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' · ~Transmittal: TO: ']!...t} vc.,, \Ir). no M.TE: ~Ax: 47 3 r O:i(O WE ARE SENDING TO YOU: VIA: ( J MAIL ~ FAX ( J AIRLINE [ J COURIER '- THESE ITEMS: ( ] PRJ.NTS ( J LETTER/MEMO -I I SPECJFlCA TION l ] ORIGINALS [ J REPORT ~ I I CUAN<E OR.OER ( J RE PRODUCT ABLES [ J PLANS -I I SAMPLBS [ J COPffiS r I DETAILS L J SOOP IaA WINGS - QtJANTITY DATED SHEET# DESCR.IrTIONi .J./.. ' REASON FOR TRANSMJTI AL: t---~'-~...;~ _F_o __ R_Y_o_UR __ u_sR_, ----~--__;;_M'i~_A_S~RE_\QU-'--~;......-----~---l I ] FOR YOUR APPROVAL l I APPROVII tAII SUBMITTED 1--:.;;m1;.;.l";:.._F_O_R_RE_vt_E_; w_AND __ c_O_Ml\{E __ NT ____ .:.,1 ~J _AP_P_R_O ........ VI ~jiio-/flj=...;;t«) ____ TE_D ______ --1 '--"""I -'J'--RE_· T_l_fllNE __ D_F_·O_R._C~O_RRE __ C_T_IO_N_S __ ~( ___ J _F_O_R_n_w.l e~:~==~-===--.........l REMARKS: -~'-.l~ .......i,:,J\I c,..J I • ._ ..... -.. --' ........ -r-.... i ... ·•··~--.... FROM: __ __::_::::_~0~1,+~-~-~=--_.s;;;-~~~-,~ ~ . ..::;i.__ _ __._..,L~------- COPJ ES TO: ~--------~--------~------- .. F'.1/~ -' " ------... -~-- ------------... -- I I I 1 I \ \ ·/ I j_ ___ _ I ffj I I I ( r, -I I I PP I Lf---ft I ---'~ ~- \ \ ---4.. ' I \.,, '"' 0' } ----r-____ , ·-- ::; l.,J - -1/1 if: I 8 .,:r --=r---------+-/ --- .• J "97 1[1: 54AM AT8,T ':KHSF'F F'.J /4 --· ~- J:@ ~I Ac,v 0 ll-S I .,. . ·~ 2.S n,o -,~c ,,., O~tvG ~ ·. JI --- A) .Sl,,,0,00 /4 ® 0 ~) < S-oo) 0 <:, ..s ,q' © c) J,~9~-00 (,,o \~CL'-"'Dt..iw; ~ • :ei,•· 't>) Jg,oo 1- 0 ® { \.Q.o,: .,4o..o) ~ e.) IO& ,00 -, \4.o 0 r=) \ l < ,0 0 ~ ~ t.,,o f" .,. @) ... ·:ii• ~.oeis,oo 0 ~ 17,0 \,..\-..,~~ ~~ '"0---..~~ 2-'? Cf 5 C/41!1e,o ~ ~O~,'.) ~\~V-.1\-< 1 ~ -. Q 'I.I '\'iW:) ~....,~ A""'--"""".,.ac.J. ~~ !,.~ .,., \.~C.~~ ...:, '2, 028, 00 Q C, A~A C:.-c {> PrT~ ~ A-:> G.()>J~~ A'-'-"' = 150,00 "O ~ ... -o,,-. ~-#-.. \..I.J1.4oGe~ -1~'T" '-JI.~ ,-: '. :. ( Zl"•OO > (Ac.,-'-''\'-~~c.'T~ ....,..,_~ o-..i ... ""(" -..,;. :r~'T\ Q \,..\t1.~C4v,_,-Q,_ Av...e>"l-..::.u.!.. : .. • l,9t:,:z...oo - Q Ac:,-...,~'---0 ~\ ~'!I" "'"'(' . ~, o.s.s, 00 , • 0 "\!;I}_ ~-A-Q.r.) CO'-./ 1.;;¥1. ' l l..3.~o ~(= ~ I >= ...... ~ lJ ,_ SEP 26 '97 10=54AM AT&T 9015PF HARDCOVER CALCULATION WO SETR,t,.CI< ZON(:'.: (CIRCL~ ONE) 0-75' EXISTING HARDCOVER IN ZONE /1.. House ~A8 -,< :u1 ) ....... ( ::.~ 1',-4) x + B. Garage C. Driveway D. Sidewalk s;:;,F'\--'t\--1 L~nglh ( 14, lt) x l.} + l :Z, i(.2.4);,; --\--- Y:d \l..l( H) ...... X ........ '( X -o-;,; -C)-X X \ :9,,~Si,,,;":,. '-''-8 -fL___ Q. X \::'..'4'-nl...,.. ( 3. x 88) :( Widlh -o- ~ ,,_ E. Pali~ ( I 4 IC ~ S ) 1-=s X ( ~l.. oo) 9.A,"1",,., F. Landscape Underlain By Plastic G. Other 1.q J'.. 1.q }\ (ZA.0} +~) + X. ~J +(.s1) ® (%) X © ('ii) X. ------- X. TOTAL I-IAROCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A '3, ~q 2.. 53 B IS-, t~ x. l PROPOSED HARDCOVER lN ZONE ( :zso-soo') = A. House R Garage C. Driveway D. Sidewalk ~ ... ,H E. Patio/Deck F Landscape Underlain By Plastic G. Other X Length WiJth (22,_)('l.1)4-\\'!,::it) X. + ½. (1--z.1<-:z.:D.__ ( 8'1',,; ,c It,,) 4- ( \ .,__ )( I /_. ) ____::::__ lll..lls,<,'.,v'-~~ Q _i_~ ~ ~ ) ( 32.x 1, . .i;,) A_ !i,.O .,:, C' {J..A,01~) )I_ ,;::..-""".-t.....:...;;;;_,:,:: ____ _ JI. X X X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA tN ZONE A :) 'Z.12.-, s; 8 9' · 1 s O o.o :,;_ l 13 •.. I.ET 1'0--500' ... = = .,.. -,. - -- -= ... = -= -.. - - ,. 500-1000' lS1"2, 00 S.F. 9:3 33 S.F . i.~!-Oo S.F. S.F. -o-S.F. -o-S.F. S.F. 11~.SD S.P. :zbA,oo 5.F 3Cl"" .ou 5.F. I 'Ht. Oc.i SF. --4',Z. 00 sf S.F. S.F S.F, '32.9'2,. t,3 SF. IS","?!$0,00 S.F. '.l0,09 0'7 % -o-S.F. -o-S.F. -o-S.F. -<l -SF. q_"l.5,<:?u S.f. 1Bl"2,oo S.F. \"I<.:, ,OQ S.F. uq.,s-S.F. l.S--0-Oo S.F. -()-S.F. -Q-S.F. -c-S.f. -o-SF. -c::,-S.F. S.F "'l,~ ~-:Z.-'7~ S.F. q, I SO,OQ S.F. 3$", "?."3ot,.. % fk"T" C'.;,_-,(<::.-,u5 F'.4/4 7.3,~.<::u~) A 8 A A CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. & Mrs. John Hurd 2795 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: 9/9/96 COUNCIL ACTION -MOTION: APPLICATION NO. 2151 NOTICE OF COUNCIL ACTION Date of Notice: September 11, 1996 COPIES: VOTE: Charles Combs Charles Richard Inc. 14945 Ironwood Court Eden Prairie, MN 55346 4 FOR 0 AGAINST Council voted to adopt the approval resolution granting approval of the variance as amended and as set forth in 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 City. Variance approval expires one year after date of Council approval. A building permit application must be submitted no later than September 9, 1997. Please note when submitting your building permit application for the new construction you are asked to submit a revised survey locating the new residence structure at the agreed upon lakeshore setback to be determined from the Erickson residence at 2773 Casco Point Road and the Theilmann residence at 2799 Casco Point Road. New principal structure shall be placed at the setback line with only the three story bay addition, main level deck and enclosed screen porch at the grade level to encroach the agreed upon setback line. As for the other conditions of Council's approval, please refer to the resolution. Please arrange to sign the three original resolution copies at the City offices Monday through Friday (8:00 a.m. -4:30 p.m.). All persons with an interest in the property must sign the resolutions. A building permit cannot be issued until the resolutions have been fully executed by all persons with an interest in the property. Please contact Jeanne Mabusth if you have any further questions concerning the review of your application. ch MINUTES OF THE REGULAR ORONO CITY COUNCIL l\trEETING HELD ON SEPTEMBER 9, 1996 PARK COMMISSION COMMENTS Park Commissioner David Beal informed the Council of the recommendation by the Park Commission to extend the trail to the teen center. He also noted the continuing work on the Park Master Plan for the Comprehensive Plan. PLANNING COI\tll\'IlSSION COMMENTS Planning Commissioner Charles Schroeder had no report at this time. PUBLIC COMl\tlENTS There were no public comments . •' ZONING ADMINISTRATOR'S REPORT (#4) #2151 JOHN AL'W JOANNE HURD, 2795 CASCO POINT ROAD - VARIANCES -RESOLUTION #3756 The applicants were present along with their architect, Charles Coombs. Mabusth reported that the proposal is to raze the existing residence and rebuild. The property in question is located in the LR-IC, 1/2 acre residential zoning. This property exceeds the area standard and meets the 100' lot width at both the shoreline and the 75' setback. Mabusth noted the difficulty of the area with the majority of homes in the area being set 175 ' from the 924.4 elevation. The existing residence is 24' beyond the average lakeshore setback which includes the lower level principal structure and the two upper level decks . The amended application was reviewed by the Planning Commission at their August meeting . Mabusth said the applicant worked with three other neighboring property owners to determine an agreed upon lakeshore setback for new construction. These property owners and the Hurds agreed upon a setback line which was determined by drawing a line from the location of the outer two homes owned by the Thielmanns and the Ericksons. There would still be an encroachment of the 3 level bay addition of 7' and a main level deck at I 7'. 2 :MINUTES OF THE REGULAR ORONO CITY COUNCIL :MEETING HELD ON SEPTEMBER 9, 1996 (#4 -#2151 John and Joanne Hurd -Continued) Mabusth noted that the City does not recognize the agreed upon line but shall adress variances to the average lakeshore setback line as defined in zoning code. The property encroaches the code's average lakeshore setback by 11' for the 3-story bay and the grade level screened porch by 17'. The southwest corner of the main level deck further encroaches this setback line by 20'. The setback line pushes the new construction to the east creating an excess of hardcover in the 250-500' setback area. The amended plan calls for 23. 7% in this zone where 25% is allowed. The 250-500' zone will consist of an excess of 6 71 s. f. or 8. 9% excess where 3 0% is allowed overall. Mabusth combined the hardcover totals for the two zones and presented it in that manner. The Planning Commissioners did not seek any additional hardcover removals and supported the application as presented accepting the hardcover excess and the agreed upon setback line. . .. Coombs po'i.nted out that the setback line drawn was an attempt to maintain green space. The projection still encroaching the line was said to not be visible by either neighboring side. He also noted the desire to not disturb the site and maintain the hill and trees. Goetten said she was present at both Planning Commission reviews and appreciated the work of the applicant in working out the situation with their neighbors. She said she personally perfers any excess in hardcover to be located further back on the lot and away from lake. Goetten sees no problem with the existing boathouse as it is attractive and in excellent condition. She did note, however, that the Council would not look favorably on any future hardcover variance. Jabbour questioned why the 0-75' and 75-250' zones were noted together instead of separately. Mabusth said it was done to show the impact of the project on the entire lot adding that this combination has been asked for in the past. Jabbour said he prefers to keep the zones separated to eliminate any clustering by the lake. There were no public comments. Jabbour moved, Kelley seconded, to approve Resolution #3756. Vote: Ayes 4, Nays 0. (*#5) #2155 NANCY KRAUSE AND DON HANDLIN, 3860 NORTH SHORE DRIVE -SUBDIVISION OF A LOT LINE REARRANGEl\'IENT -RESOLUTION #3757 Jabbour moved, Goetten seconded, to adopt Resolution #3757, approving a subdivision of a lo; line rearrangement for Nancy Krause and Dan Handlin and the City of Orono at 3860 North Shore Drive. Vote: Ayes 4, Nays 0. 3 September 3, 1996 Mr. and Mrs. John Hurd 2795 Casco Point Road Wayzata, MN 55391 Charles Combs Charles Richard Inc. 14945 Ironwood Court Eden Prairie, MN 55346 Dear Mr. and Mrs. Hurd: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The enclosed memo and approval resolution will be presented for Council's review and action at their September 9, 1996 meeting. You are asked· to review the enclosed approval resolution and to contact staff prior to the meeting if you have any questions. Sincerely, ~&~2 (('. /JJJ~---::-~ J~~e A. Mabusth Building & Zoning Administrator JAM/lsv Telephone (612) 473-7357 • FAX 473-0510 REQUEST FOR COUNCIL ACTION DATE: August 30, 1996 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Jeanne A. Mabusth Zoning Title Building & Zoning Administrator Item Description: #2151 John and Janice Hurd, 2795 Resolution Casco Point Road -Variances - Zoning District: LR-lC Adjusted lot area= 31,447.5 s.f. or .72 acres (1,680 s.f. of Casco Point Road excluded from lot area), refer to Exhibit L Application: Planning Commission reviewed the variance application at their July and August meetings. Applicants have proposed the razing of the existing residence and construction of a new residence at their lakeshore property. The lot meets the area and width standards of the LR-1 C zoning district. The improvement plan does involve a variance to the average lakeshore setback and a hardcover variance within the 250-500' setback area. The following ordinances are pertinent for this review: 1. Section 10.25, Subd. 6 (B) -Review of lot standards. A. Area Required = 21,780 s.f. Existing= 31,447.5 s.f. exclusive of road right-of-way B. Lot width Required = 100' At shoreline = 109.8' At 75' setback = 107' 2. Section 10.03, Subd. 14 (C) -Review of structural coverage. Total lot area= 31,447.5 s.f. Allowed= 4,717 s.f. or 15% Proposed = 3,772.33 s.f. or 11.9%* No variance required. *Grade level screen porch = 210 s.f.; main level deck = 408 s.f.; house/garage = 2,768.33 s.f.; boathouse= 400 s.f. 3. Section 10.22, Subd. 1 (B) -Average lakeshore setback variance. Please refer to Exhibits I and M. Variances must be addressed from average lakeshore setback line determined by Code rather than agreed upon setback line of applicant and neighbors. Request for Council Action continued page2 August 30, 1996 Zoning File #2151 John and Janice Hurd, 2795 Casco Point Road Allowed= O' Existing = 24' (lower level principal structure addition plus upper level decks) Proposed= a. 11' bay addition (7' from agreed upon lakeshore setback line) b. Lower level screen porch = 17' (13' from agreed upon lakeshore setback line) c. Main level deck = 20' (15' from agreed upon lakeshore setback line) 4. Section 10.22, Subd. 2 -Hardcover variances. List of Exhibits A. 0-75' setback area= 8,227.5 s.f. Allowed = 0 s.f. Existing = 400 s.f. or 4.8% B. 75-250' setback area= 15,750 s.f. Allowed = 3,937.5 s.f. or 25% Proposed = 3,292.8 s.f. or 20.09% (original proposal = 3,943.3 s.f. or 25.0367%) Adjusted for hardcover in the 0-75' setback area = 3,692.83 s.f. or 23.4% No variance required. C. 250-500' setback area= 9,150 s.f. Adjusted area= 7,470 s.f. (excludes 1,680 s.f. Casco Point Road right-of-way) Allowed= 2,241 s.f. or 30% Proposed = 2,912.7 s.f. or 38.9% (original proposal = 3,414 s.f. or 45.7%) Variance = 671.7 s.f. or 8.9% A -Application B -Plat Map C -Property Owners' List D-1-2 Hardship Statements E-1-2 Neighbors' Acknowledgement Forms F-1 Grundeen Letter-July 15th Meeting F-2 Grundeen Letter-August 19th Meeting Request for Council Action continued page 3 August 30, 1996 Zoning File #2151 John and Janice Hurd, 2795 Casco Point Road G-1 Erickson Letter-July 15th Meeting G-2 Erickson Letter-August 19th Meeting H -Theilmann Letter-7 /8/96 I -Topographic Map Locating Agreed Upon Lakeshore Setback Line by Applicant and Neighbors J - K - L - M N - 0 - Hardcover Inventory 75-250'/250-500' Setback Area Hardcover Plan Existing Improvement/Survey Proposed Improvement/Survey Elevations Lower Floor Plan P -Main Level Floor Plan Q -Upper Level Floor Plan Review of Application The subject property meets the required area and width standards of the LR-IC zoning district. Structural coverage is not an issue, proposed at 11.9%. Hardcover in the 75-250' setback area does not exceed the allowed 25% even with the inclusion of the boathouse area adjusted at 23.4%. The exclusion of the 20' Casco Point Road corridor has had an impact on hardcover projections within the 250-500' setback area. Hardcover in the original proposal was proposed at 45.7% and has now been reduced at 38.9%. The original proposal for redevelopment of the property presented to the Planning Commission at their July meeting was tabled because of the intensity and number of variances sought by applicants. The neighbors had also submitted written objection to the proposed encroachment of the average lakeshore setback line. (Review Exhibit F-1, G-1 and H). The existing residence, Exhibit L, is located approximately 24' in front of the average lakeshore setback line. The encroaching portion of the principal structure consists of a lower level principal structure addition with two levels of upper decks. Mr. Theilmann, review Exhibit I, owner of residence identified as "D", has concern with the leapfrog effect of the average lakeshore setback line. Theilmann noted that the Grundeen residence, Exhibit I, house designation C, would be rebuilt some day and that if the Hurd residence was installed 20' in front of the average lakeshore setback line, this would have a major impact on Theilmann's lakeshore views. The houses along this stretch of shoreline are all located along a high bank and overlook grassed lakeshore yards at an average depth of 175'. Planning Commission members noted the new residence is more massive and would have more of an impact on the adjacent residences. Request for Council Action continued page4 August 30, 1996 Zoning File #2151 John and Janice Hurd, 2795 Casco Point Road At the July meeting the neighbors were asked to meet with the applicant to discuss their concerns and define an acceptable setback line from the lakeshore, although certain members cautioned that there was no guarantee that a setback variance would be granted to the average lakeshore setback line. Planning Commission members also noted concern with the 20' x 20' boathouse located within lakeshore protected area. Staff has consistently raised the issue of the removal of boathouse structures where applicants propose additional hardcover improvements in the 0-75' setback areas. Members may recall the recent Woodhouse application that would have resulted in increases in hardcover in the 0- 75' setback area if the boathouse and attached deck were not removed. The Woodhouse boathouse was also in disrepair and needed major structural improvements. Staff raised the issue as to whether the Hurd boathouse should be removed because of excesses in the 250-500' setback area. As directed, the applicants did meet with the three neighbors to develop a plan for the relocation of the new residence. Refer to Exhibits I and M, they have agreed that the setback line defined by the Erickson house, Exhibit I, designation "B ", and Theilmann house, Exhibit I, designation "D", would determine the lakeshore setback line. Refer to Exhibit M, the proposed three story bay addition will encroach that agreed upon line by 7'. The main level deck would encroach the agreed upon line by 15' and the lower level screen porch by 13'. Please note all three neighbors have approved this encroachment. Refer to Exhibits F-2 and G-2, the Grundeens and Ericksons have submitted letters in support of the revised plan. Mr. Theilmann did not submit his approval in writing but appeared at the August Planning Commission meeting to voice his approval of the revised plan. Refer to Section 3 above (pertinent ordinance facts). The setback variance to be granted is defined by the Orono Code. If approved as proposed, the setback variances will be granted to the average lakeshore setback line as defined in Section 10.22, Subd. 1 (B). In the Planning Commission memo for the August meeting, staff had asked Commission members to consider total hardcover on the property as applicant proposed an 8.9% excess in the 250-500' setback area. The property is allowed a total of 6,178.5 s.f. of hardcover improvements as follows: 75-250' setback area allowed 3,937.5 s.f. 250-500' setback area allowed 2,241 s.f. Total = 6,178.5 s.f. Applicants propose a total of 6,605.5 s.f. with an excess of 427 s.f. Request for Council Action continued page 5 August 30, 1996 Zoning File #2151 John and Janice Hurd, 2795 Casco Point Road Planning Commission members were asked to consider reductions in either proposed or existing improvements to offset the 427 s.f. excess of total hardcover on the property. Planning Commission members accepted the hardcover as proposed in the revised plan based on the unique findings or hardships set forth by applicant and as noted by members at both the July and August meetings as follows: A. Residence structures along this section of lakeshore are located 175+' from shoreline restricting placement of structure on property. B. The majority of residences are located to the east or street side of property. C. The boathouse at 400 s.f. in area is in excellent condition and has been maintained by owners. Both neighbors on adjacent properties have asked that the structure remain because of its attractiveness. D. The higher elevations at the residential construction line eliminates any view impact by the single story boathouse at the lakeside. E. Placement in approximate footprint of existing residence will eliminate need to remove trees and the further excavation into the higher elevation. The majority of runoff from the developed site will drain towards lakeshore over the extensive 180' of grassed yard. F. The property is located on the point of the shoreline and as a result of the angle of the shoreline, the structure is located further from the shoreline than the neighboring houses. G. The homeowners, receiving most impact by new improvements, have approved the redevelopment plan for the property. Planning Commission Recommendation The Planning Commission recommended approval (4 ayes, 1 nay) of the Hurd variance application as amended for the August meeting based on the unique findings and hardships set forth above. Approval was conditioned on applicants providing an amended survey with building permit application locating the Theilmann residence to confirm the agreed upon lakeshore setback line by neighbors. In my discussions with Mr. Hurd, he has advised that he would attempt to provide the updated survey for the Council meeting. The denial of the application was from Chairman Peterson who has consistently voted against any encroachment of the average lakeshore setback line. Request for Council Action continued page 6 August 30, 1996 Zoning File #2151 John and Janice Hurd, 2795 Casco Point Road The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission's recommendation. COUNCIL ACTION REQUESTED: To adopt or amend the approval resolution. lsv CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. and Mrs. John Hurd 2795 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: 08/19/96 ZONING FILE #2151 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 28, 1996 COPIES: Charles Coombs Charles Richards, Inc. 14945 Ironwood Court Eden Prairie, MN 55346 VOTE: 4 FOR · 1 AGAINST Planning Commission recommended the following: Approval per revised plan. Planning Commission specifically noted that in the determination of the lakeshore setback line that the Erickson and Theilmann residences would be used in determining the lakeshore setback for the new residence (to exclude three story seven foot bay addition). Applicant's have agreed to provide an updated survey locating the Theilmann residence so that the approved lakeshore setback line can be confirmed. The revised survey must be submitted with the building permit application. Planning Commission members approved hardcover variance within the 250-500' setback area and also noted specifically that boathouse could remain. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed at the City Council meeting of September 9, 1996. Please note the meeting commences at 7:00 p.m. Prior to the meeting you will receive a copy of an approval resolution setting forth the findings and conditions of the Planning Commission approval. Please contact Jeanne Mabusth at the City offices (473-7357) if you have any further questions concerning the review of your application. lsv :MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19 , 1996 (#3 -#2156 Michael and Theresa Eastman/Lakeview Golf Course -Continued) Berg moved, Hawn seconded, to recommend approval of Application #2156 . Vote : Ayes 6, Nays 0 . ACTION ITEMS (#4) #2151 JOHN AND JANICE HURD, 2795 CASCO POINT ROAD - VARIANCES -CONTINUATION OF PUBLIC HEARING 7:54-8:09 P.M. Janice Hurd was present , along with architect, Charles Coombs . Lindquist reviewed the application for Staff and reported that changes were made to the original application after review at a previous Planning Commission . The house was moved back 8' from the original plan to accommodate concerns by the neighbors over the average lakeshore setback. The house projection will still be 4-5' in front of this line. No structural coverage or lot area variances are required . A hardcover variance for 400 s.f. in the 0-75' zone is required for the existing boat house . Hardcover in the 75-250' setback meets the allowed at 3292 s.f. proposed . The 250-500' setback area allows 30% or 2241 s.f The original proposal was for 45 .7% or 3414 s.f. The amended proposal is at 2912 s.f. or 38.9% for a 671.7 s.f. or 8.9% variance. 320 s.f. of driveway improvement is located in the Casco Point right-of-way. Peterson clarified that the issues at hand are the hardcover in the 250-500' setback and the average lakeshore setback. Gaffron reported that a letter from neighbors, Ken and Elaine Erickson, arrived today. Peterson read the letter into the minutes . The Erickson's favored the changes made to the house placement, had no objection to the boat house, and had only a possible objection to the portion of the house laying in area beyond their home's projection. Hurd said this projection area is their kitchen eating area. Without that area, the home would have to be widened which would make it lay closer to the Grundeen's . Hurd also noted that the existing house in this same area is a 2-story and the proposed is a single story with a walkout under grade . Stoddard asked if this projection of the house can be seen from the neighboring property . Coombs said the look of the projection was softened and did not believe it had any affect. He noted that the Grundeen's were in favor of the changes made . In public comments, Todd Thielmann, 2799 Casco Point Road, located two houses to the left of the Hurd's, said the neighbors had met with the Hurd's. Thielmann said he and the Grundeen's liked the new softened look. An imaginary line was drawn from their homes to establish a boundary by which the homes would keep within in order to control any leapfrog effect. Thielmann informed Peterson he is in favor of the application with the changes made. 8 WNUTES OF THE ORONO PLANNING COMMISSION :rvIEETING HELD ON AUGUST 19, 1996 (#4 -#2151 John and Janice Hurd -Continued) Peterson reviewed the variances required of hardcover in the 250-500' setback and average lakeshore setback. He noted his own view of being consistent in not voting for average lakeshore setbacks as a matter of principle. The application was tabled from the last Planning Commission meeting in order to respond to the concerns of the neighbors. This seems to have been rectified by the adjustments made in the plan to eliminate any leapfrog effect. Peterson commented that the boat house is in excellent condition and seems appropriate to allow it to remain. Stoddard was informed by Coombs that the new placement of the home will be held to a line from the Thielmann's home and recorded on a survey. Thielmann acknowledged that the approy,al should include the survey. Smith said she did have a concern over the lakeshore setback. Hurd said the home now exists much further into the setback. If the home was moved back any further, it would create an even deeper tunnel effect. Coombs said he believed the Grundeen's home would be remodeled at some point. With the drawing of the imaginary line, it would keep their home within that setback also. Stoddard moved, Hawn seconded, to recommend approval as submitted with the addition of the survey line included in the approval. Vote: Ayes 4, Nays 1, Peterson, due to the principle of the average lakeshore setback. Lindquist did not participate in the vote as he conducted the review. (#5) #2159 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCES-PUBLIC HEARING 8:09-8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Lindquist moved, Smith seconded, to table Application #2159 at the request of the applicants. Vote: Ayes 5, Nays 0. Berg was not in the chambers at the time of the vote. (#6) #2160 DAVID DOTZENROTH, 3225 CASCO CIRCLE -VARIANCES - PUBLIC HEARING 8:10-8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 9 TO: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: August 13, 1996 SUBJECT: #2151 John and Janice Hurd, 2795 Casco Point Road-Variances - Continuation of Public Hearing Zoning District: LR-lC Lot area= 33,127.5 s.f. Adjusted area= 31,447.5 s.f. (1,680 s.f. of Casco Point Road to be excluded from area). Status of Application At the July 15, 1996 meeting of the Planning Commission, the application was tabled at applicants request. Neighbors in attendance voiced concern with the encroachment of the average lakeshore setback line by a structure that would be increased in mass twofold plus. Planning Commission members advised the applicants to work with the neighbors in developing a plan that would minimize the encroachment of the average lakeshore setback line. It was also noted by some members that there is no guarantee that the Planning Commission would approve a variance to the average lakeshore setback. Applicants have submitted a revised plan. The following ordinances are pertinent for this review: 1. Section 10.25, Subd. 6 (B) -Review of lots standards. A. Area Required= 21,780 s.f. Existing= 31,447.5 s.f. exclusive ofroad right-of-way B. Lot width Required = 100' At shoreline= 109.8' At 75' setback= 107' 2. Section 10. 03, Subdivision 14 ( C) -Review of structural coverage. Total lot area= 31,447.5 s.f. Allowed= 4,717 s.f. or 15% Proposed= 3, 772.33 s.f. or 11.9%* No variance required *Grade level screen porch 210 s.f.; main level deck 408 s.f.; house/garage 2,768.33 s.f.; boat house 400 s.f. Zoning File #2151 August 13, 1996 Page 2 3. Section 10.22, Subdivision 1 (B) -Average lak:eshore setback variance. Allowed= O' Existing = 20' (lower walkout level with upper level decks) Amended Proposal = 7' for principal structure = 13' for enclosed grade level porch with main level deck above at northwest = 15' for main level deck at southwest comer of residence 4. Section 10.22, Subd. 2 -Hardcover variances. A. 0-75' setback area= 8,227.5 s.f. Allowed = 0 s.f. Existing = 400 s.f. or 4.8% B. 75-250' setback area= 15,750 s.f. Allowed= 3,937.5 s.f. or 25% Proposed= 3,292.8 s.f. or 20.09% (original proposal 3,943.3 s.f. or 25.0367% Adjusted for hardcover in the 0-75 = 3,692.83 s.f. or 23.4% No variance required C. 250-500' setback area= 9,150 s.f. List of Exhibits Adjusted area= 7,470 s.f. (minus 1,680 s.f. Casco Point Road right-of-way) Allowed= 2,241 s.f. or 30% Original proposal= 3,414 s.f. or 45.7% Amended proposal= 2,912.7 s.f. or 38.9% (minus 320 s.f. of driveway improvement located in Casco Point right-of-way) Variance= 671.7 s.f. or 8.9% A -Existing Site Plan B -Amended Site Plan C -Lak:eshore Elevation D -Four Level Floor Plan E -Upper Level Floor Plan F -Main Level Floor Plan G -Hardcover Inventory H -Hardcover Site Plan :( -6-~J-f'-eN f-e.. ffe y- Zoning File #2151 August 13, 1996 Page 3 Review of Amended Proposal Staff has discussed the amended proposal with both the neighbor to the north, Mrs. Erickson, and the neighbor to the immediate south, Mr. Grundeen. Both have advised that they approve the revised plan as presented to the Planning Commission (Exhibit B). As of this writing, staff has yet to receive their written notification but have promised to submit letters by your meeting date. Mr. Theilmann, the neighbor to the immediate south of the Grundeen property, has received a copy of the amended proposal and was also present at meetings with applicants and applicants' architect. As of this writing, I have yet to receive a phone call or receive written comments from Mr. Theilmann. As already noted in the earlier review, the subject property meets the required area and width standards for the LR-1 C zoning district. Structural coverage is once again not of issue proposed at 11.9%. Hardcover in the 75-250' setback area does not exceed the allowed 25% with the inclusion of the area of the boat house at 23.4%. The principal structure will encroach the average lakeshore setback line by 7'. The existing principal structure encroaches the average lakeshore setback line by 20' (grade level addition with two floors of upper level decks). Review Exhibits C, D and F, a grade level enclosed porch with main level deck at northwest comer encroaches the average setback line by 13' and the remaining portion of the main level deck at the southwest comer encroaches the line by 15'. Refer to Exhibit A, the area of the lot has been adjusted to reflect the reduction of the right-of-way of Casco Point Road. This reduction in area has had a major impact on the hardcover level within the 250-500' setback area. Hardcover was originally proposed at 45.7% and is now proposed at 38.9%. The area reduction has intensified the hardcover variances requested in this setback zone. Issues for Consideration 1. Will you approve a variance to the average lakeshore setback line? If structure at this size is moved further east, this will place more of the principal structure within the 250-500' setback area where excesses already exist. The residence will be located 180'+ from the shoreline per revised plan. The lot averages 350' in depth. If a setback variance is to be granted, is this an acceptable compromise? 2. There is an excess of 8.9% hardcover in the 250-500' setback area as more of the principal structure has been moved into the 250-500' setback area. The property is allowed a total of 6,178.5 s.f. (75-250' = 3,937.5 s.f.; 250-500' = 2,241 s.f.) of hardcover improvements. Applicants propose a total of 6,605.5 s.f. of hardcover improvements (includes 400 s.f. of boat house). Should principal structure be reduced in area proposed at 3,176.3 s.f.? Can proposed structural or non-structural improvements be reduced or eliminated? Can car walk Zoning File #2151 August 13, 1996 Page 4 at 150 s.f. or 2% be eliminated? Can front walk at 119.7 s.f. be narrowed to 3' rather than 4'? Can additional paving improvements be reduced (driveway width reduced 12' to 14')? 3. Because of the excess of hardcover in the 250-500' setback area, should other improvements within the 75-250' setback area be eliminated or reduced? For example, 492 s.f. or 3.1 % of landscape area underlain with plastic. 4. What of the boat house within the 0-75' setback area? The neighbors have no problem with the structure and have advised staff that they think the structure is attractive. Staff has consistently raised the issue of the removal of such structures where applicants propose additional hardcover improvements in the 0-75' setback area. Members may recall the recent Woodhouse application that would have resulted in increases in hardcover in the 0-75' if boat house/deck was not removed. Should boat house structure be removed because of excesses in 250-500' setback area? 5. Other issues raised by the Planning Commission. Options of Action To approve as proposed or amended, any condition of approval must be supported by the unusual findings or hardships. If denied, Planning Commission must set forth the findings for denial. ch lr\ e ~\ '--f; f>. e . 7 /IS/ f, lrt +c:, Chair Peterson and Orono Planning Commission Members 7 To: From: Date: Subject: Ron Moorse , City Administrator Jeanne A. Mabusth, Building & Zoning Administrator July 10, 1996 #2151 John and Janice Hurd, 2795 Casco Point Road -Variances -Public Hearing Zoning District: LR-IC Lot area = 33,127.5 s.f. Application: Applicants have proposed the razing of the existing residence and detached garage and constructing a new residence with attached garage. The property meets the LR-IC lot standards but proposed improvements will be located in front of the average lakeshore setback line and result in hardcover variances within the 75-250' and 250-500' setback areas. The following ordinances are pertinent for this review: 1. Section 10.25, Subd. 6 (B) -Review of lots standards. A. Area Required = 21,780 s.f. Existing = 33,127.5 s.f. B. Lot width Required = 100' At shoreline = 109.87' At 75' setback = 107' 2. Section 10.03 , Subdivision 14 (C) -Review of structural coverage. Total lot area= 33 ,127.5 s.f. Allowed = 4,969 s.f. or 15% Proposed= 3, 487.7 s.f. or 10.5% (includes area of boathouse , does not include grade level patio nor a second level deck shown on certain elevations , but not on survey or floor plans) 3. Section 10.22, Subdivision 1 (B) -Average lakeshore setback variance . Allowed= 0' Proposed = 24' for principal structure addition ( existing = 20 , walkout addition with upper level deck) Proposed upper level screen porch = 25' Zoning File #2151 July 10, 1996 Page 2 4. Section 10.22, Subd. 2 -Hardcover variances. 0-75' setback area= 8,227.5 s.f. Allowed = 0 s.f. Existing = 400 s.f. 75-250' setback area = 15,750 s.f. Allowed = 3,937.5 s.f. or 25% Proposed = 3,943.285 s.f. or 25.0367% Variance = 5.785 s.f. or 0.04% 250-500' setback area = 9,150 s.f. List of Exhibits A -Application B -Plat Map Allowed = 2,745 s.f. or 30% Proposed = 3,414 s.f. or 37.3114% Variance = 669 s.f. or 7.3% C -Property Owners' List D -Hardship Statement E-1-2 Neighbors' Acknowledgement Forms F -Grundeen Letter, 2797 Casco Point Road G -Existing Survey H -Proposed/Existing Survey/Overlay 1-1-3 Elevations J-1-3 Floor Plans K -Existing To-Scale Survey, 1 "=40' L -Existing To-Scale Survey, 1 "=20' M -Sketch of Views from Adjacent Homes N -Sketch of Views from Adjacent Homes 0 -Hardcover Map P -Hardcover Inventory Q -Proposed Survey/Location of Average Lakeshore Setback Line R -Elaine Erickson Letter Received 7 /11/96 S -Todd Theilmann Letter Received 7/11/96 Zoning File #2151 July 10, 1996 Page 3 Description of Request Applicant seeks approval of an average lakeshore setback and hardcover variances to construct a new residence on a lot that meets all required lot standards of the LR-1 C zoning district. Review Exhibits K, L and Q, 1978 survey, site plan and applicant's current survey/site plan provide information on proposed improvements. The existing residence is shown 20' in front of the average lakeshore setback line. On your inspection note the extension of the walkout with upper level decks above walkout addition. Note in Exhibit Q the pointed principal structure addition extends 24' in front of the average lakeshore setback line and the enclosed porch at the northwest comer will be 25'. The existing structure on Exhibit Q appears to be 15' in front of the setback line and on the 1978 survey and site plan the existing structure is almost equal to the proposed structure. The issue only becomes of issue if applicants are advised to maintain new construction line at the existing encroachment line. Review Exhibit F, the neighbor to the immediate south is concerned with the proposed improvement plan. He notes that the structure will now be of a greater mass and will encroach further beyond the average lakeshore setback line than the existing structure. Note the existing structure is located closer to the north lot line and will now extend closer to the south lot line. The structure will meet all required side setbacks. There is an existing approximate 1 O' x 1 O' grade level wooden patio in front of the existing residence that has not been located on the current survey. Grade level patios are not subject to the average lakeshore setback code requirements. Hardcover excesses in the 75-250' setback area result from some 900+ s.f. of landscape area underlain with plastic. Applicant's architect feels that the improvement plan should reflect what will obviously take place on the property once the residence is constructed. Hardcover excesses in the 250-500' setback area result from the driveway with turnaround improvement plus additional hardcover with plastic underliner within a limited setback area (250-500') of 3,414 s.f. Upon visiting the site and reviewing the survey showing existing improvements, staff would estimate that there are no excesses of hardcover that exist within the 75-250' and 250-500' setback areas. Hardship Statement Please refer to Exhibit D, hardships are reviewed as follows: 1. Desire to minimize disturbance of site during construction by using existing footprint of residence. Zoning File #2151 July 10, 1996 Page 4 2. Angling of residence to minimize impact of lake views of adjacent residences. 3. Need to have a driveway with a turnaround so as to discourage backing out onto busy Casco Point Road. 4. Limited area within 250-500' setback area. 5. Property meets required lot standards of the LR-1 C zoning district. 6. Applicant states large grassed lakeshore yard will help absorb runoff from additional hardcover. Issues for Consideration 1. Applicant should clarify if there is an upper level deck at the southwest comer of structure. There is a conflict with the floor plans and elevations, Exhibits 1-1-2 show a lakeside deck and floor plans of main level do not reveal the deck, neither do the hardcover facts within the 75-250' setback area -applicant should clarify. 2. What is the Planning Commission's response to architect's position regarding landscaped areas underlain with plastic? Must landscape areas be underlain with plastic? (983 .5 s.f. or 6.2% in 75-250' setback area, 132.5 s.f. or 1.4% in 250-500' setback area) 3. How do we respond to Mr. Grundeen's concerns (Exhibit F) who asks that all new construction meet the average lakeshore setback? He notes potential impact upon lakeshore setbacks for his property and the property to the south of the Grundeen property should future additions be proposed to the lakeside of their residences. 4. Will Planning Commission members recommend approval of variances for new construction? Do the hardships support request to encroach average lakeshore setback line and install hardcover excesses? Planning Commission options are as follows: A. New construction to meet average lakeshore setback line, this would exclude grade level patios. B. All new construction shall not extend beyond setback line of existing residence. Applicant's architect must provide survey locating existing structures in order to establish footprint of new structure. Zoning File #2151 July 10, 1996 Page 5 C. Approval of an encroachment of the average lakeshore setback line not to exceed ---15' ---1 0' ---5' ---encroachment. D. Will members approve hardcover variance within the 250-500' setback area? Can driveway and backout apron be reduced and still meet safety standards desired by applicants? Options of Action To deny as proposed, approve as proposed or approve as amended. Any Planning Commission recommendation of approval must include the following conditions: 1. Applicant's contractor to obtain demolition permits for the razing of structures. 2. Prior to scheduling application before the Council, applicant's architect shall provide amended plans and hardcover facts reflecting directives of the Planning Commission recommendation with limits on hardcover improvements and approved setback at or beyond average lakeshore setback line. Please review Exhibits R and S, letters from other residents, reflecting the same concerns of Ron and Joy Grundeen. lsv Application # ;2_ IS / (+. Date Received 0 ~ ;u -9' 0 ~ Amount Paid J.. 7 CJ , cJ o CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $220.00 j/L~ /7qp ($50 .00 per ·each additional variance) I. Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $ .00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress .;l 1 q 5 ca,~c:.o -Pt. lcJ . ~, ~ ~L Property Identification Number (P .l.D.) ;;i {) -I I J ~ 2 3 2 3 CJ O I 1 Attach legal description to application if not included on required survey . Date Property Acquired 5 / q I (month/year) I l)iqj (do not) also own the adjacent parcels of land : Present use of property: ~esidential __ other (specify) _________ _ Zoning District : _________________________ _ APPLICAN'F A\f<cl--1\"t\:;;J:..°\ ~ ~ Name c::. 'rtA .P,,L..§;.$ Q.." Cl.4-Aylf:::, \. ~ t.. Address: \.A94 S' :I'.a.o-..l ,Nco!> c::r OWNER (if different than applicant) Name -:J'o b a -1-T O-X\ \ c..e.,.. \--\ u. < J Address: ~19 5 C<• :$[.Q 7 ±,'Js~. Phone (home) C\ 3 '1 -Ci o '1? Phone (work) °1 3 7 • .Sa so City: '2:s:>~ v~,Yl..\1..!. IA~ Zip : s S 3 4 k Phone (home) Phone (work) City: uJ CU:j -z..o_.,\-c,.... J./71 -q7 zc, t/4 9-5 3 2.0 Zip: SS3'; / DESCRIPTION OF REQUEST Estimated Construction Cost $ ------- Describe request in detail: :-E VA \ J r\.'e. . .w ho..u;e, ~~~~~~~~-------------- (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: Front Lot Width Side //""Hardcover Rear __ Lot Coverage vi Average Lakeshore __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ________________ _ (attach additional sheets if necessary) 7 REQUIRED SUBMITT ALS All of the followine: information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 4. 5. 6. 7 . 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition , provide one (1) copy 8 ½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8 ½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application . Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in rev· w of this application, and certifies that the information supplied is t and correct to bes f his/her knowledge. OWNER'S SIGNAT The owner hereby acknowledges and agrees to this appl · entry onto the property by City staff, consult members for purposes of investigation and v Date __ 7~-_I _-_<?~@ __ ission members, and Council Applicant must int 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 Co~mission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 Zo -I 17 -2 J -2 3_~ 20 -111-23 -3z ~z" t;,,, :','1~ \~y ~,i.·.,., ,::;} - .... .. . I RUN DATE 06/19/96 BATCH 511 . PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER . NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER. NAME/ADDR PROP ADD!j; OWNER NAP!£ TAXPAYE:R NAME/ADDR 38 20-117-23 23 0007 02755 CASCO POINT RD D S & J BREITNER DAVIDS & JANA BREITNER 2755 CASCO PT RD .HAYZATA MN 553.91 38 20-117-23 23 0011 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND. CITY OF ORONO . PARK 4/13/79 ST DEED 156754 38 20-117-23 23 0017 02795 CASCO POINT RD JD HURD/J L ZEHRINGER-HURD JD HURD/J L ZEHRINGER-HURD · 2795 CASCO POINT RD .. HAYZATA MN 55391 38 20-117--23 32 0016 02800 CASCO POINT RD THOMAS B KING THOMAS B KING • 2800CASCO POINT ROAD HAYZATA MN 55391 38 20-117-23 32 0020 02799 CASCO POINT RD T1JDD J THEILMANN TODD J THEILMANN 2799 CASCO 'POINT ·RD HAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST l . 38 20-117-23 23, 0009 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORdNO PARK 4/13/79 ST DEED 156754 38 20~111-23 23 0012 02776 CASCO POINT RD KELLEM DOWNEY·ET AL B C DOWNEY &. K M DOWNEY 2776 CASCO POINT RD. HAYZATA MN 55391 38. 20-117-23 23 0018 02773 CASCO POINT RD ELAINE E 01,..SON ELAINE ELLEN ERICKSON 2773 CASCO POINT RD WAYZATA· MN 55391 38 20-117-23 32 0018 02794 . CASCO POINT RD LAURIE F QUINN LAURIE QUINN . 2794 CASCO POINT RD HAYZATA MN. 55391. TOTAL BATCH 511 00013 REPORT NO. PI435401 PAGE 32 38 20-117-23 23 0010 00038 ADDRESS UNASSIGNED HENNEPIN FORFEifED LAND CITY · OF ORONO · PARK 4/13/79 ST DEED 156754 38 20-117-23 23 00!6 02797 CASCO POINT RD ·R J GRUNDEEN & J A GRUNDEEN RONALD J GRUNDEEN . 2797 CASCO PT RD WAYZATA MN 55391 38 20-117-23 23 0019 02765 CASCO POINT RD R & J PUTNAM RICHARD A PUTNAM 2765 CASCO POINT RD WAYZATA MN 55391 38 ·20-117-23 32 0019 02801 CASCO POINT RD P J HAUSER & R MASON HAUSER P J HAUSER & R MASON HAUSER 2801 CASCO POINT RD WAYZATA MN 55391 ~-,,...•·;·- - -- RUN DATE OV19/96 BATCH 511 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST . REPORT NO, PI435401 PAGE 33 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE . ~;p~~:E~~~~~~/~~~~R~:~!~~M:~/~FA=:~:::r~H~!x~:~~N~NT~H~H:E~~:~s· OF MY KNOWLEDGE, AND BELIE. F. ~. • <1, :2. ·.· . . . . DATE b 20 JbsY VIA. . , ,,.p;;;.P'.'."':4~ lJ --I Dear City of Orono, We feel we have a beautiful lot and have lived in the existing home for over 5 years. We love the area and neighborhood. We have had many people out to address the many problems with the existing home. All of whom have advised us that new construction is the most cost effective way to address the problems of 3 different foundations and 5 poorly constructed additions. Our request for variances on the average lake shore setbacks are as follows: We wish to put the new home in basically the same position as the old one in order to take advantage of the beautiful view we have without disturbing any trees and to use the natural hill creating a walkout entry on the lowest level which our existing house now has. We have put much thought into what would look good on our lot and take advantage of views, angling the new house on the lot in order to keep views of the neighbors. Because of the configuration of the point and the angle of the shoreline our house is set back farther from the shoreline than the neighboring houses. We have worked with different builders and architects and finally came up with our dream home that we plan to spend the rest of our lives in. We feel that what we are asking for is reasonable and that the plan fits our property wonderfully and will look great from both the street and the lake. Hard cover: our existing hard cover parking/play area is located on the west side of Casco Pt. Rd. This is a very busy and often difficult road to back onto 1 and it is hazardous to place a play area so close to the street. We request additional hard cover for a turn around for our cars witch will double as a play area away from the street. this improvement would make it safer for us to get cars out and create a much safer place for our and neighborhood children who play here. It would also improve the aesthetics of the property and provide a more pleasant atmosphere in the neighborhood. Respectively, J-P· 1)~ 1-kJl CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220 •. " =,1''"" After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Application # -------Date Received ------Amount Paid ------- -------------------------------Property Identification Number (P.I.D.) _________________ _ Attach legal description to application if not included on required survey. Date Property Acquired. ___________________ c__(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: __ residential __ other (specify). __________ _ Zoning District: ____________________________ _ APPLICANT Name Phone (home). _______ _ ------------------Phone (work) _______ _ Address: --------------City: _________ Zip: ____ _ OWNER (if different than applicant) Name Phone (home) _______ _ ------------------Phone (work) _______ _ Address: --------------City: _________ Zip: ____ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ ~ SO, 000 !...0 Describe request in detail: c..oi..;i ~r<i..'-'c..,10--..;i ot=: N\l.'-'I S-11-..JC.1...s,. t=A.11\,1...~ -<2..~'-0'C;.-...:>4,!.. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width ~Hardcover __ Lot Coverage .. Setback: Front Side Rear .,_,,,---Average Lakeshore __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _..o ~':>"-'Tl.~ -r-\-1-\L 5\,:~ \'\..\§. 1.....g.As.,: ( \h'-1.., )'S'\;.U > '\!..:::t:C:.. •••) '-'l\;.. \~~v'll... \..,.OC.~"l"\.!.,I) _.\-4\L._ ..._,y_,,y \..\OII\\L \."'-I -n-4%, ~1$'Tl-.:!C. \r\~,A~ L..OCAT•~--=>, "-"-S;.. 'c+Av\'!.. A'-'C..'-\1.D "T\-l'&-l,,..)'-bW \...\-OIA'1;.. .-0 '<2.~1..::. ""'t"\4S;;. V\~W c:>V:: :::D+\!,. --..lG.,\4HS)01'2.., .0 ::rY\!.. .5.0'-'"TH A~ l,hlC..1-J ~5 V9,SS1e:,\..1Z... -\~ 001~', --n•hS '"\!;. •-hh•n --nl '=:s"-'T~D "'TY:'+-'4\Uy vo:,Q.cl-l a,• ~A~T -S-l-4iiL %X.'.ST•~ C.' A vE.YLA~~ (attach additional sheets if necessary) \-A,~~11...\!. S'c..°T CAC..I~ . A \....!:,O \~ 0 '"....,~s N~ ~ ~ibv~'-'~"'( ,u-a..~ A-1'2,.ou.~,::, So Pt.!) ~o-r ,-o 7 ~ ~"--lj'-J"t'O A ~'-'~'"1' CA.Sc.a ?"t' ~A1) 7"\.IIJS. ~I!.. \+o,,Q,o~~~ vf.\Yl.lA'--:lC\!... \-..J ~ 3 0/, 2-0-1-,l~ , ,141?_ SI'-\.!.... Ot= -n,H~ LC.,. ~\4-01..ll..'() ~\:.'-~ ( '"-l"'t'H -4t11101..1--,.,.. or-: bO'C> ) -.0 ~L..OW "l-1 .. \!.. {2..-.J...:) c::lt-=C:::-v='i2.Dt" .-'"l'1-"'l"'-!la...:, A,2..,Du~":> ... . _.) f.->.-:.,&1fil.✓ r · ~) ...... '.····':=I t:.:~~J;; Adjacent Property Owners' Acknowledgement Form I (we) 1 [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ~7fS"l'.!a...:,cc,~. Rd. also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. .. --- / Date ~~~ P e · wner) Date ****************************************************************************** .. -~-r~ ~-J •.··, i ... -: .... "r.J Adjacent Property Owners' Acknowledgement Form I (we) ; [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ~7fS"l'.!a..scc~. Rd . also referred to as Land Use Application No . ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. .. ---··· ( Date ~~~ P e · wner/ Date ww**w************************************************************************* •·'),,·· ,-· i PLANNING COMMISSION MEETING JULY 15, 1996 AGENDA ITEM #2151 JOHN AND JANICE HURD. THE OWNERS OF 2795 CASCO POINT ROAD. TO: Jeanne Mabusth Building and Zoning Administrator City of Orono POBox66 Crystal Bay, MN. 55323 Tel. (612) 473-7357 FROM: Ronald and Joy Grundeen 2797 Casco Point Road Wayzata, MN. 55391 Tel. (612) 471-9133 SUBJECT: Average lakeshore setback variance. CONCERNS: The existing structure has an encroachment of approximately 15 feet on the lake side and is approximately 26.5 feet in width. The depth of the house is approximately 38. 7 feet on the South side facing 2797 Casco Point Road. The new structure would add to the encroachment, making it 24 feet on the lake side and with additional decking and a width of approximately 52.5 feet and extend toward the road on the South side, facing 2797 Casco Point Road, approximately 76 feet. REQUEST: Maintain the required setback that would apply to any new structure to preserve the view for all the adjoining residents and preserve the natural contour of the lake setting. I also feel that the proposed plan would diminish my lakeside view considerably, and affect the resale value of my property. Approval of this lakeshore setback variance would allow a future owner of my property to build closer to the lake and affect the adjoining property to the South at 2799 Casco Point Road. 7 Sincerelt: • J /} I . I t?t/t,.,(.d( r/ . . ....,_,f . , . . ~chf~-~~ Ron & Joy Grundeen PLANNING COMMISSION MEETING AUGUST 19, 1996 AGENDA ITEM #2151 JOHN AND JANICE HURD. THE OWNERS OF 2795 CASCO POINT ROAD. TO: Jeanne Mabusth Building and Zoning Administrator City of Orono PO Box 66 Crystal Bay, MN. 55323 Tel. (612) 473-7357 FROM: Ronald and Joy Grundeen 2797 Casco Point Road Wayzata, MN. 55391 Tel. (612) 471-9133 SUBJECT: Average lakeshore setback variance. CHANGES: We have reviewed the revised proposal for the new addition submitted by John and Janice Hurd for the new structure at 2795 Casco Point Road. We feel that this is an acceptable proposal and meets with our approval. Thank you for your consideration in this matter, .AU G 1 3 1996 ,, F -1- AUG 19 19% • l I I I I r~ ----71 ---....,n - )( \ . I I I \ \ . I I July 8, 1996 Jeanne Mabusth Building and Zoning Administrator City of Orono POBox66 Crystal Bay, MN 55323 RE: Land Use Application #2153 John and Janice Hurd 2795 Casco Point Rd. Variance Request I strongly oppose the above-captioned variance request of John and Janice Hurd scheduled for public hearing before the Planning Commission on July 15, 1996 for the following reasons: 1. The Lakeshore View Line and the 75-250' setback area was established for a specific purpose -to protect all lakeshore land owners, to preserve their rightful enjoyment of viewing the lake and the natural contour of the lake setting. I will not approve of any request that would be to the detriment of existing land owners. 2. The variance request is not an add-on to an existing home, but rather a brand new construction in which the present land owners have specifically designed their new home for their own personal satisfaction with no regard for the setback requirements, or the boomerang effect it could have on the entire neighborhood. 3. The request for variance would add approximately 24' to the encroachment, thus greatly reducing the view angles of homes located at 2797 Casco Point Road and 2799 Casco Point Road. 4. If the variance request is granted, what is to stop new and/or abutting land owners to continue to build new aiid larger dwellings closer and closer to the lakeshore and continue the neglect of the view line and the 75-250' setback area. I request that the City of Orono enforce the existing View Line and the 75 -250' setback area. I request that any existing dwellings that are being replaced by new construction be contained within the existing View Lines and the 75 -250' setback area guidelines. I request that the City of Orono uphold its strong policy of protecting the natural contour of the lake setting along Casco Point and continue to bring new construction within the current lakeshore setback guidelines. Respectfully submitted, Todd Theilmann 2799 Casco Point Road Orono, MN 55391 Tel: (612) 471-1125 Water 929.6 932-1 X + HARDCOVER CALCULATION WORX.SHEET SETBACK ZONE; (CIRCLE ON£) 0.75• 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House (AS ~ '.l! )+ ( '.?.'9 )(4 \ x -'l'-( b) + -~( -"'-ti,-L) __ Width B. Garage C. Driveway D, Sidewalk ~A""r'\~ Len1;1Llt (\,<\,(a] X Z.) ±J z..-;:;a4)~ + 1/2..' \ 'l.,)li .2.z.) -\--~ ~ .... "( ,:_ -o- ( 9"'1) -o- -d- \'9,.~~c:. u 1:-•En'.l--a.. X \:.'-4""4;-:.r-f'...:.-____ _ c~x:e,5) X F.. Pati~ ( 14" ~S \_1.-..1U.~ x ( ct_~~-O_O'-)~--- ,:;::,,,..._,-,,.; I A ,.i. I ,4 X F, Landscape Underlain 8y Plastic G. Other ( 2.40) -1'( 7B) + ;,;_ © @ ,; ,:_ ~ J ...-(si) © ® TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE "" -= = - - A '3,292.. 8.3 B I.S, 'tSD,00 :r; 100 -= PROPOSED HARDCOVER lN ZOt'iE ( ~so-S-ooj) == 'l0% /\. Houi;e ______ :r;_ ______ "" Length Width 0. Garage ( Z::2.x' 1.1)-.. ( \\ )( ::.\) x + Yz. ( 1.., '1. 2-i) C. Driveway (Sq.,;;-,(11.<>)-i--x (32..xl2.,£) D. Sidewalk E. Palio/Deck F. LMdscape Uooerlain By Plastic G. Other ( \'t-lic...lJu._ _::::_ X A, !'o.'--F"\: ~ .(i..A-:.1 "') 1-4..'(l.5 ,:._._,,.___..,_:4. Q ( so )( 1:.) X ~"'Wl--"--= ... :-( ______ _ X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE = - "" ,. ,.. "" ,.. !!!! "?> '"Z. 3 2. -"1 ~ .... 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EdenPrairie,MN 55346 -----------------------------·----·----- TYPE OF APPLICATION: Variances DATE OF MEETING: 7/15/96 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Planning Commission voted to table the review of your variance application as proposed at your request. Applicants agree to amend the current proposal and address the concerns raised by both neighbors in attendance and Planning Commission members. Planning Commission members advised that they would unanimously deny the encroachment of the average lak:eshore setback as proposed and advised applicants to proceed with an amended proposal that did not involve an encroachment of the average lak:eshore setback line. Your amended plan should be submitted no later than Monday, August 5th to ensure scheduling on the August 19, 1996 agenda of the Planning Commission. Please contact my office if you have any further questions concerning preparation of your amended plan. At Mrs. Hurd's request, the City is sending out a list of the addresses of the Planning Commission and Council members. ch , MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15, 1996 (#6 -#2150 Kent and Susan Swanson -Continued) Mabusth reported that the existing residence was built prior to the current Shoreland regulations . The majority of the residence is located in front of the average lakeshore setback as it is located on a peninsula and lot is pie-shaped. The applicants are proposing a single-story bay addition which will extend no closer to lake than the existing 31 deck. A 27 s.f. kitchen expansion addition will replace an upper level deck at 76 s.f.. There would be no reduction in hardcover as a 3' path or waLlc exists below deck. A second addition involves a kitchen expansion of 27 s.f. located over existing hardcover and upper level deck. One addition is within the 0-75' setback and the other in the 75-250' setback. One addition would be 49' in front of the average lakeshore back and the other at 33'. The setback of the lakeside deck exists at 58.5' and bay addition is proposed 65' to the lake. Mabusth added that she has received no calls from the neighbors, and there is no visual impact from the proposal. Peterson informed the applicants for the reason for the average lakeshore setback. It is to eliminate a leap frog effect from home improvements . He noted that the average lakeshore setback was meaningless for this particular property due to its configuration. Stoddard questioned whether both additions were necessary to meet the needs of the family. Peterson said there was a plan to complete both changes . He continued by noting the location of the home close to the lake requiring a variance, the reductions made, and creation of a different type of structure for structure, the problem arises when there are continual increases in hardcover. Susie Swanson replied that the setback was at 50' when the home was built meeting the code at that time . Mabusth added that the majority of the home was also out of the 0-75' setback. Smith was informed that the same architect was being used who originally designed the improvements for the residence in the early l 980 1s and 1993. Smith moved, Lindquist seconded, to approve #2150 for both additions . Vote : Ayes 5, Nays 1, Peterson, stating he was not opposed to the application but to the encroachment of the average lakeshore setback. (#7) #2151 JOHN AND JANICE HURD, 2795 CASCO POINT ROAD - VARIANCES -PUBLIC HEARING 8:25-9:03 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicants, along with their architect, were present. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15, 1996 (#7 -#2151 John and Janice Hurd -Continued) Mabusth reported that the application was for hardcover and average lakeshore setback variances to reconstruct a new residence after razing the existing residence. There is a 20' encroachment by the existing house into the average lakeshore setback and is proposed at 25' with an upper level screen porch. There is a minor excess of hardcover in the 75-250' zone resulting from hardcover in landscaping underlaid with plastic. The 7% excess in hardcover in the 250-500% zone results from the drive,..vay, turnaround, and landscaping underlaid with plastic. Mabusth said she has received 3 letters from neighbors voicing concerns with further visual impact with the mass of the house and the leapfrogging of construction closer to lake. The neighbors would like to see the home kept behind the average lakeshore setback. The Hurd's architect, Mr. Combs, said the original structure has been remodeled 4 or 5 times. The existing foundation is unable to support further remodeling. Combs presented drawings to show the relationship of the proposed home to the neighboring homes and the site lines. Combs said the garage; parking, and play area, which is highly used, will be pulled into the lot to create a safer play area and enable the residents to drive out onto Casco Point Road. The plan cal!s for the use of the existing building site. Combs said the applicants were sensitive to the average lakeshore setback and impacting of any views by maintaining this building site and angling of the home to better the impact. The home is also located in the mid-section of the lot so as not to infringe on the views. Combs said most ex-Jsting views are obstmcted by trees. Combs superimposed a drawing of the proposal over the existing to show that the new residence would be located in the same sweep line. He said it was also his intent to work within the existing topography. Peterson said the concern is that the proposed structure gives a larger appearance to the neighbors. He noted that the 675 s.f hardcover variance in the 75-250' setback and 7.3% in the 250-500' setback is minor when comparing the size of the home to the lot. Mabusth asked is there a need to grant a hardcover variance? Peterson added that with the razing of the existing home, the Commission views the proposal as new construction. Council Member Kelley asked the Commission to review the boat house on the property. Peterson acknowledged with new construction, a boat house may not be allowed. This then results in the existing boat house becoming an issue. The code calls for an existing boat house repair to be limited to board by board maintenance. Peterson noted that this particular boat house was in excellent condition. 10 .MINUTES OF THE ORONO PLANNING COMMISSION l\!IBETING HELD ON JULY 15, 1996 ( #7 -#2151 John and Janice Hurd -Continued) During public comments, neighbor on the south side, Ron Grundeen, said his concern was with a second story. Peterson informed Grundeen that his views will be changed regardless of what is built on this property. Grundeen said he would like to maintain the views he now enjoys. The obstmction of tree foliage was noted during the summer months. Lindquist reviewed the location of the existing residence at 15' in front of the average setback and a proposed 24' to the enclosed porch. This does not include the deck at 22'. Neighbor, Todd Theilmann, commented that the foliage was not an issue but was concerned over a "leap frog" affect with structures moving forward. He acknowledged that the placement of the garage and play area more into the lot would assist in alleviating an unsafe condition. Peterson commented that Casco Point neighborhood had many average lakeshore setback variances and saw it oPly increasing with more intensive building. This particular application becomes a bigger issue with the element of new construction. Peterson noted the possibility of the need to remove the boat house on the property. John Hurd said no mention had been made of the boat house during the designing of the house. He said he placed stakes showing the new home construction which he feels is less offensive from a view impact standpoint than the current residence. Hurd said the home now has 3 sub basements, and it is their intent to build the home as it should be rather than add on a further remodeling addition, which would be a hardship. Hurd said the boat house should not be part of the consideration and asked if there was any mention of boat house removal in the code. Peterson said the boat house becomes an issue when principal structure is to be removed and new improvements involve variances. Bill Miller, 2691 Casco Point Road, reported that the Hurd's responded to the neighbors' concern of visual impact by architecturally repositioning the home and staking out to show the lesser impact. He disagreed with Peterson's assessment that the boat house would have to be eliwinated. The code allows for boat houses to be upgraded through the variance procedure as he had completed for his property. The boat house is not to be improved. Miller said the Hurd's hardship is in the need to raze the home but the possibility of removal of the boat house only increases the value of their home presenting an inordinate amount of hardship upon the Hurd's. Peterson responded that in new construction, this is the time the City has to rectify past mistakes that are grandfathered in. He noted other agencies also do not allow such boat houses. 11 MINUTES OF THE ORONO PLANNING CO1\11v1ISSION MEETING HELD ON JULY 15, 1996 (#7 -#2151 John and Janice Hurd -Continued) Schroeder acknowledged that the Commission does have the authority to allow the boat house to stay, but this proposal deems the property new construction requiring variances, which does raise the issue of the boat house. Schroeder said the people who live on Casco Point should be most concerned with the development of the area. Hurd responded that this lot is one of the best in Casco Point and remodeling the existing residence would create a hardship. Theilmann said he had suggested the staking. It is his opinion that the second story of the proposed home would eliminate the views for the neighbors. Stoddard asked the Hurds what their objection would be in complying to the average lakeshore setback. Cohen said it was their intent to get back what they had ,:vith the construction and not to further disturb the land. Stoddard said he also lives on the lake and is in favor of the Hurd's boat house, but sees the average lakeshore setback as an lSSUe. Peterson acknowledged that the hardcover was a mute point and the concerns were the average lakeshore setback and the boat house. Lindquist said any new construction would have to meet the average lakeshore setback. There were no additional public comments. Combs said the home could be moved back, but the Hurds would like to maintain the same views. Mabusth noted that the new construction was being located closer to the Grundeen property. She said she had made mention of the boat house issue to Mr. Combs when the applicant was filed. Lindquist asked the applicants if it was their desire to table the application or noted the possibility of denial unless the residence was placed behind the average lakeshore setback. The Hurds asked that the application be tabled. Lindquist moved, Smith seconded, to table Application #2151. Vote: Ayes 6, Nays 0. 12 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone . (612) 473.7357 Fax 473-0510 . li.Qfil§ The Planning Commission will hold ·public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 15, 1996, the meeting commences at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2131 Larry W. Karkela of 4149 Highwood Road seeks approval of after-the-fact · variances for construction of an upper level deck at the lake side of the res idence. The deck encroaches the average lakeshore setback line and is located within the 75-250' setback area where hardcover excesses exist. 2. #2148 Wayne M. Holmes and Jackie Dahl, the owners of .1390 Park Drive , seek approval of a lot area variance that would allow construction of a new residence on . the property. The existing residence will be demolished and a new residence constructed that will meet all required setbacks . 3. #2149 Theresa Norsted of 2811 Casco Point Road seeks approval of an average lakeshore setback variance that would permit · construction of a screen porch at the lake side of the residence . 4 . #2150 Kent and Susan Swanson, the · ·owners of 32296 Casco Circle, have applied Aff"tdav·,t of Pu bl . t· for variances that would permit an expansion I ca IO n of a dining area at the lake side of the · residence . The addition will require · an average lakeshore setback , lakeshore State of Minnesota, County of Hennep1'n. setback and hardcover variances. 5. #2151 John and Janice Hurd, the owners of 2795 Casco Point Road, seek approval of · an average lakeshore setback and hardcover ,variance within the 75-250' setback area to permit construction of a new residence . The .existing residence will be demolished prior to construction of the new residence . Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: 6 .. #2153 Ben Young, the owner of 3105· 6th Avenue North, seeks approval of a variance 'that would allow the installation of an · accessory structure to be placed in front oi . the_ front /street lot line of the exisiirig A.) The newspaper has complied with all the residence . ·· •· ' . . . . requirements constituting qualifications as a .All persons wishing to be heard will appearat · .. this meeting. Written comment_s are solicited. qual1f1ed newspaper, as provided by Minnesota .Plans are available in the City Offices for ;review, by appointment. Statute 331 A .02, 331 A.07, and other applicable 'City of Orono •. · I 1aws, as amended. :sy: Planning Commission / ·Jeanne A. Mabusth B ) Th ~ 11 / ) :Building & Zoning Administrator ·1 • e printed ---'"""""'1,,.._l,,J._J.:.r.,.,t<:..__""'1fl-~,J.J.,!.4W...t..LJ.(.L._ __ (Published in The Laker and Pioneer June 29,. 1996) ·i ____________________ _ which is attached was cut from the columns of said newspaper , and 1as printed and published once each week for ___ successive weeks: It was first published Mo day, the J,q 7/!, day of / 'L/?1 . 19 Cf ft , and was thereafter pr~ted and published every Monday, to and including Monday, the __ dayof _ 0 ~19_ 1 _, ffe-L~ed Agent Subscribed and sworn to me on this By: J KRISTI HOLM NOTARY PUBLIC-MINNESOTA MY COMM. EXPIRES 1-31-2000 e n r a (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch . (2) Maximum rate allowed by law for above matter: $12 .20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week : $5.05. - 0 ..!) C) tO ----------r~1 ~ I . 7 , 7 TEL ~lo . :,c·, ►r,,,,l'Vl=t ~----..-.-------------- r----------•trm ______ ,.....,__,.._,__, .... .........,, . ..,, , · ~w-.... xm-•-•-•w-•,...--.....,...._,-,,_..__ _______ , ___ , Proposed Top of Block --- f>roposed Goroge Floor LOT SURVEYS ccMPANY, INC. 'LAND SURVE10R3 REGISTERED UNDER LAW; OF~TATE OF MINNESOTA JNVOiCE No.0343 _____ _ F. B, NO. __ _.i:,..,;l1;ww...1,11.,_-___ _ SCAt.1? J'' " ___ ;c.._ ___ _ o Dtnotu Iron Monument ___ Proposed Lowest Floor 7601 .. 73rd Avenue North 560-3093 D Denotu Wood Hub Se.r . for E;tcovatiof\ tlily Type of Building -Minneapolis, Min.nes1ta 55428 • . I ~rynnl Q.hrlulr~ :.,.1 ~y__ / .J ----I fl/""-----------.L... %000.0 C) Detiotu Eii11!ng Eleva1ion DenoieaS ?ropoS4d EI1vati0t .. ◄ -Denot11a Surface Drai~t19• Sketch for ',iad ance purposes ;I ---------I I I II I I ;y..J ----,1$' / /~-.,,,,. ( I) . .6./ .J -• I I -----~--1 I I I I L'i.JV, ~ . r-------:;tao f A J I I Ji" I --------,,,. ___ / --------I ,.,, • ...._ I . I / I ~rl-i i I i'I ! . ;' / i I 1 I -----/ I I I ' --., Ii t_§ f I I ---r---I---i I I , / 71 J:J.;__c1r .. ·· I •. E._ ! .,, i ti /' i -zt::.C/~~1 I i ,1 It ·; .. . u~_,__ ::__ ! ~ I / /' J l'b1SO ~ rr-i II/;/ / / ·····,--···•--... _.; • --~ --I --~ ~ / ~ /' J i f-// I l ~~fi?~o F~<o "' J go'i~ ~UAf::-0 v~-f----,. ~ ,/ ' .. /. -----.:.._--------I ~ 1h ) • './ ~ • ~ -➔I~~-f\,:: ' ~ ~ 1 ~ I i I ;1 <t-k : / ,, I ~ ~ I } ! I 11· I ~ I I "' ! ~ I I I . • 1 . 1 , '\ 1 1 _,1 I I I I I I ~-2o I I ~ I J-~ j I I / 1 I I II /~ ~"' __J_ I /'°'/ ~ I/ ~ / / / [ U.ou~~ , ____ j' ----~--J ~ / ,\ ·; r ~ ..., / I . ~ . I /i ~ f V / Proposed building inlormalion must be checked 'IVith approved ':)1Ji!ding plan b~fore excavation and construction. \D ( I I lot 129 and that part of t:ot 130 lying Southerly of a 1inefdfa~ medh fa~ with t.ie ~~~the\1~fandh /· . Southerly lines of said i~ot 130~ together lri't4"l that part o ~a....es ere nvenue vaca~i am . ..: t.e tract of land between saiid vacated avenue and the shore of Lake Minnetonka,., as designat'=1::i 'and '-Ne he:eby c.ertffy tr.at this i;a tn.:e and ccrracr re;:-,r-e-4"...entafon .-1 ~ .. u...,.,.,.,,, of tt~• botlnaanes of th -.. .-· ~-"' -· ·-, "" ibl e a.0<:ve des.cnbed land and the locat100 cf aH buildbgs a..,o vis- & ~nments, 1f any, trom or on said l.ana. defined in the instrumentl of dedication on the plat of SPRING PARK, ·iying betwe€n the West~rly ·.:',_r:::::.:-: extension of said median !line and the Westerly extension of the Southerly 1ine of said Let 129, all in SPRING PARK. · For purposes of this :survey, said median line has been assumed to b~/i 1Jpe .. _ drawn from the aiidpoi nt c>f the Easterly 1 foe cf Lot · .-· ... fl I () .I.J-I If { J · · · Su~ by u~ thi:! 21st dar of _J,.,.u ..... n,.,.,,e ____ ·,s ~~---6 ___ _ 130 to the n:idpoint of tine Westerly 1ine of said Lot 130 Signed _,J....-~ I.:.._-~~-~------- . Charles F. Anderson: Minn. Hca. No. 21753 · · , _________ , -- LiLLLZ~~~.;;:.,. •• ,;.au.~-..:a.~~.~'i~~-,..._i!..,,-h~-....ll'!;.J•,"'c,.,,~~.=n,;:,:::,.s.-,~"""-....---••~,.,..= . - ~ ' I I I I u □ □ I p-- """"""" I I ---~ , ..... ,'::>,a.....:, ~ ~-(' ~0..1~C-"TIO...:> ~ I f--(.~(:;.,\;?.. ?'-l'l\'-li\ I I / '- / ' ' I / '-/ ' ', / ' / ' " I' " "I !! II - t<;;;)~lol,. \.,.\/A\'T~ ,,.--""J [I] ~ ,- / ' / ' / ' / ' ' / ' / ' / I ' / I I i I ~~'-0'" " \ ~~ . ?a~"' \..Oell\""f'O..._, ...---9A.-i-•O ~ HOUSE LOCATION SURVEY FOR: MR. JOHN A. SWANSON #377 tfiliE@[m/ ~rn JUL G ,., ::.:-" ~ t;- -if- $~ ~ ~ V -- LEGAL DESCRIPTION: /-- -------- I ---l I --1 I ,. ' J-LJ ·.,. ::::1: ··•!; ---Js9.2s·--c"·' r:;_~~;JOUSE THIS ITEM HAS BEE" MICROFILMED 36 w---7 ------ l J5_2' ----,- EXISTING .,. "'O' L_()7· i::?d I House locations in lots adjacent to Lot 129 and that part of Lot 130 lying Southerly of a line drawn median with the Northerly and Southerly lines of said Lot 130, together with that part of lakeshore Avenue vacated ard of the tract of land between said vacated avenue and the shore of Lake Minnetonka, as designated and defined in the instrument of dedication on the plat of Spring Park, lying between the Westerly extension of said median line and the Westerly extension of the Southerly line of said Lot 129, all in Spring Park. For rurroses 0f this survey, said median line has been assumed to be a line drawn from the midpoint of the Easterly li~e of Lot 130 to the midpoirit of the Westerly line of said Lot 130. I HEREBY CERTIFY THAT THIS PLAN. SURVEY, 0A REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS bf THE ~~~E OF MINNESOT~·~__.;, L _(._~jJ .. ll~-L:::,-4~;..e, ·. U4TE. 6-.28-78 _ HE<,1STR-'TIO"<NO 50.9..'i VILLAGE OF ORONO SCALE: 1"=40' • DENOTES IRON MARKER FOUND DRAWN A.C. CHECK D.R. SUR.VEY av P.S. ~ RIEKE • CARROLL • MULLER ASSOCIATES INC. ARCHITECTS • ENGINEERS • SURVEYORS Hopkins GaylOfd Fatrmont St. Cloud Bra.nerd M..-kalo Worthmgton CAAWING N0- FIUNO. 781021 ll IJ ~ I ·~ . ,., /"~---•--•oe•••(W11,) ;, ~- -i", ..................... ~-........ ~ ......... 1, .............. ,. ..... , .. ... ... .._ ...... -.. ....-""" ........... ~. ,.... ........... --...... . ':)NI mlYll.llll S'11NVIO@ IJJIDlllAdO:l J_:!L i \ ! BB COPYIIIOHTI C)CHAIILU IIICHAIID INC. .......................... --~.::-.!=-=:~= ..!.,..CW.~N..,,_..lf..._. .... ~&..M ~ ...................... _ ...... ...., ... ............ .,,.... .... ......,_.. IA'·,4" I 'l.~A."!X.~°1:...~-0 .. . ' I ,: s'· t.1 ' ""I- ~---➔ I a-..-..C.A,.Ql6."'ll 1.\. $'YA'' :lit' 1.'.. S""Y4" c.:-.u· ;i.-,¼" :a:-,,~-· A'·o•· A'·o•· \O'·o" ~ "· -~-. '\ , .... 6, -"-' f "' I / :a4~ I~. ,. fl" I .. , hf Ii I ,'·, -~~ '-l I' . ., 1a~ I . t~ !l . I . ~~ T . I , t : i I .t <>. 0, ----·+.--. r -i.;'-.c1u•·,,,,....,,. qir...L .J'i.i:"::i c-11J1",,c. • l4'·A.'' A.~··o" s'·C." ~- <\ ,to;. "'· •. ~ •. "'· N o:. 0:- 0 ~ ~ Jl ,· () ~ »,. "-o s'•c.·· SHEEI A·S OI '74 -I," :z.'-o " 4'-0 " \ \ ,_ ~" ! .1 ~.::t::=====:%:==-----==; ---------+---+-----l-----+-----+---I---+---,---,---,- ' T ' ' ' I ; : ,,,------7· c;: . = I I lfr I '. I 8'-I ___: ______ ~ --tt-i---··· - ; 2.4'-~" COl'VRlGll'!t ©CHAHLd RICIIARI> INC, • 0. .. ..,,,.-....... •k...., .n. ...................................... _..,_,. ... _ _ ........ ,.,_ ... ,_ ....... _,...i,,,.. __ ..... ---~ ............... ~~., ....... "'.,....,,._... ,..,...,"C\"'-u..4N.,......,~,u.;w1-c,.,¥1a..•.AI ---·~ ............ _ ....... ·-... ~ ... i,... ..... _.,._..,.,...._ .. ....,.,1""-................. ., ....... ~ ... ~- 1.;,'.C)" ,,,. ,~··a " \A'-4 " I 1'·b" "7 A'-ID" li i?. . {t~ 11· · ··:_ ' SHI • QI - , ' ' r r..-----~ ! __ --,,,J______ -C ----%-I I I I I- ~ -r-·~ I \ ; I "--,-- I ..... 1 . I I. I I :-..,, .... --..... -+-·-I CD CD I I I I / . · ... I l -d ,_ I+- I ---I I r--f ' I I '--'""l ' I I -~ I ... I l ; lJl I I -- I I I . 5~ " I I . ~--,-_ __:.._[__j . --/ . I~ i □ : "'>) ~I ·-+1 --1., I I I Pl I I I I ~ :I' I I I _JJ J . --+' I I I I \j Ol !O!~----1 >----7 N1\F ;:t-:-·- --·-- Th '□-.xt i \J ~ □ I I I ./ I I . -I I/\,! I I l.4s~J---I '' i 1~{_ I L--~·~- I cJ I - I I ~1------------'-I I . . ---- ' ~1------L-----l- ' t COl'VRIGIIT1 ©CIIAllLf!S IIICIIARll l~C. enu1~,,.., ... ,.. ............ ...,_,..,.i.w,_...._ _W... ... n.. ........ ..._ • ...,_,..i,;.otl.,..."'4M ............ ,... ..... _'"""~•1 ........ a. .... ..,,..,... -'0....IWoiill ... ,,._...~,u.w.-c.,,.i.tll.-, Al -.\\IWO!I ............... _ ......... _ .. ....,. ....... ._ ............................. >l ___ HOUSE LOCATION SURVEY FO R: MR. JOHN A . SWANSON #37 7 Ifill@ & uw & wJ JUL 6 b :~. /!.., -k-"'y- ~ ~ ~ , __ (bl\ $ cy p ~ -- -- v"'v" _,.o· ',,, E X I ST IN G .: , B E ACH H OUS E : [X T [NS/ON ...... LIN[ OF L OF SOU T H OT 12 9 LEGAL DESCRIP T ION : ---- ---l I 7 I I !.. .. ()°"}"' THIS ITEM HAS BEEi MICROf llMlD -- ,.·· .... EXIS TIN:r '15E I I House locations in lots adjacent to Lot 129 a nd that part of Lot 130 l y in g Southerly of a l i ne drawn median with the Norther l y and Souther l y l ines of said Lot 130 , together wi th that part of Lakeshore Avenue vacated and of the tract of l and between said vacated avenue and the shore of Lake Mi nnetonka, as designated and defined in the instrument of dedicat i on on the pl at o f Spring Park, l y i ng between the Wester l y extens i on of said med i an l i ne and the Westerly extens i on of the Southerly li ne of sa i d Lot 129, a ll i n Spr i ng Park . For purposes of th i s survey, said med i an l ine has been assumed to be a li ne drawn from t he mi dpo i nt of the Easterly line of Lot 130 to the midpo i rit of the Wester l y l i ne of sa i d Lot 130. I H ER EB Y C ERTI F Y THAT THI S PL AN. SURVE Y. O R REP O R T WAS PREPARED B Y ME O R U NDER MY D IRE CT SUP E RV IS ION AND THAT I AM A DUL Y REG I STE R ED LAND SU RVE YO R U ND ER THE LAWS bF TH E ST A TE O F MINNE SOTA . ((~c&k~.L o:;::~• DAT E _6-28-78 _REG I STRATI ON NO _5 09 4 VILLAG E OF o~o~o SCALE : 111 =40 1 • DENOTES I RON MAR KER FOUND D RA W N A .C. CHECK D.R. SU R VEY BY P.S ~ RIE K E • CA RR O LL • MULLER ASSOC I ATE S INC . AR C HITE CT S • E NG I N E E RS • SUR VEYORS Hopkins Gaylord Fa ir mont St . Clou d Brainerd Mank a t o Wo rthington DRAWING NO. F I LE NO . 78 10 2 1 I . . ---·· ! ._ t f . I l I I I ! I ----- ----7 / U• L y---------- E I L -~-------~ --o _l__________ ----------------ti\ io.o 10.0 0 l (' ,, ..,/ /ii ~- ~ r• '"·4 ~r--l-...::,,,.~::----~--7 oa ;.. ()I ----·71 7t>'~ I 6 i ~ I I ~r I L~ ___ J '----------'. -~-~ -----,- I \ ~ \ \ g \ 1(,.0. I : I v, Cl ~ I ~ I I / \ I I I \ I. I I I / -I--: ii/ I I I '-..__ --\ -· / \ _ _,____ ,.,. \ / / b / ( \ \ ~~-7r ~ ~ ----....... ~ _ 20.oo ::::--b.-~-----·---------,~ ..... ,,,,.._-__________ -_-:-~1 --------...__ ---__,,.. I I I 7 -0 -- -1 ,. '1 I I I G/7/, (1im,). j I I I ; ( 6 ;! \ vJ C ~ \ ·/ ' ~ .;_ ;, oil' ,-.. ., ...____ -! '\ I ! I ! 11 ; iii i 111 ••o HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X (D Length (y csz.xze,) ➔(1.<\.53)(2.)x + ( b X. A,) 0) X X ® ® B. Garage '/i..{ l. '1 >< 2..b) -+ ( 3 >< 2.) x C. Driveway GY @ X X D. Sidewalk ( t., >< 5) + ( A X I q ) +. x @ ( ~ )( 5S-\ WA1. .. u;. X @ @ E. Patio/Deck (11,t; >< 10) + ( to x s,s) + x V'\'"TIO [(\bX12.) + 1/L( B) 2.] X 8 @ ® =<S,Z Width@ L(&x11)-+T2. .. J ii) 2..l<. 1A.(Ai<2.) @ @) @ = = = = F. Landscap~ . ( 2.0 i< 't ) + ( :z.. l( 1 aj x + Underlaid-~~(A'1 X '3.) + (2.1 ><'1)@) x + By Plastic '/z. ( \q X 15 } +(:> '3 x 1) x ( IO I< '7) + /o + ( 8 X 10) Y,( 5)2. +(lb.>(3)@ = @ @ ® G. Other ______ x ------ TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A B 1.s--, "7 so. oo X 100 = PROPOSED HARDCOVER IN ZONE ( <So'-soo' ) :: ~ 0 A A. House ______ x ______ = Length @ X X X Width @ §) B. Garage 1/2.( ~!;X 1q)-+ (~4. )(2.\ x + (z.q i<S )-t-(10 ,<2.~) @ @ @ @ C. Driveway (9"fl(\&)+(1e,x2.s-) x ~ (1ci,<1~ • .s;)+("2..x10) @ 2. 12.,o,t,,..,&..-i..S = :Z.S,O X §) Q D. Sidewalk (4'1<i.A) ->t 8.oo 60 (3XAS) X E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X @ 6) X (ISX:~)+ (2.•.S'><.S) X X X X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A 3-41 A. ooo B er, !So,ooo x 100 13 = = = ______ S.F. ISBZ. tJ&o S.F. ~Ab. Ooo S.F. S.F. ------ 3S'7. 000 S.F. -o-S.F. ------___ -_o_-__ S.F. 13.z.000 S.F. 2.SS, ooo S.F. lb.3-12_.s-S.F. 2.ZA. ooo S.F. '.37 A ,OOQ S.F. =ib8,0oo S.F. 2.A I. .Soo S.F. ______ S.F. 3. q A 3.Z8~S.F. S.F. ------2.s. 0'3b'1 % -c,-S.F. ------ -o-S.F. -------o -S.F .. -------o -S.F. 739'.ooo S.F. 22."18.soo s.F. '2.S,ooo S.F. 104.oo S.F. •~s.oo S.F. -o-S.F. -------o-S.F. ------ 132-.soo S.F. S.F. ------S.F. ------ S.F. ------ 3-4\4.ooo S.F. S.F. ------ _"3_':r_. ~-=-'~'4~_% A B A B I ll o°'/ I I Ii, -----,. @S,,\.::.. /.\-1 I \ \ I I I ----------! I I ----------. ---__...-/ l '7.s-. oo / __...-/ I I I / / 'SCA.w..':!_ \'" = <0,Q' !J I f I I ~ / I 9'7,()' JU>' '''''O\!... /.\~?\-4/.\\,..,... ~a..,....,~'".c\.Y ---------____, - 0 -.!} I - Ol 5,.it, .. CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. 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 #2151 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 28th day of June, 1996. Jamie Bo q.3 ,0,}-n( ti._~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 15, 1996, the meeting commences at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2131 Larry W. Karkela of 4149 Highwood Road seeks approval of after-the-fact variances for construction of an upper level deck at the lake side of the residence. The deck encroaches the average lakeshore setback line and is located within the 75-250' setback area where hardcover excesses exist. 2. #2148 Wayne M. Holmes and Jackie Dahl, the owners of 1390 Park Drive, seek approval of a lot area variance that would allow construction of a new residence on the property. The existing residence will be demolished and a new residence constructed that will meet all required setbacks. 3. #2149 Theresa Norsted of 2811 Casco Point Road seeks approval of an average lakeshore setback variance that would permit construction of a screen porch at the lake side of the residence. 4. #2150 Kent and Susan Swanson, the owners of 3229B Casco Circle, have applied for variances that would permit an expansion of a dining area at the lake side of the residence. The addition will require an average lakeshore setback, lakeshore setback and hardcover variances. 5. #2151 John and Janice Hurd, the owners of 2795 Casco Point Road, seek approval of an average lakeshore setback and hardcover variance within the 75-250' setback area to permit construction of a new residence. The existing residence will be demolished prior to construction of the new residence. 6. #2153 Ben Young, the owner of 3105 6th Avenue North, seeks approval of a variance that would allow the installation of an accessory structure to be placed in front of the front/street lot line of the existing residence. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. City of Orono By: Planning Commission ~,.,,_,,,Jc 9,J7 c,c/u.JiS eanne A. Mabusth '-~-C-4 · Building & Zoning Administrator To be published the week of July 1, 1996. I I . \ \ \ I I I / t:, .. o, ~; ~ f ,., \J 9 I'> ti, .i I!/ ~'',1£. ' . ---------! ·---,,~Cl. t,o,.~N - ",en-;:-~ i-,,t,.od --- I, [ +