violations in the 0-75' setback area on_ previous property. Staff would recommend denial of the after-the-fact variance and look at the proposed restoration plan to consider if it meets standards the City should require. Gaffron noted other activity on the property as there is a sewer connection and remodeling occurring which is separate from the tree cutting issue. Fisher apologized to the public, Planning Commission and staff regarding the tree cutting and stated it was not done intentionally. He explained that a college student had done the work while the Fishers were out of town and was given instructions not to cut within the 0-75' zone. Both the college student and Fisher incorrectly measured from the shoreline. Fisher noted he contacted a surveyor to verify the 75' setback line so they could determine the extent of the damage, and he also contacted Jeanne Mabusth to begin steps for restoration and corrections. He is not asking for approval of an after-the-fact variance but to determine what will be necessary to correct the problem. A landscaper has been hired to develop a plan for restoration of what had existed. Boxelder trees were removed but they would be replaced with trees (as large as possible) that could survive in a low level, high water table area. A boxelder is considered a weed. tree that can't be purchased :commercially so more expensive trees will be replaced. 13 CITY COUNCIL MlNUTES CITY OF ORONO NOVEMBER 8, 1993 Councilmember Kelley moved, Goetten seconded, to table #1860 Conditional Use Permit for Zelma McKinney, 3599 Livingston Avenue to allow staff to work out a parking solution. Ayes 3, Nays 0. Motion carried. *7. #1878 CHARLES AND SHIRLEY PYLE, 3548 IVY PLACE, VARIAN CE, RESOLUTION #3352. Councilmember Goetten moved, Kelley seconded, for approval of #1878 Charles and Shirley Pyle, 3548 Ivy Place, Variance to allow 75' zone hardcover variance for addition to existing residence, and adopt Resolution #3352. · Ayes 3, Nays 0. Motion carried. *8.. #1879 ALLEN AND KATHLEEN BAKKE, 1127 LOMA LINDA AVENUE, VARIANCE, RESOLUTION #3353. Councilmember Goetten moved, Kelley seconded, for approval of #1879 Allen and Kathleen Bakke, 1127 Loma Linda Avenue, after-the-fact setback and hardcover variance for deck constructed/refurbished in 1985, and to adopt Resolution #3353. Ayes 3, Nays 0. Motion carried. *9. #1880 THOMAS AND JANE REGNIER, 1205 ELMWOOD A VENUE, RENEW AL VARIANCE, RESOLUTION #3354. Councilmember Goetten moved, Kelley seconded, for approval of #1880 Thomas and Jane Regnier, 1205 Elmwood A venue, renewal of side street setback variance for construction of additions to the existing residence, and to adopt Resolution #3354. Ayes 3, Nays 0. Motion carried. 10. #1882 JOHN M. O'SULLIV AN/O'SULLIV ANS, 2420 SHADYWOOD ROAD, COMMERCIAL SITE PLAN REVIEW Assistant Planning & Zoning Administrator Michael Gaffron gave the staff report and stated that an agreement had been reached and staff would draft a resolution amending the commercial site plan approval for Council action at their next meeting. *11. #1883, STEVEN M. ENGLUND, 3855 CHERRY A VENUE, VARIANCE, RESOLUTION #3355. Councilmember Goetten moved, Kelley seconded, for approval of #1883, Steven M. Englund, 3855 Cherry A venue, for approval of a lot area variance for construction of a single family residence on a 0.37 acre parcel, and adopt Resolution #3355. Ayes 3, Nays 0. Motion carried. 12. #1884, ORVILLE FISHER, 475 OXFORD ROAD, VARIAN CE, RESOLUTION #3356. Councilmember Goetten moved, Kelley seconded, for denial of #1884 Orville Fisher, 475 Oxford Road for an after-the-fact variance and to adopt Resolution #3356 denying the variance. Ayes 3, Nays 0. Motion carried. 4 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SER\'!CES MAY 20 ?994 BY____ L o£Pun ~~N 6288601 CITY of ORONO RESOLUTION OF THE CITY COUNCIL a c""i -,· NO. c"; .. ·. ::; A RESOLUTION GRANTING A V ARIA1~CE TO MUNICIPAL ZONING CODE . SECTION 10.25, SUBDIVISION 6 (B) FILE .#1883 WHEREAS, Steven M. Englund (hereinafter "the applicant") has interest in the property located at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 9, Block 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence on the property containing 16,251 s.f. or 0.37 acre in area where the normal zoning district requirement for lot area is 21,780 s. f. or 0. 5 an acre for single family detached dwelling purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1883. 2. The property is located in the LR-lC, Single Family Lakeshore Residential Zoning District, requiring 0.5 acre in area for a building site. 3. Municipal Code Section 10.03, Subdivision 6 (A-1) indicates that "a lot of record ... may be utilized for single family detached dwelling purposes without Council approval if area ... is within 80% of the requirements of the zoning chapter". At 0.37 acre, the property contains only 74% of the 0.5 acre requirement, and therefore requires Council approval. Page 1 of 5 F°"'5005 OiskO.,,., CITY of ORONO RESOLUTION OF THE CITY COUNCIL -, NO. u --,-,- 4. The Orono Planning Commission reviewed this application on October 18, 1993, and recommended approval of the proposed variance, based upon the following findings: A. At just over 16,000 s.f. in area, the combined lots contains substantial area for construction of single family residence without the requirement for any other variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C. Developed lot sizes in the neighborhood range from O .14 acre to 1. 5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the neighborhood. D. Their is no other land available for purchase in order to make the lot size conforming. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 f«ffl5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL r:,,., ~, -~ . NO. '.:'; --: ,;:', 0 ~ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivisions 6 (B) to permit the construction of a single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards require 0.50 acres in lot area for such use, subject to the following conditions: 1. Lots 8 and 9 shall be legally combined prior to issuance of the building permit. 2. A sewer connection charge of $225.00 plus the current sewer available charge shall be paid at the time of building permit issuance. · 3. No variances other than the lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30 % , lot coverage limitation of 15 % , and all other requirements of the zoning chapter, shall be adhered to. No further variances will be granted for development of this property. 4. Property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application.· 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 8, 1994). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Fann 5005 Dist 0nm CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO._-'-------- Adopted by the Orono City Council on this 8th day of November, 1993. Dor thy M:-a in, City Clerk L;J/.~~ rn~o-~ Property Owner( s) I' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of November, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12~19-97 Page 4 of 5 · STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. i~ f) :i, - . {l ' ') / On this <i D f-h day of 1 ~ , , l 99_f-_ before me a Notary Public within and for said county, personal(y appearec!Jlf,ua,<< )JJ . ~ilL:rt1l ccnd~ known to me to be the person(s) descril6ed in and who executed -----------the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) TY PUBLIC On this J.,,2 ..UT) day of /J ~ , 199 _l_ before me a Notary Public within and ~or said county, person';JgW,red /¼ ~ t2. ~ ~,£_,, ___________ known to me to be thepb'son&) desc~d who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My COOlm. Expires 12-19-97 Page 5 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 ~ o R A RESOLUTION GRANTING A VARIANCE TO l\HJNICIP AL ZONING CODE SECTION 10.25, SUBDMSION 6 (B) FILE #1984 WHEREAS, Steven M . Englund (hereinafter "the applicant") has an interest in the property located at 3855 Cherry Avenue withln the City of Orono (hereinafter "City ") and legally described as follows : Lots 8 and 9, Block 7 , Crystal Bay View , Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10. 25, Subdivision 6 (B) to permit the construction of a single family residence on the undeveloped property containing 16 ,2 51 s.f. or 0.37 acre in area where the existin g zoning district would require 21,780 s.f. or 0 .5 acre for minimum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono , Minnesota: FINDINGS 1. TliJs application was reviewed as Zoning File #1984 . 2. The property is located in the LR-lC , Single Family Lakeshore Residential Zoning District , requiring 0.5 acre minimum area for a building site . 3. Municipal Code Section 10.03 , Subdivision 6 (A-1) indicates that "a lot of record ... may be utilized for single family detached dwelling purposes without Council approval if area ... is within 80% of the requirements of the zoning chapter". At .37 acre , the property contains only 74% of the .5 acre requirement , and therefore requires Council approval. Page 1 of 4 form 5005 Oisk CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ ~ ~--~· -NO. e. :'"":: ;•. 1(1 4. The three member Orono Planning Commission reviewed this application on November 21, 1994 and recommended approvai of the variances as proposed, based upon the following findings: A. At just over 16,000 s. f. in area, the combined lots contain substantial area for construction of single family residence without the requirement of any variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C. Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0. 37 acre yields a lot size that is not inconsistent with other lots iI1 the neighborhood. D. There is no other land available for purchase in order to make the lot size conforming. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 Form 5005 Disk Ore CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 f"~,f'", NO. "':> ,,: o CONCLUSIONS, ORDER AND CO1'1DITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards require 0.50 acres in lot area for such use, subject to the following conditions: 1. A sewer connection charge of $225. 00 plus the current Sewer Availability Charge shall be paid at the time of building permit issuance. 2. No variances other than the lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30 % , lot coverage limitation of 15 % , and all other requirements of the applicable zoning chapters, shall be adhered to. No further variances will be granted for development of this property. 3. Property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 12, 1995). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 form 5005 Disk Orone CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 ;o-, f":i ,;:":) NO. __ ~_0_u_· _a_· --- Adopted by the Orono City Council on this 12th day of December, 1994. Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of December, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a ivlinnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) >. On this 1 ..I -1_cday of ;Vl t~ V , 199 .5'..,..before me a Notary Public within and for said county, personally appearfci ..)···k:.li.',J 11/. £Jc:/,.,, 1J-+ ;JJ a·/'•· ti r -2 I · . E,,·. ,, ;1 J ,h 4 ,-,,· .. known to me to be the person(s) described in and who executed the forego g instrumerr't,and ' acknowledged that he (they) executed the same as his (their) free act and deed. LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Exoire, Jan. 31, 2000 f ~~~~~~----q -, NbtARY PUBLIC Page 4 of 5 Form 5005 Disk , STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 ;~ <'fl ~ NO. • ".) 'v v On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared ------------------known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared _________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared _________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 r~ 1//)5 Oisk G CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, i\1N 55323 . Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Tuesday , January 16, 1996, the meeting commences at 7:00 p .m., on the matter of reviewing the following land use applications: 1. #2095 Stephen M. England, the owner of an undeveloped property located at 3855 Cherry A venue , has filed a renewal lot area variance to allow the development of the residential lot. 2. #2097 Patricia A . Guttormson , the owner of the property located at 3315 Crystal Bay Road , has applied for lak:eshore and rear setback variances and hardcover variance within the 0-75' setback area to approve after-the-fact structural repairs to a detached garage and to permit the rebuilding of an attached deck. 3 . #2098 Kari and Paul Romportl have applied for a lot area , lot width , hardcover , lot coverage and front and side setback variances to permit the rebuilding of a new residence structure with attached garage on the property located at 4101 Highwood Road . 4 . #2100 Robert and Debra Edmunds, the owners of 1030 Tonkawa Road , have applied for a lot width variance and a conditional use permit to permit construction of a new residence involving the filling of approximately 600 cubic yards of fill that by code cannot be authorized under a building permit for the new residential construction. 5 . #2 102 Howard and Elizabeth McMillan , the owners of 1275 Lyman A venue, have applied for a conditional use permit and variance that would involve the excavation of an open water area within a designated wetland of the City where the code would not allow such alterations . 6. #2104 B. Scott Ball , owner of 1065 West Ferndale, has applied for lot area, lot width and average lak:eshore setback variances to permit the construction of a new residence to replace the existing residence structure. All persons wishing to be heard will appear at this meeting . Written comments are solicited. Plans are available in the City Offices for review, by appointment. City of Orono By: Planning Commission Qra2 e 1C: ~.«¼, - nne A . Mabusth . ~ Building & Zoning Administrator ·.--.: ;.·; . -' . ---·--:.: -, .' , .. - To be p~blished the week of January 1, 1996 . CITY OF ORONO 2750 Kelley Parkway, P.O. Box H · .. Crystal Bay, MN 55323 1 PhoniUil'-2):41'.3-'.1357 . __ FalC 47.3-.()510 ~ • <' />:( ;•~~'•·· 0 •.~:\ r'.'':'.J;'·t' ~~;ri;JF?hA~£~~iiia;t~;;i:4~l~- Kelley Parkway on Tuesday, January 16, ;1 1996, the meeting commences at 7:00 p.m:, j on the matter of reviewing the following land / use applications: '· · . .,, l 1. #2095 Stephen M.· England, iiie owner of ! an undeveloped property located at 3855 Cherry Avenue, has filed a renewal lot area variance to allow the development of the residential lot. . 2. #2~~;--p~;ricia ·l ?~uttor~so~; ~ ~er I of the property located at 3315 Crystal Bay Road, has applied for lakeshore and rear setback . variances and hardcover variance 1 within the 0-75' setback area to approve I after-the-fact structural repairs to a detached I garage and to permit the rebuilding of an I attached deck. : · , ,. , I ~~-. ._ ~x: -. •.· • , • ·.· ( 3., '#2098 Kari and Paul Rampart!· have applied for a lot area, lot width, hardcover, lot coverage and , front and side setback variances to permit the rebuilding of a new residence structure with attached garage on . the property located at,f~01 HiAhwood Road: : 4, #2100 Robert and~Debra Edmunds, the owners of 1030 Tonkawa Road, have applied ior a lot width variance and ·a conditional use ! permit . to permit construction of a new ; residence involving the filling of approximately 600 cubic yards of fill that by code cannot be authorized under. a building permit for the new residential construction. · i".tiiici2 Howa;d a~d Elizabeth McMil~: t~e , · owners ·of 1275 Lyman Avenue, have applied-I for a conditional use permit and variance that ' would involve the excavation of an · open water area within a designated wetland of the , City where the code would not allow such alterations. . > •• .. _·.cc :· _· '" . : . · I .: ... ,.. I \;,_ F ;_ _;·, .... ,_ ~ . 6. #2104 8. Scott Ball, owner of 1065 West Ferndale, has appiied for lot area, lot width and average lakeshore setback variances to permit the construction of a new residence to replace the existing residence structure. All·persons wishing to be heard will appear at this meeting.· Written comments are solicited. ' Plans-are available in the City Offices for . review, by appointment. City of Orono By: Planning Commission Jeanne A. Mab\Jsth Building_ & Zoning Administrator . (Published in The· Laker and Pioneer Jan. 1, 1996) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A .07, and other applicable laws, as amended. 8 .) The printed &mfi I/ti,// apa~/ which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: It was first published the /J day of---=-,,µ..eu..,..=,:;......--19&_ and was thereafter p :inted a 1 d published eve~ Monday, to and including Monday, the __ ctayof~ ~ . 1 ~uhorizedAgent Subscribed and sworn to me on this a e n orma ton (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. · (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05.