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Receipt
'7 ■ Initials
Ms99911/
CITY OP ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00 ($50.00 per each additional variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
PROPIMM LOCATION
(1
Site Address .CEi 15 (, trio yowl1
AuA l)
Property Identification Number (P.I.D. ) ,rO / 17 10C'0 j
Please check one - Is the property _)S,_ abstract or _ torrene7
Attach legal description to application if not included on required survey.
---------------------------------------------------------------------------
APPLICANT Phone (home) 4'71- MI 01
Name WILL-Mw L 'Ph`one (work) 1131- LIn
Address: �64 ; CAC(o �4. RPCity:iJL, Zip: L I ____ _____
ONNn (if different than applicant) Phone (home)
Name
Address:
Phone (work)
City: Zips
Date Property Acquired (month/year)
-__-_I (do) ({do not also own the adjacent parcels of land.
PRiBaT DEE OF PROPERF_
Present Zoning District I FAm.6d4 1..Akt:NcfF REC,pCw-ro-
Present Use of Property Residential
Other (specify)
ONNCRIPTION or RNpuERT Estimated Construction Cost $(::>
Describe request in details Tr .3 E*ISTO6 UbJ[✓ram w fUrirwF
Cu" D 71JO
VARIANCNE REQDIRND
Lot Area Lot Width Hardcover
Setback Variances (_ Front Side Rear)
Other TJ u.ST �uSnl. ��t Bvlr�fc 1 0' SyRP -rr FAU&' f
____M__._-_________"'_�_________________-_-__________-_-__-_____________-_
N" UR(V N .
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: -rcFgOi (,io.+.D BE tMP.�'i PPnF
. IYTLL AA.J 4,yp _[Mr, f,f. T1 F1.nu Qp4f,�..l.4
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual propj�erty conditions preventing compliance with Zoning
Code Requirements: 511r(f Nlfo — lh.a i.1111F,„4. 6AA. &_ U_,o 9w,) 4(74.f.
REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you can obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (410) pre -addressed to each of the
names on the above list with no return address.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
___________________________________________________________________________
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.
Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature
-----------------------------------------
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay all fees and/or
un.iaual expenses incurred in review of this application, and certifies that
the information supplied is true and correct to the best of his/her
knowledge. `\ '
Applicant's Signature (jIA I Dat^ to °•,+-1
OkgUIRS SIGNATURE
The owner hereby ackowledges and agrees o this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verificatio,9 of this ues//tt ,
Owner's Signature (�< _ v ,1L'u -- ______Date
________________________________9 _____ -------
Applicant must have all submittals into 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, and, if an
applicant is unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agent attend in your place and to advise the
Building i Zoning Office of this change prior to the meeting.
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FUN DATE 05/20/87
BATCH 001
So 20-I17-23 IS 0001
^
PROP MDR
02683 CASCO MINT RD
=:ER TUNE
BEVERLY SMIRLING
TAXPAYER
BEVERLY SXERLRIG
IOME/AOCR
2552 W LAKE OF ISLES MW
^
MPLS MI $%as
n
10 20-117-23 23 0004
PROP MDR
02697 CASCO POINT RD
0:01E1 NNE
A A C XA11E
TAXPAYER
A WFEICE NAME
^
IUME/MDR
2697 CASCO POINT RO
WTSATA NI 55391
y
30 20-I CASCO
PROP AOOR
M NT RA
CASCO PRIM RD
NAME
ALHOUEER NOLZER ETAL
ALEXA
.-�
TAXPAYER
TAXPAYER
♦ NOIZER
NAME/AppR
2677 CASCO PT RD
WAYLTA MI 55391
36 20-117-23 24 0020
PROP AMR
O2750 CASCO MINT PD
.�
11I2ER NAME
BALE A CWISTUISIN A WIFE
TAXPWR
DALE A CHRISTENSEN
NAME/ACOR
2750 CASCO POINT RD
OR@A3 NLN 55391
.� MOP ADDR
=ER HAKE
TAXPAILF TOTAL DAMN
NAHE/MOR
OCI Coale
HENEPIN CYARRY PROPERTY INFORWTIMI SYSTEM
PROPERTY OWRERS LI5T
35 20-I17-23 23 COCA!
02691 CASCO POINT RD
ROBERT R MAT ETAL
ROBERT N NIAIT
2691 CASCO PT M
WAYZATA NI 55391
30 20-I17-23 23 aces
02215 CASCO POINT RD
M A 5 LE0101ASOT
MIMAEL A BEVERLY LERAIAROT
2715 CASCO M RD
mom Not S5391
So M-111-23 24 0001
026M CASCO MINT RD
THEODORE C DANfIS
DAVID RIRAELE
26" CASCO MIM ROAD
WYZATA 1N 55391
36 20-117-23 24 call
02710 CASCO POINT RD
MIARO T MARTIN
"Stir SEARCH 2%6
400 SIIE"M PLAZA S
MPLS Not 55426
REPORT NO.
PI43540I
PACE
1
N 20-I17-23 23 0003
0.69S CASCO POINT RD
W E A BURY
NILLARD A F32U N B1IDY
2695 CASCO POINT RD
OROI10 NI 55391
35 20-I17-23 23 0006
0Z745 CASCO POINT RD
S R PETEPSCII A K A PETERSON
STEVEN R PETERSONI
2745 CASCO POINT RD
WYZ.ATA NN 55391
IS 20-117-23 24 0009
026M CASCO POINT RD
e. T
TIEWME C DANTIS
DAVID RINOQE
2684 CASCO PT PO SO
-
WYZATA MI SS391
�•
IS 20-117-23 24 0022
02700 CASCO POINT RD
R A T ROLF
NEVIN E ROLF
2700 CASCO PT No
�.
WYUTA NI S5391
A
RUN DATE 05/20/87
A BATCH 001
A
n
n
1
n -
NEUEPIN CBUTTY PROPERTY IU ORMATION SYSTEM
PROPERTY OAERS LIST
REPORT W. PI415401
PAGE 2
I CERTIFY MY THE FACTS PEPRESEMEO ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON VE PECDRDS
OF ME HEUREPIN COMFY DEPARTMENT BF MOPE TAXATION.THE BEST
OF MY SNDNLEDGE AND BELIEF. ,0�Y/
OAT��T
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license rt.)uested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or license.
3. The information may be shared with other local, state
or federal agencies to the extent necessary to process
the permit or license.
4. If your requested permit or license reqires council
action to approve, some information may become public.
5. You have tertian rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this applic:.tion or permit.
WILt-IRJ L� t�tl,,Y -
Pr t Midd a Last
Address
UJFi"'HTA
'birth knot apply to building/general permits)
171 1'7u I
Phone
I u a eta n/d y ig is a and above.
X ,(
Signature I-___
CFITIFICAT6 OF NAILING
STATE OF MINNESOTA )
I
COUNTY OF HENNEPIN
CITY OF ORONO )
I, Jamie Boama, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of 11160, was mailed to the attached li•'
of property owners .
In Witness whereof, I have hereunto set my hand and seal
this 29th day of May, 1987.
Ja Roams
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers
at 1275 South Brown Road on Monday, June 15, 1987, on the matter of the
following land use applications:
1. 11148 St. Edwards Episcopal Church, 865 Ferndale Road North -
seeks a conditional use permit to allca a day care use and Montessori
school.
2. 41152 Frank Janecky, 3145 North Shore Drive - seeks a variance to
the average lakeshore setback line to permit the installation of a
second floor deck.
3. 41153 Richard Erickson 6 Julie Cordy, 1295 Sixth Avenue North -
seek setback and hardcover variances to allow the constructiun of
access stairs within the lakeshore protected area.
4. 41154 Paul Vitko, 80 Cygnet Place - seeks a conditional use
permit to allow the filling of a pond on his residential property.
5. 41155 T;oyd Draper, --955 Webb Street - seeks a lot area variance
to build a rc:;: c. ccc n an undeveloped lot.
6. 41156 Lloyd Draper, 1929 Fagerness Point Road - seeks a lot area
variance to build a residence on an undeveloped lot.
7. 41157 Walter F. Rrake, Jr., 1380 Rest Point Road - seeks street
setback, average lakeshore setback and hardcover variances to allow
the construction of a major addition to the existing residence.
8. #1158 Robert C. Schmitt, 1475 Shoreline Drive - will require a
conditional use permit to permit grading within the lakeshore yard of
his property.
9. 41159 Franklin Groves, 215 Hollander Road - will require a
conditional use permit to allow the grading and filling of his
property for landscape purposes.
10. 41160 Willard Bury, 2695 Casco Point Road - seeks a hardcover
variance to allow the installation of a driveway to his residence.
11. 41161 Randy Weestrand, 525 Orchard Park Road - seeks a lot area
variance to allow the construction of a residence on an undeveloped
lot.
12. 01162 Randy Weestrand, 525 Orchard Park Road - will require a
conditional use permit to construct an access drive through a
designated wetlands.
All persons wishing to be heard will appear at this time. The meeting
starts at 7:00 P.M. Written comments are solicited. Plans are available
for review in the City offices, by appointment.
By: Planning Commission
Jee 11, A. Me busth, Building 6 Zoning Administrator
To be published the week of June lot, 1987.
+ am maiwimfaww'erlp'aaal.ae5 AHldniflf of PubNcatlon
a«Ilaa>.hrrerrrearrw�v.
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I"'••^0^••te•'•"''•'O ••'"•'N'•^WR' Bill Holm, 1>airg duly sworn, on oath says That he IS
a , aacala now m
� I lea wove c,K.w1 r AM only an authorized agent and employee of the WDhshe•
i3°e wa" •^1e "a°" •"" ••� e10 of the newspaper Frown as THE TAKER. Mound Min.
Iwe,ww vnrew +e rw m, caennm
q •ern qan wNln la le••IIa• aal•„ae neaote, and hab full knowledge of the facts which are
y v� ao aa°a RI.a , •ar•. staled below
• aalsler Ilan souse ro,a,a IN, +lee q •
,as Lroye � 3eae� ae must A.) The newspaper has complied with all the require.
Ida„ • Ia Rw vrwu 10 wm, w'.edvd ments constituting qualifications as a qualified
mn "ID•�uweo-p.'9"F - rwvrl newspaper, as provided by Minnesota Statute
I•°••-••••••1°'a••'•'+•'°•'••l•e •'s' 331A.02, 331A.07, and other applicable laws. as
area an n wavaadae br
r I+sr wwrr rvrd..xtasowr sow emended.
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E.Ke ad 14 Sou...... ww. $3 03 pal •M.n
HARDCOVER CALCULATION WORKSHEET
Setback Sam, (eirels cool 0-75• 7S-sic•. 250-500• 500-1000•
EaletlN Eardeswr In roM
a. ow" M,
length Width
Li
// A / ..[.
1 1
A S.F. e. Dar
e. DrivewP a 0(, ` G.f.
20 Ga.
d. EldewA k�,_ D a �� . 5 .1 e.f.
r F
x s.f.
0. Patio/ ,C K.t 7 C Ga.
Deck
a e.f.
t. Landscape _ a Ga.
Gross
aedsalaln a . e.t.
DF plastic
shooting a s.f.
A s.f.
x s.f.
x o.f.
TOTAL EXISTING HARDCOVER IN LONE Ga. (1)
n
Existing Hardcover a . Torsi Existing Hardcover a 100 -
Lot Area Within
Zang
r
e.L a 100 . //Y• I O
'1'
S.F.
Additional Hardcover to he added in tone,
r.
Item Length a width
TOTAL G.f.
■
s.f.
x
. ..
a
a.f.
_ ■
G.f.
TOTAL S.P. TO BE ADDED
(s)
Existing Hardcover to be b.ovsd, if any.
It" Length x width
TOTAL G.t.
X
S.F.
x
G.f.
x
s.f.
x •
5.1.
r�
1 j TOTAL E.F. TO BE REMOVED
13)
Final Hardcover Proposal.
[Line (1) • Lino (2) -LIM (7)1
[ • -
1 . a.f. (f)
Existing To be Added To be Rwoved
Final
Proposed Hardcover a .
Line a a 100 . :� a.f. a 100 _a
Line (1) s.f.
ORONO HARDCOVER CALCULATION WORKSHEET
LAKESHORE A. Existing B. Existing C. Existing hardcover hardcover D. Proposed E. Proposed F. Allowed
SETBACK lot area hardcover hardcover hardcover
;AI
ZONE in zone in zone percentage in zone Pe -A) x 10 percentage
IIOiAI x 1001 IID300)
0-75' F?'7 sf sf s£sf % _ 0 �e
75-250' sf �! sf / �e 'N"T—) sf _�_% 25
250-500' ,k700 sf 1Jn0 sf sf � .9—�Ee 30�
500-1000, N sf sf �� of % 35
Directions:
A. Existing Lot Area in Zone - includes the total square footage of dry buildable land
within the specified zone.
B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks,
driveways (gravel or paved) and other rain -impervious surfaces within the specified none.
C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100.
D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional
hardcover. —
E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100.
F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed
the allowed percentages in column F, you should contact the Zoning Department at 473-7357
to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal
of existing hardcover matches the additional hardcover proposed, resulting in no net increase
of hardcover in a specified zone, a variance may not be necessary.
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City of Orono
Document Form
November, 1979
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT FOR
Name of Development
(Name of Developer)
THIS AGREEMENT, Made and entered into this day of
, by and between the City of Orono,
a municipal corporation organized under the laws of the State of
Minnesota (hereinafter called "City"), and —
its heirs, successors
and assigns, (hereinafter called "Developer").
W I T N E S S E T H:
WHEREAS, the Developer has made application to the City
Council for approval of
AND, WHEREAS, the City Council has granted approval for
such development on the condition that the Developer enter into this
agreement to pro•7ide for the installation of improvements hereinafter
described on the terms and conditions hereinafter set forth.
Initials of Developer
Initials of City Clerk
page 1 of 7
NOW, THEREFORE, in consideration of the premises and of
the mutual promises and conditions hereinafter contained, it is
hereby agreed as follows:
1. Property Description:
.2..Z75 C.R �`Cq POLE PAD.
2. Improvements: In accordance with the policies and
ordinances of the City, the following described public or private
improvements (hereinafter collectively called the "Improvements")
shall be constructed and installed on the terms and conditions
hereinafter contained:
LouCi'..f�'M Oa �t 1'1V,� C..T 'T 4c.i,C" ,��LJ/DE
1 cn
3. Construction Plans: The following described detaile
plans and specifications for the complete installation of the
Improvements shall be submitted by the developer for the approval of
the City prior to the start of construction. The Plans and specifications
shall conform to all current City standards for all applicable work.
Initials of Developer
Initials of City Clerk _
Page 2 of 7
4. Construction of Improvements
A. Commencement Date - The construction of
Improvesents shall begin no later than
B. Completion Date - All Improvements shall be
completecno later than
C. Contractors - The Developer shall select,
retain and supervise the Contractor(s) responsible
for Improvement construction. The City reserves
the right to require satisfactory proof of successful
experience and adequate financial status of any such
contractor. Where required by City ordinance, the
contractor shall first obtain a license from the City.
D. Pre Construction Conference - Prior to the start
of any construction, the Developer and the Developer's
Contractor shall meet with the responsible City official
to review construction plans and schedules.
E. Permits - Prior to the start of any construction,
the Developer's Contractor shall apply for and receive
all necessary permits from the City and/or government
agencies having jurisdiction.
F. Construction - The construction, installation and
materials shall be in accordance with the plans and
specifications approved by the City.
C. Insurance - The Developer will cause each person
who constructs and installs any Improvement to maintain
complete insurance coverage including Workmen's
Compensation, Liability and Property Damage.
Initials of Developer _
Initials of City Clerk
Page 3 of 7
5. Performance Deposit: For the purposes of assuring
to the City that the improvements will be completed according to
the terms of this agreement, and that the Developer will pay all
claims for work done and materials and supplies furnished, the
Developer has deposited with the City at the time of the execution
of this agreement, a surety performance bond or an irrevocable
letter of credit in a form satisfactory to the City providing that
the City 1s able to draw upon such bond or letter of credit in its
sole discretion to complete the Improvements if the Developer fails
to satisfactorily complete the work prior to the completion date
specified in Section 4 above. The amount of such deposit shall not
be reduced before substantial completion of the Improvements,
A. Surety Performance Bond - If a surety performance
bond is deposited with the City, said bond shall
be written in a form satisfactory to the City and
shall name the City as obligee thereunder. The
bond shall be conditioned upon performance by the
Developer of its obligations hereunder.
B. Letter of Credit Expiration - If an irrevocable
letter of credit is deposited with the City, said
letter of credit shall expire no sooner than six
months after the completion date specified in
Section 4 above, or no sooner than
whichever is later.
C. Performance Deposit Amount shall be 150% of the
estimated construction cost.
c N
Estimated Construction $
av
R 150% = Deposit Amount $ �C)Sifl J
6. Fees and Expenses: The Developer agrees to pay all
City fees required per the current City Fee Schedule and further
agrees to completely reimburse the City for all the variable additional
expenses it incurs in regard to the review and approval of the
Improvements including, but not limited to, direct City payroll and
overhead, costs, and fees paid to consultants and other professionals.
Initials of Developer
Initials of City Clerk
Paqc 4 of 7
7. Resolutions of City: Developer agrees to be bound
by the provisions set forth in all resolutions of the City Council
approving the Development.
8. Binding Effect: The terms and provisions hereof
shall be binding upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties hereto.
References herein to Developer, if there be more than one, shall
mean each and all of them. This agreement at the option of the
City shall be placed of record so as to give notice hereof to sub-
sequent purchasers and encumbrancers of all or any part of tha
property.
9. Notices: Whenever in this agreement it shall be
required or permitted that notice or demand be given or served by
either party to this agreement to or on the other party, such
otice or demand shall be delivered personally or mailed by United
States certified mail (return receipt requested) to the addresses
set forth below. Such notice or demand shall be deemed timely given
when delivered personally or when deposited in the mail in accordance
with the above.
Notice to City Notice to Developer
City of Orono
Clerk/Administrator
P.O. Box 66
Crystal Bay, Mn. 55323
Initials of Developer
Initials of City Clerk
Page 5 of 7
10. Incorporation by Reference: All plans, special pro-
visions, proposals, specifications and contracts for the Improvements
furnished and let pursuant to this agreement shall be and hereby are
made a part of this agreement by reference as fully as if set out
herein in full.
11. Di -claimer by City: It is understood and agreed that
the City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the
Developer or Developer's contractors, subcontractors, materialmen,
laborers, or any other person, firm or corporation, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character, arising out of or by reason of the execution of this
agreement or the performance and completion of the Improvements.
12. Hold Harmless and Indemnification: The Developer
shall indemnify and hold harmless the :ity, the City Council, and
the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City,
City Council and agents and employees of the City may suffer or for
which it may be held liable, arising out of or resulting from the
assertion against them of any claims, debts or obligations in con-
sequence of the performance of this agreement by the Developer, its
employees, agents or subcontractors, whether or not caused in part
by a party indemnified hereunder.
13. Remedy for Default: Default by the Developer of any
of the terms of this agreement shall automatically result in the
suspension or withholding of all permits, licenses, occupancy
certificates or other authorizations issued by the City in connection
with the property included in this development.
A. The Developer hereby grants to the City, its agents
and its employees, the right to enter on the property
for the specific purpose of constructing or completing
any and all of the agreed upon Improvements should the
Developer not complete those Improvements by the date
specified in Sectior 4-B.
B. The remedies afforded to the City under this Section
shall be in addition to any other remedies to which the
City may be entitled by law or other agreement.
Initials of Developer _
Initials of City Clerk
Pa,,,, 6 of 7
IN WITNESS WHEREOF, the City and Subdivider have caused
this agreement to be duly executed on the day and year first above
written.
In Presence Of: CITY OF ORONO
Reviewed for Administration:
Date:
Paqe 7 of 7
By
(Mayor)
By_
(City Clerk)
DEVELOPER
And
(City Official
IOW[fT
s�NAt.T
Gm�011ATfON
aor ]an uu✓bn.. M.—rm. "343
av a3a non
OF
Dear Bill:
We are pleased to quote on the two driveway pads you want installed in your
drive at the above address. We will excavate the existing grade to 6 inches, had
add 4 inches of crushed rock base and 2 inches of 2341 asphalt wearing course.
These will be 100 feet long and 24 inches wide placed at your direction.
We would anticipate doing this work in the early summer of 1987 after settle-
ment has taken place on the fill installed in 1986.
Total coat for the above work is $650.00 payable upon completion.
Thanking you for the opportuni y of quoting, I remain,
Very truly yours,
MIDWEST ASPHALT CORPORATION
Richard B. Bury, P.E.
President ��JJ
hereby to furnish material and labor — complete in accordance with abo" sWibcabms. for the sum of
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RAMSTAD, THEISEN & KENNEDY
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]EIS IMAu.D.RNE DRIVE
CEDARVAI{ HIGHLANDS
EAGAN. MINNESOTA 5519
ROGER J. RAMSTAD
JOEL A. THEIEEN
JEFFRET W. KENNEDY
June 5, 1987
City of Orono
P.O. Box 66
Crystal Bay, ?IN 55323
RE: 2695 Casco Point Road
Dear Sirs/Madam:
TELEPHONE
ulal AaEAEaE
As you are aware, I repres. .he Kane's in a lawsuit for damages
caused during the period of c•nstruction of the ajoining
property. It has come to my attention that there now is on the
agenda for the city council, a variance for hardcover on the
installation of the ajoining driveway.
My concern in this matter, is that we have had minimal rainfall
this season, and as such I don't believe the present drainage
system has been put to the test. I would simply urge and request
that before this variance be granted, that some guarantee be
provided to the Kane's that this will not revive any past
drainage problems, or create any new situations on their
property.
As you are aware, the drainage in the past has caused ponding,
and washed the ground support of the existing system on the
Kane's property away causing the property to cave in. In
addition, damages have been caused to the garage structure, as
well as the basement on the Kane's property during the con-
struction of this project.
The purpose of this letter is simply to alert you to the
potential problems and concerns of the Kane's. In that they have
endured several years of quite consistent problems over this
situation, I am certain you can understand their reasonable
concerns.
iUN - 8 W7
RAMSTAD. THEISEN S KENNEDY
AAOONOI A, YW
City of Orono
June 5, 1987
Page Two
I am forwarding a copy of this letter to Mr. Jon K. Iverson, who
is presently representing the City of Orono in the existing
lawsuit.
Yours very truly,
RAMSTAD, TREIS"t-A KENN Y, 1
.^.TCRED^ /I
Zg- mstad �,�,ref J, a
RJR:smb
cc: Mr. Jon K. Iverson
TO: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
FROM: Michael P. Gaffron, Asst Planning 6 Zoning Administrator
DATE: June 8, 1987
SUBJECT: 41160 Willard L. Bury, 2695 Casco Point Road -
- Variance - Public Hearing
SONIBG DISTRICT: LR-lC, 1/2 - Acre Sewered
APPLICATION: Hardcover variance in 75-250' zone.
LIST OF EXHIBITS
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Hardcover Summary By Applicant
Exhibit E - Staff Hardcover Review
Exhibit F - Letter From Neighbor Kane's Attorney
Exhibit G - Original Building Permit Including:
- Developers Agreement Stipulating 24"
Driveway "Tracks"
- 3 Original Hardcover Proposals
- Original Survey Of Lot With Topography
Exhibit H - Staff Recommended Revisions
PERTINENT PACTS
- Hardcover limit 75-2501: 25% or 2625 s.f.
- Hardcover approved by staff with original permit: 281 or
2937 s.f.
- Hardcover approved by staff (incorrectly) when Bury proposed
removals/additions: 32.4% or 3405 s.f.
- Hardcover existing 6-12-87: 40.1% or 4215 s.f.
- Hardcover Proposed: 40.1% or 4215 s.f.
- Stated hardship: Applicant says that to cut back the driveway
to 2-24"track status will cause problems in maintenance and
traction due to the steep slope up to the road.
Brief History
Prior to construction of this residence, Mr. Lorge applied for a
variance to lot area and width for this 0.44 acre lot that was
commonly -owned with the developed lot at 2697 Casco Point Road; that
variance ultimately was denied by the City Council. Mr. Lorge sued
the City, which ultimately resulted in an out -of -court settlement that
the City would allow a residence to be built on the lot. Lorge then
sold the lot to Chuck and Sheri Ost.
Zoning File 41160
June 8, 1987
Page 2 of 3
- Original hardcover proposal by Ost was 40-45% in 75-250' zone -
this was rejected by staff.
- Second proposal reduced it to about 35%, also rejected.
- Third proposal got 4t i to 33.8%, then with more tweaking
got it to 27.8% in the 7>-,,.,d' zone.
Ost obtained a building permit on 8-10-84 per their final revision of
hardcover; staff decided to require no further reduction given the
magnitude of reduction from the original proposal and given the
history of this property, construction was commenced and the house was
partially completed.
Mr. Bury purchased the unfinished structure in 1986 and proceeded
to finish the construction, with the stipulation through a developers
agreement that the driveway would be reduced in hardcover by
installing two - 24' wide pads rather than a 10' driveway, in exchange
for added hardcover in a deck, entryway, sidewalk, and backup apron.
Staff (in error, perhaps) gave nim credit for about 420 s.f. of
hardcover in the 75-750' for removals in the 250-500' zone. Total 75-
250' hardcover actually approved by staff ended up being
(16+1776+400+225+208+292+223+265) ® 3405 s.f. or 32.41.
Now, Mr. Bury is requesting a variance for hardcover to allow the
full width pavement, the hardship being steep slope, poor winter
traction and problems with winter maintenance; and the need to enter
Casco Point Road moving forward due to poor sight distance. Staff
sees these as valid hardships, but a current hardcover review of the
site indicates hardcover existing is much greater than was ever
approved (correctly or incorrectly) by staff:
1) The driveway and apron in the 75-250' is 1539 s.f. vs 1125
s.f. approved (+414 s.f.)
2) There is driveway -type gravel along the north side of the
garage that is not considered porous. (+432 s.f.)
3) The entry sidewalk is mostly decorative rocks with porous
fabric but the entry stairs is larger than origina'ly approved (-
73 s.f.)
4) The deck is 41B s.f. vs the 265 s.f. approved (+153 s.f.). The
deck existing is not as shown on approved plans.
The net , esult is an excess of 926 s.f. from what Bury was led to
believe was acceptable.
In the 250-500' zone where Bury had said there would be about 320
B.f. or 7.31, there is 960 s.f. or 21.9%, within the 30% allowable but
not per the former agreement.
Zoning File 41160
June 8, 1987
Page 3 of 3
F.- 0 AA
Staff suggests the following:
1) Require removal of gravel north of garage.
2) Require reduction of driveway width in 71-250' and 250-
500' to 10' width, from a point 35' from garage to the road.
3) Require reduction of backup apron area to be no more than
10' deep by 15' wide (now it is 11' deep and average 27'
wide)
The above, per erhibit H, will result in a reduction of hardcover
of (432♦132+125) 689 s.f., so 75-250' will be down to 3526 s.f. or
33.6%. And will leave 900 s.f. in 250-500' zone, or 18.3%.
4) If applicant cannot justify changes to the deck that were
apparently made without pian approval, staff would recomend
you require removal of 121 s.f. of deck to get the 75-250'
zone back to the 32.4% (3405 s.f.) that applicant was
granted permission for.
ADDITIONAL CONNINT
Regarding the comments from neighbor Kane's attorney, I would
only comment that the grading of the Bury property is complete and the
drainage structure 1s in place. raving seen personally the non-
functional status of Kane's elavated drainage b iin prior to
construction of the Bury residence, and noting that Bury's drain is
set practically a foot lower than Kane's drain and will not only keep
Bury's drainage off Kane's property but will help to solve Kane's pre-
existing problem by accepting Kane's drainage also, I fail to see that
Kane has a valid concern.
LJ
MINIMS OP THE PLANNING COMMISSION MEETING RRLD JUNB 15, 1967
41157 MAKE CONTINUED
After considerable discussion of alternatives, it was
moved by Chairman Kelley, seconded by Bellows, to table
the application for an alternative plan reducing the
hardcover. Motion, Ayes 5, Nays 1.
Planning Commission reopened this application at the end
of the meeting to give applicant the opportunity to
submit a revised plan.
Mr. Krake proposed to eliminate tho turn -around, off-
street parking, and the sidewalk which would reduce he
proposed hardcover to 38.8%.
Chairman Kelley felt that the turn -around was necessary.
It was moved by Brown, seconded by Johnson, to recommend
approval with a hardcover limit of 38.8% i.e. exclusion
of sidewalk, turn -around, and parking area from original
proposal. Motion, Ayes 3, Nays 3.
611601MILLARD L. WRY
26W CASCO POINT ROAD
—VICRIANCE
PUBLIC NEARING 11:04-11:25
The Affidavit of Publication and Certificate of Mailing
was noted.
Assistant Zoning Administretor Gaffron reviewed the
history of the properties ownership and development and
hardcover previously approved. Mr. Bury purchased the
unfinished structure in 1986 and proceeded to finish the
construction, with the stupulation through a developers
agreement that the driveway would be reduced in
hardcover by installing two - 24" wide pads rather than
a 10' driveway, in exchange for added hardcover in a
deck, entryway, sidewalk, and back-up apron. Mr. Bury
is now requesting a variance for hardcover to allow the
full width pavement, the hardship being steep slope,
poor winter traction and problems with winter
maintenance, and the need to enter Casco Point Road
moving forward due to poor sight distance.
Willard Bury was present for this matter and noted a
disagreement in hardcover where 432 s.f. of gravel was
placed directly over the soil with no underlying plastic
where staff previously advised him that this would not
be considered hardcover.
It was determined that this difference would reduce the
existing hardcover to approximately 36%.
17
MINUTES OF TBE PLANNING COMMISSION MEETING HELD JUNE 15, 1987
#1160 HURT CONTINUED
Chairman Kelley stated he felt the City has been "had"
by Mr. Bury.
Bellows felt that the existing deck should be reduced in
exchange for approving this variance in order to comply
with the sprit of applicant's original agreement with
the City.
Mr. Bury felt that cutting off the deck would physically
and aesthetically ruin the entire deck area. He stated
that he is not trying to put something over on the City
and noted that both his neighbors have more hardcover
than he has. He questioned that the City would be
liable in a case of a car accident if they deny his
request. He stated he could reduce the width of
driveway and turn -around.
Connie and Larry Kane, 2697 Casco Point Road, stated
that they have had a drainage problem since the building
of applicant's house began and if this application is
approved requested the City require monies put in
escrow in that case of additional drainage problems
until the new drainage methods have been found to be
satisfactory. (Applicant has done work to correct th-
previous drainage problem, but with the dry weathc.
conditions, it is unknown if this has completely solved
the problem.)
Bob 6 Betty Hunt, 2691 Casco Point Road, agreed with the
Kane's and explained the history of he drainage
problem.
There were no other comments from the public and the
public hearing was closed.
Mr. Bury submitted photos of the existing deck and
driveway.
It was moved by Chairman Kelley, seconded by Hanson, to
recommend approval subject to reduction of hardcover to
32.4%. Motion, Ayes 5, Nays 1. Brown voted nay.
W4
ZONING PILE NO. 1160
C, ^,-r ONONO NOTICE OF PLANNING COMMISSION ACTION
P. ox 66
Cr. .1 Say, MN 55a73 473-7357 Date of Noti,a: 6/17/87
----.-----------------___-----_----------_---------------------------------
TO: Willard L. Bury COPIES TO:
2695 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: XX Variance
-----------------------------------------------------------
DATN OF MEETING: 6/15;87 VOTE: 5 For 1 Against
Planning Commission recenosends the following:
XX Approval subject to conditions noted below
NOTES AND SPECIAL CO=ITIONS:
Planning Commission recommended that full driveway (rather than 24"
pads) be allowed to remain subject to removal of excess
driveway/gravel/mine. hardcover to meet the 32.4% hardcover limit as
previously allowed by staff. This could be partially accomplished by the
following:
1. Removal of gravel north of garage.
2. Reduction of driveway width in 75-250' and 250-500' to 10 width,
from a point 35' from garage to the road.
3. Reduction of backup apron area to be no more than 10' deep by 15'
wide (now it is 11' deep and average 27' wide).
With these reductions, an additional 121 s.f. of hardcover must be removed
to meet the 32.4% limit. Per our discussion on the property on 6/17/87,
your proposed reductions and basis for justification of a hardcover
slightly higher than 32.4% should be submitted no later than July 6, 1987.
As you requested, a list of Council members and phone numbers is
attached.
Applicant's next scheduled meeting is confirmed as:
City Council July 13, 1987; meeting starts at 7:00 p.m.
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.
TO: Mayor Grabek
Orono Council Members
City Administrator Bernhardson
FROM: Michael P. Gaffron,
Assistant Planning 6 Zoning Administrator
DRTZ: July 7, 1987
SOBJ: 41160 Willard L. Bury, 2695 Casco Point Road
Variance - Resolution
List of R: hibits -
A - Applicant's letter to Council 7-7-87
B - Applicant's 3 diagrams 7-7-87
C - Photos of Site
D - Planning Commission Minutes 6-1s-87
E - Planning Commission Action Notice 6-17-87
F - Memo a Exhibits of 6-8-87
Discussion -
Please carefully review the memo and e:chibits of 6-8-87. To
briefly summarize, applicant's property has been allowed as much
as 32.4% hardcover in the 75-250' zove. Applicant agreed to
install a "strip" driveway (2 - 24" wise tracks) in order to meet
the hardcover requirements. He is now requesting to not have to
construct the tracks, but leave the existing driveway as -is in
order to make this steep driveway safer.
-Existing 75-250' Hardcover = 40.1% or
-Allowed Hardcover = 32.4% or
-Excess Hardcover = 7.7% or
-Applicant's Proposed Alt. 41 : Remove
final total of 3683 s.f. or 35.1%
-Applicant's Alt. 42 Remove 692 s.f.
3573 s.f. or 34.0%
-Applicant's Alt. 43 Remove 810 s.f.
340'. s.f. or 32.4%
4215 s.f.
3405 s.f.
B10 s.f.
532 s.f. for
for a final total of
for a final total of
The applicant discusses each alternative and the ramifications of
each in his letter and diagrams.
Planning Commission at their 6-15-87 meeting voted 5-1 to
recommend approval of the full driveway subject to a 75-250'
hardcover reduction to the 32.4% level. Applicant feels this
will be a hardship because of safety concerns. Please review his
letter and diagrams. I would urge you to visit the site if
possible. Note that I have drawn in a typical medium-sized car
(7'xl6'). (You can cut it out and run it up and down the driveway
if you wish.) I tend to agree that the narrowness of the
driveway under Alternative 43 may be a problem both for parking
and for driveway safety. Alternative 42 is relatively
comfortable. Alternative 41 does not seem to be much of a
concession.
Zoning File 41160
July 7, 1987
Page 2 of 2
Staff Recta ndatio -
Alternative 2�he parking and driveway area will leave
applicant with 168 s.f. over the 32.4% level. Staff recommends
approval of Alternative 42; Council must determine whether
removal of an additional 168 s.f. from decks/sidewalks is
necessary or appropriate. There is not much additional hardcover
to feasibly remove without tearing down structure, i.e. remove
decks, entryway, etc.
The attached resolution is for approval of hardcover at the 34.0%
level, and can be revised if necessary to reflect Council's
action.
.r Ki i f G L/ _
Mr. 6 Mrs. Willard Bury
2695 Casco Point Road
Wayzata, MN 55391
July 7, 1987
City of Orono
City Council
P.O. Box 66
Crystal Bay. MN 55323
Re: Hardcover variance @2695 Casco Point Road
Homeowner: W.L. Bury
Dear Members of The Orono City Council:
The planning commission, on the meeting of June 15„ 1987.
made several recommendations in regards to removing hard-
cover from my property. I have enclosed drawings of several
alternatives and wish to invite all members of the council
to the site to see how the different alternatives effect the
maneuverability. safety, and maintenance of my driveway.
Alternative #I; I would remove 432 sq. ft. of rock
north of garage and approximately 100 sq. ft. of turn
around. This alternative would allow me to leave drive
width as is needed for winter traction, plowing, and
safety to swing right or left at the top of hill. Average
drive width is 11-12 feet. Timber was added to help keep
vehicles from going off aide of hill.
Alternative 02: Remove 432 sq. ft. north of garage plus
160 sq. ft. of turn -a -round, plus an average of 2� feet
(100 sq. ft.) from width of drive. This alternative is
liveable, but limits turn -a -round ability and also hampers
safety and maintenance on slope.
Alternative 03: Removing hardcover to comply with approved
32.4% Limit creates an extreme hardship, hampers safety
and makes maintenance nearly impossible. I can not swing
out of either garage stall to turn around. This solution
would require driver to back up hill. An "impossible"
driveway situation to meet hardcover rules does not seem
practical.
I can only request that the council consider my request for
alternative /1 as a compromising and workable solution. Thank
you for your consideration.
Sincerely
�,J.
W.L. Bury
Note: Pictures submitted with letter
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987
1'Y159 GROVES CONTINUED
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution 12218
granting the conditional use permit per staff
recommendation. Motion, Aycs 5, Nays 0.
#1160 4ILL&RD BURY
2695 rASCO POINT ROAD
E
RESOLUTION
City Administrator Bernhardson reviewed the history of
the property. To summarize the current request,
applicant's property has been allowed as much as 32.41
hardcover in the 75-250' zone. Applicant agreed to
install a 'strip• driveway (2-21' wide tracks) in order
to meet the hardcover requirements. Applicant is now
requesting not to have to construct the tracks, but
leave the existing driveway as -is in order to make a
steep driveway safer. Planning Commission recommended
approval of the full driveway subject to a 75-250'
hardcover reduction to the 32.4% level.
Assistant Zoning Administrator Gaffron reviewed the
three alternatives submitted by the applicant to reduce
the 75-250' hardcover to- Alternative I1 - 35.1%;
Alternative 12 = 34.0%; Alternative 13 - 32.4%. Staff
feels that Alternative t3 may create a problem with
parking and driveway safety; and that Alternative Al
does not seem to be much of a concession. Staff feels
relatively comfortable with Alternative 12.
Willard Bury was present for this matter. He stated he
prefers Alternative 01, however, because he owns two
small cars, he could live with Alternative t2. He noted
that he has sold the home contingent upon resolving this
issue.
Councilmember Goetten noted that fact that the driveway
was very narrow.
Councilmember Sime suggested eliminating the natural
vegetation that is obstructing the driveway at Casco
Point Road which is a real hazard.
Mr. Liry stated he has, to a certain point, tried to
trim back the vegetation.
15
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13. 1987
.(1160 BURY CONTINUED
It was moved by Mayor Grabek, seconded by Councilmember
Callahan, to deny the variance on the basis that the
property has been sold and the City should deal with the
new owners' preference. Motion, Ayes 2, Nays 3. Motion
fails. Councilmembers Goetten, Sime, and Peterson voted
nay recommending tabling the matter, rather than denial,
and give the new owner the opportunity to appear before
the Council.
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to table the application until
the July 27th meeting to give the new owner the
opportunity to be present for discussion. Motion, Ayes
C, Nays 1. Mayor Grabek voted nay.
#1161/11162 RANDY WRESTRAND
525 ORCHARD PARE ROAD
VARIANCE/CONDITIONAL USE PERMIT
RESOLUTION
City Administrator Bernhardson explained the request for
a lot area variance, rear setback varianre, variance for
number of horses, and conditional use permit for
driveway crossing of designated wetland to build a new
house. Planning Commission voted 3-3 to recommend
approval of the lot area variance and variance for
number of horses, denying the rear e.tback variance of
67' where 100' is required. P- ^ing Commission
recommended 5-1 approval of the driveway conditional use
permit subject to redefining the wetland per City
engineer recommendation.
Assistant Zoning Administrator Gaffron submitted, at
this meeting, staff's drafted resolution reflecting
Planning Commission's recommendation.
Because the Council and applicant did not have the
opportunity to review the drafted resolution prior to
the meeting, City Administrator Bernhardson recommended
that the Council, if so inclined, "conceptually" approve
the application for final approval at the July 27th
meeting.
Assistant Zoning Administrator Gaffron explained in
detail the request. Regarding the common ownership
issue, staff feels that even though this technically is
a common ownership situation, denial of the lot area
variance based solely on that fact is not justifiable
from a health, safety, and welfare standpoint and the
owner would have lost substantial property rights. It
was noted that the lot meets the 2-acre minimum required
for septic system use.
16
July 15, 1987
Snpl I�I W. L. Bury
J 2695 Casco Point Road
Wayzata, MN 55791
City of Orono
Attention: Michael Caffron
Re: Hardcover variance on 2695 Casco Point Road
Homeowner: W.L. Bury
Dear Mr. Gaffron:
As the discussion for my variance resolution was tabled at
the last meeting, I hereby request to be placed on the agenda
for the July 27, 1987 council meeting. Mayor Grabek requested
that the buyer of my property, Mr. David Lee of Wayzata, also
be allowed to voice his requests before a final vote of the
council is solicited. I have advised Mr. Lee to also send a
letter to the council.
Please be advised that the sale of my home is contingent on
Mr. Lee's satisfaction of the council's resolution of my hard-
cover problem. It is therefore imperative that this be re-
solved at the July 27th meeting to the satisfaction that any
homeowner can enter, park, turn around, and leave again with
as much safety and ease as the turn -a -round, hill, and drive-
way entrance will allow.
It is Impractical, unsafe, and unreasonable to ask for a
greater hardcover than my alternative /2 (See my original letter
to the council.) I would request your consideration for
alternative it as this releaves the greastest hardship.
Looking forward to getting this resolved as soon as possible,
I remain...
Very
Truly
�ruuulto,
Willard LL. B
cc: David Lee
WLB:ph
LOUTS B JBIMNAp SEP
JAMESf RAMETTE
ORONO CITY COUNCIL
P.O. Box 66
Crystal Bay, MN 55323
OBERHAUSER & ASSOCIATES. PA
♦mown rra Ano cavnacAows a uw
1e21 E WAYZATA BOUI EVARO - SUITE 210
WAYZATA MINNESOTA 55391
July 16, 1987
•612 4732521
Re: Hardcover variance at 2695 Casco Point Road
Owner: W. L. Bury
Our File: 4127-15
Dear Council Members:
I represent David E. F. Lee and Patricia Lee who have purchased the property
located at 2695 Casco Point Road, Wayzata, Minnesota from W. L. Bury.
Mr. and Mrs. Lee have looked at the various alternatives that have been pre-
sented to the City Council regarding the driveway and I and David E. F. Lee have
visited the site and reviewed these alternatives with Mr. Bury.
Based upon a physical examination of the property, Mr. and Mrs. Lee have no
objection to Alternative Number 2 with the exception of the elimination of 160
square feet of hardcover in the parking/turn-around area.
The property contains a two car garage and limited storage space for any other
vehicles. If elimination of the 160 square feet of hardcover that is currently
being used for parking/turn-around eliminates one parking space, the residual
area does not allow sufficient area to park cars and have a turn -around.
If a driver is unable to back his car into a turn -around area, his only alterna-
tive for exiting the property is to back up the hill and onto Casco Point Road.
In the opiolon of Mr. and Mrs. Lee and myself, this creates a substantial safety
hazard which can hardly be justified by the elimination of 160 square feet of
hardcover.
The problem is made more pronounced because David E. F. Lee is the owner of
David Lee Funeral Home in Wayzata and as such has the necessity of driving a
limosine on occasion. Also, the parties have grown children and need more than
two automobiles which requires parking spaces outside of the garage per se.
The new owners request the approval of Alternative No. 2, with the deletion of
the requirement that 160 square feet of the parking/turn-around area be eliminated.
If you have any further questions, please let me.
Sincerely,- t
LOUTS B. OBERHAUSER � �—�.•
LBO/ejw JLL 11981
cc: David E. F. Lee ('
TO: Mayor Grabek
Orono Council Members
City Administrator Bernhardson
Front Michael P. Gaffron, Asst Planning i Zoning Administrator
Date- July 23, 1987
Subjects 11160 Willard Bury/David E.F. Lee, 2695 Casco Point Road -
Variances - Resolution
This item was tabled at Council's July 13th meeting pending comments
by the buyers of the property, Mr. i Mrs. David E.P. Lee.
List of Ssbibits
Exhibit
A
- 7/5/87 Letter From
Applicant Bury
Exhibit
B
- 7/16/87 Letter From Buyer's Attorney
Exhibit
C
- Resolution Drafted
For Approval of Option 2
Exhibit
D
- Memo L Exhibits of
7/7/87
Discussion -
Please review the concerns of the applicant and the buyer of the
property. Do their concerns sad stated hardships justify granting of
Alternative Plans 1 or 27 Note that Alternative 2 was recommended by staff
as a compromise. Alternative 3 at 32.4% hardcover results in no increase
from what has been allowed for the property. Alternative 2 is at 34.0% in
the 75-250' tone; Alternative 1 is at 35.1%.
The resolution attached is for approval of Alternative 2 but can be
revised as Council see fit.'
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -'234
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
PILE 1111160
NBERRAS, Willard L. Bury (hereinafter "the applicant") is
the owner of the property located at 2695 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 3, Auditor's Subdivision No. 265, Hennepin County, Minnesota
(hereinafter "the property"); and
NBERRAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit hardcover in excess of the 25% hardcover normally allowed in
the 75-250' lakeshore setback zone.
NOW, TBRREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This a-plication was reviewed as Zoning File 41160.
2. The property is located in the LR-IC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
June 15, 1987, and recommended approval of a variance to allow
32.4% hardcover in the 75-250' zone based upon the following
findings:
a) A building permit to construct a residence on the
property was issued by staff on August 10, 1984 based on a
site plan indicating 27.8% hardcover in the 75-250' zone.
b) The applicant through a developers agreement agreed to
installing a "strip" type of driveway in exchange for added
hardcover in a deck, entryway, sidewalk and driveway backup
apron. Staff later determined that 420 s.f. of hardcover
removal in the 250-500' zone had been exchanged fo. a like
amount added in the 75-250' zone.
c) Based on the above occurrences, applicant had every
expectation that he was allowed as much as 32.4• or 3405
s.f. of hardcover in the 75-250' zone.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2J f4
d) The Planning Commission found that it is in the best
interest of the City and of the property owner and his
successors that the driveway strips not be required in order
to provide for a safe access to Casco Point Road. Planning
Commission further recommended that additional hardcover in
the 75-250' zone be removed so that the resultant final 75-
250' hardcover would not exceed 32.4% or 3405 s.f.
4. Applicant's request for additional hardcover above the 32.4%
level is based upon applicant's anticipated and experienced
problems in safely accessing the property over the steep driveway
area.
5. The Council finds that applicant's proposed alternative 02,
with removals of 692 s.f. of existing hardcover in the 75-250'
and 250-500' zones and resulting in a final 75-250' hardcover of
3573 s.f. or 34.0%, maintains a safe and functional driveway area
while removing the extraneous hardcover on the property.
6. Approval of 34.0% hardcover in the 75-250' lakeshore setback
zone is not inconsistent with contemporary City approvals on
similarly situated properties.
7. The City Council has considered this application including
t:ie 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.
B. 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 keepiny with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDI?IONS
Based upon the above findings. the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 to permit 34.0% hardcover in the 75-250' lakeshore
setback zone where only 25% hardcover in normally allowed, subject to
the following conditions:
Page 2 of 4
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. _2234
1. Applicant shall remove 692 s.f. of existing hardcover as shown
on Exhibit A attached. Final hardcover on the property shall be
no greater than 3573 s.f. or 34.0% in the 75-250' zone, as
follows and per Exhibit A attached:
House and garage: 1,76 s.f.
S. Entryway 4 sidewalk: 51 s.f.
W. side deck/patio: 418 s.f.
Driveway and apron: 1329 s.f.
3573 97.
(75-250' zone - 10,500s.f.)
Hardcover in the 0-75' setback zone shall remain at 01. Hardcover
in the 250-500' zone shall consist only of driveway ranging in
width from 10' to il.5', lus the driveway serving the residence
at 2697 Casco Point Road.
2. Hardcover removals shall be completed and inspected within 90
days of the date of this resolution.
3. Applicant is advised that future proposals to increase
hardcover on the property will not be approved- but might be
approved only in conjunction with concurrent removals of existing
hardcover resulting in no net increase in hardcover.
4. Authorities granted by this variance run with the property
not with the app cant, 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 (July 27, 1988).
5. Violation of or non-compliance with any of the terms and
conditions of this variance 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.
Adopted by the Orono City Council on this 27th day of July,
uL
i Jam s R. Gra , layor
same 3 of 4
City of ORONO
RESOLUTION OF THE CI fY COUNCIL
CITY
OF
NO. 7114
wai.mil
STATE OF MINNESOTA )
1 as.
COUNTY OF HENNEPIN )
On this loth day of August , 1987
before me as Notawithin and for said county, personally
appeared Willard L. 6 Anna Marie Bury
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
9/8/92
MY COMMISSION EXPIRES
STATE OF MINNESOTA 1
)se.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Publ c within and for said County, personally appeared
known to me to be the
person • described in and who executed the foregoing instrument,
mnd acknowledged that he (they) executed the same as his
(,heir) free act and de-d.
NOTARY PUBLIC
MY ^ONMISSION EXPIRES
Page 4 of
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ONONO
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on .7u1y 27 , 19 87 . and that the same is ■ true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set ■y hand and seal this
llth day of August 1987
"Dorothy ly: Hallin, City Clerk
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MINUTES OP THE REGULAR ORONO COUNCIL MEETING BELO JULY 27, 1987
11160 ILLARD BURY/DAVID E. LEE
269 POINT ROAD
IANCE
RESOLUTION 12234
Applicant/owner Willard Bury and Applicant/Buyer David
Lee were present for this matter.
City Administrator Bernhardson explained that this
matter was tabled at the last Council meeting so that
the prospective buyer of the property could be present.
Applicant previously submitted three alternatives to
reduce hardcover in order to pave driveway. Applicant
prefers Alternative I resulting in 35.1% 75-250'
hardcover. Staff recommended Alternative 2 resulting in
34.0% hardcover. The buyer, Mr. Lee, requests approval
of Alternative 4 which consists of Alternative 2 with
the delet.on of the requirement that 160 s.f. of the
parking turn -around area be eliminated, which would
result in 35.6% hardcover.
David Lee, owner of the David Lee Funeral Home in
Wayzata, stated that his business occasionally requires
him to drive the limousine home, and more importantly, he
would need the extra area for his two teenage
daughters to park and exit the driveway safely. He
indicated that he could not purchase the home unless
Atlernative 4 was approved.
Larry and Correnne Kane, 2697 Casco Point Road, were
present for this matter. The Kane's were upset about
the City allowing the fill to be brought in in order to
build the house on the property which has since upset
the drainage. They do not understand the reason for a
code when the City allows deviations from the code.
They stated that during the last rain storm, water from
the Swale flooded their baseme.tt. They indicated that
drainage from applicant's driveway was no problem.
Councilmember Goetten stated that applicant's driveway
was very narrow and felt there was a legitimate safety
concern. She suggest staff work on solving the drainage
problem. Therefore, for health, safety and welfare
purposes, she would approve Alternative 2, but would not
approve any more• hardcover being allowed on this
property ever.
Attorney Blatz noted that the Kane's are cur,ently in
litigation with the City regarding the drainage and
recommend no further discussion of the drainage problem.
Mr. Bury stated that the reason he is withdrawing his
previous agreement with the City for driveway strips is
for the sole reason of safety.
MINUTES OY THE REGULAR ORONO COUNCIL MEETING HELD JULY 27, 1987
01160 BURY/LEE CONTINUED
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to approve Alternative 2 per
staff recommendation, with no further hardcover approved
on the property.
Mayor Grabek stated that the Council must determine
whether adhering to a previous agreement made to the
City by applicant is appropriate in light of the
health, safety and welfare issues.
Mr. Bury noted that Mr. Lee will not buy the house if
Alternative 2 is approved because he would not be able
to turn around.
Councilmember Goetten withdrew her motion because she
misunderstood that Alternative 2 would not be a workable
solution for Mr. Lee.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to approve Alternative 4 due to
primarily safety concerns. Motion, Ayes 2, Nays 3.
Grabek, Callahan, and Sime voted nay. Motion fails.
Mayor Grabek did not feel safety was the major issue
noting the need has not been consistently explained.
Councilmember Callahan felt that the strips vs. paving
the same area would ultimately result in the same amount
of hardcover due to compaction, therefore recommended
paving the existing driveway area.
It was moved by Councilmember Callahan, seconded by
Councilmember Sime, to approve Alternative 3 resulting
in no net increase of hardcover from what has been
allowed. Motion, Ayes 2, Nays 3. Grabek, Goetten, and
Peterson voted nay. Motion fails.
Mr. Bury noted that he would not be able to get out of
his driveway with Alternative 3.
It was moved by Councilmember Goetten, seconded by
Councilmember Sime, to approve Alternative 2 resulting
in 34.0% hardcover due to safety concerns. Motion, Ayes
3, Nays 2. Grabek and Callahan voted nay. Motion
carried.
ZONING PILE RL 1160
CITY OP ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 8/4/87
---------------------------------------------------------------------------
TO: Willard L. Bury COPIES TO:
2695 Casco Point Road
Wayzata, MN 55391
---------------------------------------------------------------------------
TYPE OF \PPLICATION: XX Variance
------------------------------------------"'--------------------------------
DATE OF MEETING: 7/27/87 VOTE: 3 For 2 Against
COUNCIL ACTION - NOTION:
To approve 34% hardcover in the 75-250' zone per the resolution
attached. Note minor revisions to allotment of hardcover under Condition 1
on Page 3 (total is still 3,573 s.f, or 34%, but I had misread the
hardcover calculation worksheet and allotted 385 s.f. of driveway as entry
way).
Please arrange to sign the 3 original resolution copiers 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.
If you desire certified copies of the official Council minutes, they
are available from the City Recorder or City Clerk after review and
approval by the City Council.
Please contact staff when the hardcover removals have been completed
and are re;,dy for verification inspection.
DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED
PERMIT NO. COMPLETED_ —
ADDRESS Z&c � .4-SC,2 �' � a -
OWNER L , F2"AN CONTR. —
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334-2549
»_••• L..A..•• October 27, 1987
Me. Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Dear Jeanne,
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The enclosed resolutions lintel below have been filed in
abstract property.
Name Resol. No. Doc. No.
Vickerman, S. 2214 5334321
Dietrich-Blocker 2250 5334322
Pay, S. 2240 5334323
Also enclosed is the Willard L. Bury Resolution No. 2234
which cannot be filed in torrens property because it is a
variance.
Fin•Ily, for your files I have enclosed a certified copy of
the Ulrich Resolution No. 2022. It was filed in abstract
property on January 2, 1987 as document no. 5206726.
If you have any questions, feel free to contact either me
or my secretary, Joyce Pedersen at 334-2736.
Very truly yours,
Nancy E. Husnik
Legal Assistant
NEH/jlp/3328j
Enclosure
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