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HomeMy WebLinkAboutProject PacketUd LI' al'C-U a�, / tS / Fee 4t3C1- rn Receipt Initial CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original applicatioiCYTYOF OROMIT I After -the -Fact Fees (Double application fee)Fib" ICE OFFICE J -------- __________________________________________ q! PROPERTY LOCATION O1 LEk :00.00 Site Address Property Identification Number (P.I.D.) Please check one - Is the property ! abstract or torrens7 YOU Attach legal description to application if not included on required survey. __________________________________________________________..________________ APPLICANT C'"� Phone (home) Zi7%-,f4R2. Name &4QU n A RI.T A-141l n _ Phone (work) 9y/ /0i0 Address: 2.iie5 64Aep Pogurp-d. City: (.A -fay _zip: ___- _____________ _-________________ ON = (if different than applicant) Phone (home) y1A.tu-. Name 9"4r Phone (work) Address: City: Zip: Date Property Acquired (month/year) -_-__I (do) do not also own the adjacent -parcels of land. ________ _______________________ _____________________-___ PRESENT USE OF PROPERTY Present Zoning District 1.-(L Present Use of Property IAVYJ).( ttt::,,Q Residential Other (specify) ________________.____-___..___________-______________________________________ DESCRIPTION OF REQUEST Estimated Construction' Cost $ Describe request in detail: ___________________________________________________________________________ VARIANCES REQUIRID _ Lot Area Lot Width ✓ Hardcover*Ar Setback Variances (_ Front ✓ Side* Rear) Other ire"d OAM,ti IM 10 �w� P�t_.. 1 ---- 1---- -- ---------------------L '-'--' #Ir ikVk CIvfX e11 Lt'i�Ru,.' �rT HlL/lo�i &49 HARDSHIP Describe undue hardship or practices difficulty resinkinq from `�trict enforcem@@nt of zoning regul tigns: � e.6,-T] �i� ues c�aAu7 Wge, ------ ------------------------------------ 4---------- -------------------- DESCRIrfION OF UMUSL PROPHRTY CONDITIONS Describe unusua. property �nditipne,.p�eventing comf once with Zoning Code Requirements: e�ia�lvdJ ) ____________________________________________.___________________________-___ 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 (i10) 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 vs once application is not complete if the above information has not bee.. included. __________-._______________________________________________________________ Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date -------------------------------------------- _----- _________________________ APPLICAMT*S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information sulplied is true and correct to the best of his/her knowledge. Applicant's Signature Date G-ZG-b% OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for rurposes of investiga- tion and verification t s r e Owner's SignatureDate __________________CY________________________-______--_____ __________ 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, 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 advises the Building i Zoning Office of this change prior to the meeting. DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of s bjects 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 form- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or ' :ense. 4. if your requested permit or license reqires council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are required to process this application or permit. VTRAIV OwT I �-?Ns4tI" F lrsts. - Mia��ie� Last 6_-•i6 Date— oiTiit oes not eoply to building/general permits) riil-lA&ZZ Phone i undo sand igh atted above. x FicInature : io Ivy• 59:� � iflf—.. •. ' s,p .�.frY r.r•�sw. /'/ vry(y{ `� . eel / I* L,My61M. ,.0 0••I.O. 1 w n .Oda s wr: DATE ft""? 'A"CH Cal TO 20-11f-23 23 00% Ig won AMJR 02xs CASCO miff m Ov EP NAME S R PETERSa A E A REVISION TA. nA r[R STEVEN 0 PETERSON NT'r/AMP 2T4s rA3U1 MINT m M IZATA IN SS391 ONNR, 3E Z9-112-23 23 "Mwa AODO way: " lABR ER T CIT. mNo G Nuvi/4. PAR 6!I3" 33a]SO G is 20-I12-23 13 "IS PROP IDDR 6:799 CASCr POEM a WAR .ME Tao A r I U C TArWrtr Tap Rd t-a NUO'AMR Z794 CASCO MINT RO ado TN SS391 C 113-23 23 nH FROM A000 6s ni CASCO MINT a "FEW NNE 0 A iwman TAXPAIER REcfnRCff�� wrraw NUR/ADOP 2xS r1300 PO3fE M NATnrA IN\ss»L RENEPIN COUNTY PROP O'll INMONATIOI SEVEN PROPERTY OOEPS LIST I0 20-11?-23 23 0097 62735 CASCO MINT M CLARENCE N PETERSON ET AL CLAWKE N PETERSON 2950 JOPPA AVE NPLS LN 55426 N 20-117-23 23 nil 3 lY0 OER clrr ado vARR 6/i L]9 EFD I56736 U 29-I13-23 23 001E 02M CASCO MINT M O T BL EVIC A M R BLAZEVIC MULLET LET T A WRY R BLAZEVIC 27" CASCO MINT M NAYZATA RN 55391 TOTAL OATEN 902 00010 REPORT M. P1435401 PAGE 12 20-112-23 P3 0009 STA LAM DER CITY BOUND PARK 4/IV"DEED 156759 38 20-112-23 23 0012 0277 CA3L'0 MINE M ROLE RACE ETAL ROLE" A POKE 2226 U MINT M NAYZATA m 5539E U n-117-23 23 001A 02223 CASCO MEW M ELAINE E OLSON ENINE ELLEN [RIM" 2271 CASCO R M WIIATA M 5539E 1 CERTIFY TNAT THE FACTS REPRESENTIO ARE AN ACLIATATE AM 11 E P[R.ESrNgTIOT OF ITfalOT1O1 AS IT AP1ERRI EYES DATE ON M RECUMS T OF THY HEIVEPIN CWFY OEPMTLENT BE PMPEN" TAXATION, E BEST DY MY PHOULE0GE AND BELIEF. — DAT1�'Y/9 1gnC[ n. Pw c,i— . ^ae oue•. IwrignlNCp/IC•bwCw.n �IrS yvin hewn 1101e O11/u`0./. Ah a01n ee)UM. mpryl el +1y IyWp Wq uw Y`K[tlpnl .:.::'ems, : `, e.°:`:• Affidavit of Publication • erlaiye er•a• erlWr .1N1 IN N11r.� 2 Irr'1 Ir• a nee Iir111N1 o+n°. IarrFr.l +Mn State of Mmuas0la. county of Hennepin ltlWYw awri•. ••ml rrertlw lY Wa b caWNn. xn. as a nsr uerre rx +r ww erJ+•. Bill Holm, being duly 5worr n cath says that he Is 2elacaloo lU.l eels we••rNwtl o�Ne e.r ra ner snic•.rWcw wcoN•n.cl an aulhori2ed agent and employee of Ih0 publisher 1e^ +° •^+rye "0^'• of the newspaper known as THE LAKER. Mound. Mm- . I fee RX: o lrnan 2e95 c••ro n,.,l eei 1.r.1 N1mn .w .+1.•F1 nesota. and has full knowledge of the facts which are IwrY•Y. Yiei•1rV o^'°r°"r""�1•••' stated below ceeery Wei..rn -n 5 1122 Phwir+IM eR. auaur.r •wn�. wNr NOr»rn •Ind WtIV• Mercn aY rcl.lo crWN1•e.e• w1n IN ora Ye A I The newspaper has complied with all the require IMM111rtlW. Yw ments constituting qualifications as .. qualified N rr•. on11 w111 nr11 .re ifff . newspaper, as provided by Mmnesola Statute 1n'I le w.mn•WI.rNaery. win mw 331A.02, 331A.07. and other applicable laws as Off. Lent y" rx r trSWww rY yYRY ECLrl xis. amended. car eele r1.• • a .w.rwcl w orn r6w In �J� /Q 7/,o'//al��Le 61+1�d "mri..o1.n+o•o 5e•�ra�n1 6 f The printed w6lweco.�re.$.w G In[M1NGI .OwnM aril WMVnr le .. `,ate 0 AIM e�.• 91N1Yew iM11Y %�•/ ✓ � r1 IN Ica n1r•YV tll.lrr 7000. w1n M which Is attachetl was cut fliolf,the columns of said attached Ir1 u1nwWY r• Y✓'1b Hr11 r1 nYYI1 b. •..caw n M d• . •cw M iewyrynl nevispeper, anQwas puled and e0 once each an) weak for ve weeks ssuccessivessuccessiveweeks •Irrvv crNlrm rbllrl P otln°n •w rr..e c.e iYYe •alrwf.tlo pu nday. It was first Published Monday, IP.pMye n iN lY. rtl r.Yw JWY a per/ 6' Ian the day of 19 a /. — and was thereafter ted apubllshed every Mondayto and including Monday the v of 19 A(1hZ2ed F,tent Subscribed and sworn to me w this p L• day of r , JUL - g 199T I By t tcsZ Waw Public Raise MfOlffAMee I II levnsl c1W11ya Ind. 01q ey w.y •a cpllpr.. IW ic. fl N 1:e� in 121 aee1Y11.11.M reow.e N Iw'a 1ew•r nitltr N M c+ r n lal 1W. •cry W rNyaW la •Der. 1ntl1r N 5. {�• .u, Fa � eem.ru r.c«Yw car ea OJ on .un CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, July 20th, 1987, on the matter of the following land -ise applications: 41165 Steven Fay, 3045 Casco Point Road - seeks front yard setback variance to construct a detached Garage partially within the defined front yard area. 2. 11166 Hartmut Ginnow-Merkert, 1840 Lakeview Terrace - seeks front yard setback variance to construct r 2nd story deck. 3. #1167 Leonard and Mary Ann Bachkes, 2813 Casco Point Road - seek renewal of hardcover and side setback variances to construct additiLn to existing home. 4. 11168 Richa- Helstrom, 2095 Casco Point Road - seeks hardcover and ave t lakeshore setback variances to construct a second story deck and screen porch. 5. #1172 Christine Beck, 3820 Cherry Avenue - seeks hardcover and lakeshore setback variances to construct a deck within the 0-75' protected lakeshore area. 6. 11173 David and Tress Gardella, 1230 Orono Oaks Drive - seek a front yard setback variance to construct a detached garage within their defined front yard area. 7. 11175 Walter and Nancy Erickson, 335 Hollander Road - seek a lot area variance to construct a residence on an undeveloped lot. 8. 11176 Richard Putnam, 2765 Casco Point Road - seeks hardcover, ei&6-setback variances to construct room and garage additions to existing residence. 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 Mrchaol P. Gs ron Aset Planning 6 Zoning Administrator To be published the week of July 6th, 1987. CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) as. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1176, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of July, 1907. i Jamie Bosma 1J �rt 1' NARDCOVIIR R1 LATIOIIS AND NORRSNRRT A. RARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface. ('hardcover') such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oil., and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono'. ordinance 1s to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. E. HARDCOVER SETRACR ZONES - PERCENTAGE ALLOWED I. 0-75'z in the area within 75' of the lakeshore, No Hardcover is allowed (Os). II. 75-250'z in the portion of the lot located between 75' and 250' from the lake, 250 of that portion of the lot may be hardcovered. III. 250-500-1 in the portion of the lot located between 250' and 500' feet from the lake 300 of that portion of the lot may be hardcovered. IV. S00-1,000'z in the portion of the lot located between 500' and 1,000' feet from the lake 359 of that portion of the lot may be hardcovered. NOTEt Thee* regulations apply even if y­i have a lot that doe, not abut the lake but is within a lakeshore zoning district. C. HOW TO DETERMINE LOT AREA WITHIN EACH SETRACR ZONE (To be used es denominator in all hardcover percentage calculations) I. 0-75' Zone Area - 75' x /Average width of lot in 0-75 zone) 1 measure parallel to shorelf ne J 75' x 6L'5 ft. - 4(17,5 _s.f. (1) (Avg width) Area of 0-75' zone II. 75-250' Zone Area - (175'or avg lot depth in zone) A Avg width of lot in 75-250' n"no\ measure parallel to sho. in, 1 175' x /.L ✓' ft. - J0F9,.,7 5 e.f. (2) (Avg width) Area of 75-250' zone III. 250-500' Zone Area - (250' or avg lot depth in zone) x Avg width of lot in 250-500' rone\ measure parallel to •horellne / S -JW x 2F ft. - (7`,O e.f. (3) (Avg width) Area of 250-500' zone 1�315 lvf A)7-ii. >Y7� IV. 500-1,000' Zone Ai ctWi7 Are (500' or avq lot depth In tone) x/Avg width of lot in 500-3000' zone) ` measure parallel to shoreline 500' x ft. s.[. (4) (Avg width) Area of 500-1,000' zone D. HARDCOVER CALCULATION SUMMARY A. B. C. D. E. P. Existing Final Lakeshore Existing Hardcover Proposed Hardcover Allowed setback Lot Area Hardcover Percentage Hardcover Percentage Hardcover Zone In Zone In Zone (B/A)x100 In Zone (D/A)x100 Percentage 0-75' 46�ef O O \ O Bf O \ 0 \ -250' ip,en 1; t 44-7S`e sf:I `IM; \ NSbr1 Sef 4ibZ'7 \ zs \ 2/5D-400' I,'I�ib of iSDn af` 8�,7 \��sf `K6,5%% 30 \ 500-1000' Nn e[ of \ef \ 35 \ HARDCOVER LIMITATIONS INCLODEst St,,ctures with roofs c°" 4'�•e& �A� - Decks, even if slatted °r. •°� OM' y Sidewalks Pt - Driveways (paved or gravel) �5 \\k_ - Decorative landscaping areas underlain bl plastic @heating - Tops of retaining wells, rock wells 46N 0 - Any other surface that does not allow direct absorption of rainfall into the ground ROA O E. OTHER LARESRORE REGULATIONS BBC. 10.22, REGULATIONS YOH 'LR-IA', 'LR-IA-l-, •LR-IB-, -LR-1 Ce AND-LR-IC-1. ONE FAMILY LARESHOR■ RESIDENTIAL DISTRICT. Within sly 'LR-1 A', LR-lA-l', 'LR-16',-LR-IC', or *LP-IC-l' One Family Lakeshore Residential District the following regulations shall apply! Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lkeshore lots shall be at least 75 feet and no building may be located closer •l the shoreline than the average distance from the shoreline of existing reridence building& on adjacent and nearby lots. Suhd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard rover, t,.mporary or permanent sttuctures. Within 15 to 210 feet of tl,e shoreline there shall be n^ greater than 25% hard cover. Within 250 to SOO feet of the shoreline there shall ..e no greater than 300 hard cover. Within 500 to 1,000 lest of the shoreline the, vhall be no greater than 3Sa hard over. Subd. 3. Tree Removal Regulations. No trees within 75 f±et of the shoreline with the diameter of six (6) inches or more shall be reeoved without first retaining a permit froe the Council. HARDCOVER CALCULATIL,N WOR.'(SHEET _ ' Setback :or*: !circle on) 0-75' 75-250' 500-1000' 9 a [.gating Mrdcovsr \ . hug Existing HArdegrer a 300 / Sal-te-e Aardco..r in tons Lot ACAM.AILLIkin Zone •. Sou" i O f.t. ^ �`~� f•f f 100 q length ridth A S.f. Additional Hardcover to be Added in Sent A a.r. It" LenatA A Width TOTAL A.f. A S.f. - 'kl • A S.f. b. Grage —_ ..f. x -- a.f. c. CtevevtY _ ISOO f.L/ A S.f. ..f. I ) TOTAL S.F. TO RE ADDED (2i d. st er.a a x _ _ ..f, Existing Hardcover to he ReAOved, 1f any, _ Item Length x Watt TOTAL J. .. Patic/ A �— _— • —__ s.(. =+-LiCIfL�'�' _LaL_ s.f. Dock f. Land .c•pe i J. - A S.f. •re.e vnari.in . r—A� I ) TOTAL E.F. TO BE RENEVED /y� Gi(/ (n by plastic ..f. i� .h.etinq a f Final Hardcover Prop ..1, ' • A J. (Lin- (1)�. Lin (2) -Lin(3)1 . Ot Ker A s.f. I 1 -- a G I f.f. (4) Existing TO be Added To be P... ad Final A A.I. Proposed Hardcover \ . • s.f. TOTAL [YiST1}0 RA}Dt•OV[} IN ZONE • /,59DO S.f. I11 Line (1) S s'f• a 100 �y, r.�.\ Line IL j'),p s.f. HARDCOVER CALCULATION WORRSHEET Td'TA_L.. C..Lr AWO*,. �1L74'{61A Ytb"k tone, (Circle one) 0-]S' ]S-ZSO' 250-500 500-1000' Ytetir Existing pardcover \ Total Ex Ltlne X d � t :00 Yreeowf in goes Lot Area Within Zone e. we �-S_. t U-S, . %43z t.f. _ ST• s.f. t 100 . \ 30. L�} Length width h bh s.f. —�� x 50,3 • [ Additt... I Rsrdoowe to Oe added in •one. ' . /J 5 9.1. _ ttm Lonath t Width TOTAL ..f. R s.r. IV ..f. ' B. Yr.ge gyp_ • ZO q_ .. C. —Tf e. Drlvaeay giQ_ A •sue • 3 ].S x _ 115' . q 3� s x f TOTAL S.F. TO BE AODFD /& — (Z 1 d. stdeesix R alM C Eti.ting Xardcover to he Reeoved, if anyt ia,L t 2(L.f7 Item L? p,(• ngtM W{dtM t TAL n.f• �_ ..f. t /LZi a.fl i Logo s.f. .. Landscape ..[. _ t a.l. a reaa .Pdevl.in t a f by ♦++m1e �MM&Mre,. n+..lk TOTAL S.F. TO BE REMOVED /R1 9 (3) eeeeee-T t a Final Nordcove- Proposal, x S.[. ;Lane (1) • Line (2) -Line (3)) ' f. Other t �D 5 ( s'I . /LSO _ /b?4 52 •.[. ICY a.f. (al Etiatin 1 9 7o De Added to De Removed Final R . `ock-.alxr. i.5►Rw.a! 4NZ Proposed Xardewer \ . ,�i_ A. TOTAL Et ISTIM MAROCOVER IR zouz . r.Q 7j f e,f. I11 tine (al t 100 F Sa•f• 100 wi•f. f�1"AtE► � y.. _a a_t t Lin. (1) %PJ s•[• ✓V HARDCOVER CALCULATION WORKSHEET Setback tone: leircl. on.l 0-75' 15-i50' 250-500' 500-1000' Yint/N Hardcover i. Zone a. Nose 14 '32- ..r. . length width h. Data,. - c. Drivoay d. Sid. lw • 4� a.t. ✓ e J. • 4m ..r. V _ dr`L NPi,xpy Yyiy �' �e.t.� a. Putr./ Each r. Landscape °r Bran• ea, lain _ _ • a. [. by µaatlr shantieg x {�.�� � IS_..f. t. OtMa poor vt . .-y s.f.� 1C W a 'L- .. / e.f. TML EXISTING NAROtTWrs IN ZONE K I� �19D' 'r91?Y.s Yt -- Existing hardcover t . Total [dating Hardcover a 100 A Lot Area Within Zan. t11�i 51 se.f. x 100. IU9377 a•r. � r i5G.4 Z Additional Hardcover to be added !n son.. its����,,}} Langth x Width 'TOTAL e.t. a^r— 1 %D e.t. '�' • ZO TOTAL S.P. To BE ADDED (=) Existing Hardcover to be Renamed, it any: It" Length x Width TOTAL s.f. ��-lw�(IA, iii I.s 7_48 s.:. • t'.b y0(i s.f. TOTAL S.P. TO BE REMOVED /Z Zj 131 _ Final Hardcover Proposal: ILtne III t Line (2) -Line (1)1 'en s Existing To be Added To be Removed final Proposed Hardcover \ - Line (d) ItJOD _ 44� S•.r. . iao - 4a.z1 Line (n /0076' •.t. . -. ,,! r,� �, ✓ a-..... '^dt fir, �'/:. 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In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. Before granting a variance, the Council :hall h,�ar requests for variances from the literal provi-.ions of this Chapter in instances where their strict enforcemerc would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with t'.te spirit and intent of thia Chapter'Undue hardship' as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for sclar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. _ section i. ordinance Section 10.08, Subdivision 3 (A) is hereby amended by adding the following: landhe in special qconditions lir c such tthe structure or in question arepecua property or immediately adjoining property. or structures in i then s do t apply distictinwhich esaid land is locatednerally to other . . preservation r the granting application andenjoymentof necessary o asubstantialproperty right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning Code. (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. R. A. Putnam and Associates, Inc. / 6f -4 71 31,,W tF PeWM a 11HW Mentet Plea. late Holds Office Park. Eden Prune Minnesota W144 a 181U bu J@ IW.MYe a iDM e.Cuao rnmt Road. Wa data. Minnesota11181 r Ifllb OI WUR TO: Mayor Grabek Orono Council Members Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning 6 Zoning A4Linistrator DATK: July 17, 1987 RD67: 41176 Richard Putnam, 2765 Casco Point FAwW Variance - Public Hearing Swing District - LR-lC, 1/2 acre severed Application - Hardcover, side setback, aware" lakeshore setback variances to construct an addition to existing moil List of Kxhibits - A - Application B - Plat Map C - Property Owners List D - Conceptual sketch of proposed site plan E - Survey of existing development F - Letter of non -objection from C.W. Peterson, owner of property at 2755 Casco Point Road G - Hardcover calculations by applicant, verified by staff H - Conceptual elelvation sketches I - Floor plan J - Code Section 10.08 Subd. 3(A) Pertinent Pacts Allowed or Existing Required Proposed Variance -Hardcover 0-75' 0 01 0 -- 75-250' 36.4% 25% 40.2% 15.2% 250-500' 85.7% 30% 48.5% 18.5% -Average Setback 6' 0' 25' 25' Encroachment -Side Setback 2' 10, 2' 8' Detached Garage (changed to attached) Discussion - Applicant proposes to attach his existing house and detached garage. The garage is currently 2' from the lot line. He notes he might have to replace the garage foundation, but does not want to move the garage further from the lot line because that would force the removal of a large maple next to the proposed 3rd garage stall. He also notes that the trend in the neighborhood is for garages to all be at the edge of the lot, so visual spacing is maintained. The required setback for either a detached or attached garage is 10' from the side lot line in this zone. Zoning File i1176 July 17, 1987 Page 2 The proposed deck and screen porch on the lake side of the house will cause an encroachment of as much as 25' to the average lakeshore setback. However, the house that is located to the rear of the others in the neighborhood, 2755 Casco Point Road, is a unique building in that it has had all plumbing removed and is intended eventually by Mr. Peterson to be removed and a new house built, which likely will be placed forward to conform with the rest of the neighborhood. Peterson has stated he has no objections to the proposal. The hardcover variance is a result of the addition after hardcover removal and general revamping of the site. The wide parking access area will be limited, which will be a plus in the traffic's perception of road width in this area, perhaps slowing it down a bit. The hardcover involved with the house addition results in a 3.8% increase in khe 75-250' zone. The hardcover removed in the 250-500' zone is significant. Net result is no net increase in hardcover on the property, but major trade-off of non-structural hardcover for structural hardcover. Sardships= Side Setback - Although the house additions all will meet semis, the existing garage won't. the hardship is that it exists and is presumed to have met whatever code was in effect when it was built. If the garage foundation does need to be totally replaced, the hardship is the location of the tree in relation to the third garage stall. Is the need for a third stall legitimate? A_veefaiee Lakeshore Setback - Perhaps the only hardship is that the neighboring house thdt forces the issue is not in line with the rest of the neighboring houses. Is this a reasonable hardship? Does neighbor's non -objection and the potential future relocation of the neighboring house create a justification for granting this variance? Hardcover - Staff notes that without the variances, app �fcant cannot accomplish his proposed home addition. Is this a hardship? Is the lot size a hardship? The lot is only 60' wide but is 300' deep for a lot area of 18,000 s.f. or 0.41 acre in a half -acre zone. There is virtually no hardcover in the 0-75' setback area. This is typical of Casco Point. Is this a unique situation, or is it the norm? Is 251 in the 75-250' zone reasonable for this property land others like it) or is a variance appropriate? Staff Recoaendatioo - Staff requests that Planning Commission review the application in terms of the provisions of Section 10.08 Subd. 3(A) and determine whether the conditions for granting of variances to side setback, hardcover, and average lakeshore setback are present. If so, a recommendation for approval would be appropriate. MINUTES UT TBE PLANNING Co1MISSION MEETING HELD JULT 23, 1987 #1173 GARDBLIA CONTINUED Tresa Gardel Is was present for this matter and stated the hardship was the need to house Mr. Gardella's sports cars. She felt that a 5 or 6 car garage was a legitimate need for a 5 bedroom large home. It was noted that the proposed garag, was less than 1,000 s.f. in area. There were no comments from the public regardinq this matter and the public hearing was closed. It was moved by Taylor, seconded by Johnson, to recommend approval per staff recommendation finding topography a hardship and the need for enclosed storage space for more than three cars. Motion, Ayes 5, Nays 0. 11175 MALTRL AND NANC7 =ICRSOM 335 NOLLRMDRR ROAD PUBLIC REARING Application Withdrawn at Applicants Request 1176 CHARD PU7711M �5 POINT BOILD V IANCBS PUBLIC 101"ING 9:38-9:38 The Affidavit of Publication and Certificate of Mailing was noted. There were no comments from the public regarding this matter and the public hearing was closed. Assistant Zoning Administrator Gaffron exp.'ained the request for the following variances to construct an addition to the existing residence: Hardcover: 75-250' - Existing = 36.4% - Allowed = 25% - Proposed = 40.2% 250-500' - Existing = 05.7% - Allowed = 30% - Proposed = 48.5% Average Setback Encroachment. - Existing - 6' - Allowed = 0' - Proposed = 25' Side Setback -Detached Garage (changed to attached): - Existing - 2' - Required - 10' - Proposed = 2' 10 MINUTES OF THE PLANNING COMMISSION MEETING HBLD JULY 20, 1987 01176 PUTMAN CONTINUED Applicant proposes to attach his existing house and detached garage. The garage is currently 2' from the lot line. The applicant notes that the garage foundation may have to be replaced, but he does not want to move the garage further from the lot line because that would force the removal of a large maple next to the proposed 3rd garage stall. Applicant has noted that the trend in the neighborhood is for garages to all be at the edge of the lot, so visual spacing is maintained. Richard Putnam was present for this matter and showed rendering! of the proposal. Cohen, Bellows, and Johnson felt that hardcover was not a problem in light of the slight increase in the 75-250' and the proposed reduction in the k50-5001. Planning Commission majority felt that the side setback of 10' should be adhered to if the garage foundation is to be replaced. Johnson felt that the existing/proposed location of garage was acceptable. Mr. Putnam stated that the hardship was the need for more storage space for cars and outdoor recreational equipment. Assistant Zoning Administrator Gaffron noted that the adjacent house at 2755 Casco Point Road currently has no plumbing and is intended to eventually be removed and a new house built, which likely will be placed forward to conform with the rest of the neighborhood. Because of this fact, Planning Commission felt that the average Lakeshore setback should take into aeration the house location north of 2755 Cas.- Point Road. Planning Commission felt this more accurate average lakeshore setback information was needed to act on the proposed porch addition. Planning Commission member Hanson's written comments as follows: 'I have reviewed the applicant's proposed project and generally feel the design is appropriate for that neighborhood. In general, I feel the lack of hardcover at 0-754 weighs favorably against the change at 75-250'. A third stall, ir.* egrated in the design as it .a, is acceptable but tr^dable. Side setback at garage in O.R.' Mr. Putnam did not wish to del-y the application pending additional information, t,trefore, asked Planning Commission to make a recommerdrtion. 11 MISYl6B Of TWO PLY•ISC COM 19SIM IO WING RID JOLT 20, 1987 1117O POT%A6 COORIBOm It was moved by :hairman Rel ley, seconded by Cohen, to recommend denial of the proposal based on insufficent facts regarding average lakeshore setback. Motion, Ayes 1, Mays 1. Johnson voted nay. 0117O O3ICOML PLAR 41e5 IO TOWDUE so" 3SS1CM PLY RPITi Assistant Zoning Administrator Gaffron explained the sketch plan to divide off second dwelling from main house that i■ being required as a condition of Resolution 12122. Applicant has been allowed to use th,. easterly access pending this subdivision request. Applicant is submitting two preliminary proposals review for: 1) Conceptual review of the proposed driveway access corridor: and 2) Conceptual review of the proposed lot line revision with the applicants westerly property. Ths boundary change is intended to give applicant more land in the easterly parcel by dropping the westerly parcel to the minimum of 5.0 acres dry buildable. Applicant prefers Proposal I, leaving 5.0 dry acres .n Lot■ 1 and 2 and 14.4 total acres in Lot 3, a flag lot with a 30' access corridor to serve that house over the driveway that is in place (access point to be Moved so it i■ within the 30' corridor). Staff has no problem with this access location on Watertown Road from a safety standpoint. Proposal II is essentially the some but leaves a 50' access corridor. Staff prefers Proposal II. The wetland in the westerly parcel (Lot 1) has what staff would call an •indefinite• boundary. Chairman Kelley felt it important to define the wetland prior to %ny approval. Mr. i Mrs. Michael Plank •Here present for this matter. Michael Plank stated that after the wetland is defined, Lot 2 will be adjusted to meet the minimum of 5.0 acres dry buildable. Assistant Zoning Adminis Bator Gaffron noted that the adjacent neighbor, Joe Saw .:uk, •105 Watertown Road, has concerns with the access ! e^ause it is so close to his house. Mrs. Plank stated ttat it their intention to heavily screen the access from the+wchuk property to protect the privacy for both proN•- -wners. 12 To: Mayor Gr,hek Orono Council Members City Administrator Bernhardson ?rota: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Datez August 6, 1987 Subject: 41176 Richard Putnam, 2765 Casco Point Road - variance List of Rzh.'bits Exhibit A - Survey With Staff Sketch of Average Setback Lines Exhibit B - Planning Commission Minutes of 7/20/87 Exhibit C - Memo 6 Exhibits of 7/17/87 Discussion - Please rev ew the memo and exhibits of 7/17/87 and the Planning Commission minutes. Applicant requests variances for hardcover, side setback, and average setback to construct additions to his home. Planning Commission reviewed this request on 7/20/87. Their discussions led to the following conclusions: - Regarding hardcover variances - 4 approved, 1 disapproved - Regarding side setback variance - 1 approved, 4 disapproved - Regarding average lakeshore setback variance - concensus was that 2nd house to north (2745) shoulc be shown on survey since it ultimately determines how far forward the immediately adjacent house (2755) will be rebuilt toward lake wher, exi ting seasonal (no plumbing) structure is torn down. Upon applicant's request to avoid a time-consuming tabling, Planning Commission voted 4-1 to deny the variances, noting that additional facts would be needed to fairly consider the average setback issue. Staff would refer to Exhibit A which discusses the average setba k issue. If thr house at 2755 moves forward as far as it legally could, Putnam's prop,sed gazebo would require a 9' average setback variance instead of 25'. Also review the issues as outlined in the memo of July 17. Staff Recommendation - Staff recommends that Council review the requested variances relating to the justification andardships presented. Staff will draft a resolution reflecting Council's action for your next meeting. NINU'PES OF THE REGULAR ORONO COUNCIL NESTING HELD AUGUST 10, 1907 11173 DAVID AND iREBA GARDELLA 1230 ORONO OARS DRIVE VARIANCE :.RSOLUTION 12242 David and Tress Gardelld were present for this matter. City Administrator Sernhardson explained the requ­t for a front yard setback variance to construct a detached 24' x 36' 3-stall garage. He noted that a side setback variance would be needed if garage were attached to existing house. In addition, major land alteration would be required if garage were placed on north and east side, the well is located on the east side of house, and septic system located in backyard. The garage would not be visible from the neighboring property if constructed in the proposed location. Zoning Administrator Mabusth noted that there is an existing 3 stall attached garage. The purpose for the additional 3 stall garage is for storage of ccllector automobiles. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution 42242 approving the front yard setback variance to construct a detached 1.. - garage as presented. Motion, Ayes 5, Nays 0. Ie1176• RICHARD POTMAN 2165 CASCO POINT ROAD VARIANCES City Administrator Bernhardson explained the request for hardcover, side setback, and average setback variances to construct additions to the existing house. Planning Commission reviewed this request and came to the following conclusions: 1. Majority (4-1) approved the hardcover variances. 2. Majority (4-1) denied the side setback variance for garage feeling that if garage foundation must be replaced, garage should be moved to conform with setback. 1. Regarding average lakeshore setback - consensus was that 21.d house north (2745) should be shown on survey since it ultimately determines how far forward the immediately adjacent house (2755) will be rebuilt toward the lake when existing seasonal (no plumbing) structure is torn down. Upon applicant's request to avoid time-consuming tabling, Planning Commission voted 4-1 to deny the variances, noting that additional facts would be needed to fairly consider the average setback issue. 4 MIEUTES OF TEE REGULAR ORONO COUIICIL MEETING SOLD AUGUST 10, 1987 11176 PUTNAM CONTINUED Richard Putnam was present for this matter. He reviewed drawings of his proposal to construct an addition to connect the existing house to the enlarged garage, and a porch addition. He explained the reasons for placement of garage and porch due to the effort to save mature tree(s). He noted the letter presented to Council this evening from neighbor Kenneth Erickson stating no objection to the plan. Planning Commission Chairman Kelley noted that Planning Commission discussed the lack of hardship involved and also the fact that the house may be for sale. Mr. Putnam stated that the house is not currently for sale, but if his request is not approved he would sell the house because the existing house currently does not meet his needs. Planning Commission Chairman Kelley noted that Planning Co ission felt the project as a whole was ambitious. Councilmember Sim felt that the proposed screen porch would obstruct the sightline even given the most generous average lakeshore setback line, and also felt the proposal was too ambitious. Councilmember Goetten felt the plan should be scaled down in order for her to approve. She felt a 3 car garage was not appropriate for this area. Councilmember Callahan felt that the attaching addition seemed appropriate in conjuction with necessary repair of the existing garage. He did not feel the porch would affect views and would enhance the lakefront. Councilmember Goetten reiterated her feeling that a 3 car garage was not appropriate for this area. She felt an average laksshore variance for an open deck area would be appropriate but not for the proposed enclosed screen porch. Councilmember Sime concurred with Councilmember Goetten. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the variances and proposal as submitted. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. KENNETM N. ERICKSON 2773 Casco Point Road Wayzata, Minnesota 55891 471.7882 To CiTv OF ORONO Re Remodeling plans of Dick 6 Jan Putnam 2765 Casco Point Road August 8. 1987 we have gone over the Putnam remoaelmg plans with them we think they would result In a definite improvement in the apoearance of our area and be an asset to this commumtu It would be a continuing upgrading and improvement in homes such as Other recent remodeling projects in the area Examining them In relation to other adjacent homes snowed that theirs would be very much in a comparable line'10eside with the two houses on their south side, and the second one or, the north The yellow hoU9e adjacent is old and not a year -around facility and is used only as a summer piece part-time or weer -ends we hive no oblections to the Putnam s plans Fatner we believe they would result in a distinct improvement to our immediate area This would be especially true for the appearanre along Casco Poll,' Foad Sincerely. /� 9��t Road Kenneth H ri .Fson To: Mayor Cmbek and Members of the City of Orono Council From: Janet and Dick Putnam AM 1007 2765 Casco Point Road Wayzata, Minnesota Date: August 10, 1987 Re: Variance Requests Necessary for Remodeling or Existing Home 2765 Casco Point Road Mr, Mayor and Members of the City Council, I would like to briefly explain our proposed Improvements to our current residence on Casco Point, expecially since the 4 to I vote to deny ocr application at the July Planning Commission meeting. My family was surprised by the four commission members' objections, and the approach the Individual members exhibited. To begin, I wish to compliment Mr. Caffron of your staff for his help in explaining the city procedures and for his understanding of our project. Mr. Caffron has visited our home on three o. casions to Inspect and discuss our plans. The staff report of July 17 presents most of the issues In a fair and concise manner. The staffs recommendation suggests review of our application based upon the,nrovisions of section 10.08 subs. (A), conditions for granting a variance. I would like to respond to those conditions as set forth in subd. (A). 1. Tie basic reason for granting a variance as stated in subd. (A) is that such a variance and the resulting Improvements to the property will not adversely affect the public health, safety and welfare of the community, traffic safety, reduce surrounding property values, or create a danger of fire or public safety ccncem�. Our proposed plan will enhance public safety and tmffi- an Casco Point Road by defining the roadway aryl reducing speed on the comer (refermA to In staff report). Also the proposed plan will narrow our existing driveway frontage rmm 80 + feet to 30e feet. Our proposed home additions will Increase the value or surmu ding properties by the improvement of our existing home. The existing garage is about 9" to I foot below the elevation of Casco Point Road, due to repairing or the street over the years without a permanent curb. The street's grade water runs into our garage and has ruined the floor and helped crack some foundation walls. The garage is not of an adequate size to allow parking for vans or utility vehicles without removal or the doors (one door is currently removed). The inability to lock our property no doubt contributed to the theft of items from the property in 1985. The current appearance or the 18'8" X 18'8" (interior dimension) garage without doors is not a positive neighborhood influence. Presently our refuse cans are kept In a three sided enclosure ad)acent to the street an our south property line. Because these containers are adjacent to the street and not kept In a garage they am a constant source of delight for dogs and racoons. Me resulting mess and the unsightly visual aspect or refuse cans adjacent to the street. is not an asset to August 10, 1987 Page 2 the neighborhood. If our plan is approved, all refuse storage will be in the added garage space. The cur,ent garage is 2 feet from our north property line and our south neighbors, Ken and Elaine Erickson's garage, is currently located 3 Inches on our property. We have told Ken and Elaine to draft a deed for the property to convey the land under their garage to their lot. The garage on the property on the north, C. W. (Bill) Peterson's, Is located on the other side of his tot (north side) and leaves ample space between our existing garage. Mr. Gaffron explained this unique circumstance in his report, unfortunately, four Planning commissioners did not consia,r the existing conditions of the neighborhood. If we were to move our garage as recommended by the four commisioners, we would remove a 24" maple tree and have our lot frontage with only 171 feet from Erickson's garage, and 10 feet from Peterson's property line. Basically, the home would not be visoble from the street, only the garage doors. Our architect and nd(acent neigh do not believe this would be of benefit to the neighborhood. 2. The lot is very well suited for the plan proposed by our architect due to its shape and location of structures. The 300 : foot deep lot allows our home to be located about 150 feet back from the take, and the patio/deck area 130 feet back from the shore. No hardcover is proposed, or exists, closer than 125 feet from the shore. The issue of average Lakeshore setback was not clear ' t the planning commission meeting. Purther study by Mr. Gaffron and myself, Indicate that the Erickson home and deck extend to our existing patio, and the nearest permanent structure north is located about even with our existing deck. I completely agree with Mr. Caffron's analysis of C.W. Peterson's plans and the unique condition of his cottage. 1 do not believe that a home which would not be given an occupancy permit should determine the average setback, when all adjacent permanent structures conform with each other. The distance our home and screen porch addition are set back from the take share, and the fact they are in line with neighboring properties, should provide ample reason for a variance, if indeed one is needed because of the nonarabitatated structure. 3. The lost Item of concern is the hardcover requirement in each of the zones. As Mr. Gaffron confirmed, the proposed plan would result in an Increase of 3.8% in hardcover in the 75'-250' zone. His report states that no increase In hardcover on the property is proposed. In fact, we are reducing total hardcover by 225 sq. ft. on our lot. The staff points out that we are replacing non-structural hardcover with structural. Review of our hardcover worksheet puint.: out that iron -structural hardcover is driveway, sidewalks and concrete patio or deck, no rock planting, etc. are included. Much of the proposed structure Is located over the existing hardcover areas; driveway, patio and sidewalk areas. We are adding to our home between the existing home and existing garage, not within existing side yards or toward the lake (except for porch). We believe removal of 30' of driveway and replacement with gross and plantings gives the neighborhood significant benefit. SLmma 1 have been a resident of Orono for 40 years and grew up in the same area we currently are living In. We remodeled our home nine years ago by adding a basement and completely remodeling the home. Sloat/Logan Architects has prepared plans for our proposed remodeling and we truly believe that the proposed home design, and changes to the site plan will greatly enhance our property and will enhance the ndjacent homes and general August 10, 1987 Page 3 neighborhood. Janet and 1 respectrully request that the Citv Council grant the variances required to allow remodeling plans to proceed through the city's building permit process. Thank you for your consideration. Sincerely, I�vc- C -t Jost !Wt"-Wn Dick and Janet Putnam APPLICATION NO. 1176 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/11/87 --------------------------------------------------------------------------- TO: Richard Putnam COPIES: 2765 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATIONS XX Variance ------------------------------------------------------------ DATE OF MENTINOs 8/10/87 VOTE: 4 For 1 Against COUNCIL ACTION - NDTIONs Council granted conceptual approval of your proposed variances for side setback, average lakeshore setback, and hardcover. A formal resolution of approval will be drafted and presented to the Council for review and final approval at their August 24 meeting. 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. To: Mayor Grabek Orono Council Members City Administrator Bernhardson lr4: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: August 20, 1987 Subject: 01176 Richard Putnam, 2765 Casco Point Road - Variances - Formal Resolution Attached is a formal resoltuion for approval of the side setback, average setback, and hardcover variances conceptually approved by the Council on August 10 by a vote of 4-1. Note that Condition 1 requires the dedication of a portion of right- of-way for Casco Point Road. Ihile the legal description of applicants property includes area to the center of the 40' Casco Point right-of-way corridor, only a small portion of the traveled road lies within the 20' on applicants side of the corridor center line. The City Engineer recommends dedication by quit -claim deed of 10' of right-of-way outside the traveled pavement as noted in Condition 1 of the Resolution. •ROPOSED MOTION: Moved by , seconded by , to approve Resolution No. granting side setback, average lakeshore setback and hardcover variances for Richard Putnam at 2765 Casco Point Road. Ayes , Nayes REVISED 8-21-87 (DISCARD MEMO a RESOLUTION OF 8-20-87) Tos Mayor Grabek Orono Council Members City Administrator Bernhardson Freers Michael P. Gaffron, Asst Planning a Zoning Administrator Date: August 20, 1987 Subjects #1176 Richard Putnam, 2765 Casco Point Road - Variances - Formal Resolution Attached is a formal resolution f(r approval of the side setback, average setback, and hardcover variances conceptually approved by the Council on August 10 by a vote of 4-1. Note that a thorough review of the plat map and survey indicates that the 20' strip at the east end of the survey is actually the 20' dedicated for right-of-way on the plat of Spring Park, although only a small portion of the actual traveled roadway is within this 20' corridor. TFis technically results in the need to grant a front (street) setback variance for a 20' setback instead of the 30' required, although the paved roadway will still be 40' from the garage. The hardcover percentages are based on applicants actual "used" property area, since you are approving removals of his private hardcover existing on porti(ns of his property that are technically dedicated for public use. We realize that although the facts of the proposal have not changed, our representation of the lot line versus right-of-way line has changed so that your perception of the project and the variances technically may be are slightly altered, hence this memo of clarification. PROPOSED MOTION: Moved by _, seconded by _ , to approve Resolution No. granting side setback, street setback, average lakeshore setback and hardcover variances for Richard Putnam at 2765 Casco Point Road. Ayes _, Nayes CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ---------------------------------- TO: Richard Putnam 2765 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION= XX Variances ---------------------------------- DATE OF IEETING: 8/24/87 COUNCIL ACTION - NOTIONt APPLICATION NO. 1176 NOTICE OF COUNCIL A-MON Date of Notice: 8/31/87 -------------------------- COPIRE: ------------------ ------------------ VOTE: 4 For Against To table formal action on your variances application pending further review by the Planning Commission. Council referred your application Lack to the Planning Commission for additional review based on the introduction of new information involving the dedicated right-of-way of Casco Point Road and need to grant additional street setback variance for proposed construction. Your application will be scheduled before the Planning Commission at their special meeting on Tuesdai. Se tember B 1987 and rescheduled for the Council at their September 4, 987 meeting. TO: Planning Commission Chairman Kelly Planning Commission Members City Administrator Bernhardson Pro» Jeanne A. Mabusth, Building 6 Zoning Administrator Date: September 1, 1987 Subjects 11176 Richard Putnam, 2765 Casco Point Road - Referral by Council for Additional Review At their August 24, 1987 meeting, Council referred the Putnam Application back to the Planning Commission for additional review at the request of the Planning Commission representative based on the introduction of additional information. The actual status of the road right-of-way was never determined. The subject 20 feet is actually dedicated right-of-way for Casco Point Road and the now attached garage is not 38 feet from the str,�et setback line but 20 feet. The hardcover calculations originally presented to the Planning Commission have been altered by removing the area of the dedicated road (20'x60') from the total lot area. A copy of the Planning Commission minutes of 7/20/87 have been enclosed for your review with a sketch of the actual right-of-way and travelled road. r c- �) - iK 1,7k 7 rgorc,,) -rd DtNY EASU-b oOpy �rngn�cxuAlts� OF IHE 6enNrcr Vorr 5-r? — D)D NeYr ADDRtSr sPt crs�c /S SUES �'R. FAN IY NG.� RUT <./ ab TPA- Tyf k fNUf'7 Cl:a MINUTES OF THE PLANNING COMMISSION MEETING HEIR SEPTEMBER 8, 1987 I1176 RICHARD PUTNAM 276S CASCO POINT ROAD VARIANCES REFERRED BACK FROM COUNCIL Mr. Richard Putnam was present for this matter. Acting Chairman Bellows explained that she was the representative at the Council meeting when this was presented. The Planning Commission originally denied this application 4-1 because the Commission had a lot of questions and reservation about this application, and Mr. Putnam wished to not be tabled for a month but be sent on to Council. The general concensus from the Council was there was no strong feeling about how the Planning Commission felt on this issue. As it was brought before the Council, the need for an additional variance was determined by staff and at that point it was recommended that it be brought back to the Planning Commission for further review. Asst Planning 6 Zoning Administrator Gaffron explained that the original review of this application presumed that the edge of the dedicated road came to a point further east, but in fact the dedicated roadway cuts into the property more than expected which does change the street setback for the garage from 38' to 20'. The property to the south has the same portir, of dedicated roadway over their property and to the north .t is questionable. The road is actually off -set from the corridor quite a bit. The major change resulting is the 250-500' zone is actually smaller. In calculating hardcover for the property within the dedicated right-of-wa}, which yields a hardcover percentage reduction from 85% dowr. to 48%; or, if applicant's property for hardcover purposes does not include the dedicated right-of-way the hardcover reduction percentages are from _% down to _i. Mr. Putnam noted that nothing has changed but the interpretation of the plat. Asst Planning s Zoning Administrator Gaffron explained if the garage faces the street, it requires a 30' setback. The attachment of it to the house also means the entire 20' front the right-of-way where 30' is required. He noted that per the drafted resolution, page 3, 4 variances are required (: if the 250-500' area is separate). Johnson felt that the Commission had denied the application once and he feels that the application should not have been brought back to the Commission. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 8, 1987 11176 RICHARD PUTNAM 2765 CASCO POINT ROAD It was moved by Acting Chairman Bellows, seconded by Cohen to deny application i1176 for Richard Putnam of 2765 Casco Point Road, based upon the number of variances required for this project, all of which when combined together constitute an overly ambitious use of the land. Motion, Ayes 5, Nays 0. Cohen noted that he seconded the motion because he feels that if this application is approved it would be setting a negative precedent. #1164 GERALD T. MCCOURTMEY 1055 PERNDALE ROAD NEST VARIANCES CONTINUATION OF A PUBLIC HEARING 7:05 - 7:07 The Affidavit of PuLlication and Certificate of Mailing were noted. Gerald McCourtney end James Credit. his architect, were present. Building 6 Zoning Administrator Mabusth explained the applicant is seeking a hardcover variance for a bathroom, laundrette and dinette addition in the lakeshore yard. This is a 1.58 increase in hardcover in the 75-250' setback area. They also will require a 15' side setback variance; 30' side setback is required. The house currently does encroach into this setback and they will not be encroaching any more. There is no increase of deck space and the additions are actually over the existing deck area. Mr. P',-ourtney noted that the are doing these additions and replacing inadequate windows their hcme up to a closer neighborhood. house is older and while they remodeling they will also be This project should bring valuation as others in the There were no comments from the public regarding this matter and the public hearing was closed. Staff has received no negative comments from any of the surrounding neighbors. It was moved by Cohen, seconded by Hanson to approve the side setback and hardcover variances as proposed. Motion, Ayes 5, Nays 0. #1186 DOUG BUMCARDNER 3800 WAYZATA BOULEVARD CONDITIONAL USE PERMIT/COMMERCIAL SITE PLAN REVIEW WITHDRAWN PER APPLICANT'S REQUEST TO: Mayor Grabek 6 Orono Council Members City Administrator Bernhardson ►rm: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: September 9, 1987 Subject: t1176 Richard Putnam, 2765 Casco Point Road - Variance - Resolution At your August 24, 1987 meeting, this item was referred back to the Planning Commission for further review of the proposal in light of the staff's revised conception of the street lot line location. This resulted in better hardcover percentages in the 250-500' zone (575/750 or 77% reduced to 270/750 or 36%, rather than 85.7% down to 48.58), but also results in the technical need for a street setback variance for the garage to be 20' 4nstead of the required 30' from the street lot line. Planning Commission again voted to recommend denial, based on the sheer number of variances required and the 'overambitiousness' of the project. Please review the resolution attached in the August 20, 1987 memo, which reflects Council's 4-1 conceptual approval of the project on August 10. AWOvtt y-1 ZONING PILE NO. 1176 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/9/87 -----------------------------------------------------------------_-----___- TO: Richard Putnam COPIES TO: 2765 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: XX Variance ---------------------------------""---------------------- DATE OF MEETING: 9/8/87 VOTE: 5 For 0 Against Planning Commission recos ends the following: XX Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: Motion to deny was based on the project being too ambitious for this limited property; Planning Commission stated that the number of requested variances in total was too extensive to warrant approval. Applicant's next scheduled meeting is confirmed as: City Council Septemberl4, 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. 7../' f j yt1 VIA t A, l 67 ...w.a../ I / j City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. '254__ ♦ C A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 611B) AND SECTION 10.22, SUWXVISIONS 1 AMD 2 FILM #1176 WERRHAS, Richard Putnam (hereinafter "the applicant") is the owner of the property located at 2765 Casco Poi:,t Road within the City of Orono (hereinafter -City-) and legally described as follows: Lot 132, Spring Park, Hennepin County, Minnesota, according to t::e recorded plat thereof, that part of Lake Shore Avenue dedicated on the the recorded plat of Spring Park and now vacated and that part of a tract of land on the opposite side of said avenue all lying between the westerly extension of the north and south lines of Lot 132 in said plat (hereinafter "t'.e property); and NEEREAS, 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 room and garage additions to attach the existing residence to the existing detached garage which is only 2 feet from the side lot line where a 10' side setback is normally required for an attached garage; and a variance to Section 10.22, Subdivision 1 to permit construction of a deck and enclosed porch (gazebo) structure that will encroach 25' past the existing average lakeshore ■etbacl .ine and 9' past the potential future average lakeshore setback line, where no encroachment is normally allowed; and a variance to Section 10.22, Subdivision 2 to allow an increase in hardcover in the 75-250' lakeshore setbact zone from 36.16 existing to 40.21 where only 251 hardcover is normally allowed, and to allow 48.5% hardcover in the 250-500' lakeshore setbacK zone where 05.71 hardcover exists but only 30% is normally allowed; and a variance to Section 10.25, Subdivision 6(B) to allow a street setback of 20' where 30' street setback is normally required. NOW, THEREFORE, BE IT RSSOLVRD by tue City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File i1176. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2254 3. The Orono Planning Commission reviewed this application on September 14, 1987 and recommended denial of the proposed variances based upon the following findings: a) Four of five Planning Commissioners present indicated approval of the hardcover variances, finding that the proposal results in a net overall decrease of hardcover square footage on the property and in the dedicated right- of-way of 224 square feet. b) Four of Five Planning Commissioners present indicated disapproval of the side setback variance for the garage, based on the knowledge that the garage will likely require a new foundation and the opportunity to move it to a conforming location would then exist. c) The Planning Commission generally felt that the average lakeshore setback should be reviewed under the assumption that the seasonal residence immediately to the north will eventually be removed and replaced with a house closer to the lake, thus revising z.pplicants average setback line. 4. The City Council finds that the increase in hardcover in the 75-250' zone is adequately counterbalanced by the proposed decreases in the 250-500' setback zone. 5. The City Council finds that the magnitude of actual reduction of potential or existing lakeshore views froc neighboring properties will be such that it does not create a significant view encroachment. 6. The Council finds that the location of an existing mature tree is a hardship to moving the proposed garage to the south, and the locations of garages in the immediate neighborhood generally located nearer the northerly lot line then the required 10' setback, will not create a safety hazard nor a visual crowding effect if the proposed 2' side setback for the garage is retained. 7. The Council finds that as a result of the attachment of the house and existing garage, the house setback will technically be 20' from the dedicated right-of-way where a 30' street setback is normally required, but will still maintain a 40' separation from the edge of the actual paved and traveled roadway. 8. On August 10, 1987 the City Council voted 4-1 to conceptually approve the requested variance and directed staff to drat• a formal resolution for approval. Page 2 of 6 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF I NO. 2254 • • 9. 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. 10. 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. CONCLUSIONS, ONDNR AND CONDITIONS Based upon the above findings, the Orono City Council hereby grant■ a variance to th^ Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit the construction of room and garage additions to attach the existing residence to the existing detached garage which is only 2 feet from the side lot line where a 10' side setback is normally required for an attached garage; and grants a variance to Section 10.22, Subdivision 1 to permit construciton of a deck and enclosed porch (gazebo) structure that will encroach 25' past the existing average lakeshore setback line and 9' past the potential future average lakeshore setback line, where no encroachment is normally allowed; and grants a variance to Section 10.22, Subdivision 2 to allow an increase in hardcover in the 75-250' lakeshore setback zone from 36.4% existing to 40.21 where only 25% hardcover i■ normally allowed, and to allow 48.511 hardcover in the 250-500' lakechore setback zone where 85.7% hardcover exists but only 30% is normally allowed; and grants a variance to Section 10.25, Subdivision 6(B) to allow a 20' street yard setback where a 3C' street yard setback is normally required, subject to the following conditions: Page 3 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1. Hardcover on the property in the 75-250' setback zone shall be limited to the following items: (Area of 75-250' zone = 10,937 a.f.I Existing Home 1432 s.f Garage 4 Home Addition 1100 e.f. Existing Garage 400 s.f. Driveway 238 s.f. Deck not over patio 85 s.f. Patio 576 s.f. Rock walls 194 s.f. Sidewalk 260 s.f. Added Deck N. of patio 120 s.f. 44 55 or 40.2% (Refer to Exhibits A 6 8 Attached) Hardcover in the 250-500' zone shall be as follows: (Area within 250-500' zone is 1950 s.f. total, of which 1200 s.f. is in the right-of-way for Casco Point Road as dedicated on the Plat of "Spring Park", and 750 s.f. is within the property boundaries westerly of the dedicated right-of-way) Driveway (west of right-of-way) 270 s.f. Driveway (within right -of -ray) 580 s.f. Sidewalk (included in 75-250' --- zone calculations) TOTAL 850 s.f. or 48.5E Note: For percentage calculation purposes, because applicant is removing unnecessary hardcover within the dedicated right-of-way, the 250-500' hardcover percentages allowed are based on using t "combined area of property and right-of-way less the paved roadway", or 1750 s.f., as the denominator. 2. Applicant is advised that future proposals that result in additional hardcover on the property will not be approved, but might be approved only if concurrent hardcover removals result in no net increase in hardcover. 3. 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 (August 24, 1908). 4. 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 he punishable as a misdemeanor. Page 4 of 6 City of ORONO RESOLUTION Of THE CI Ty COUNCIL NO. 1254 5. 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 14th day of Jeme R. Gra � ,✓ Mayor 4..L LZn6Y-YVL Page S of 6 CITY OF vmcll STATE OF MINNESOTA COUNTY OF HENNEPIN City cif ORONO RESOLUTION OF THE CITY COUNCIL NO. 2254 On this 20th day of October , 198 7 before me a Notary Public within and for said county, personally appeared R' known to me to be the per sons) described in and whc execu ed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. N TARY P LIC * L �Nas� �r�t• y, w�rr„ r� cww 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )as. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Perin and for said County, personally appeared known to me to be the person •described n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 6 of 6 I "E,K(J 90 I Q� OI 0 • • / 40 a Bosenrvrlf re(ev Q43a �I As TVs � � n A t i 7r� of I Ci o C i far 1jG EXHIBIT A(tEsa�. No. 2254 i EXiss�4 i4ARCCOVfk ��` Ct�r7-kt�l�i �T ticAr.wv.) I I i EXHIQIT g , RESOL , No. APPROVED Ho%abco V /FFrEjt 12cmoYAf.9 STATE OF MINNESOTA COUNTY or VINNIPIN CITY OF O1O10 I Dorothy M. Wallin, 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 September 14 . 19- - , and that the some is a true and correct copy of said resolution was duly ■dopted by ■aid City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 'h , day of OCLObet 19 /Dorotny M allin, city C •rk (SESL1 MINUTES OF THEREGULARORONO COUNCIL MEETING HELD SEPTEMBER 14, 198, T RICHARD PUTNAM /I-1,b 2765 CASCO POINT ROAD VARIANCES FINAL RESOLUTION 02254 City Administrator Bernhard -on explained the request for variances to permit the co:,struction of room, garage, deck and enclosed porch ae..ditions to the existing house. On July 20, 1987, Planning Commission recommended denial of the request (4-1) based on insufficient facts. On August 10, 1987, Council conceptually approved the request (4-1). On August 24, 1987, Council referred the application back to Planning Commission for further review of the proposal in light of the staffs revised conception of the street lot line location which resulted in lower 250-500' hardcover percentages, but also the technical need for a street setback variance. On September 8, 1987, Planning Commission recommended denial of the request (5-0) based on "overambitiousness" of the project and excessive variances in total. City Administrator Bernhardson reviewed the actual status of Casco Point Road right-of-way. Richard Putnam was present for this matter and addressed the reasons for Planning Commission denial as follows: 1. "Overambitiousness" of project - he did not feel the current proposal is overambitious based on the extent of work he has already done to the house since he purchased the property as a seasonal cottage. 2. Regarding the variances requested, he noted that all variances either currently exist or are an improvement from what currently exists. Councilmember Goetten noted that "overambitiousness" refers to the project being too large for the lot, in which applicant's lot is only a 60' substandard lot. She felt the project should be scaled down as done in previous applications that were considered overambitious. It was moved by Mayor Grabek, seconded by Councilmember Sims, to adopt Resolution 42254 granting the variances as proposed in consideration that many of the requested variances currently exist and that the project is consistent with the neighbohood. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. Motion carried. Richard P,•tnam commented that the Casco Point residents were pleased with the City staff 'a handling and operation of the Parade Home in their area. CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ----"----------------------------- TOt Richard Putnam 2765 Casco Point Rord Wayzata, MN 5539: TYPE OF APPLICATION: XX Variance --------------------------------- DATE OF MEETING: 9/14/87 COUNCIL ACTION - MOTION: ZONING PILE NO. 1176 NOTICE OF COUNCIL ACTION Date of Notice: 9/15/87 ------------------------- COPIES TO: --------------------------- VOTE: 4 For 1 Against To approve per the findings and conditions of the resolution previously mailed to you. 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 C`. ty. Variance approval expires one year after date of approval. Permit application must be submitted no later than September 14, 1988. You must apply for and obtain a building permit prior to commencement of conattuction. (The building permit application is a separate application from the zoning variance or conditional use application.) Please should 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. If you desi_e certified copies of the official Council minutes, -hey are available from the City Recorder or City Clerk after review a?d approva: by the City Council. POPHAM. HAIK.SCHNOB RICH 6 KAUFMAN. LTD. JJOO VV[N Jwatnu rO N[e MINN4wIOWS. MINNESO.w 55.02 •[L[orvO+t i •BOO O. Nr V~. •...v [ x •• BWq N00 • • .•..•� u .Bea.• . .. o0o sara.txN.x s.cu. . e.[ o.. .o[. ocNvice. cotncwoo eoa oc ., ..•.x �` o o •• .n vxoua ao J ..Bcaco ...v o.Rc ,o a.er Jve. B.Mox o.. o' • a0..[ l o CO.—.no� era .cox.c.•• a..m B.,.n •. .goo M .•.0... go. ..ae�. �e..:;•. coca•.... •.� wwa.a No+o N. o. c. cooze ..... .•a.LB ¢aarxaxa ro.-eze ...c. • o.a. c •• •• .naco•n. zoa-es-u s .n.a.w•. DIRECT DIAL NUMBER ry ry a •v[x .00rv4ax. • ... 334-2549 w .x..Bx ....,.... .. w ax B.......N :tee ......... November 23, 1987 8=.-..Bxx.e. ....8..,.Bx Ms. Jeanne MabUsth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: T,isted below are variances which cannot be filed in the chain of title because they are registered as torrens properties. Name Resolution No. Swenson 2256 Rahn 2276 cinnow 22 -9erkert 2241 151987 Perry 2284 Huber 2274 Erickson 2215 Putnam 2254 If you have any questions, please feel free to call either me or my secretarf, Joyce Pedersen at 334-2736. very truly yours, N�� E. Husni�/� Legal Assistant EH/jlp/.'7f Enclosures