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Home My WebLink AboutProject PacketCITY OF ORCM, MUMWrA Caditienal Use and Variance Applicatidn } LOCATION OF PROPOSAL, or ( property) Address A"f6 Maeo Pr Ri? / /.tl/4Yzrsr4 -15-014 legal Description ..Ora /Al d h4rZ/.30 �-p,&Mjj J.let APPLICANT Naar --/ N/Y/U 9 &(J phone I '17/-V57 Address .7795 e'n+a[o lr7Po W/3vI/tTtt S3JY/ -, I Name 15 9hvE Phone s Address Present zoning Present Use* /[y &dIxg Ordinance Section Relating to Request Wetlands Variance FOR OFFICIAL USE ONLY Council Action Specify Ordinance Requirements [QAjp US/ &&miT A etsAL RL4WdiO &A 490Er7 &QUI f C14,1r&f,5 Explain Request Relative to Requirements TWO ADDI"AVAL Rlf/OA&r/4L Extent of Non -conformity Tk'c 14,, u /ilia 'Hardships to Property (Your reasons for requesting this Variance or Conditional Use Perrit -r-&—eEk EDRL[Al f/"jz -//L A'/FE /-1 -0 Inc 71"E.0 ,5V .e!K,C AT - 7/Yt µ'Nor c ar /„r 7c .�[✓E /n: F/O/-'/i'y �/ 3�E'il c/ 34/��/n4.�c'y c 7M ccl C7N.E'.YrS! %%�7 !J FO.Q MATERIAL NECESSARY FOR OMPLEIE APPLICATION %�rthJ (Mut be submitted 1 week prior to Council Meeting) 1. Al icationcospleted 2. Pl t Map Section 3. Suvey (Sketch in proposal) Date 4. Certified Property Owner's List or: avers within (300 ft.) (150 ft.) from Hennepin Canty Registrar of reeds S. $30.00 roe Signature y¢'cl/�4t�l�c iJ ecen+ DEPARTMENT OF FINANCE ---" ��--- A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 1 PROPERTY OWNERS LIST nmy C--) �M I DESCRIPTION -- - Imik �m W.1 — evil ,. ' MIMS io�� iRD\eel �.Pr�U W.,� ,f my 1(D ` 7 7 0 dJJlr A, I. a �I 5 9 a. ZI G s♦- �;' I sS '•:,T aa.�- ._o+c is l Plat of rurvey as sv '-,.., hi.. Ls.. a 1 for John A. Swanson 389 LB in 'Ate 129 and 13C, Springy Parr. Se oz e: "! . Hennepin County, Minnesota + Certificate of Surve;•; . : hereby certify that this it a true anti eorrert representation of e, survey of the boundaries of Lot 129 am that .art of .,r t. _ a line dram median with the Nortnerl: and Southerl,+ Lines of said &At 130, tot, t',er Lt. cm:t . of Lakeshore Avenue vacated and of the tract of Land betvsen said vacated ay.!ue Minnetonka, es desigriated and defined in the inetr'.sent of oe•.iicatiou n. ., the Aesterly extension of eel.-- nvaier. line tie Nea'er�r e.i i,, .., 1. all in Spring Park, and the 10cnSior of e11 e.,istir 'ni L'.,t•wr,• . said lard. For nwonses of this survey," s-i= : die-. Lt,.a h„;...,e: z Of the dasterl, line of said LAt lit t- t-,. cit:rdnt tn, o•st--i. .... oecuoatlon does not fit said median, !ins an uefi—I . Scala: 1• = 40, Mete : 3-23-76 .r:e a . Iron marker found 0 1 Iron marker not MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 24, 1978 Mr. Jim Nossback was present. Considering that there were no complaints and this request is identical to that made previously, Hannah moved and McDonald seconded approval subject to the same conditions as last year, subject to renewal in 1979, Motion: Ayes (6), Nays (0), motion carried. Mr. Swanson was present and explained his application that would include the creation of two new apartments off an existing house, a mo.her-in-law apartment in the basement of the house, and a separate apartment over an attached double garage for his parents to live in for a part of the year. Each apartment as well as the house would have separate kitchen and bath facilities so you would in effect have a triplex if his proposal is approved. The Planning Commission was concerned with the effect of building an apartment unit in a single family zoning district, and noted that the guest house requirements would require a lot size variance because each separate guest house by the ordinance is required to have all the requirements of a single family house on each lot. In this case, the lot is large enough for one unit not three. Dick Hassel recommended review of the plans and redesign to accommodate the guests without separate facilities or separate entrances. Gregg Hannah also suggested separate wings would be alright if the access was through the house and not from an outside access. -he Planning Commission suggested that if the houst was redesigned to allow for this, a conditional use permit may not even be necessary and only an addition would have to be considered for thy house. HENNEPIN CTY VO-TECH 2950 6th A,renue No. CONDITIONAL USE PERMIle (#376) JOHN SWANSON »sr VM Casco Pt. Rd. CONDITIONAL USE PE (#377) Tim Marr and Alex Mayer were present. They went BIKE/HIKE TRAIL through the materials and explained to the Commission HENN. CTY PARK the extent of what was requested and the ieasons for RESERVE it. They show a total of 7.1 mile trail around the WETLANDS VAR. entire park includ'ng a 1.2 mile-ection of trail within the City of Orono. The trail would be asphalt surfaced except through the fill area we are discussing which would include a crushed limestone surface across the marsh. This has been before the Park Commission and approved by them on April 4, 1978. The Planning Commission was interested in having all members completely review the facts and had a question as to how much of the marsh would be filled by this proposal. TO: Planning Commission 6 Council #37 4 � FROM: H. F. Muhich, -3ning Administrator I DATE: April 18, 1978 �)Iy RE: John Swanson, 2795 Casco Point Rd. Conditional Use Permit - Two additional living quarters as guest houses Exhibit A - Application for approval of Conditions r Use Permit to add two more residential units to existing rea Bence to be used as guest houses for the families of boch mai and wife of subject household. The walkout basement wouldfie expanded and remodeled as a separate residential unit for 96e of the families and the second unit would be added above the/existing gara;;e. Exhibit B - Survey of subject property sions, location of existing structures additions to provide for two additional The property is located in an LR-lC or 21,760 sq. ft. area and 100 ft. The subject lot meets lot area width requirement. Property is unit. . ng lot dimen- osed necessary tial units. ing district. (1/2 acre width required.) nt and 80% of lot and assessed for one The existing garage is local d 5.9 feet from south lot line. Although the proposed seco story is only an extension of this existing wall, I bel ve we should address the sub- standard setback as a va Ice requirement as the proposed expansion would be for a purpose of providing an additional residential unit. (A hange in building use) If the unit above the garage wery to be approved, frost foutings would be required aroune perimeter of the existing garage to prevent frost dams a to the structure and water and sewer lines. Exhibit C - Section of plat map indicating location of subject property. Applicant ryas submitted one set of plans for projected renova- tion if p on' al is approved. #377 continued Approval of this proposal would require 1. Conditional Use Permit ap units to be used a3 guest Variance of 4.1 feet from yard setback requirement garage. 3. Sewer unit charges s uld _p t following: for two additional 6e required 10 foot side for living quarters above be addressed. TO: Planning Commission & Council / / 7 FROM: H.F. Muhichj, Zoning Administrator DATE: April 18, 1978 (Corrected 5/11/78) RE: John Swanson, 2795 Casco Point Road Conditional Use Permit - Two additional living quarters as guest houses. Exhibit A - Application for approval of Conditional Use Permit to add two more residential units to e:isting residence to be used as guest houses for the families of both man and wife of subject household. The walkout basement would be expanded and remodeled as a separate residential unit for one of the families and the second unit would be added above a oroposed double garage to be attached to the house. Exhibit 8 - Survey of subject property indicating lot dimensions, location of existing structures and proposed necessary additions to provide for two additional residential units. The property is located in an LR-IC zoning district. (1/2 acre or 21,760 sq. ft. area and 100 ft. lot width required.) The subject lot meets lot area requirement and SO% of lot width requirement. Property is sewered and assessed for one unit. Exhibit C - Section of plat map indicating location of subject property. Applicant has submitted one set of plans for projected renovation if proposal is approved. Approval of this proposal would require the following: 1. Conditional Use Permit approval for two additional units to be used as guest houses. 2. Sewer unit charges should be addressed. John Swanson 2795 Casco Point Rd. Page 2 Commission Meeting - April 24, 1978 Mr. Swanson was present and explained his application that would include the creation of two new apartments off an existing house, a mother-in-law apartment in the basement of the house and a separate apartment over an attached double garage for his mother and father to live in for a part of the year. Each apartment as well as the existing house would have separate kitchen and bath facilities so you would in effect have a triplex if his proposal was approved. The Planning Commission was concerned with the effect of building an apartment unit in a single family zoning district, and noted that the guest house requirements would require a lot size variance because each separate guest house by the ordinance is required to have all the requirements of a single family house on each lot. In this case, the lot is large enough for one unit not three emits. Dick Hassel recommended review of the plans and redesign to accommodate the guests without separate facilities or separate entrances. Gregg Hannah also suggested separate wings would be alright if the access was through the house and not from an outside access. The Planning Commission suggested that if the house was redesigned to allow for this, a conditional lase permit may not even be necessary and only an addition would ha�,e to be considered for :he house. Planning Commission Meeting - May 8, 1978 Applicant John Swanson was present. Mr. Caffron stated that applicant was directed by Planning Commission to bring in new plans showing an addition rather than two additional unite. Applicant presented plans showing an addition to existing house without separate kitchen facilities. Planning Commission reviewed the plans and addressed whether variances were required for the proposed addition. Motion by Hannah and seconded by Hammerel to approve the proposal as an addition to a single family dwelling, approve variance of 20% of lot width requirement, with provision that extension to the pest does not further encroach on present side setback. Motion carried. Staff Note - May 16, 1978 The proposed construction plans are too large to copy but will be available at the meeting. The two apartments or living areas are accessible only through the main house but each contain separate bathroom facilities and a "wet bar". Council may wish to have the applicant sign off on a resolution to be filed in the chain of title such that these units are not rentable. John Swanson 2795 Casco Point Road Page 3 # t3r/ 17 COUNCIL MEETING - JUNE 29, 1978 Mr. Swanson was present with revised plans and a more detailed survey for consideration. Action was deferred because staff had not had time to review the changes and there had been no time to notify the concerned neighbors. The work as proposed now includes a basement extension which projects beyond the average Lakeshore setback of the neighboring houses but which extension is essentially below ground level presenting no view barrier. Variance 34.201 Average setback existing house extends 12 ft. beyond proposal extends to 32 ft. beyond Possible Hardship: Grade stabilization of existing downslope for erosion and drainage control. Variance 34.552 Side setback existing setback 9.0 ft. setback at end of addition 8.0 ft. required setback 10 ft. variance 2 ft. = 20% Possible Hardship: Extends existing house line. The garage/sleeping area has been redesigned and relocated. No variances required on this portion of the work. Lot Specifications Lot Area: 34,500 sq. ft. - .79 acre Lot Width: 84.3 ft. road/100 ft. lake/ 92 ft. average Hardcover: Within 75 ft.: 7,125 sq. ft. lot 400 sq. ft. hardcover - 5.6% variance: 34.202 (existing) 75ft. - 250 ft.: 16,100 sq. ft. lot 1,350 sq. ft. existing house - 8.4% 500 sq. ft. basement addtn. - 3.1% 150 sq. ft. basement deck - 0.9% 850 sc ft. garage addtn. - 5.3% 2,830 sq. ft. total - 17.7% allowable - 25% - no variance required. John Swanson 2795 Casco Point Road Page 4 COUNCIL MEETING - JUNE 29, 1978 (Cont.) #377 250 ft. road: 11,275 sq. ft. lot 480 sq. ft. existing garage - 4.2% allowable - 35% - no variance required. Total lot: 3,730 sq. ft. hardcover - 10.8% Summary: Variances required fc sement addition: 34.552 side setback and 34.erage setback. COUNCIL MEETING - JULY 11. 1978 Letter received from Ronald Grundeen, neighbor to south objecting to the request. Mr. Erickson, neighbor on north, objected to multi -family possibilities only. G MINUTES OF A PLANNING COMMISSION MFETING HELD MAY 8, 1978 - PAGE 2 This detailed information includes: PUBLIC HEARING 1. Soil tests indicating adequate capability for LLOYD KELLEY waste disposal. SUBDIVISION 2. Revised plan should show exact dimensions of 85 South Brown Rd. lots and include location of present structures (#372 Continued) and their distance from the lot line. 3. The private road should be indicated as an outlet. 4. An easement over that road (50' width) should be granted for future use of the City 5. This project should be subject to the Park Dedication Fee. There was concern regarding the location of the road and its relationship to the marsh area. Prior to final approval it will be required that the applicant make a firm presentation of how the road will be constructed and not interfere with the character of the marsh. Approval is contingent upon acceptable resolution of the marsh area questions. Jim Olson also stated that a topographic drainage plan with contours will be required. Tom Frahm seconded the motion. Unanimously approved. Applicant John Swanson was present at the meeting. ✓ JOHN SWANSON He is applying for a conditional use permit to ?"9s2M Casco Point Rd. coi.struct two additional living quarters as guest CONDITIONAL USE houses. At the last meeting the Planning Commission (A377) recommended that the applicant bring in new plans showing an addition rather than two additional units. Applicant presented plans showing an addition to the existing house without separate kitchen facilities or entrances. Planning Commission reviewed the plans and addressed whether variances were required for the proposed addition. Gregg Hannah made the following motion: That it be approved based on the fact that this is an addition to a single family dwelling and that the variance is required because 80% of the lot width requirement is met and because the new downstairs walkout addition will continue the house line which is 9' from the lot line. Motion seconded by Hammerel. Motion carried. VILLAS- C' , ::ICNO 377 J77jr&, �W�,�-rne"'' -�-.�'�'`Y/�{ ir-"ti.GL�-mac-( R�=-.t.,c 0., c!-,..`l' /y •?rid x rw-�xa—.a.t. REGULAR MEETING OF THE ORONO COUNCIL, JUNE 's 1978 Page 20 Planning Commission Meeting - May 22, 1978 Lowell Sitzloff and Lou Beasley were present for the applicants. They indicated that they had a valid purchase agreement and that prior agreements had been withdrawn. Their proposed use would be for normal church functions of a congregation of 42 families (106 people), approximately 1/5 of the size of the existing church. No day care center or other unusual use is contemplated. Planning Commission recommended approval of the conditional use permit transfer. Council Meeting - June 15, 1978 Mayor Van Neat moved, Butler seconded, to approve the conditional use permit transfer for the Grace Baptist Church, 2380 Shadywood Roar'.. Motion, Ayes (4) - Nays (0). CONDITIONAL USE PRRMIT 2380 Shadywood Road (Continued) Mr. Alan Olson, City Planner, entered into the ----.^- T record the following request of John Swanson, L 2795 Casco Point Road 2795 Casco Point Road, for a conditional use --l977 permit, dated April 18, 1978, which states: John Swanson Exhibit A - Application for approval of conditional use permit to add two more residential units to existing residence to be used as guest houses for the families of both man and wife of subject household. The walkout b.irement would be expanded a*1 remodeled as a separaie residential unit for one of the families and the second unit would be added above a proposed double garage to be attached to the house. Exhibit B - Survey of subject property indicating lot dimensions, location of existing structures and proposed necessary additions to provide for two additional residential units. The property is located in an LR-IC zoning district. (1/2 acre or 21,760 sq. ft. area and 100 ft. lot width required) The subject lot meets lot area requirement and 80% of lot width requirement. Property is sewered and assessed for one unit. Exhibit C - Section of plat map indicating location of subject property. Applicant has submitted one set of plans for projected renovation if proposal is approved. (continued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 21 Approval of this proposal would require the CONDITIONAL USE PERMIT following: 2795 Casco Point Road (Continued) 1. Conditional use permit approval for two additional units to be used as guest houses 2. Sewer unit charges should be addressed Planning Commission Meeting - April 24, 1978 Mr. Swanson was present and explained his application that would include the creation of two new apart- ments off an existing house, a mother-in-law apartment in the basement of the house and a separate apartment over an attached dougle garage for his mother and father to live in for a part of the year. Each apartment, as well. as the existing house, would have separate kitchen and bath facilities so you would, in effect, have a triplex if his proposal were approved. The Planning Commission was concerned with the effect of building an apartment unit in a single family zoning district, and noted that the guest house requirements would require a lot size variance because each separate guest house by the ordinance is required to have all the requirements of a single family house on each lot. In this case, the lot is large enough for one unit, not three units. Dick Hassel recommended review of the plans and redesign to accommodate the guests without separate facilities or separage entrances. Gregg Hannah also suggested separate wings would be all right if the access were through the house and not from an outside access. The Planning Commission suggested that if the house were redesigned to allow for this, a conditional use permit may not even be necessary and only an addition would have to be considered .or the house. Planning Commission Meeting - May 8, 1978 Applicant John Swanson was present. Mr. Gaffron stated that applicant was directed by Planning Commission to bring in new plans showing an addition rather than two additional units. Applicant presented plans showing an addition to existing house without separate kitchen facilities. Planning Commission reviewed the plans and addressed whether variances were required for the proposed addition. Motion by Hannah and seconded by Hammerel to approve the proposal as an addition to a single family dwelling, approve variance of 20% of lot width requirement, with provision that extension to the west does not further encroach on present side setback. Motion carried. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 22 Staff Note - May 16, 1918 CONDITIONAL USE PERMIT 2795 Casco Point Road The proposed construction plans are too large to (Continued) copy but will be available at the meeting. The two apartments or living areas are accessible only through the main house but each contain separate bathroom facilities and a "wet bar". council may wish to have the applicant sign -off on a resolution to be filed in the chain of title such that these unite are not rentable. Council Meeting - June 15, 1978 Mr. John Swanson, 2795 Casco Point Road, was present to discuss his application commenting that he wants to provide room for his mother-in-law, mother, and father. Mayor Van Nest: You are requesting a multiple dwelling, which is impossible to control which would plague us for years to come. Mr. Roland Price, 2776 Casco Point Road, commented that approval of this would devalue my home. Mr. Ronald Grundeen, 2797 Casco Point Road: I do not want this addition to protrude out in front of my home. Mayor Van Nest: Mr. Swanson needs one acre of land to qualify for guest house. This lot is only 28,000 sq. ft. Mayor Van Nest moved, Pesek seconded, to table the request for a conditional use permit of John Swanson, 2795 Casco Point Road, for further staff review. Motion, Ayes (4) - Nays (0). Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION l906 Resolution t906, A Resolution Approving A Sub- Conley Brooks Division division For Conley Brooks. Motion, Ayes (4) - Nays (0). Mr. Alan Olson, City Planner, entered into the VARIANCE record the request for a variance of Jack Safar, 925 Partenwood Road 925 Partenwood Road, dated April 20, 1978, which l381 states: Jack Safar The applicant is requesting a variance for con- struction of a private dock on Outlot A of the Partenwood subdivision. Mr. Safar has n.ade an offer on Lot 1, Block 3 upon which he intends to erect a home. (Continued) C Ountrol No. 377 Haw Bm 99eCryetel Bey, Minneeote&We Municipal Omer Telephone 473-7357 _ Variance - XX Conditional Use Permit Mr. Joj:a Swanson _ Subdivision, Prelim. 2795 Casco Point Road _ Subdivision, Final Wayzata, Minnesota 55391 _ Date of Notice 6-16-78 NOTICE OF CITY COUNCIL ACTION Date of Meeting: June 15, 1978 Votess 4 For 0 Against Abstention Action: _ Approval: As submitted subject to applicable ordinance requirements Approval: Subject to conditions noted 7IX Deferral: Pending receipt of information noted _ Referral: Review by others, as noted _ Denial: For reasons noted NOTES 3 SPECIAL CONDITIONS: Applicant requested to revise survey to show location of adjoining houses on north and south of this lot for purposes of lakeshore setback review. Applicant requested to redesign plan for single family occupancy. Deadlines:_ Variance approval expires one year after the meeting date. Contact building inspector for required permits. Conditional Use Approval _Must be renewed annually. Expires on Must be renewed upon change in ownership or use. _ Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. XX Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specified by Council. If you desire certified copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 29 Massengale moved, Butler seconded, to approve ASSISTANT ZONING the advertising for an Assistant Zoning Adminis- ADMINISTRATOR trator. Motion, Ayes (5) - Nays (0). Butler moved, Massengale seconded, to accept the Summary of Receipts, Disbursements and Balances for April, 1978. Motion, Ayes (5) - Nays (0). Mayor Van Nest moved, Butler seconded, to accept the Summary of Receipts, Disbursements and Balances for the four nonths ended April 30, 1978. Motion, Ayes (5) - Nays (0). Mayor Van Nest announced that the new Council meeting schedule will begin at the next regular meeting on Tuesday, July 11, 1978 at 7:00 P.M. Butler moved, Mayor Van Nest seconded, to close the City offices on Monday, July 3, 1978. Motion, Ayes (5) - Nays (0). SUMMARY OF RECEIPTS, April 1978 SUMMARY OF RECEIPTS, e First Four Months 1978 JULY 11, 1978 Next Council meeting CLOSE OFFICES July 3, 1978 Mr. Ed Johnston, 1340 North Arm Drive, requested 3P.NER ASSESSMENTS the City Council to reconsider their previous 1340 North Arm Drive action allowing the sewer assessments to be #379 split and paid when property is sold. Ed Johnston Mayor Van Nest moved, Butler seconded, to reconsider the motion concerning the above request of Ed Johnston, 1340 North Arm Drive. Motion, Ayes (5) - Nays (0). Mayor Van Nest moved, Butler seconded, to split the sewer assessment allowing them to be paid when property is sold per the request of Ed Johnston, 1340 North Arm Drive. Notion, Ayes (5) - Nays (0). Mr. John Swanson, 2795 Casco Point: Road, was present to discuss his request for a variance Paurus moved, Butler seconded, to table the variance request of John Swanson, 2795 Casco Point Road, for additional information to include: 1. Show expansion 2. Show square footage before and after Motion, Ayes (5) - Nays (0). VARIANCE 795 Casco Point Road John Swanson CITY of ORONO Oma Box 66eCryH l Hey, Minnw 5=•Munidwl Oman Teleohone 473-7357 Mr. John Swanson 2795 Casco Point Road Wayzata, Minnesota 55391 ' NOTICE OF CITY COUNCIL ACTION Date of Meeting: June 29, 1978 Votes: 5 For ��Againat Control No. 377 R variance X Conditional Use Permit Subdivision, Prelim. _ Subdivision, Final Abstention Date of Notice Action: _ Approval: As submitted subject to applicable ordinance requirements _ Approval: Subject to conditions noted ,C Deferral: Pending receipt of information noted _ Referral: Review by others, as noted Denial: For reasons noted NOTES & SPECIAL CONDITIONS: 1 Staff review required. 2. Applicant to show proposed addition and building setbacks on survey. 3. Neighbors to be notified by City. Deadline for July 11 1978 agenda is July 5, 1978. Deadlines:_ Variance approval expires one year after the meeting date. Contact building inspector for required permits. _ Conditional Use Approval _Must be renewed annually. Expires on _Must be renewed upon change in ownership or use. _ Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. _ Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specified by Council. If you desire certificd copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. (zn��-�/)rs July 1I. I878 }� � 'I I I, Fona�d J. uruadeside at i'787 Casco Pt, Foal, ( South side of the John Swanson home.) I have the following otjectiona to his proposed building plans. Pogretfully, I am unable to attend the Council Meeting this evoking. My first concern is that the structures on the &&joining lots (Lakeside), be as no&i in line as possible so as r.ot to restrict the visa of =flsat the future resole vaiuo. I feel that both of the adjoining structures are already behind the &wenson residence. I,would also like to to sesured that this remains a •angle family area, and that this dose not become a rontai unit. This posslbilty could occur should the f&.:.ily msmter become deceased. Thank You, _ Ronald and Joy urundeen C�Z,4 -,—/ • CITY OF ORONO Regular Meeting of the Orono Council, 7:02 P.M. July 11, i978 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, Massengale, Paurus, and Pesek. Also present: City Administrator Benson, City Planner Olson, City Attorney Malkerson, and City Engineer Olson. Butler moved, Massengale seconded, to approve the MINUTES Minutes of the Reqular Meeting of June 15, 1978, with pages 6, 9, 53, 6 54 amended. Motion, Ayes (5) - Nays (0). No comments from the Park Commission. PARK COMMISSION No comments from the Planning Commission. PLANNING COMMISSION Councilnember Paurus, Orono' representative LMCD REPORT to the Lake Minnetonka Couz-rvation District, discussed the LI4CD meeting held with the DIIR to discuss their rules and regulations concern- ing tsarinas. Mr. Alan Olson, City Planner, entered into the record the variance request of John Swanson, e2795 Casco Point Road 2795 Casco Point Road, dated June 29, 1978, fill which states: John Swanson fir. Swanson was present with revised plans and a more detailed survey for consideration. Action was deferred because staff had not had time to review the changes and there had been ro time to notify the concerned neighbors. The work as proposed now includes a basement extension which projects beyond the average lakeshore setback of the nei.�hborinq houses but which extension is essentially below ground level presenting no view barrier. Variance 34.201 - Average setback, existing house extends 12 ft. beyond, proposal extends to 32 ft. beyond Possible Hardship: Grade stabilization of exist- ing downslope for erosion and drainage ..ontrol. Variance 34.552 - Side setback, existing setback 9 ft., setback at end of addition 8+ ft., required setback 10 ft., variance 2 ft. = 20% (Continued) ..I REGULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1978 Possible Hardship: Extends.existing house line. The garage/sleeping area has been redesigned and relocated. No variances required on this portion of the work. Lot Specifications: Lot Area: 34,500 sq. ft. = 0.79 acre Lot Width: 84.3 ft. road/100 ft. lake/92 ft. average Hardcover: Within 75 ft.: 7,125 sq. ft. lot 400 sq. ft. hardcover = 5.6% Variance: 34.202 (existing) Page 2 VARIANCE 2795 Casco Point Road (Continued) . 75 ft. - 250 ft.: 16,100 sq. ft. lot 1,350 sq. ft. existing house = 1.4% 500 sq. ft. basement addtn. = 3.1% 150 sq. ft. basement deck = 0.9% 850 eq. ft. garage addtn. = 5.3% 2,850 sq. ft. total 17.7% Allowable = 25% - no variance required 250 ft. - road: 11,275 sq. ft. lot 480 sq. ft. existing garage = 4.2% allowable = 35% - no variance required Total lot: 3,730 sq. ft. hardcover = 10.8% Summary: Variances required for basement addition: 34.552 side setback and 34.201 average setback. Council Meeting - July 11, 1978 Mayor Van Nest read into the record Mr. Ronald J. Grundeen's, 2797 Casco Point Road, letter dated July 11, 1978, which states: "I, Ronald J. Grundeen,reside at 2797 Casco Point Road. (South side of the John Swanson home.) I have the following objections to his proposed building plans. Regretfully, I am unable to attend the Council Meeting this evening. My first concern is that the structures on the adjoining lots (lakeside), be as near in line as possible so as not to restrict the view or affect the future resale value. I feel that both of the adjoining structures are already behind the Swanson residence. I would also like to be assured that this remains a single family area, and that this does not become a rental unit. This possibility could occur should the family members become deceased. Thank you." Ronald 6 Joy Grundeen (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 3 Mayor Vdn Nest: The entire plat has been revised VARIANCE and resubmitted. The new proposal eliminates basic 2795 Casco Point Road concerns on the part of the neighbors. (Continued) , Paurus moved, Butler seconded, to conceptually approve the request of John Swanson, 2795 Casco Point Road, for variances to lakeshore average setback and side setback directing staff to submit a resolution for review at the July 25, 1978 Council meeting, expressing the following concerns: 1. Multi -uses 2. Vertical expansion of basement walkout 3. Not to disturb slope 4. Future expansion not to be allowed S. All conditions to be included in the chain of title Motion, Ayes (5) - Nays (0). Pesek moved, Butler seconded, to adopt Resolution RESOLUTION #917 #917, A Resolution Approving Volk Johnston Addition, Volk Johnston Addition 1340 North Arm Drive. Motion, Ayes (5) - Nays (0). 1340 North Arm Drive Mr. Alan Olson, City Planner, entered into the record the request of Russell L. Wenkstern, 645 North Arm Drive, dated May 17, 1978, which states: Applicant has an existing residence on a one -acre lot in the RR-1B two -acre zone. He proposes to add 0.22 acre from the adjacent golf course property. This will better the existing situation but is still shy of the required two acres in this zone. There is a sewer stub from '_he 73-1 project provided for this house, but the property was not assessed and has not been connected. Planning Commission Meeting - May 220 1978 Sketch Plan Review - Owner's attorney, Roger Reed, was present. Planning Commission was tole that proposal is made to retain all of developed yard area with home when it is sold. Planning Commission discussed requiring either two acres minimum as required in RR-1B zone or requiring sewer connection. The City is to inspect the existing on -site system. Staff Note - May 23, 1978 Received a call from Mr. Reed stating that the owner would prefer sewer hookup (including assessment) over the two acre minimum lot alternate. Public information meeting scheduled for June 26, 1978 at 7:40 P.M. SUBDIVISION 645 North Arm Drive #383 Russell Wenkstern (Continued) B. m•Cu"ms.►mm. W=.mm1*d ems1'.Yeh 473-7367 Mr. John Swanson 2793 Casco Point Road Wayzata, Minnesota 55391 NOTICE OF CITY COUNCIL ACTION Date of Meeting: July 11, 1978 "•F1 Control No. 377 % Variance _ Conditional Use Permit Subdivision, Prelim. _ Subdivision, Final Date of Notice 7- -7 votes: 5 For O Against Abstention Action: _ Approval: As submitted subject to applicable ordinance requirement Approval: Subject to conditions noted -I- Deferral: Pending receipt of information noted Referral: Review by others, as noted _ Denial: For reasons noted NOTES & SPECIAL CONDITIONS: Council conceptually approved variances for Lakeshore average setback and side setback with concerns expressed regarding possible future multiple family occupancy. Staff directed to draft a resolution for review at the July 25, 1978 Please allow at least one week for construction plan review. They may be submitted for review prior to July 25, 1978. Deadlines:_ Variance approval expires one year after the meeting date. Contact building inspector for required permits. _ Conditional Use Approval Must be renewed annually. _Expires on _Must be renewed upon change in ownership or use. _ Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. _ Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specified by Council. If you de -ire certified copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. Telephmn 473-7357 CITY of ORONO Pant ()film Boa M*CIYnlal B-Y, Minnewta W23• Municipal Oftitau On the North Shore of Lake Minnetonka July 20, 1978 Mr. John Swanson 2795 Casco Point Road Wayzata, Minnesota -55391 Re: #377 Variance Application Dear Mr. Swanson: Enclosed is a draft of the resolution which will be presented for City Council approval at their meeting on Tuesday, July 25, 1978. Please review the resolution, and if you are in agreement, please complete the endorsement on the back page The resolution must be signed by yourself, your wife, and any other person(s) with Interest in the property. (The County list identifies a Mr. Charles A. Davis.) Sincerely, A an P. Olson Village Planner A PO:kh Enc cc: Mr. Bruce Malkerson REGULAR 14BETI11G OF THE ORONO COUNCIL, JULY 25, 1979 Page 13 Planning Commission might be concerned with resub- SUBDIVISION division possibilities of the larger parcel. The 2625 Fox Street staff will review the existing septic system but (Continued) site evaluation is not required on the larger parcel as it exceeds the five acres. A public information meeting should be scheduled. Planning Commission Meeting - June 12, 1978 (Work Session) Staff Note - June 20, 1978: The north "wet" area noted on the survey is a small area of approximately 1/4 acre. As such, it does not show up on the designated wet lands map. The proposal has been changed slightly to provide a 30' side setback for the existing garage per the attached survey dated June 20, 1978. Planning Commission Meeting - July 10, 1978 Public information meeting: Mr. Rumlin was present. After discussion, Planninq Commission recommended preliminary approval per survey dated June 20, 1978. Report on existing septic system is pending. ouncil Meeting - July 25, 1978 Mr. Jim Olson, City Engineer, stated that there was no problem with the septic system. Mayor Van Nest moved, Massengale seconded, hn approve the preliminary subdivision request of Dennis Rtm•.lin, 2625 Fox Street. fiction, Ayes (4) - Nays (0). Mrs. Swanson, 2975 Casco Po nt Road, was present V CONDITIONAL USE PERMIT concerning her request for a conditional use 2B Casco Point Road permit. No neighbors were present. #377 - John Swanson Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #923 #923, A Resolution Denying A Guest House Conditional 2705 Casco Point Road Use Permit But Approving Certain Variances For John Swanson John Swanson, 2795 Casco Point Road. Motion, Ayes (4) - Nays (0). Mr. Gunnar Isberg and Mr. Robert Chelseth of CITY PLANNING SERVICES Isberg, Riesenberg, Chelseth 6 Associates, Inc. Gunnar Isbert 3 were present to discuss their p-,posed contract Robert Chelseth for professional planning servifor the City of Orono. (Continued) RESOLUTION NO. 923 A RESOLUTION DENYING A GUEST HOUSE CONDITIONAL USE PERMIT BUT APPROVING CERTAIN VARIANCES FOR JOHN SWANSON WHEREAS, the• City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zoning regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Guest House Conditional Use Permit, by Johr Swanson, of 2795 Casco Point Road; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby makes the following findings of fact: 1. That on April 10, 1978, Mr. John Swanson applied for a Guest House Conditional Use Permit for "two additional residential units for living quarters of families of both Mr. and Mrs. Swanson". 2. That plans submitted with the application show two additions to the existing single family home: one apartment in an expanded basement area and one apartment over a new garage. 3. That the Swanson home, 2795 Casco Point Road, Lot 129 and S1/2 of Lot 130, Spring Park Addition, is in the LR-IC single family lakeshore residential zoning district. 4. That the LR-lC zone, Section 34.552 of the Orono Zoning Code, requires at least 1/2 acre (21,780 s.£.) of area for each residential unit. 5. That the Swanson lot contains .79 acre (34,500 s.f.). 6. That Section 34.027 of the Orono Zoning Code provides for Guest Houses as a conditional use in residential zones providing "all regular lot requirements shall be met". 7. That on several occasions, neighboring property owners have appeared before the City Council objecting to additional living units on the Swanson house. Resolution No. Page 2 8. That pursuant to review by the P1arning,Commission on April 24, 1978 and May 8, 1978, and review by the City Council on June 15, 1978 and June 29, 1978, Mr. S.:nson revised his construction plans to omit separate kitchen and bathroom facilities in the additions and providing instead a bedroom addition over the garage and an amusement room addition in the basement. 9. That the garage addition as revised meets all the performance standards of the Orono Zoning Code. 10. That the basement addition as revised does require variances from two provisions of the Orono Zoning Code: a) The addition further encroaches a substandard side lot setback. Section 34.552 requires a side setback of 10.0 ft. The existing setback is 9.0 ft, The proposed setback is 8.7 ft. following existing line of the house. Variance required 1,3 ft. - 13%. b) The addition further encroaches the lakeshore setback ahead of the two adjacent houses. Section 34.201 prohibits construction closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. The existing Swanson house is 15 ft. foreward of a line between the adjacent houses. The proposed addition is 21 ft. foreward of the same line. Variance required: 5 ft. 11. That the proposed basement addition is almost entirely below the grade of the adjoining lots and will not obstruct the view of the lakeshore from the adjoining houses. 12. That a hardship exists in that there is an existing unstable slope leading to a walkout basement in the area of the proposed basement addition, and that the addition will have the effect of retaining and stabilizing this slope without causing any new slope problem. Resolution No. Page 3 AND BE IT FURTHERMORE RESOLVED, that based upon the above findings of fact, the City Council of the City of Orono hereby denys the request for a Guest House Conditional Use Permit and hereby approves a side yard setback variance of 1.3 ft. and an average lakeshore setback variance of 21 ft. subject to the following conditions: 1. The proposed basement addition shall never be expanded vertically beyond what is shown on Mr. Swanson's drawings received by the City on June 29, 1978 (excluding unenclosed decks shown thereon). 2. The proposed basement and over -garage additions are additions to single-family residential living space only and may never be used for nor converted for rental use in violation of applicable Orono Zoning Code requirements. 3. The applicant shall review and approve this resolution, which approval shall be indicated by endorsement hereon by Mr. and Mrs. Swanson and all other persons with legal or equitable interest in the property. 4. The City shall cause an original copy of this resolution to be filed in the chain of title of the property within thirty (30) days of the approval of this resolution by the City Council. Dated this 1.5 L day of /, , 19 78- . y William B. Va st, Mayor ATTEST: AC 'Walter R. n n, Clerk/Adm in is[rator STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City'Council of the City of Orono on Julv 25 , 1978, approving certain variances and denyfng Guest Houae Conditional Use Permit on file in the office of the City Clerk/Administrator, City of Orono. C-LJ Walter enson, C erk nistrator Dated this 25 day of July 1978 (Seal) Telephone 473.7357 CITY of ORONO Post Omce Boa 66e Crystal say, Minnesota 55323• Municipal 07css On the North Shore of Lake Minnetonka July 27, 1978 Mr. Bruce D. Malkerson Attornry 4344 IDS Building Minneapolis, Minnesota 55402 Re: #377 Variance, John Swanson Resolution No. 923 Dear Bruce: Attached is an original copy of Resolution No. 923 which the City is to file in the chain of title of Mr. Swanson's property legally described as follows: District 38, Plat 43300, Parcel 5573, Lct 129 6 S-1/2 of Lot 130, Spring Park. Please see that this filing is accomplished. Sincerely, i 'A ann P. Olson Village Planner APO:kh Enc