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Home My WebLink AboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 2034 NOTICE OF COUNCIL ACTION Date of Notice: July 26, 1995 ----------------------------------------------------------------- TO: Mary and Gene Zulk 1400 Cherry Place Mound, MN 55364 ----------------------------------------------------- TYPE OF APPLICATION: Variances ----------------------------------------------------------------- DATE OF MEETING: July 24, 1995 VOTE: 4 FOR 0 AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: Council approved your variance application subject to new structure being held at 212 s.f. for a structural coverage increase of 1. 8 % . Total hardcover within the 75-250' setback area is now amended at 3,949 s.f. or 49% for a total decrease of 13 s.f. or 0.1 %. The resolution has been amended to reflect these changes. Please arrange to sign the three original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Per our recent phone conversation, staff will allow a building permit to be issued with just your signature, Mrs. Zulk, as we understand Mr. Zulk will be out of town because of his mother's illness. Once again, if you need assistance in preparing the amended building plans for the deck, please contact Lyle Oman at the City offices. 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 the date of approval. A building permit application must be submitted no later than July 24, 1996. Please contact my office if you have any further questions concerning the review of your application. lsv MINUTES OF THE REGULAR ORONO CITY COUNCIL 1\-fEETING HELD ON JULY 24 , 1995 ZONING ADMINISTRATOR'S REPORT (#3) #2005 SAILORS WORLD MARINA AND BOAT CLUB, 1955 SHORELINE DRIVE -CONDffiONAL USE PERMIT -RESOLUTION #3582 Hurr questioned the delay of the landscape installation at the marina and inquired of the final date for the installation. Mabusth said DeSantis thought the landscaping should be completed by the end of the season . The marina is currently removing pollutants found on the property . A concern is with continued pollution leaking onto the property from the gas station at 1960 Shoreline Drive. Mabusth said DeSantis is doing his part in the pollution removal but it has been difficult to locate a person responsible for the pollution from the gas station. Hurr asked that the Council see the landscape project completed prior to next spring. Mabusth recommended the end of the full for a status report. Hurr said she was concerned with boat storage getting in the way of completion of the landscape plan at the end of the season . _ Jabbour asked Staff that the resolution reference both businesses, Sailors World and the :Minnetonka Art Center, regarding the sharing of parking stalls . Jabbour would like to see both businesses revisited at the same time so a proper count can be taken. Callahan reiterated the policy of off-site parking should have never been started. Hurr moved, Goetten seconded, to approve Resolution #3 5 82 with a status report on the landscape plan by September 15 , 1995 . Ayes 4, Nays 0, Abstain 1, Jabbour abstain . (•#4) #2025 MICHAEL PLA~ 4115/4145 WATERTOWN ROAD-VACATION OF DRAINAGE & UTILITY EASEMENT -RESOLUTION #3583 Goetten moved, Jabbour seconded , to approve Resolution #3583 for the vacation of drainage and utility easement . Ayes 5 , Nays 0. (•#5) #2026 NEW HORIZON CHTT ,D CARE , 875 WAYZATA BOULEVARD- VARIANCES -RESOLUTION #3584 . Goetten moved, Jabbour seconded, to approve Resolution #3584 . Ayes 5, Nays 0. (#6) #2034 1\fARY & GENE Z~ 1400 CHERRY PLACE -VARIAN CE - RESO UTION #3585 Mr. & Mrs. Zulk were present. 2 l\UNUTES OF THE REGULAR ORONO CITY COUNCIL 1\'lEETING HELD ON JULY 24, 1995 (#6 -Mary & Gene Zulk -Continued) Mabusth reported that the application is for a 1 Ox26' covered deck addition to the street side of the residence. No setback variances are required. There is an increases in lot coverage and 48 s.f. of additional hardcover. 175 s.f of stone patio will be removed. The Planning Commission said they did not wish to see applications unless additional hardcover is removed. Mabusth said the improvement is the least amount to make the best use of the lot. The allowed structural coverage is 15%, or 1711 s.f, and exists at 17.6 and proposed at 19.9%. Mabusth confirmed that the increase in hardcover results from a structural improvement, while the removal of stone patio is not structural hardcover. Callahan said several recent applications address this issue of exceeding the lot coverage and hardcover limits. According to the code, Callahan said a real hardship must be demonstrated in order to exceed the allowable structural coverage; adding that eliminating flower beds to enable additional structure does not fit the comprehensive plan's intent. The non-structural shou!q. have no bearing on structural. Callahan asked that Staff and the Planning Commission to adhere to the policy. Mabusth said the Planning Commission does look at reducing hardcover. In this case, the commission knew they were dealing with a substandard lot and looked at where removal could be accomplished. Hurr said if the deck were reduced in width to 8' instead of the 1 O' requested, this would satisfy the hardship and enable the applicant to still receive what they desire, and would result in no gain of hardcover. The applicant said he would prefer the 10' width adding that the lot is small, and he has been unable to obtain any additional land. The neighbors are said to be aware of the project as well as supportive ofit. Zulk said the addition fits the house and the neighborhood and will allow safe access to two doors. A,.n elderly relative is living at the home. Zulk commented that the Planning Commission had said no more hardcover would be allowed on the property without existing structure removed, and he has no intention of doing so. Hurr said the safety issue does not relate to the porch itself It was also added that the applicant was aware of the substandard size of the lot when he purchased the property. Hurr said a hardship would be not to have access that was safe. Kelley added that this still does not speak to the issues brought up by :Mayor Callahan. If the structural hardcover is allowed, the hardcover would still be over the limits even if reduced. 3 MThtJTES OF THE REGULAR ORONO CfIT COUNCIL I\1EETING HELD ON JULY 24, 1995 (#6 -Mary & Gene Zulk Continued) Goetten said a safe access is necessary but there is twice the amount of hardcover located in the 75-250' zone than allowed. An option was to make changes allowing the applicant to refigure the hardcover in ways that would allow it to meet the requirements. Zulk said they had waited a long time for the porch and feel it is important. Goetten said if no new net increases were made, then it would be satisfactory. Zulk responded that there was not much hardcover with a small sidewalk and elevated parking area and had carefully considered the porch and how it would fit into the lot and neighborhood. Jabbour said Zulk should make the choice between decreasing the porch width 2' or re-figuring the hardcover to not exceed the maximum allowed. Jabbour added that if Zulk did not make the choice, someone else would do it for him. Hurr said she would prefer a reduction in the porch width while Goeteen would okay whatever would meet the standard. Jabbour commented that the Council a;; a body should commit to not diverting from the policies. Concern was voiced over the trading of illegal non-conforming hardcover for new structure, and trading possibly newly made non-structural hardcover to gain structural hardcover. Hurr was concerned that the Council did not have a handle on the driveway situation with no policies regarding ensuring newly installed driveways do not exceed hardcover limits. Callahan moved, Hurr seconded, to approve Resolution #3585 on the condition that the deck be limited to a size 48 s.f less than proposed. Ayes 5, Nays 0. Callahan commented that the Council needs to control structural coverage, but not by balancing hardcover. Zulk asked if this was to begin tonight with his application. Zulk was informed that the policy has been in place and did not begin with this application. Discussion was had on the inability to distinguish between legal and illegal non conforming hardcover and structura1'non-structural hardcover in the codes. Callahan said there were two policies in place. There is a policy on lot coverage, and there is a policy that no hardcover is allowed within 75' of the lake, either structural or non structural. This hardcover, according to Callahan, should be removed under all circumstances. Mabusth questioned if there was enough area to support the structural or non-structural hardcover, and if it does not exceed the hardcover percentages, would the City ask the home owner to remove it. Callahan again referred to the two policies. If there was illegal, non-structural hardcover, it should be removed. Callahan said the Planning Commission was not adhering to these policies citing how removal of plastic underlaymefl4 which should not be there in the first place, is counted as removal towards the excess hardcover. 4 i\-llNUTES OF THE REGULAR ORONO CITY COUNCIL ilIEETmG HELD ON JULY 24, 1995 (#6 -Mary & Gene Zulk -Continued) Callahan said the City could require hardcover removal without an application in process. If the City were to enforce their policies, Callahan said homeowners could be asked to remove hardcover where it is not permitted. Hurr commented that permits are not required for driveway and creates a catch 22 situation. Jabbour said plastic and rock could be added prior to an application and survey and then used as a trade off for new structure. The total existing hardcover shouid be compared to the total proposed oriJy according to Jabbour. Mabusth asked if the Council would like to see the non-structural hardcover in the hardcover analysis. The problem v.rith this is the lack ofrecords of illegal hardcover which did not go through the application process. This was considered to be unenforceable '.\.ithout permits. Gaffron said the City is the agency that grants the hardcover variances. Ifthere is no good reason to grant a hardcover vari;:µice, then it should not be granted. Further, the structural/non-structural policy and other hardcover policies should be written into a policy resolution or code. Gaffron said lot coverage and hardcover are separate issues. Callahan suggested policies be written separately for the two. The definition of structure was read. Callahan concluded that both circumstances oflot coverage and hardcover might add structure to a resident and should focus on triis. Moorse said Staff will investigate this further. Hurr commented that the code does not allow for any plastic or fabric under rock, and this also sI10uld not be permitted. MAYOR/COUNCIL REPORT Callahan inquired of the maintenance project closing off CoRd 15 in the Minnetonka Beach area. Long delays were noted and rerouting of traffic was suggested to CoRd 51. Callahan noted that all Council members have had the opportunity to attend meetings concerning the potential provision of sewer service to various City neighborhoods with Hurr attending a meeting scheduled for July 27. Gaffion was commended for his outstanding presentations and his excellent efforts in conducting the neighborhood meetings. Callahan reported on the LMCD Budget Meeting coming up. The City has written a letter voi\.,-ing their disapproval of the LMCD budget. Moorse and Jabbour will be attending the meeting and making a presentation. Other Cities have been notified of Orono's viewpoint. 5 CITY of ORONO July 19, 1995 Mr. and Mrs. Gene Zulk 1400 Cherry Place Mound, MN 5364 Dear Mr. and Mrs. Zulk: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323·0066 The enclosed approval resolution will be presented for Council's formal action at their July 24, 1995 meeting. You are asked to review the findings and conditions of the resolution and to contact staff prior to the meeting if you have any questions. Sincerely, (). ~yv;,t,L t1 /11 ~ Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv Telephone (612) 473-7357 • FAX 473-0510 REQUEST FOR COUNCIL ACTION DATE: July 19, 1995 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Jeanne A. Mabusth Zoning Title Building & Zoning Administrator Item Description: #2034 Mary and Gene Zulk, 1400 Cherry Place -Variances -Resolution Zoning District: LR-lC Total lot area = 11,404 s .f. Brief Review of Application Please review the enclosed staff memo of July 10, 1995 for more detail on this review. The application involves a request to install a 10' x 26.3' covered deck addition to the street side of the residence. No setback variances are required. The improvement will result in a structural coverage increase of263 s.f. or 2.3%. Structural coverage exists at 17.6% and is proposed at 19.9% (allowed 15%). The original proposal also called for a hardcover increase of 213 s. f. or 2. 64 % . Hardcover exists at 3,962 s.f. or 49.2% and was proposed at 51.8%. Planning Commission members asked for the removal of an additional 175 s.f. of stone patio area to the north side of the residence reducing hardcover to 4,000 s.f. or 49.6%. Hardcover would now be increased only 48 s .f. or 0.5 % . Hardcover is amended as follows: 75-250' setback area = 8,059 s.f. Allowed = 2,015 s.f. or 25% Existing = 3,962 s.f. or 49.2% ~,.JA ~~ Original proposal = 4,175 s.f. or 51.8% P-_ Lt/'-err-I Amended proposal = 4,000 s.f. or 49 .6% 0 Hardcover increase = 48 s.f. or 0.5% (original 213 s.f. or 2.64%) Variance = 1,985 s.f. or 24.6% With the intent to reduce hardcover and structural coverage excesses, the Planning Commission considered all other improvements on the property and found that remaining improvements were not excessive and the majority of improvements were needed to provide reasonable use of this substandard property. The Planning Commission recommended unanimous approval of the application as amended. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission's recommendation. COUNCIL ACTION REQUESTED: To either approve or amend the enclosed approval resolution lsv 1\-fINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 17, 1995 (#4 -##2033 Donald & Arlene Kie11ey -Continued) Rowlette said a side variance presented no problem in her view as the next residence over was a (air distance away . Lindquist moved , Rowlette seconded , to approve Application #2033 -with the condition that all plastic areas be removed as well as the concrete and gravel areas . The removal of the rock on the north side will be dependent on Staff findings concerning drainage . It shall be further noted that this would be the m(Lximwn amount of structural coverage allowed on this property in the future without removal of existing structure. Ayes 4, Nays 0. (#5) #2034 l\tfARY AND GENE ZULK, 1400 CHERRY PLACE -VARIANCES - PUBLIC HEARING 7:51-8:01 P.lH. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Zuik was present. This application is for a 1 Ox26' covered deck addition on the street side. A structural coverage variance is required. Structural coverage exists at 17 .6%, allowed at 15%, and is proposed at 19 .9%, for an increase of 263 s .f, or 2.3%. Mabusth reported that hardcover can be reduced in the 75-250' zone with the removal of a rock patio at northeast side ofresidence of 175 s .f Hardcover exists at 49 .2%, proposed at 51.8%, for an additional 213 s .f, or 2 .64%. No side setback variance is required . Mabusth asked the applicant if there was any existing hardcover areas that could be removed to offset the hardcover amount . Zulk said he had no drainage problems and suggested removal of the stone patio on the northeast side . Lindquist asked about the walkvvay on the north side of the property. This was found to be used to access the lower level. There are stairs to access this level , and Zulk said the sidewalk underneath could be removed, but decking will be placed over this area. Lindquist said, although he was unhappy with additional hardcover, he saw no area where removal could be done to offset the new. Mabusth noted with the removal of the 175 s .f or 2.2% of patio hardcover, there would be an overall reduction in hardcover. This results in less hardcover than originally existed . There were no public comments . Commission asked that a disclaimer be added to the resolution allowing no more structural improvements on this property in the future without removal of existing structures . 5 5. TO: Chair Peterson and Orono Planning Commiss ion Members Ro n Moorse , City Administrator FROM: Jeanne A . Mabusth, Building & Zoning Administrator DATE: July 10 , 1995 SUBJECT: #2034 Mary and Gene Zulk , 1400 Cherry Place -Variances -Public Hearing Zoning District: LR-lC Total lot area= 11 ,404 s.f. Pertinent Ordinances Section 10.03 , Subd. 14 (C) -Review of structural coverage. Total area = 11 ,404 s.f. 1 Allowed = 1 ,711 s .f . or 15% t<t,.6 ° Existing = 2,012 s.f. or 17.6% ~..f,4' 7 Proposed = 2 ,275 s .f. or 19 .9 %· ,__~ ~ l .P. .~ Increase = 263 s . f . m--2. 3 % 'J-l d'" .dai ~ Variance = 564 s.f. or 4.9% (e xisting variance = 301 s.f. or 2.6%) Section 10 .22 , Subd . 2 -Hardcover variance within 75-250 ' setback area 750-250 ' setback area = 8,059 s.f. (note area has been adjusted, applicants' surveyor showed 2 ,015 s .f. total lot are a at 11 ,404 s.f.) Allowed = 215 s.f. or 25% Existing = 3,787 s.f. + *175 s.f. = 3;962 s.f. or 49.2% Proposed = 4,175 s.f. or 51.8 % Hardcover increase = 213 s.f. or 2.64 % Variance = 2,160 s .f. or 26.8 % (existing variance = 1,947 s.f. or 24 .2%) *175 s .f. of nonstructural hardco ve r has been added to existing hardcover improvements , review Exhibit J . Note rock patio area to northeast side of residence. List of Exhibits A -Application B -Applicants ' Addendum C -Request for Review by Council at July 24th Meeting D -Plat Map E -Property Owners ' List F -Hardship Statement G -Neighbors ' Acknowledgmen t Fo rms Hl-2 -Letters from Adjacent Neig hbors in Support of Application Zoning File #2034 July 10, 1995 Page 2 I -Hardcover Inventory 75-250' Setback Area Jl-2 -Survey/Site Plan K -Floor Plan L -Elevation Description of Request Applicants propose a 10'x26.3' covered deck addition to the street side of the residence. The proposed structure will require no setback variances nor is there an encroachment of an average lakeshore setback line. The proposed addition will involve 263 s.f. or 2.3% increase in structural coverage where 17. 6 % exists and only 15 % is allowed. The improvements result in a 213 s.f. or 2.64% increase in hardcover within the 75-250' setback area existing at 49. 2 % and proposed now at 51. 8 % . Statement of Hardships Refer to Exhibit F, applicants note the following: 1. Refer to Exhibit D, applicants note that lots on either side of property are double in area. Proposed structural improvement would have no impact on the adjacent residential properties. Review Exhibits Hl-2, adjacent property owners have submitted letters in support of improvement plan. 2. There is no adjacent land available to acquire. 3. The property is smaller in area than the surrounding lakeshore lots on Cherry Place. Once again refer to Exhibit D, note the majority of surrounding parcels are made up of two lots that are legally combined as a building site. 4. Existing access to residence is inadequate and unsafe. 5. An older member of the applicants' extended family requires a safer and easier method to access structure than what exists today. Issues for Consideration 1. Are there existing or proposed improvements that can be reduced in size? Can stone patio area at northeast side of residence be either removed or reduced in area, existing at 175 s.f. or 2.2%? What other improvements can be considered for removal or reduction? Zoning File #2034 July 10, 1995 Page 3 2. Other issues raised by the Planning Commission. Options of Action To deny, approve or amend the current variance proposed, seek approval of lot coverage and hardcover variances within 75-250'. Any recommendation of approval must include the condition that hardcover improvements scheduled for removal must be completed prior to the footing inspection for the new construction. ch Initial Application Fee $200.00 ($50. 00 per each additional varia Renewal Variance Fee $100 .00 (no change from original application) Variance for non-conforming structures $200 .00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION n Site Address lfoo C he..r-r ~ Yllf-c.-~ Property Identification Number (P.I.D.)QS --117 -2-5 3 s Attach legal description to application if not included on required survey. Date P~ Acquired..i,Jv\ 19 85 (month/year) I (do) ~) also own=---'th"--e'-+'a ..... d-'j-ac-'-e-n_t_p_a-rc_e_ls_o_f-la_n_d_. --------- Present use of property: t--'re sidential __ other (specify) __________ _ Zoning District: Lf?., -I ,.B. APPLICANT Name /J1fo'"j .... G;.n'L Lu...Ljc(__ Address: /I-loo Ch<.et•·1 Pl4c L OWNER (if different than applicant) Name Phone (home) J!../ 7 I -B oo I Phone(work) 4 7 L -0 s f,o City: "(Y/D1,,1r-1d Zip: E:S~~i Phone(home) ---------Phone (work) --------------------------Address: City: Zip: ---------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost$ 7 B oc:, • Describe request in detail: __ ,:;;_cz.._Q...--~--"'-"--=""'-'-~~=-~~------------ ---VARIANCES REQUIRED Lot Area (attach additional sheets if necessary) Lot Width .,,__ Hardcover Setback: Front Side Rear _::__ Lot Coverage Average Lakeshore __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ~~~-~---;:J-.~1------- "" (attach additional sheets if necessary) 7 REQUIRED SUBMITT ALS All of the following information must be submitted by the application deadline date in order for vour application to be considered complete: ~ 1. Completed Application Form 2. _ Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). ~ 3. _ Plat Map (obtained with property owners list). Feb......_ ev,., ..... ,.'\ ~ 4. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½ 11 x ll II for reproduction. ~ _ Topographic survey ( existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½ 11 x 11 11 for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8 1h" x ll 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). ~ 8. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. .--._._, ~9. _ Additional items as may be requested by City staff. HAi2.-c:>c._c:::,"16R C...A.LLUtiAnu,..,S w The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/ or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature 6~ G~ Date 6-I 't -9S- OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 DESCRIPTION OF REQUEST We wish to add an open porch to the road side (main entrance side), of our house. The porch will provide a covered (with a roof), safe entrance to our house and will also to allow us to safely use the side entrance to our house. The side entrance is not safely usable at this time. The porch will run the width of our house and extend around the north side to connect to the existing landing of the side entrance to our house. Please see attached plan/drawing for specific details. June 18, 1995 Ms. Jeanne Mabusth, As a follow-up to our telephone conversation and your suggestion in May, I am requesting to have our variance and permit application reviewed at the July 17 and July 24 meetings. As we discussed in May, I am a high school principal, and my window of opportunity to do the porch closes the 2nd week of August. Your willingness to consider our applications in July is sincerely appreciated. Thank you. Sincerely, Gene Zulk '<T :·:· ·~ . •', ::··• .. : • t:i::: .. ... , ·•:···· •,••··· :····· .. : .. :' ·•. -.... - .. .. . ..... E,(.,y '~/ . ) :..,..,:._) (21 (-', -~-~->; \· . .. ----~r· f '~ ' '\ \~;,;: ~~ ~ j:-...::..c, ':-r.:::i.~•t.;;:J, u ~ V) UJ er r--- -.i r-- <D N 17~' ~53) \ 80 ( 67) ., I I I I I I I I ·- '5 0 (X) ' ---. --.J ,9'.Y I ""r,:.::.-----, :!O 1~(S"'1' c 26) ~ ~ \ "' v-1 1 » \N I" I\ (\J s -· -:::, ~ (i) ~ 3 2~ N ))Q ~- 235 ~ 1 4 N ~ 240 i n ' -', 5 N ( 15) __ (?,, (X) f ' 24 5 -;:; 9.'\ - 161 ( 25) -. 8 9 172 . 71 10 I s:i _.·\31. n l • Ill ~:'(26)211l ' 12 l 1-18 l~2 . 3' I I 72):( I L.5~ i'.:i L DOC R X 36 ,. .,, ~ .J I N \.N I VI v,I (9) ( 7) 199. 9 7 I 4. 15 •EST - -.. ~UN DATE 06/12/95 BATCH 504 PROP ADDR Ol'INER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/AODR PROP ADDR OrlNER NAME TAXPAYER NAME/ADDR PROP ADDR Ol'INER NAME TAXPAYER NAME/AD DR 38 08-111~23 32 0001 01385. CHERRY PL .TR JAMES & M,A JAMES THOMAS R & MARGARET A JAMES · 1385 CHERRY PL MOUND MN ' 55364 38 08-111-23 32· 0023 01390 CHERRY PL T &G BLOUNT TERRY J BLOUNT 1390 CHERRY PL ORONO MN 55364 38 08-117-23 33 0021 01415 CHERRY PL EA.SCHMIDT & CA SCHMIDT E ALLEN SCHMIOT 1415 CHERRY PL S MOUND MN 55364 "38 08-117-23 33 0081 01410 CHERRY PL TO WILBUR &'AT WILBUR THOMAS O & ANNE T WILBUR 1410 CHERRY PL MOUND MN ·55364 HENNEl'IN COUNTY PROl'ERTV INFORMATION SYSTEM, PROPERTY OHNE~S LIST 38 08-117-23 320002 00038 ADDRESS UNASSIGNED .HENNEPIN FORFEITED LAND CITY OF ORONO EXTENTION OF STREET 9/8/80 ST DEED .158924 38 08-117-23 33 0012 01400 CHERRY PL GA ZULK & MT ZULK GENE A & MARY T ZULK 1400 CHERRY PL MOUND MN 55364 38 08-117-23 33 0022 00038 ADDRESS UNASSIGNED E ALLEN AND CAROL A SCHMIDT E ALLEN AND CAROL A SCHMIDT 1415 CHERRY PL S MOUND MN 55364 TOTAL BATCH 504 00010 REPORT NO. PI435401 PAGE 12 .38 08.:.111-23 3,? 0022 01370 CHERRY PL TO NAFSTAD ETAL TO CM NAFSTAD 1370 CHERRY PLACE MOUND MN 55364 ·3s 08-111-23 33 001s· 01430 CHERRY PL JR MARTIN & BJ MARTIN JAMES R & BETSY J MARTIN 1430 CHERRY PL MOUND MN 55364 38 .. 08-117-23 33 0023 01435 CHERRY PL EVANS JOHNSON ETAL EVANS JOHNSON . 1435 CHERRY PLACE MOUND MN 55364 -I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF', . . 9. J _ _ :} DATE6-/3-95BY ~-~~ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS 1. Safety concerns: we currently have a very small concrete steps and landing to the main entrance of our house. Neither the steps or the land has a railing. The steps are very steep with little depth (only two 9 inch steps to the landing). The new porch would have 4 steps to the landing. The current landing is small (38 inches by 58 inches) and allows little room for entering the house especially with grocery bags or other items. There is no place to set anything down while you open the outside door and unlock the inside door. My wife's father, A.B. (BUD) TYLER JR., who is 84 years old lives with us the year around, and has difficulty with the stairs. We leave early in the morning for work, and worry about him leaving and returning from the house on his own to go to senior citizens. We really worry about his getting the door unlocked and maneuvering into the house in the winter (landing is not covered and there is only 12 inches between the door and the edge of the landing). 2. We are unable to safely use the side entrance to our house. The steps leading to the side entrance landing, the railing and the side· entrance landing itself would not meet safety code requirements. We simply don't use it. The new porch would extend around the north corner of the house and connect to the current side entrance landing, and would meet code standards. This would provide us with another safe entrance to our house. 3. Unfortunately, our house is on a smaller lot. We have no chance of purchasing more property on either side of our home. Fortunately, both of our adjacent neighbors have larger lots. 4. Both adjacent neighbors (Terry and Gretchen Blount, Tom and Ann Wilbur) are aware of our request to add a porch, the porch plans/drawing, and the reasons why we want to add the porch. Please see attached letters from Mr. and Mrs. Blount and Mr. and Mrs. Wilbur. Adjacent Property Owners' Acknowledgement Form I (we) ---,lte)lv'~ 0, 1}J1 Ce0(2- [print name(s)] of _ _,_\\l"-'-lO_C~Gtcec-~+-=-p\ __ [print address] - have reviewed the plQj for the proposed improvement or proposed use of the property located at /Y:@ ~ /8e-~lso 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 Ca cil approval. ,.. .. Property Owner Property Owner Date ****************************************************************************** I (we) 1Vrrl S B IO CJVl.f [print name(s)] of l ~c10 Che,r-vV Piace.., [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at J<luv cku,~ pi,,,_<<.i!lso referred to as Land Use Application No. ____ . I (we) unde::d 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 Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 9 JUNE 17, 1995 Orono City Council: We currently reside at i 390 Cherry Place, and are neighbors to Mary and Gene Zulk. We are aware of the Zulk's request to add a covered porch to their home at 1400 Cherry Place. The Zulks have shown us the porch plans and we would support their request for a variance. Mary's father, Bud, lives with the Zulks and we know that they are concerned about his getting into and out of the house safely. Again we would support their request for an variance. Sincerely, JUNE 17, 1995 Orono City Council: Gene and Mary Zulk have informed us of their plans to add a porch to their house. They have shown us the plans and we would approve of their request for a variance. Tom and Ann Wilbur 141 O Cherry Place Mound, MN. 55364 .. i~-......,-V , ---_ ... ____ ....... _... ___ , , . ______ ___, __ .. SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE 0-75' ·--e . A. House 77. 4 Length 8. Garage 22.J X z6,~ Width X X X X 2 2... C. Driveway JE.£ f'/Q/W111{, X D . Sidewalk feE PR~ut,',..;!I E. F. G. X Patio/Deck 4 X X Landscape X Underlain X By Plastic X Other X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A 3 7$7 B PROPOSED HARDCOVER IN ZONE 11 II, 4o4-, X 100 A. House "26.; x _·_,!Jc..:::0,___ __ L~ngth • , Width /,;ef J' ~KI f'TI 11.19 · 5, 'd.ew l)_/___:;'1 __ _ B. Garage X C . Driveway X X D . Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 4-(JOO + B 13 250-500' m-1000· . = lf"ZI S.F. ' = ---,. S.F. = ----S .F. = ---. S.F . = 47/ S.F . = 11-t? S.F. = ~ S .F. = 2~2. S.F . = S.F. = 44-S.F. = S.F. = --S.F. = -S.F. = --S.F. = = = ~ J./2-.S.F. = 50 S.F. = ®,}~: -S.F. = S.F. = S.F. = S.F . S.F . = S.F. = S.F. = ........._ S.F. = -S.F. = S.F . " Ldr / , BLac.K 4., C~YfT.,QL BAY VlEW /IE H /.I. A;. ,rJ 1A' "'"'~ r~ r ./I l,or lil< r/J =; I I? 4 t> 4 S QFT f- I hereby certify that this plan, survey. or report was. SCHOBORG prepared by me or under my direct supervision and that I am ND SURVEYING a duly Registered Lane Surveyor under the laws of the State I NC. of Minnesota. 3 ~ 11 ~-- .: ~fl~ 972 .,.,.,1 8997 Cty. Rd. 13 SE Date: # NF ~/ff£ l=!egistrat_ion No. 14700 ~ Delano. MN 55328 • Book -Pag ~J- ----------- jt./OC {_/7._,t_,,Vk/-r~~ 797-1 (p7. 57 WILLIAM D. SCHOELL 1,u:atSTEREO ClVll. ENQINEEl'I SCHOELL &. MADSON, 1Nt. CARLISLE MADSON ,u:a1 ■T1CREO l.ANO SUl'IVICYOIII MINN. NO. 228 ■ SO. 0A.J( 7BS WIS. NO. «"•• I 7e P'1...0JIIOA NO. ez7t NO. OAK. 8Z3 MONT. NO'. 1818-C ENGINEERS 8: SURVEYORS !10 NINTH AVENUE !IOUTH HO,-l<INS. MINNE!IOTA_ PHONE: ~ 938:760I CERTIFICATE OF SURVEY .. FOR:MR. ···n-12~y GOB£L o -Danofes • -[)Eno/.es o -Cenofes iron rnonurnenf f"ound iron monumenf sef wood slaie NO. OAK. t 109 WONT. HO. t7.c.a .. a I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: • LOT I, BLOCK .f, "CRYSTAL BAY VIEW" H£NN£PIN CouNT),,,,,., MINN!f:sorA AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON. ANO ALL VISIBLE ENCROACHMENTS, IF ANY. FROM OR ON SAID LANO. 5r1-1 AS SURVEYED BY ME THIS DAY OF rr AL.SO SI-IOW6 7.H't;;' l. OCATION OF STAKGS AS 6G T t-0/i? A PROPOS{;D GA..e4G(S" BY OWNGe. REGISTERED l.ANO SURVEYOR MtNN. /<GG. No. 841.t/- 'I _J I \,.__._ ____ 1.+-.!-4--..J-- : / I ,_ -- ,.__ ____________ ____. ~ e,, I-\ ~ a -")L. C""\! ~ o' ; t '9 2 "G,, f:) re o 1-,.f(.. ---k (' i::: 1-;".'. K a· -'-w U '- ---- '") /'" I !' 4 '-0'' -~~---------__:__ I ·----------t:.. \.0 -0 ------ FLooR <:") \ i \ a _j\ :,, 1 \u L- ~ l .,, ~ .....J i :::i I .,) ~~: (} (l I ! 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': i i 1 1 I I ! _ -, _CITY OF ORONO -NOTICE i, The Planning .Commission will hold ~bli~ hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 17, 1995 at a meeting that will commence at 7:00 p.m. on the matter of reviewing the following land use applications: _ .. 1. #2032 Michael and Lynne Gerlicher, the owners of the properly located at 1375 Rest Point Road, seek approval of a height and setback variance for -a 6' high privacy fence to be installed along an 80' section of the street lot' line and approximately 30'. along the south side lot line . . · . 2. #2033 Donald and Arlene Kielley , the owners of the property located at 1670 Shadywood Road, seek approval of a side , setback variance and hardcover variance . within the 75-250 ' setback area to allow construction of an addition to the street or r·ear side of the residence consisting of a family room and a covered entrance deck arej: #2034 Mary a~d G~ne Zulk ~f 1400 I Cherry Place seek approval of lot coverage 1 variance and hardcover variance within the 75-250' setback area to permit construction . of a 10' x 26' covered entrance deck to the street or rear side of the existing residence.: ., ,; 4. #2036 Roberl J. Gountanis has applied for lakeshore setback, side setback, rear ·setback, average lakeshore setback and I hardcover variances within the 0-75' setback : area for .structural improvements to the ! existing residence located .coqipletely witt,lin ·I· the 0-75' lakesliore ·protected area'.-Applicant ' will ask the -City to consider three options for J improvement of _the existing residence 1 located at 1098 Loma Linda Avenue.,----:-· · 5.-#2037.,The Wayzata Learning .Center, -I located at .850 Wayzata .Boulevard, .has applied ·for a conditional use permit that ! would,allow.:.an .increase of students .from 30 1 "10· 66 J6The . original g_9 dill¢Q~;i.YSJl,·P.llrr;nit .• granted._to the facility :placeci a lim1 of 30·1• studerits !r;,T he -existipg structure has now · bei:Wequipped with7 a•sprinkler-.'sys1em . and~: may legally apply for a11 i[)Crease in _ student enrollment .·.F .. •.,f ·-0;,-t'-L-,.::t·;\ : ·-:. , ···6 . #2038 Dick Reit-, the owner of the ·properly located at -1153· Elmwood Averiue; has appl [ed for a s_i de setback, ,;1ver_age 1 lakeshore setback and hardcover variaQces . within the 75-250'.setback to permit the construction of a "twci -story . addition at approximately 10' x 28' to the lakeside of the '1 existing residence . The two-story addition will ,· be placed over ,;1n existing grade-level deck andpatioarea. •-1':,. i''Ft;·r..5 ,!:-;·, _ _ 1 7. #2040 0oi\i Olson, lhil owner of 2601 1 west Lafayette Road, seeks approval of ·a . 1 hardcover variance within the 0-75' setback area to permit the removar of_ a concrete patio adjacent to the lakeside pool to -be_;,teplaced . with. intertod<ing pavers.!T_here is_na.lncrease ! !n hardcover as a result oli>l!h~se pr~pasec:l ,1 improvements. :r,~... · ~ tt;-rf.:.r:. t ;1 , 8. #2041 Oarcy ·Otto, the owner of 4116 ·: Highwood Road; has applied for an litter-the-, fact conditional use permit that would allow i the excavation ol over 100 cubic yards of fill _; that was not covered under the authority of a ' building permit recently issued for ,the n~w residence construction on the property.·-· · All persons wishing to be-heard will appear at t. his meet_i.ng .. W. ritten.·com .. ments ~ are sol icited.-Plans are availabfe in the City ?ff]c9:5 f~~-!~v!;.~'... br_,,appoinl~-~~L ''; .' .• _·:~l City of Or~:, fl · t.:, -"~~y(i:.:.tii'l .):>':/: By: Planning CorJl!TIISSI0n. -~ •·. ;_. -'·. :_. -~-. · . · ,--~,.u • '-''''"· vJeanne A. Mabustti, ! · · ·· Building & Zoning Admjnistrator . , . -·-~ --. . . (Published in nie Laker and Pioneer July 3, ·~ i:9?~ ·: ,.'·:LL:1.~~ -~: iDS;~~ 5 .. -,~~ Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed /a dl {!JU,/ rrt• which is attached was cut from the columns of said newspaper, and w/s printed and published once each week for _...,__ successive weeks: It was first published Monday, the 0 M day of_"'++-'-'w..,,,f'---- and was thereafter p and published every Monday, to and including Monday, the ___ day of _______ 19 __ ; $tit~ Authorized Agent Subscribed and sworn to me on this By : e l<RISTI ~tary NOTAl'I > PUBLIC-MINNESOTA MY COMM. EXPIRES 1-31-alOO Rate Information blic (1) Lowest classified rate paid by commercial users for comparable space : $11.48 per inch . (2) Maximum rate allowed by law for above matter: $11.48. (3) Rate actually charged for above matter: $6.47 per inch . Eadl additional successive week: $4 .45 . CITY OF ORONO -NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 17, 1995 at a meeting that will commence at 7:00 p.m. on the matter of reviewing the following land use applications: 1. #2032 Michael and Lynne Gerlicher, the owners of the property located at 1375 Rest Point Road, seek approval of a height and setback variance for a 6' high privacy fence to be installed along an 80' section of the street lot line and approximately 30' along the south side lot line. 2. #2033 Donald and Arlene Kielley, the owners of the property located at 1670 Shadywood Road, seek approval of a side setback variance and hardcover variance within the 75-250' setback area to allow construction of an addition to the street or rear side of the residence consisting of a family room and a covered entrance deck area. 3. V #2034 Mary and Gene Zulk of 1400 Cherry Place seek approval of lot coverage variance and hardcover variance within the 75-250' setback area to permit construction of a 10' x 26' covered entrance deck to the street or rear side of the existing residence. 4. #2036 Robert J. Gountanis has applied for lakeshore setback, side setback, rear setback, average lakeshore setback and hardcover variances within the 0-75' setback area for structural improvements to the existing residence located completely within the b-75' lakeshore protected area. Applicant will ask the City to consider three options for improvement of the existing residence located at 1098 Loma Linda Avenue. 5. #2037 The Wayzata Learning Center, located at 850 Wayzata Boulevard, has applied for a conditional use permit that would allow an increase of students from 30 to 66. The original conditional use permit granted to the facility placed a limit of 30 students. The existing structure has now been equipped with a sprinkler system and may legally apply for an increase in student enrollment. 6. j #2038 Dick Heit, the owner of the property located at 1153 Elmwood Avenue, has applied for a side setback, average lakeshore setback and hardcover variances within the 75-250' setback to permit the construction of a two-story addition at approximately 10' x 28' to the lakeside of the existing residence. The two-story addition will be placed over an existing grade-level deck and patio area. 7. #2040 Doug Olson, the owner of 2601 West Lafayette Road, seeks approval of a hardcover variance within the 0-75' setback area to permit the removal of a concrete patio adjacent to the lakeside pool to be replaced with interlocking pavers. There is no increase in hardcover as a result of these proposed improvements. 8. #2041 Darcy Otto, the owner of 4116 Highwood Road, has applied for an after-the-fact conditional use permit that would allow the excavation of over 100 cubic yards of fill that was not covered under the authority of a building permit recently issued for. the new residence constructed on the property. 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 Jeafme A. Mabusth, Building & Zoning Administrator To be published the week of July 3, 1995. Posted at: City Hall Crystal Bay Post Office Long Lake Post Office Navarre Post Office 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 #2034, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 29th day of June, 1995. Jami~ L.tJ r / , BLoc.K 4 ., CRYfT~L BAY J/lEW /IE .Al .,v. 11,. ,n ,iv Al£ rt:1 r A l, 0 r fJ I< t ;J =: I I 7 4 6 4 SQ (T J- SCHOBORG ND SURVEYING I hereoy certify that this plan, survey. or report was. prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota.~ INC. hi ... 972-3221 ,.. 8997 Cty. Rd. 13 SE Delano, MN 55328 Date· .:tb JV/:E l""ry / ?f£ Registration No. 14700 Book -Pag 33-'5 ~cale • ·/ ':::..fl} , .,