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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 2006 7:00 o'clock p.m. (5. #06-3208 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST, Continued) McMillan moved, Murphy seconded, Application 306-06-3208, Ryan Companies US, Inc., 2765 Wayzata Boulevard West, to adopt RESOLUTION NO. 5505, a Resolution Granting Commercial Site Plan Approval and a Conditional Use Permit and Approving the Issuances of Building Permits, with the resolution being amended to reflect the requirement of a letter of credit in the amount of 125 percent of the estimated cost of improvements and the credit toward the park dedication fee of the cost of constructing the trail along Wayzata Boulevard. VOTE: Ayes 3, Nays 0. *6. #06-3215 TODD MARTIN SCHAIBLE, 1450 CHERRY PLACE -V ARJANCE - RESOLUTION NO. 5506 Murphy moved, McMillan seconded, Application #06-3215, Todd Martin Schaible, 1450 Cherry Place, to adopt RESOLUTION NO. 5506, a resolution granting hardcover, lakeshore setback, and average lakeshore setback variances. VOTE: Ayes 3, Nays 0. *7. #06-3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD - VARIAN CE -RESOLUTION NO. 5507 Murphy moved, McMillan seconded, Application #06-3220, Jule and Elizabeth Hannaford, to adopt RESOLUTION NO. 5507, a resolution granting lake setback and hardcover variances in order to construct a new lakeside deck. VOTE: Ayes 3, Nays 0. 8. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY(NW CORNER OF WILLOW DRIVE NORTH AND IDGHW AY 12) -COMMERCIAL SITE PLAN - ARCIDTECTURAL STYLE DEPICTIONS FOR DISCUSSION Jeff Wrede with Tushie-Montgomery Architects and Sara Malin with Hempel Properties were present. Gaffron stated the applicants have submitted a couple of drawings and are looking for some direction on whether the Council will accept the mixed uses . A work session on this site was held, with the nature of the retail, the types of uses, and the architectural style of the buildings being discussed. The applicants are looking for some additional direction on this project. Brokl stated the applicants are requesting a comprehensive plan amendment and that there are not enough Council members present tonight to take forn1al action on this application. Wrede distributed color depictions of their latest proposal, noting that the building is considerably smaller than the building that is located across the street on the south side of Highway 12. An elevation view is also included in the packet. Wrede indicated the style is based on the historical development that is present around the lake. Wrede stated they would like to get some input from the council on the direction they would like to see for architectural style. Murphy stated the focus of the conversation tonight should be a continuation of the discussion that was held at the work session and that it should be focused on the uses rather than the design of the project . Murphy stated the Council accepted the medical building and the uses associated with it but they have struggled with the retail component. Murphy indicated the City 's original comprehensive plan basicall y PAGE 10 of 20 OLD BUSINESS MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 21, 2006 6:00 o'clock p.m. 3. #06-3215 TODD MARTIN SCHAIBLE, 1450 CHERRY PLACE; VARIANCE, 6:03 P.M. - 6:20P.M. Todd and Michelle Schaible, Applicants, were present. Turner stated the applicants are requesting variances to allow construction of an addition to the street side of their residence. The applicants are requesting a hardcover variance in the 0-75-foot zone to allow 12 percent hardcover and a hardcover variance in the 75 -250-foot zone to allow 39 percent hardcover. In addition, an average lakeshore setback variance is required to place the addition closer to the lake than the average lakeshore setback. Turner illustrated on the overhead the average lakeshore setback line and the location of the existing house. The entire house is forward of the average lakeshore setback. The house was constructed prior to the adoption of the average lakeshore setback ordinance. The proposed house on the lot to the north does not change this. The house to the south is unusually far from the lake because of the topography of that lot. It is also about 14 feet higher than the applicants' house and separated by a band of trees. There are also trees along the north property line. Staff noted there is a minor increase of 31 square feet hardcover in the 75-250 foot zone. Of the 691 square foot area that would be covered by the addition, 472 square feet is sidewalk. The paver walkway in front of the house consisting of 108 square feet and 80 square feet of the d1iveway would be removed. The applicants have indicated that the retaining wall would be difficult to remove due to the substantial slope but they are proposing to remove a p01iion of the driveway and the paver walkway. Planning Staff recommends approval of the average lakeshore setback variance and approval of a modified 0-75-foot hardcover variance . Bremer commented one of the roles of the Planning Commission is to look at the property as a whole and to recommend areas where hardcover can be removed wherever possible . Bremer inquired whether the applicants had anything to add to Staffs report. Mr. Schaible indicated he does not. Bremer opened the public hearing at 6: 11 p.m. There were no public comments regarding this application. Bremer closed the public hearing at 6: 11 p.m. Rahn stated the only concern he has is w ith the amount of hardcover proposed for the driveway, and recommended that the driveway near the garage doors be reduced. PAGE2 MINUTES OF THE ORONO PLANNING COMMISSION Monday,August21,2006 6:00 o'clock p.m. (#06-3215 Todd Schaible, Continued) Kroeger inquired why the path down to the lake is curved. Mr. Schaible indicated the pathway curves around a landscaped area that does have some mature trees. Bremer commented she is in agreement that the driveway should be reduced and suggesting incorporating a tum-around. Bremer recommended the applicants work with Staff to arrive at a reasonable hardcover number and configuration of the driveway. Jurgens stated he does not have a concern with the second story given the absence of any complaints or concerns expressed by the neighbors. Jurgens stated he would like to see some additional hardcover removals in the 0-75-foot zone as well as a reduction in the driveway. Rahn inquired whether the Planning Commission should specify the width of the driveway. Gaffron concurred the driveway should be reduced to the width of the garage, with perhaps an 8 x 8 or a 10 by 10 back-up area. Jurgens recommended that the pathway be removed in the 0-75-foot zone. Jurgens moved, Kempf seconded, to recommend approval of Application #06-3215, Todd and Michelle Schaible, 1450 Cherry Place, granting of a hardcover variance in the 0-75 foot zone, a hardcover variance in the 75-250 foot zone, and an average lakeshore setback variance, subject to the condition that a minimal driveway be constructed per staff's recommendations, removal of the stone paver path on the south side of the home, and removal of a portion of the paver walk on the lakeside of the home, with the landing areas at the bottom of the steps being allowed to remain. VOTE: Ayes 5, Nays 0. 4. #06-3219 EDSON SPENCER, 1135 SPRING IDLL ROAD, SUBDIVISION, 6:21 P.M. - 6:47 P.M. Edson Spencer, Applicant, Robert Fullerton, Purchaser, and Bridget Hust, Attorney-at-Law, were present. Turner noted the Planning Commission discussed this application at its July meeting where it was tabled to allow the applicant time to complete the application and to explore a conservation easement that would keep the new lot vacant forever. The applicants have provided an outlot for the existing road, which serves three houses. It is currently located within a driveway easement. The proposed house would be the fourth residence on the roadway. The outlot is proposed to bring the anangement into compliance with the subdivision regulations. The four property owners served by the road are forming an association that will take title to the outlot and be PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 17, 2006 6:00 o'clock p.m. (#06-3221 Sean and Nicolie Wheeler Hendrickson, Continued) Kempf inquired whether there are seasonal water views from the house. Hendrickson stated there are, which is one reason why the garage is located in the rear. Hend1ickson stated they rotated the house to match the curvature of the road .. Turner stated the issue would be fitting the driveway in with the hardcover restrictions. Hendrickson inquired if they were to have a tuck-under garage whether that would be favorable to reduce the hardcover. Jurgens stated the closer the application is to compliance, the better. Bremer noted they are allowed two and a half stories and 3 0 feet in height. Jeffries inquired what type of variances would likely be approved on their application . Berg stated the Planning Commission would like to see a plan that meets the 1500 square feet structural coverage, incorporates a basement, reduces the hardcover and driveway, as well as meets a IO-foot side setback. Turner requested some direction be given on the hot tub. Turner stated the hot tub consists of 100 square feet of hardcover. Bremer inquired where the hot tub is located. Hendrickson stated the hot tub is located way in the rear. Bremer commented the hot tub could be on the deck. Jurgens moved, Berg seconded, to table Application #06-:-3221, Sean and Nicolie Wheeler Hendrickson, 1580 Long Lake Boulevard. VOTE: Ayes 5, Nays 0. 11. #06-3215 TODD AND MICHELLE SCHAIBLE, 1450 CHERRY PLACE, VARIANCE The applicants were not present. Bremer opened the public hearing at 11: 14 p.rn. PAGE38 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 17, 2006 6:00 o'clock p.m. (#06-3215 Todd and Michelle Schaible, Continued) There were no public comments regarding this application. Bremer closed the public hearing at 11: 14 p.m. Bremer stated it would be helpful to know where the neighbor's new house would be located. Turner stated she could provide that information for the next meeting. Bremer moved, Jurgens seconded, to table Application #06-3215 Todd and Michelle Schaible, 1450 Cherry Place. VOTE: Ayes 5, Nays O. PLANNING COMMISSION COMMENTS 16. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JUNE 26 AND JULY 10, 2006 Kempfreported on the June 26 Council meeting, noting that a number of the applications were placed on the Consent Agenda. Kempf stated the Stonewood Design application was sent back to the Planning Commission and the Bohland application on Willow was approved. Kempf stated the Minnetonka Center for Arts application was also tabled due to concerns expressed by a neighbor over the smoke that would be generated from the kiln. Jurgens reported on the July 10 Council meeting, noting that the lot combination was approved but the lot area variance was not approved on the McNaughton/Hamm application. Jurgens stated the applicant on Fox Street was requested by the council to end the curb and gutter 50 feet prior to the street to help preserve the rural character of the neighborhood. 17. OTHER ISSUES FOR DISCUSSION None 18. PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 19, 2006 Kroeger moved, Kempf seconded, to approve the minutes of the June 19, 2006 Planning Commission meeting as submitted. VOTE: Ayes 5, Nays 0. PAGE39 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 17, 2006 6:00 o'clock p.m. (#06-3214 Rudy Wicklander Homes, Continued) Hoarn stated they could drop the garage another four to six inches and would still be five inches above the stTeet. I-loam stated you could handle a six-inch flood. Hoarn stated they would prefer to do it as the house is currently sitting. Bremer moved, Berg seconded, to recommend approval of Application #06-3214, Rudy Wicklancler Homes, Inc., 3345 Crystal Bay Road, subject to the driveway being 20 feet and further subject to review and recommendations of the City Engineer. VOTE: Ayes 5, Nays 0. Bremer stated in her opinion the applicants have met the City's height requirement and story requirement. 11. #06-3215 TODD AND MICHELLE SCHAIBLE, 1450 CHERRY PLACE, VARIANCE This item follows Item No. 15. 12. #06-3217 AULIK DESIGN GROUP ON BEHALF OF TRACY CONSTABLE, 865 FERNDALE ROAD WEST, VARIANCE, 9:55 P.M. -10:15 P.M. Chris Carstons and Bill Eastman were present. Turner stated the applicants are proposing to add a second story over a garage. The house was constructed in 193 8 and is located on a narrow ridge along the lakeshore that is about eight feet above the level of Ferndale Road . The garage, which is at basement level, was added in 1960. In 1973, a room was constrncted above the garage. The proposed addition would involve increasing the pitch of the roof to match the original part of the house and adding dom1ers to it. Turner stated the entire house is located within the 75-foot lakeshore setback and cannot be expanded without a variance. The existing garage is 17 .6 feet from the east property line. Without a side setback variance, the proposed master bedroom would be limited to nine feet in width. Staff finds hardships exist that wanant approval of the setback variances as requested. The lot is a quarter of the minimum size :required for the zoning district and less than half the required width. The house was constructed well before the zoning and shoreland regulations were adopted . The additions were also constructed before the shoreland regulations were adopted . The existing third bedroom is so small and awkwardly shaped that it is only marginally usable as a bedroom. The addition would increase the above­ grade floor area of the house to approximately 3,500 square feet, which Staff does not find excessive. Although there is no increase in hardcover being proposed, Staff feels that some of the hardcover on the site should be removed PAGE30 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Todd and Michelle Schaible 1450 Cherry Place Mound MN 55364 TYPE OF APPLICATION: Variances DATE OF MEETING: September 10, 2006 ZONING FILE #06-3215 NOTICE OF COUNCIL ACTION DATE OF NOTICE: September 18, 2006 COPIES: VOTE: 3 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than September 10, 2007. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952.249.4623. Date Application Received: 6/19/06 Date Application Complete: 6/19/06 Extended Review Period Expires: 10/17 /06 REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner er Title: City Planner Item Description: Administrator Approval: #06-3215 Todd and Michelle Schaible, 1450 Cherry Place -Setback and Hardcover Variances Zoning District: LR-lB (1 acre) Lot Area: 29 ,527 square feet Lot Width: 100.49 feet List of Exhibits: A -Resolution per Planning Commission recommendation B-PC Action Notice dated August 22 , 2006 C -PC Memo & Exhibits of August 21, 2006 Date: September 11 , 2006 Item No. Agenda Section: D-Revised Hardcover Removals and Calculations (reflecting Planning Commission 's recommendation) submitted September 5, 2006 Application Summary: The applicants request the following variances: Hardcover variances to allow 13 percent hardcover in the 0-75 foot zone where no hardcover is allowed and 28 percent currently exists and to allow 35 percent hardcover in the 75-250 foot zone where 25 percent is allowed and 53 .1 percent currently exists. A lakeshore setback variance to allow the house, porch and deck to remain as constructed within the 75 foot lake setback. An average lakeshore setback variance to construct an addition ( on the street side of the house) closer to the lake than the average lakeshore setback. Planning Commission Recommendation On August 21 , 2006 Planning Commission voted 5-0 to recommend approval of the hardcover and setback variances subject to additional hardcover removals: a. Minimize the driveway with the north edge of the driveway being at the north edge of the garage door except for a 10 foot by 10 foot turnaround. b. The paver walk in the lakeside yard. c. The flagstone walk in the side yard and lakeside yard, leaving only a landing at the bottom of the deck stairs and the door to the basement. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution granting hardcover, lakeshore setback, and average lakeshore setback variances. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1), 78-1279(6) AND 78-1288 FILE NO. 06-3215 WHEREAS, Todd Schaible and Michelle Schaible, husband and wife (hereinafter "the applicants") are the owners of the property located at 1450 Cherry Place within the City of Orono (hereinafter the "City") and legally described as Lots 6 and 7 Block 4 and that part of the east half of Cherry Avenue vacated laying Northerly of Westerly extension of the Southerly line of Lot 7 and Southerly of a line running from the Northwest comer of said Lot 6 to the Northeast comer of Lot 5 Block 5, all in Crystal Bay View, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(1) to allow the portion of the existinghouse, porch, and deck within the 75 foot lakeshore setback to remain as constructed in conjunction with a proposed two-story addition; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an addition forward of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1288 to allow 13 percent hardcover in the 0-7 5 foot zone when no hardcover is allowed and to allow 3 5 percent hardcover in the 75 -250 foot zone when 25 percent is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 21, 2006, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 FINDINGS 1. This application was reviewed as Zoning File #06-3215. 2. The property is located in the LR-1B, Zoning District which requires a minimum lot area of one acre and a minimum lot width of 100 feet. 3. The Planning Commission reviewed this application on August 21, 2006 and on a vote of recommended approval of the variance, based on the following findings: a. The portion the porch and deck within the 0 to 75 foot zone were constructed in 1981. While the survey and plans that were part of the permit application clearly showed the porch and deck encroaching into this setback the permit was still issued. b. There is no place to construct an addition without an average lakeshore setback variance as the entire house is located forward of the average lakeshore setback. The addition will not adversely impact the lakeshore views of the adjacent lakeshore properties. c. The addition will update the floor plan of the house and allow reasonable use of the property. d. The amount of hardcover on the site will be substantially reduced as a result of the proposed removals. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to Page 2 of 5 preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279(1), 78-1279(6) and 78-1288 to allow construction of an addition, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be reduced to 951 s.f. or 13 % (including steps to the lake). Hardcover in the 75-250' zone shall be limited to 6,256 s.f. or 35% per the proposed plan and hardcover allowance summary attached to this Resolution as Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed before the addition is occupied. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction before September 11, 2007. Should the applicants fail to either obtain a building permit or to receive a renewal of the variance within the year deadline it shall be necessary to file a new application with the City. Page 3 of 5 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 11 th day of September, 2006. ATTEST: Linda S. Vee, City Clerk Todd Schaible STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor Michelle Schaible The foregoing instrument was acknowledged before me on this _ day of , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ---- municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota ---- municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Todd Schaible, husband of Michelle Schaible. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Michelle Schaible, wife of Todd Schaible. Notary Public Page 5 of 5 ZONING FILE #06-3215 CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 22, 2006 TO: Todd and Michelle Schaible 1450 Cherry Place Mound MN 55364 TYPE OF REQUEST: Variances COPIES: DATE OF MEETING: August 21, 2006 Planning Commission recommended approval of your request subject to additional hardcover removals: a. Minimize the driveway with the north edge of the driveway being at the north edge of the garage door except for a 10 foot by 10 foot turnaround. b. The paver walk in the lakeside yard. c. The flagstone walk in the side yard and lakeside yard, leaving only a landing at the bottom of the deck stairs and the door to the basement. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is tentatively*: Planning Commission -September 11, 2006 Meeting starts at 6:00 pm *To be on the September 11 City Council agenda please submit your revised hardcover calculations before September 6 .. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952.249.4623. Date Application Received: 6/19/06 Date Application Considered as Complete: 6/19/06 Extended Review Period Expires: 10/17 /06 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner August 21, 2006 #06 -3215 Todd and Michelle Schaible, 1450 Cherry Place -Setback, Hardcover and Lot Coverage Variances -Public Hearing Zoning District: LR-lB Lot Area: 29,527 square feet Lot Width: 100.49 feet FILE #06-32 15 July 17, 2006 Page 1 of 4 Application Summary: The applicants request the following variances to allow construction of an addition to the street side of their residence: Hardcover variances to allow 12 percent hardcover in the O -7 5 foot zone where no hardcover is allowed and to allow 39 percent hardcover in the 75-250 foot zone where 25 percent is allowed. Average lakeshore setback variance to place the addition closer to the lake than the average lakeshore setback. Sta.ff Recommendation: Planning Department Staff recommends approval of the average lakeshore setback and approval of a modified 0-75 foot hardcover variance. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be place, located or constructed within 75 feet of the OHWL of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. FILE #06-32 15 July 17, 2006 Page 2 of 4 Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. List of Exhibits A. Application B. Hardship Documentation Form C. Hardship Statement D. Existing Conditions E. Proposed Site Plan with addition, average lakeshore setback and proposed hardcover removals added by Staff F. Proposed Plans and Elevations G. (Corrected) Hardcover Calculations H. Plat Map I. Property Owners List Background The house was constructed in 1971 as an L-shaped walkout rambler. In 1981 an addition to the south side made the house U-shaped. The proposed addition would fill in the U. It would be two stories. Except for a deck no living space would be added over the existing house. A comer of the house and about half the screen porch and deck lie within the 7 5 foot setback. There is no survey on file from the time of construction of the house. The survey for the addition does not show the porch and deck although they are clearly shown on the 1981 building permit plans. Originally the house had two bedrooms on the main level and no internal connection between the living area and the garage. At some point the bath was expanded into the second bedroom and a door into the garage was added, leaving the remainder of the second bedroom as a large closet. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 1 acre .68 acre Lot Width 140 feet 100 feet Setbacks: Required Existin2 & Proposed Street 30 feet 140.9 feet Lake 75 feet 68 feet North Side 10 feet 14.3 feet South Side 10 feet 15.4 feet Structural Coverage: I Allowed I Existin2 I 4,429 s.f. (15%) I 3, 662 s.f. 02.5%) Hardcover Calculations: Hardcover Zone Total Area in Allowed Zone Hardcover 0-75 7,596 s.f. 0 s.f (0%) 75 -250 17, 868 s.f. 4,452 s.f. (25%) 250 -500 2,129 s.f. 639 s.f. (30%) Proposed FILE #06-32 15 July 17, 2006 Page 3 of4 4,359 s.f. (14.8 %) Existing Proposed Hardcover Hardcover 922 s.f.* 922 s.f. * (12 %) (12 %) 6,918 s.f.* 6,949s.f. * (39%) (39%) 328 s.f. 328 s.f. (15 %) (15 %) * After exclusion of steps to lake and fabric or plastic-lined landscape beds. The concrete walk between the paver walk and the lakeshore is actually steps. Except for the portion between the boat house and lake they were excluded from hardcover. Average Lakeshore Setback Variance The entire house is forward of the average lakeshore setback. The proposed house on the lot to the north did not change this. Hardcover Variances No change is proposed in the hardcover in the Oto 75 foot zone. The amount of hardcover in the 75 to 150 zone would be increased by 31 square feet. Of the 691 square foot area that would be covered by the addition 4 72 square feet is sidewalk. The paver walkway in front of the house (108 square feet) and 80 square feet of the driveway would be removed. Hardship Statement Applicants have completed the Hardship Documentation Form attached as Exhibit B and provided an additional statement attached as Exhibit C. They should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that hardships exist that warrant approval of a setback and hardcover variance for the portion of the deck, porch and house within 75 feet of the lakeshore. Their current illegal status could be a hindrance to selling or refinancing the property. This would result in 416 square feet or 5.5 percent hardcover within the 0 to 75 foot zone. If this hardcover were added to the proposed hardcover in the 75 to 250 zone the result would be 41.2 percent. The other hardcover in the 0 -7 5 foot zone is in staff's opinion unnecessary except for the required three foot square landing at the lower level door and the steps to the lake. FILE #06-32 15 July 17, 2006 Page 4 of 4 The house was constructed before there was an average lakeshore setback. The house to the south is unusually far from the lake because of the topography of that lot. It is also about 14 feet higher than the applicants' house and separated by a band of trees. There are also trees along the north property line. It does not appear to be possible to bring the property into compliance with the 75-250 hardcover regulations. The existing house/deck/porch (including portions in the O to 75 zone), a minimum amount of driveway and a minimum sidewalk to the front door would result in about 32 percent hardcover in this zone. Within the 75 to 250 foot zone Staff thinks additional hardcover removals are possible -the stone path around the side of the house and more of the driveway. Issues for Consideration In reviewing the hardcover variance for the 75 to 250 foot zone the Commission should consider if the additional living space is necessary and if proposed plan is the appropriate way of providing it. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the setback and hardcover variances for the portion of the existing house/porch/deck within the 75 foot shoreline setback. If the Commission determines the average lakeshore setback and hardcover variances for the addition are appropriate Staff recommends they be subject to hardcover removals beyond those proposed. 050160 8/117/23 SCHAIBLE, MICHELLE ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. IOI Minnetonka, MN 55345 Phone (952) 474-7964 Fax (952) 474-8267 SURVEYFOR: MICHELLE SCHAIBLE SURVEYED: April, 2005 LEGAL DESCRIPTION: DRAFTED: April 22, 2005 Lots 6, 7 and that part of East!.-~ of cherry avenue vacated Jyiug Northerly of Westerly exunsion of Southerly line of Lot 7 and Southerly of a line ruuuing from Northwest com tr of said Lot 6 to Northeast com~r ufLot 5, BJock S, Hennepin County, Minuesota. SCOPE OF WORK: I hereby certify that this plau, specificatiou, report or survey was prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. ~00004 Jl 6L~oo amsH. Parker P.E. & P.S. No. 9235 GENERAL CONDITIONS Al A l:,UltJ.l'.,\E. liT /I· CO\ 1081 EVI\IG..l~I $.\-\ALL t,0·1eRtl V.fORK L~~-~ nn-s P1<D,!'i";(1, <Si-'EC.1.t.L (c,tlC!f\Ol'lS: --275.21-­ s 89'.31'56" E ~-~~tlr~\:.c~~~/i~\'.i!t~\~t~~~\~~!-:~~~1~~[tf,;I~~~~1~~t~ r'LLJM?.>ltiG flJ\i\.iKE:$ /W'H•.!U AtlP c.o1..1Nf;.:\JC\l'?TC f:>:.1~-;-~CV't\:.'f,,\.\O\A\-\V '.olt-WAl'EF-. TO (OMr'LVi£ v/C,f-:K.. H'VA(,(.rJM1!1:AC.:f,)R, SHJ'!,I.L f'RUVlC,\;. A U,-1-\f•"....~iC HEA-\h-11;, ,\Hli CO.:;Llt-1(. >·i..v!-)0. ..:t,f.:.f<,.CE.R.,Ll;l,l;J-l0}{1 Ok. ~\ll.J, H'.0.\..11:.F;:::l..!;'.:"tJC."j fUL<..t: t"-Ui<.t-:,t.,(.E. As-H> /.\ 1-\0j ·,..1t:,\i;;.f.:.. $"..;!..Er:: /:-t\l• til.l'T 'V,(/.\iE-~ RAt-tAHT HfP.-ill~~ IN Tl-l.E Hi.;.\,,/ •:01~C1, .. ,~TE Ro::.ir' ... Foti. r°'•.CCM#~1ot. ZO ►JI: I '5\.1.b\.L t"<ov1c:: ~TA1..,t.. I 1-l?..ATl~G fc.-r< .. 'i:.1,i;,,,c.1.\·t f-Lr:•CR 1 t1-~l'..i..t.JD11-i(1 A'-1..-(c;,..::fl,01-S. E:lf.-C\"l~:'.'.J .. L (C.l-lT\t.L'-iO~ "-•I.\P.L'.-p,_;,, !Jl':,\J ~~-l\; _\tlc,r-i,LL 1,.1.:-,-V'lf.!-\1H.-, ,:..-..,,,\t\.\l:<;.1Al)t-. (:.ia.">1\(.,~':,At4};, HI•~ At..'-':.•;.N~!~,:TlcJtl".-Tv t:,-.;h:ftl¥-> '51::.l?.",IIC..f: f'ANELS Cr<. /:,,f:[.> t-\•It;;',! t'A1-1e. '- ;;/:~~~~\Y:~~.'1 ~~~i ~ ~~'.~ ~~u~~~~¢:l~~c. !~,~ ~:;.~u t~:~k\.i;~;:~~t.;~l;·t~~t ~~~~(J~~~';.~'i:-e!!v,<W1\~~~;;tt· 1fl1~ \f:~~:rL~1~ts~;~~il·til;~ ;~r~;t-r~~it-1:~Uo~tt~ ss t:~ Ai'l.H! T'i::l.T 'vJ !1_L NCIT BS RE. StOr·JS lt::oLe. FO\,".J.,\S(C'/\:R•l1 l-tAHVLH..J.b O'R Rl:.l·\OV.A\,..•)\=Tc'f.,\(. M!-.TER.iALS !N~LU\)\t·JfJlBu\ /J.011..\1'\liE.t, 10') t-t\C,LDAHt-P..":>~-t:.SToS,t: re.. GRAPHIC SCALE 20 0 10 'Qit;' ~ -( IN FEElr) 20 , 40 i Drw. No. 050760 CODE INFORMATION C01l.a:1>cI,1E-: ~u:..o f:-:..1. lH ~•.~p,:.,1-::, MOF!.l"A~•-1!'::-0•-=> \•.-:,\. fd:.;1~fc.oRC..ltlG. ~ .;;,.-:; Y,<;..t. '$G1Lb"EAl'l.ll-tC"a CAP~f..~T"/ ('..':-,::,J. ?,'L.F_ ';;l i¼<-TllF.AL t...U/"';0::::-"i:~: ff<..J..Mlt,G LU.1,,,.~!:I-~ f-b ·.:. i ic..·0 f. ':l.l. l.'jl,..t, a.:G:1.,,r,:.11-ll,. '>i'~t.'>.•· Fh--nc-o f.'S.,t, tf.-!~~~;~~e.i~~uc'.[.:)T.t;:'""f:~; f<:oc,~ T'l.U$.c;.\;S ·, :..1•;'!: Le;£:.,;,-=½,;., P.~.f­ !;15.t.t V..A~• IC.. P,..-_.f ,w~iJ '..◊t,.V • \S PS.I" \'.!1.,C..D~ <;.:\RU(T<JR.E.: w rC \.C,£¢. :a t.\r,, ?.SF, 1--~t.t:• <.o.t-.P "' ~c ?.1..F. i:>l::.~LC:'-T10tl: tfit~=~11~1~I:'M1tl:.I;.. INDEX TO DRAWINGS 1. SITE & CODE INFO. 2, FOUND.FLOOR PLANS, SCHEDULE. 3. ELEVATIONS 4. BVILOING SECTION 5. BUILOING SECTIONS 6. FRAMING PLANS & OET'S. IN FCi/ZJt,tJ+T, 0 ,.J 21,s-x.tt,S -1-'1,r./i. .'5:" ': ?tiT°AL--}-(G.AJ ~t/2P.CT1 "7\/ f ,C. s·r,"f,,)6 71rJ11Jf::, /,J IJl,W 6JUSr #a--.. /J.fer ,~ . .U.(€/rSfi:. 1AI i i"~""'4 HRRP~llett. tMIIU(.s 1(,-,,vL> I! x,snA/4 pr<111e"'J¥f /ft,hlvel) Her -p,r1t-t... 11JtU:kS'i-J,J ~'I:> t!..OlJ e.(Z ~ .... --. ..... --- SITE PLAN BY ARCHITECT 1"=20.0' :: "<{-8.8~ 1/-11.t. ~F /77 -SF -o,<,,sF D cJ = ~ "' !;ll .s ~ ·o 0 !;ll 17.1 < ~ 4= .s .$ ~ 0 z I-... ... :z: 11'1 !;ll ~ ~ j; -e ~ (I) -:9 C-:1 '5 C/'.l - "'· l; "' 'j' "' .,.,. 0 ~· :. ;;:; .: "' .sr $ .!<I ~ ... " ii1 " E: ~: ai <. 0 a,. I 0 'I 0 ... ,. !ti• ;;:; "' ~ e 0 I.(') "q" - <D . ., 00 'I. « 8 ~l ,. ~ 0,.. z .. :E z $d """ UI;; vava~vu 1._yui5 .. ,v .. ~-AAJ ~-.. ------J running from Northwest comer of said Lot 6 to :ounty, Minnesota . . dary lines of the above legal description. The nining what you own, which is a legal matter. ~cords or consult with competent legal counsei if 1at any matters of record, such as easements, that you ents we deemed important. )numents to mark the comers of the property. to your property, are nor are we as al agencies as ew the survey to -+-­ land submit the have jurisdiction -- I Al, 76:;tobs,j --2:?o.s;z. ... ' EXISTING DWELLING ucan. ,,-- / I --Found ~ /5942 I ~= uing State .oted. I I ts '"'C ct ).__ ~ ~; l (j ~~ C)~ :----c:::i C)~ C) I <I / / ---- \ \ \ ' \ \ S ~9:27'56" E, --'243.3q--'---- --275.21-­ s 89:31 156 11 E l '} :) ~ r1 .1· \ ; ' _) GRAPHIC SCALE --0 X -.,,i,·~- 0 \ ned important.'· mark the COI].ers of the property 0 perty, 1/e as as yto the iction \ \ \ Found 1 '2• : or survey was prepared by me or ed Professional Engineer and of Minnesota. EXISTING DWELLING -Found cap ,S942 Bl fl.I rn l no LOT X------x- Found cap ,S942 \ I.Is LOT 6 EXISTING DWELLING Concrete Boat House Cone. waterfall 7 Landscape with plas. Found cap #5942 7 GRAPHIC SCALE -11 CK 20 0 10 -~-----------,--""°. ---i' 20 40 '-----1 EXISTING DWELLING ( IN FEET ) I ~ NQrtherly of Westerly extension of )rtlfWest corq.ei: of said Lot 6 to )ta. b.e above legal description. The ,u own, which is a legal matter . .It with competent legal counsel, if ,f record, such as easements, that you important. k the comers of the property. 'f, s EXISTING DWELLING n Found cap ,15942 \ \ Found 1 '2• \ \ - LOT DtCK EX/STING DWELLING X----x-----~~---~E----"\7 Found cap ,15942 LOT // 4 3S-~ 9-,,, R-ewv:.i0e!-' _., / .•" \ Or· IV e EXIS71NG DWELLING Concrete Landscape wlth I. Pas. Boat House Cone. waterfall 7 cone. Concrete Found cap ,15942 \ \ City of Orono Variance Application A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application# Qfo-38-IS Date Recei~ed: _lo-80-O& Amount Paid: :/Goo , 0-0 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Staff : ~~(y l'J Fee: $600 -----'---------Renew a I: $300 -----'--------After -the-fact: $1,200 Double Fee This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 1¥~0 C!+et?.R-+ fLltef;_ J Dll6AIO J'J1/V .s-s-5vl Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): o3/U>o3 □ Yes, I own the adjacent parcels. Present use of property: Dil_Residential □ Other ---~-------------­ Zoning District: APPLICANT INFORMATION: (Complete le al names and marital status required for each interested party) Name: /oPD f11111tT1N" 'Scg,4,,SLE. tt,.;lfLLE.. L dA) .x. 16LL -111 £ Phone (home): 15'2-L/71 qz.Sv Phone (work): ~2-)'f'J-C:,~1& Address: ,....D £..Jtt:£ o /lollfo rYllY S-S3r;, Email: ±oJ.J, Sdl\c.·1ble@ ar±es:_1111 .d..o"V\ Fax: C/5~2-3'!2-fR 71/o OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: ---r;;D() '114!?.Ti/V 5cf!A-1AL£ / rJ/1ctftiLLI£ LyAIAI 5c.;/f,lf-tBc£ -f'Jl,te£1€-Q Phone (home): q5L 471 fi-t-z---~ Phone (work): 'l sz.-3'/ '2--&fp;?, Address: ;iffo C/-fEtULY PLA:-C:t--, md S-Ss(pt/ Email: 1:6dJ, sdv.:~ h Le@ a.+~ s:., n, ~~ Fax: fS 2-'.s I 2--G7t/p DESCRIPTION OF REQUEST: Estimated Project Cost: $ /5'01 noo Describe the request in detail (attach additional sheets if necessary): CJRetf,e 1tP01T(D--V'1-<- ~i2.oD>-V1 o/f/"' MA/✓ et.aY<. Foll_ S'eD/2.dtJRVJ. /5 r ilWt Tfo,t/ DF REQUIRED SUBMITTALS: All of the following information must be submitted by the applicati6n deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations, and proposed grading and drainage. *For lakeshore properties the contours should be shown extending 50' into the adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the 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. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. · Applicant's Signature: ~ ~ Applicant's Signature:1d,=ywj,ca Date: Date: OW~ER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application ahd further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and v~if,'.fa~ of this request. Owner's Signature: ---;;JL f~ Date: ----'&'-'/,,_1~/2_2--6tJ_{p ____ _ Owner's Signature: · M td.JL.e_ 5:bC....:.L.l&, Date: <e (Cf lf--Q{p Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. · 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First 1 / S-o Address OlloNrJ City Middle C I!&~ /2. y Pl/TC£- I underst~J righ~s , ~above. ~oal(J_j7~ Signature Last m/ s~3~{ State Zip 952-t/7 I f 2-f'z- Phone Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .*) Street Address : 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax : 952-249-4616 Mailing Address : P.O. Box 66 Crystal Bay , MN 55323-0066 For Office Use Only : City Planner : Meeting Date/Time : PC Date: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal . PROPERTY INFORMATION: Site Address : /¥0 C!.-H~ 'fL,/tt,£- Property Identification Number{PIN): o<o -ll] -~ 33 00 1 b Zoning District: _____ Size of Property: __________ _ DESCRIPTION OF REQUEST: □ Average Setback ~Hardcover □ Other: □ Side Yard Setback □ Rear Yard Setback □ Lot Coverage □ Lot Area □ Front Yard Setback □ Lot Width Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: £116 . MLG understands it as it has been explained to them , and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will b~eted by City staff. Applicant Signature: ~ ~ Date: b/t/'2¢e, Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. 2. 3. 4. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." L"="()oov+ ~ 1) o""'l~ lbe!Y-oo..-c--, OV\. I/VI.J,.:V\ \-e,v-e..l , )..-J tn.+n:ivU..-L :f'.n,"""' ')<ll..-11¥ <1)tJer +w~ b.Ldv-oD......., ( W,E'('.+ ±o 'a<-_.,\-+a Fli:t-lu.~ "The plight of the landowner is due to circumstances unique to his property not created by the landowner." L ~0:0, ,\-WC4 $ G\.~ 1 L s 1 .. 1.A--e"" ~\AN U¾..,J' p IA.,,'--~~ J "The variance, if granted, will not alter the essential character of the locality." Up~ ~ J¥11~Y-""'" llS-¼-.(.~c....r 'J'vl--S q t-e'-<-~ ~ t: e~ j;2@m t\l.el.P upu.~ ~"'':'l:j "'-" ~I<'+ c:Lso ,---( /t(-?,o C!f(~ el-) "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists u~der the terms of the Zoning Chapter." (--\-c, v-ee I~ l{irf-eLf(~/ J.~ w ""- 5. 6. 7. 8. 9. 10. 11. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." t#k "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where 11~:ected person's land is located." r& "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." J A-~c;e. 'u G<-+ -ks l.(.:><t .. J_ I 4-k Sp l ""-l V ,Lt:; \re! C: Ir'\ I/ e...., ~ ·)Ac.,,.J (!~ ___a "The conditions do not apply generally to other land or structures in the district in which said land is located." 1 1 . l ( f:tq,U--8<-6 1,i, l1 V\.)c..j / ~r-~ O"V\. ~L "'-eAI .e..,, "The granting of the application is necessary for the preservation and enjoyment of a ~ubstantial prop,erty right of the applicant." C /, b~~?~~tif}t::j ;i~'T!J:/:~ £:a "Th~ t1a~~he proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." d9 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." t keJ -:µ 1 / Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): j q;,,1 Hardship Statement 1. Driveway The driveway requirements are such that a tum around and parking area are necessary since the street characteristics of adjacent mailboxes and single lane width make it very difficult to back out of the driveway. Also since there is no street area on which to park, some off street parking is required. The driveway is proposed to be reduced by 80 sqft. Further reductions would result in inadequate tum around/parking capabilities. 2. Layout The layout of the house is not friendly for family living with small children. The proposed addition fixes the issues of traffic flow and security. 3. Boat House The boat house structure is presented as a hardship since the property has a very steep hill on the lake side there is very little area near the lake to enjoy the lake. The top of the boat house provides an area near the lake that other flat lake lots can enjoy. It also provides secure storage near the lake for equipment used on the lake. It is too far to carry anything of size up and down the steep hillside from the garage. To remove the boat house would require significant retaining walls to be put in it's place reducing the gain in hardcover. The existing boat house is in excellent condition. Since the boat house is entirely concrete, the process of removing the boat house would cause more damage to the environment than the hardcover it creates. 4. General The proposed addition completely changes and updates the style of the existing home in line with the other houses in the neighborhood and on the lake. It also provides the means for reasonable family living. 70% of the new construction area is covered with concrete now. C recora, sucn as easements, mat you nportant. the comers of the property. I I '1,w~c.,. -l-. EXISTING~ -~ ;l I I I I I I I I I I I I I I I I I I ~ "-C ~ >--- 8§ ~ (j ~ f-.::: c'.S ~ ~ --.; ~ ~ as (j I ---IA '• r' ,-~ • I ,· ._ '-·-'- ' r •. ',' , ' :s:: I /1! / / --i·, ---.. ,'-, '-, • I -, ' , , '-~ ~ ,,l'.:-~··~;/:-l,~~~~",:~~-' ·a~~-~),_"_;, ', _,_:~-~,--t~e~-- <::l "-, , ,-,\' ~.-0~ -z'-~ I '•, 0 tl';,,<J <I I '­'­'-, I , -"-,,. --;, , , ~ ~ . ' .' I \ ' '·, ', '- / '-' ' --/ I , ' . ·:_._ .. >--:·:·::·-"--; .. / , ------" ' ' ' ' .... I ·-\ ' ---<: , ' '- 1 /1 '<•:~·: ____ ', '·LQF. \ / / I •, '-, •, • I ,' r·, ' '-/ , , --- ' , found t/2" r-, 0 z. 0 3 0 z lfl rn ~ z. GI '- / e 1-1~\wt'( nwse.. .'..L'.(((((((/ ;j (((((( \ S-~~~i~g;~ '-__ :.::_-..:--==~--~~·::~:~-~.~c~ ~~'.Z"((:~~;~~\y~,~~~";~)',cC~'1\ ', t ~ .LOT' Dr/i,, 0 DECK v :::~~~:_::_c;.~~~~=-=..-7::.:C~:'";:'=::":::l;::-:yti ;/ ------;-,-, -~,-~~\ \\\\ ~ ---I-")' I \ 1,1\\ 11\ \ ,,.,....-~--!~-, ------✓: ; \>\>'>:<, \\\\,, 11'111 ' /' .1_ (;' I ,\1\,1 1''1'~~11\111\1111 \ _.} \ \ I 1 1 11 \ I 1 11 l,1 1 k---,,.;"7"7'./,0~"7V:r:::??:77:I';\ I / , \ \ \ \ \ \ \; \ \ \ 1 1 \ l \ \ ~ \ \ \ I I ,' / I I \ \ I 1\ 1 1111 \ 1 1,\1\ < \ ,' I \ \~\I\ II\\\; : ; \ \ \ \ I I 1 1 1 1 11\\1 \1 11C:) \ \' \ I ', ;;;\1,1\11, 1,1\\\\\°;-. ' I I ' ''\\\I\\ \II I I 1-·(Ji C) \ l \ \ ) ! 1 I ' \ \ \ ,,_!,J....,:-t\ I n,,,. C) \ ' \ \ I j I ! I 1 I,.. ! ... -.... -\\I I 1 1 'VJ • \ EXISTING flW5LLING' ' '\ , __ • .-\-•, t,,, ', \ \,' ',' \ ',' 1-,,i -ls. ' \ 1 / / I I ----------; 1 , ~ 1 \ 1 1, \ \ )\ \, \ \ 1 1 "-' '°1 '\\ I I I I \ ----/ 1 / \ l J ) \ l I :: \ ::::::;:::::-::-;;:-:'::'\=":;:l:.L.4t..~:::J:;::J•::.":..·· ......... ..,.'--1'7/ , , -------1 , ,\'',,'.-,_'..,'.//,;; I , ·-------~-------.::.::. -'1 ·\, \, ~ -~\-~:~-\---/ / / I :~~--:~--~;~il;:.~- 'e ___ 2 ~'--~\ -_~1 1 I f __ ,' --'~ !_f:.-f-L~---~.§..§~ ~ ______ <'\ ' ._ , 1 I ~-----,-----I / / / / / \, "',, ~ \ \~ l\'{'~111 -.--/. ,.,,,,,,,, ··"' _____ // ,---(:,: , \ .-, , 7'>! 6 ' ; / / / 1 I I I 1\ ' / ,' / / ; : \ \ \ "\: \_I / I / I I ~.,:.....,t,--,,i 11 \ \ \ \ \ I I / ) l'.!.'__:.._;...J-,--;,-,-,,:ri :, ;~ \ \ f,'\\,, ', ' ,' , ,,, J ,~-,,--' / : 1 I! Y-,--'---=-,;:-r /;:: I; :;1 ; /{( c~nG, f / ,, / ,' \ : ifh '~l(Js./ i J ; \; '. \ , : I \ \... , lt.ri / 1 ,, ~-,. ,,. ,fCm;ret!}~ --.....-/ , 1 ,' / , 1 ; , I 1 I l I \.., ' \.J::,: ,,,."" /,,. (. ;' ~ \__ \ /.:;??7-f----.~ I / / 1· // J: II 1 I V ,,-...._'-L,'onds~ape 1with \P/as\----\ '. _ ,' , ,' ,1 I ,' 1 ,' _, \ ~ l ~ ~ ~ --275.21-­ s 89"31'56" E Found cop ,s!H2 I GRAPHIC SCALE 2~0 40 j t::J EXISTING DWELLING ( IN FEET ) ~ey was prepared by me or +o ....... ; ............ 1 n ...... .: .... ,,,.o. .......... ...t d important. ark the coq;iers of the property. rty, . as to ion ~ "'C a: >- ~ ~ (.j s K:: (3 ~ ~ --..;: ~ ~ r5 (.j Foµnd 1,m• or survey was prepared by me or d Professional Engineer and ,fMinnesota. APP l"t:¥,( 11'\P(\.e.. lf>l-~ k:iov-_J e{ev ""'1CM 9b~ / £XISTING OWE:LLING --Found cap ,S942 x __ , I I Found cop '59,12 ~ ~ ··z-1£ ~ L;f;,;·· -;r~-~--------'n ~ I ~ LOF 7 At>'P'°~ ts\-,\oc.v­ ele. ct75 EXISTING OWE:LUNG 0 r; "'e / I DICK £XIST/NG OWEILING 3 ". 9 \-t.l " )( I_ Vl'\Ale, -f(c,c;,v" vAh.c,,,i ) ~ ; "i.a~ds~o;e· ;,;h· ~lo;_ ·. --• ~ .. .. ~ • • • .. • 4 Found cop /59-1.2 Av<2.1""t:\9e.. LAl<e.shwe. S~bAtl<. old r\0-!>S.e... -· · -· · -n '2..'(\( ho,.,s. e. GRAPHIC SCALE 20 0 ~-~ 40 I ( IN FEET ) ~rdcov~V" ..\-o t,a.. remo\lctcl tt1 0 /'\ BDRM 14'8 X 15'5 CLOSET fNr/ll,N(6 ""IM6e ,,, ., IA GARAGE ' ,, 25'1 X 23' ~LO~e: ;······· Loota -., PORCH j 12'5 X 11 '4 _/ --~-~ LIVING ROOM ,.-. \< .. S' ...... ·····-··I LIV IN G AREA 21 8 2 sq ft DECK 21'8 X 11 '4 "'"·"" ........... : .. ~·· .,..,,,,,,, ,; FAMILY ROOM I / LAUNDRY 11'1 X 8'5 D F BDRM 14'8 X 15'5 CLOSET GARAGE 25'1 X 23' BEDROOM 14'5 X 15'5 toot< # ·-··71 PORCH / 12'5x 11'4 .1 -~ 7 DECK 21'8 X 11 '4 FAMILY ROOM LAUNDRY 11 '1 X 8'5 101 SECOND FLOOR PLAN 1/4"=1'-0" r FOUNDATION PLAN 1/4"=1'-0" .-..,_--=.-------··----·· -.ROOM FINISH SC~L_§_~----~ l~r--,+-----4 '"" ".",."%:C::-c-::v ,-::,_<~/-1. i\ "I: ~.:.f P,\t•:~· H ;,j-ll:_ .t:=::::;=::,-::. __ ::J~· <~-~----'~~'.r. ------J - _J ,',\:. UAb\.\.:. r-::p.µ.1 .... ,1,10 FIRST FLOOR PLAN -r *--~--n:-­ ! 1/4"=1'-0" ' I ! _J ---r I I I I I I --I I I I ! I I, ,1 · 1 j ! ! I I ~ ! u = ~ ... rl.l ~ ~ ·~ = rl.l rl.l < ~ 4: = 0 z ... Ill Ill :c 11'1 ;;; ;:: 0 "' 'j ... .,.. 0 ~ t; c:, I "' e ~ i.! .!! Ill ll ~ "' < 0 "' 'O 0 j I ~ .. c:, "' ~ e t~ n -.::j- '..0 C"") tr. tr. cl (!) ~ -0 P-i::: ~ 0 ..c: I-< u 0 V) (!) 0) -u -(!) ~ '5 -p... j >, i-. '""' ,i::, (!) i::: ..c: ~ 'U ,i::, 0 ,i::, tr. ~ -.::j-....... IQ "' 0 0 N I' N <D 0 0 I 00 0 t z z =!! ! IJ D Er ~ NORTH ELEVATION 1/4"=1'-0" l--I l ---- .,..r-'-',t-4"et><-.K1N& 1Y~x31.,~ v:v :BA.:.~n1L. . ~=~=~t::~=:,.,_'.;~:._, // 7t)~Al\5g-f~1t~Ft~\!:.f~~-/•u~'..Jf~A'lt--1,f.Nt _/ ·;~:~~/ i~'it~~_;;;t;z~:-;;;;:;'.Et~-t,~ ... " -l..)"4 Sp-lCS@J(.:.''a,c., C..awN yo t';<.1-s.1 1«1-:.f- iu;;~_i-~'~i3t.~~~~J;~;{t; WIT\-! FftA\-111,,1(., f-.MLkat<.S, 1 AND !:.X\";..T,'fRJJ<;,';'i;.', ~(lQW. PR-:Jv1C>~ o/e"s,,u,...rtti~b ~~o.FCt.\ AllP 2.'-l WA, F'r,<:.f',11,1 S.Hi 11e.1A.\. l.lN l'',.:?c~ap WAL~ f>J¾'I~ ·i:ie..:.K... EAST ELEVATION ··-·· __ -.. ;::.;.~, ?o:;1Fl::L..\, R.E•i'IJFtl. !'1~1..:-.1..:.'ut-iM:.R.1(<'.l.:.)Ht~G, ~~~~,~-,, 1/4"=1'-0" ~J-... __ .) fL'fvJ<>(I~ \">ECK. AtW l-\:'X·C·1EX 1.~~~GJ~~!~~t~u~~~rl'\1~~1{.q_iil l·<:i iC.Pf<..t•i~. VJVJ\,)':.l:;C!,,E Of-"3-/<o"'NH'..¼.. P<:.)<·.a.•T"-X 1-'1.JSi 1-A.P ,:,v;;,~ Al-4.'0 At>HC.r.:..rt I~u~f }.~1££ ~;i~!tiJ;(~ot\~ \:~t~or-111c,. Pex.·o•Tt:.x \<;f~:A'f)H.':r-..-'wa-i\~ lS FlJ~,n\SHEtt /:'tJ.J> fNS.~t:> 'e'I C\VER.'?IFl\?:'P C.OA\\N(,.'$.1\.i'-, Tc.\.• '7r.o::, 1ac >·en. rJCt sue.:...111u.1101-is ~~Jt0.J1L....hs.\2. IN \rJ,DRM "'1-i'=J::,,Ti\1=-~, ~-/t1\~qt1~'t~R u~t?.1~1i;~ Tf<.111.--· SYi "X s\/f'x 1)z·' ,,,.,i;.op DJ,,.{t(J\,1{;, ~i~T~;4i~ tt~;1M OVER, '2.0 Feq (T'lft<A\..) i I I ___ I.., ~'<..:t•:.;;, ;:',c.:.Jf. 1,11--1:<,-nYi::. \-lt.:·'": Hlf-PE.'V }l.o,::,f f'C!<.Fo!.r'Mlt~C::i i'V•li [J /~{~-~"~;r Trt~ .. '~Jt-; 1'~t::,i;.~~~~., :i.:::.,:;: FE:.~i '..lNPC-lhJ--.Yt-'\~tJl ;.!,.',-, i-'-iDtlh.~, AS?H,t.1...\ Sf-\1r-1t..LC:~. H.l:: C,,t.1'\ ;•1\fl,:(\.... l->E>RL6t.,r:.. SOUTH ELEVATION 1/4"=1'-0" WEST ELEVATION 1/4".:1'-0" 't-l·H:··;J 5~\'-.,Jll.C. \:N\KNKl. ll·•l t".;,.,\S1 'vJPLL, ~ ;;;· :: = "' "' 0 ~ "' 'i' " ~ 0 rl.l Ii ~ .: ol .... j "' ~ s .... E CJ 0 rl.l < ~ ii ~ CJ ~ ~ ~ <O 0 ., 0 .... I 0 .... -= I ~ 0 CJ ,_ .., ~ J:il. ol ~ U) s '<:j- \0 M l/) l/) ~ Cl) ~ -0 ,.Cl ·-=: ro 0 Cl) ,§ i... u 0 =: (/J Cl) Cl) ~ -0 :::I <) ·-VJ Cl) ro (I) ,§ -~ A,.. ·-0 :s >-. i... ..... i... =: "O (I) 0 =: ..s::::: ·-i:-::s u ..... :e "O 0 '"d "O ~ l/) -< '<:j-- 0 .,, "' M ,o 0 z I "' .,, 0 0 I "' ... 0 ► z .. Ill :I z Ill ~i! :z: en Q .. " ffi NORTH-SOUTH BUILDING SECTION 3/8"=1'-0" 1:~\-a;t_ATE,r., Fl:E. F,H·~.AL<_;t'",\l..:UM \/C.h\\\t,ll.;. F-FIT F/..,S\S\..'iE.t,;\O PRi::'I~ 7t,;\)\ ... E:S y{' L ~X WAL'--;.\-\i::A\\-\ \14<:, Al.·4~ i.:'.J."' fl;;'.__] U~~t,·;;p_·•J_./Ml.!NT l=O~ HETt,...t.. S\Dlt-lW --f,ltv, ,_.,,o, G.:,L·:>~FAc....\.::~y SPllT, &iyE:r, _!.'"=-Tt; sr. t'l?E. C!".>L"':),t\c.>l<..L(;AD.") Cc:,-.~ '$\.l.C v✓t-l L:.R.l::'"$c,1")\:::P,-S't:;T"' -~Tc:-::.;-:. ~l(I. \Co, 8'" t.,11 .... MCT"\:,R_, r',::r· .... p.p__ (1~1TER10{a.. CNL'·{) ,·1->-tC-. BL0-::..'f.-1t•\~. \It ~0\':T .. '" 'StAU~ U!-!P'c:R ';>T.(0L.I--LAiE. Jt:-1~·116 J,'.)1';;\, cl = ~ "' {"I} Qj .... ~ •• CJ 0 {"I} ~ ~ Qj CJ it: ~ 0 .... .... -= ~~ <t) 15 .crj <t) '.c:: (.) 0 d VJ <1) <1) "O -·--IZl <t) <1) .c:: ~ 0 ·-0 ~ ...., "O c:: d 0 c,:l ·-...., "O ·-"O "O "O <'. ~ 0 ~ z ... w Ill :c Ill ;;:; ~ "' V') I V') 0 ~ ,._ .. ;; .: "' :; e J; " ~ ~ ! ., 0 ., j 0 I 0 ... .. iii 0 "' I(\' e ~ '-0 ("") V) I.I') ~ 0 C: 0 1--< 0 d) (.) c,:l -0.. >. l,.; l,.; <t) ,!:l u 0 V) ~ - "' "' 00 I "' ~o I ., i to IE z 5il .. " .. G SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 22 S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Concrete/ Sidewalk X 242 S.F. Paving Stones X 61 S.F. E. Patio/Deck X 394 S.F. Stone Path X 107 S.F. F. Landscape X 1005 S.F. Underlain X S.F. By Plastic X S.F. G. Other boat house X 293 TOTAL HARDCOVER IN ZONE 2124 S.F. A TOTAL PROPERTY AREA IN ZONE 7596 S.F. B A 2124 -;. B 7596 X 100 28.0 % PROPOSEB HARDCOVER IN ZONE A. House X ?.,,'1.,, S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway S.F. S.F. D. Sidewa13Y-'.co~cMk :i-tl-v S.F. 1>~VII'\~ $~~ S.F. ?>Ci f E. Patio/Deck S.F. '$+,Vl.t -:ptii±:h l OJ S.F. F. Landscape 0 S.F. Underlain S.F. By Plastic S.F. G. Other b Dvt +-V\ o vt&e., 2~3 s.F. TOTAL HARDCOVER IN ZONE l 11~ fl, S.F. A TOTAL PROPERTY AREA IN ZONE 7596 S.F. B A 0 -;. B 7596 X 100 l::£2 ~ % SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250' i 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 2844 S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. c. Driveway X 2655 S.F. X S.F. D. Concrete I Sidewalk X 520 S.F. Paving Stones X 108 S.F. E. Patio/Deck X 228 S.F. Stone Path X 338 S.F. F. Landscape Underlain X 2572 S.F. By Plastic X S.F. Concrete Water Fall X 32 S.F. G. Other I Retaining Walls X 193 TOTAL HARDCOVER IN ZONE 9490 S.F. A TOTAL PROPERTY AREA IN ZONE 17868 S.F. B A 9490 B 17868 X 100 53.l % PROPOSED HARDCOVER IN ZONE ·i-B'ft../ A. House I.. .i,;:1~+i~ X S.F. Len Width V'\ew el-\.cl 5B1 S.F. 11\.lW :201',:,h I V 1;..-S.F. S.F. B. Garage S.F. C. Driveway z -r7(c"'•' . :;;, S.F. S.F. D. sidewalk L C:one re-le" t}B S.F. t s+ovu1S e') S.F. ft"I.V 4 "'!) E. Patio/Deck -1.:1...-8 S.F. ~~~ e~ 22~ S.F. F. Landscape C2 S.F. Underlain '.:p\i:tltti;, wz~,~t,,'··C,i l,t S.F. ~ fl l'f•\l'i' ,A,e, ·~y S.F. G. Other i'·'~ \' t{ . \,lij\~~\.t, \J!ltV ., t")3 "' TOTAL HARDCOVER IN ZONE ·&~l}q If" S.F. A TOTAL PROPERTY AREA IN ZONE 17868 S.F. B A 0 ~ B 17868 X 100 .!!/1 ~ % SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250 1 • 250-500'1 500-1000' EXISTING HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X .,/!Id" S.F. C. Driveway X '6 z.b S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE 328 S.F. A TOTAL PROPERTY AREA IN ZONE 2129 S.F. B A 328 + B 2129 X 100 15.4 % PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X ~i,,g S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE ~.,-".e If S.F. A TOTAL PROPERTY AREA IN ZONE 2129 S.F. B A 0 + B 2129 X 100 1-r,q D~rti % SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' i 500-1000' i EXISTING HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0.1 S.F. B A 0 + B 0.1 X 100 o.o % PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width S.F. S.F. S.F. B. Garage S.F. c. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0.1 S.F. B A 0 B 0.1 X 100 o.o % (1) 0 0 .... , ,, _____ / -✓----- Hennepin County Taxpayer Services Department ' '., / PRUCEPL "I" (0 ' 2~b.?J M: r--: ~~ 139 1 i\ (21) : 143.21 ' ' '' 'i 3 (22) 147.83 4 (23) -----,, 150.15 --, 0 l.C) 0 l.C) 5 152.46 6 (24) 154.77 '/ ,, 7 ,., --· 157.08 .,,. ,,, ~ .... " ,, , ' ' 191.72 / 11 ~/ (26) 217 , 0 12 l.C) co 2 C'\I 0 0 (81) 0 co l.C) l.C) -.J " '' ' ' ' 230 N ' . ' ·' >-0 ,, 3 O ', " l.C) 235 lO \ a: 0 a: 4 l.C) 0 UJ l.C) " '' 240 I :c ' ' ' 5 '' 0 (.) 0 ,: (15) LAKE l.C) l.C) 0 . MINNETONKA l.C) " 0 , ' <: ' l.C) 0 0 l.C) __ , l.C) 0 ', l.C) ,, 242.3 ( v CHERRY AVE 168.65 144.65 Parcel Information Parcel ID 0811723330016 House Number 1450 Street Name CHERRY PL This is not a legally recorded map. It represents a compilation of information § ~ n R;l•.',J\----'a""'n ~!l--a_ta _fr,-J;l.,'""'-'"'""·""---c-ou_n_ty_, a_nd_S_ta_te_r._oa_d_a_uth_o_rit_ie_s a_n_d _ot_he_r _so_ur,_ce_s_. __J RUN DATE: 5/16/2006 38 0811723330015 PROP ADDR 1430 CHERRY PL OWNER NAME GLENN D SOLIE TAXPAYER NAME/ADDR GLENN D SOLIE 1430 CHERRY PL MOUND MN 55364 38 0811723330018 PROP ADDR 3928 CHERRY AVE OWNER NAME DONALD R O'REILLY & WIFE TAXPAYER DONALD R O'REILLY NAME/ADDR 3928 CHERRY AV MOUND MN 55364 38 0811723330022 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME E ALLEN AND CAROL A SCHMIDT TAXPAYER NAME/ADDR E ALLEN AND CAROL A SCHMIDT 1415 CHERRY PL S MOUND MN 55364 38 0811723330025 PROP ADDR 1475 CHERRY PL OWNER NAME JANET R PIPER TAXPAYER GEORGE F & JANET R PIPER NAME/ADDR 1475 CHERRY PL MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0811723330016 PROP ADDR 1450 CHERRY PL OWNER NAME TM SCHAIBLE & M L SCHAIBLE TAXPAYER NAME/ADDR TODD & MICHELLE SCHAIBLE 1450 CHERRY PL MOUND MN 55364 38 0811723330019 PROP ADDR 3926 CHERRY AVE OWNER NAME AC PURVEY & DJ MARKUS TAXPAYER ANTHONY PURVEY NAME/ADDR DENISEMARKUS 3926 CHERRY AVE MOUND MN 55364 38 0811723330023 PROP ADDR 1435 CHERRY PL OWNER NAME EVANS JOHNSON ETAL TAXPAYER NAME/ADDR EV ANS JOHNSOW 1435 CHERRY PL MOUND MN 55364 38 08 I I 72333008 I PROP ADDR 1410 CHERRY PL OWNER NAME TO WILBUR & AT WILBUR TAXPAYER THOMAS O & ANNE T WILBUR NAME/ADDR 1410 CHERRY PL MOUND MN 55364 38 0811723330017 PROP ADDR 1470 CHERRY PL OWNER NAME RONALD D BARTZ TAXPAYER RONALD D BARTZ NAME/ADDR 1470 CHERRY PL MOUND MN 55364 38 0811723330021 PROP ADDR 1415 CHERRY PL OWNER NAME EA SCHMIDT & CA SCHMIDT TAXPAYER NAME/ADDR E ALLEN SCHMIDT 1415 CHERRY PL S MOUND MN 55364 38 08 I I 723330024 PROP ADDR 1445 CHERRY PL OWNER NAME MARK R DONGOSKE TAXPAYER MARK R DONGOSKE NAME/ADDR 1445 CHERRY PL 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 TAXPAYER S~IC DEPARTME,N~ TO~ B~: OF MY KNOWLEOOE AND BELIEF.DAT~· 1/ 0 c'.70 BY ( I « V V :), -><:<::::: -; .,,. ( / / / "7 ~~ PAGE: 1 \-4 . -_.;... } . [Qrtherly of Westerly extension of iil'est corner of said Lot 6 to above legal description. The own, which is a legal matter. with competent legal counsel, if ecord, such as easements, that you portant. 1e comers of the property. "<.. ct >- ~ ~ (.j A cXISTING OWcll/NG 63 f,.:::'. (5 ~ \1 o~• oSG ~oS· \,o;\'I' ~ ~ "' 15:! ~ ~ Foun_d 1/2" \ I I 11 o us LOT 0/!CK cXISTING OWclLING x -x Orive 435"~~/ / Rt'l'l'tolie.L' . L -., cX/STING OWcll/NG Concrete Cone. 7 n Concrete ...\ .,\ :\ '.;;m;?ca~ ~~~ ~ ~ <;~aria.?"'~-\,.,, ~WloJ~i l{L/-:S:'S~ ( ~s~ 1:.S ,i-2.-d ,oot\€ \ \_ /07 '::f-;,, o-7<;1 ;co,,e. J Found cap /59,1,2 landscape with plas. ~ ~ ~ l ~ ~ ~ Found cop ,s9,1,2 SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 22 S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Concrete I Sidewalk X 242 S.F. Paving Stones X 61 S.F. E. Patio/Deck X 394 S.F. Stone Path X 107 S.F. F. Landscape X 1005 S .F. Underlain X S.F. By Plastic X S.F. G. Other boathouse X 293 TOTAL HARDCOVER IN ZONE 2124 S .·F. A TOTAL PROPERTY AREA IN ZONE 7596 S.F. B A 2124 ~ B 7596 X 100 28.0 %- PROPOSED HARDCOVER IN ZONE A. House X 22-S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway S.F. S.F. D. Sidewalk ) sJew<t\~ ,z_y.,,v· S.F. ?cw,~ "S~~s 0 S.F. E. Patio/Deck 3:}~ S.F. ~v--tp"-t'lt-.. 0 S.F. F. Landscape 0 S.F. Underlain S.F. By Plastic S.F. G. Other k-~ ' \.\ov15'e-'299 TOTAL HARDCOVER IN ZONE gsl :/jj' S.F. A TOTAL PROPERTY AREA IN ZONE 7596 S.F. B A 0 ~ B 7596 X 100 I 2 °7~ ~ %- SETBACK ZONE: (CIRCLE ONE) 0-75'1 75-250' i 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 2844 S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. c. Driveway X 2655 S.F. X S.F. D. Concrete/ Sidewalk X 520 S.F. Paving Stones X 108 S.F. E. Patio/Deck X 228 S.F. Stone Path X 338 S.F. F. Landscape Underlain X 2572 S.F. By Plastic X S.F. Concrete Water Fall X 32 S.F. G. Other/ Retaining Walls X 193 TOTAL HARDCOVER IN ZONE 9490 S.F. A TOTAL PROPERTY AREA IN ZONE 17868 S.F. B A 9490 ~ B 17868 X 100 53,1 % PROPOSED HARDCOVER IN ZONE 2-R<-f't. A. House £t, i~TIAI~ X S.F. Length Width t_J.gw ENt.1...0~~tlE ~B~ S.F. ~,;::;,w 2DIU .• Jf /O"k:::. S.F. S.F. B. Garage S.F. c. Driveway '7--1--1.-o S.F. S.F. D. Sidewalk /t{)>'1C-r.t-k,_ t+e S.F. -pq_ I" I AJ $ \_o !1\5 S.F. E. Patio/Deck 1--Z--f S.F. 5-toN P""-'t½ S.F. F. Landscape C) S.F. Underlain '.t lct.c~1e, S.F. Jil;[III ll'l!!'iiiif i ► ll:1~1A~nA t I 2;.v S.F. G. Other ~J~Ml~ Wet {j 1q3 ...; TOTAL HARDCOVER IN ZONE 02.S~ t@' S.F. A TOTAL PROPERTY AREA IN ZONE 17868 S.F. B A 0 ~ B 17868 X 100 35 °7{;)_ ~ % SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' • 250-500'1 500-1000' EXISTING HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X 328 S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE 328 S.F. A TOTAL PROPERTY AREA IN ZONE 2129 S.F. B A 328 ~ B 2129 X 100 15.4 % PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE '3'2--B ~ S.F. A TOTAL PROPERTY AREA IN ZONE 2129 S.F. B A 0 -;. B 2129 X 100 ls.lf 0lo -ea:o % SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' i 500-1000' i EXISTING HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0.1 S.F. B A 0 + B 0.1 X 100 0.0 %- PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width S.F. S.F. S.F. B. Garage S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X TOTAL HARDCOVER IN ZONE 0 S.F. A TOTAL PROPERTY AREA IN ZONE 0.1 S.F. B A 0 + B 0.1 X 100 0.0 %- ZONING FILE #06-3215 CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 19, 2006 TO: Todd and Michelle Schaible 1450 Cherry Place Mound MN 55364 TYPE OF REQUEST: Variances DATE OF MEETING: July 17, 2006 COPIES: Planning Commission tabled consideration of your request to allow receipt of additional hardcover information. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is tentatively*: Planning Commission -August 21, 2006 Meeting starts at 6:00 pm *To be on the August 21 Planning Commission agenda please submit your revised calculation before August 1. Because it will not be possible to complete consideration of your request within 60 days of the date the application was complete (June 19, 2006) the City hereby extends the time allowed for consideration for an additional 60 days, until October 17, 2006. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952.249.4623. Date Application Received: 6/19/06 Date Application Considered as Complete: 6/19/06 60-Day Review Period Expires: 8/18 /06 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner July 17, 2006 #06 -3215 Todd and Michelle Schaible, 1450 Cherry Place -Setback, Hardcover and Lot Coverage Variances -Public Hearing Zoning District: LR-lB Lot Area: 29,527 square feet Lot Width: 100.49 feet FILE#06-3215 July 17, 2006 Page 1 of 4 Application Summary: The applicants request the following variances to allow construction of an addition to the street side of their residence: Hardcover variances to allow 11.7 percent hardcover in the O -75 foot zone where no hardcover is allowed and to allow 36 percent hardcover in the 75-250 foot zone where 25 percent is allowed. Average lakeshore setback variance to place the addition closer to the lake than the average lakeshore setback. Staff Recommendation: Planning Department Staff recommends approval of the average lakeshore setback and approval of a modified 0-75 foot hardcover variance. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be place, located or constructed within 75 feet of the OHWL of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. FILE #06-32 15 July 17, 2006 Page 2 of 4 Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. List of Exhibits A. Application B. Hardship Documentation Form C. Existing Conditions D. Proposed Plans and Elevations E. Submitted Hardcover Calculations (existing only) F. Submitted Hardcover Calculations with Proposed Hardcover Calculations added by Staff. G. Plat Map H. Property Owners List Background The house was constructed in 1971 as an L-shaped walkout rambler. In 1981 an addition to the south side made the house U-shaped. The proposed addition would fill in the U. It would be two stories. Except for a deck no living space would be added over the existing house. A comer of the house and about half the screen porch and deck lie within the 75 foot setback. There is no survey on file from the time of construction of the house. The survey for the addition does not show the porch and deck although they are clearly shown on the 1981 building permit plans. Originally the house had two bedrooms on the main level and no internal connection between the living area and the garage. At some point the bath was expanded into the second bedroom and a door into the garage was added, leaving the remainder of the second bedroom as a large closet. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 1 acre .68 acre Lot Width 140 feet 100 feet Setbacks: Required Existing & Proposed Street 30 feet 140.9 feet Lake 75 feet 68 feet North Side 10 feet 14.3 feet South Side 10 feet 15.4 feet Structural Covera2:e: Allowed Existing Proposed I 4,429 s.f. (15%) 3, 662 s.f. (12.5%) 4,359 s.f. (14.8 %) I Hardcover Calculations: Hardcover Zone Total Area in Allowed Zone Hardcover 0-75 7,590 s.f. 0 s.f (0%) 75 -250 17, 808 s.f. 4,452 s.f. (25%) 250 -500 2,129 s.f. 639 s.f. (30%) Existing Hardcover 672 s.f.* (8.8 %) 7,176 s.f.* (40.3%) 328 s.f. (15 %) FILE #06-32 15 July 17, 2006 Page 3 of 4 Proposed Hardcover 672 s.f. * (8.8%) 6,398s.f. * (35.9%) 328 s.f. (15 %) * After exclusion of steps to lake and fabric or plastic-lined landscape beds. The survey indicates there are large areas of landscaping underlain by plastic weed barrier. What it does not show is the mortared stone edging and low retaining walls around some of these beds. Staff is clarifying if they are to be removed as this would change the proposed hardcover calculations. There are flagstones in the landscape area alongside the house. They would have to be removed as well as the plastic. The concrete walk between the paver walk and the lakeshore is actually steps. Except for the portion between the boat house and lake they were excluded from hardcover. Average Lakeshore Setback Variance The entire house is forward of the average lakeshore setback. Although the new house recently approved for the lot to the north will be farther from the lake than the old one it did not substantially change this setback as the house to the south is about 175 feet from the lake. Hardcover Variances No change is proposed in the hardcover in the Oto 75 foot zone. The amount of hardcover in the 75 to 150 zone would be reduced by removing a paver walkway around the front of the house and a portion of the driveway. Most of the area that would be covered by the addition is currently sidewalk. The existing house/deck/porch, a minimum amount of driveway and a minimum sidewalk to the front door would result in about 32 percent hardcover in the 75 to 250 zone. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds hardships exist that warrant approval of the average lakeshore setback variance. The house was constructed before there was such a setback and the house to the south is unusually far from the lake because of the topography of that lot. It is also 10 to 15 feet FILE #06-32 15 July 17, 2006 Page 4 of 4 higher than the applicants' house. The addition would not impinge on direct lake views from either house. The applicants approached hardcover from the standpoint of maintaining the same amount of hardcover as currently exists. Staff approached hardcover from zero and considered what was the minimum amount required to make reasonable use of the property. Staff finds that hardships exist that warrant approval of a setback and hardcover variance for the portion of the deck, porch and house within 75 feet of the lakeshore. Their current illegal status could be a hindrance to selling or refinancing the property. This would result in 297 square feet or 3.9 percent hardcover within the Oto 75 foot zone. If this hardcover added to the hardcover in the 75 to 250 zone the result would be 37.6 percent. The other hardcover in the O -7 5 foot zone is in staffs opinion unnecessary except for the required three foot square landing at the lower level door and the steps to the lake. Before the 75 to 250 zone hardcover variance can be considered the hardcover calculations must be clarified to determine if the rock edging and walls would stay or be removed. Issues for Consideration In reviewing the hardcover variance for the 75 to 250 foot zone the Commission should consider if the additional living space is necessary and if proposed plan is the appropriate way of providing it. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance and approval of setback and hardcover variances for the portion of the existing house/porch/deck within the 75 foot shoreline setback. If clarified hardcover calculations are not available prior to the meeting the Commission should table the item. ST3AG<: ZON..:.; (ClRCLl '{E) (0 E:,'{T~G E!,_R1JCO',~ P.i ZO?'t7:'. A .. Ec~e f?io :, \- 1-\v~:,l.- C. Driveway D.. Siiiewaik to1Kce k E. PatiotDeck F. Landscape Underlain By Pla..~c G. Other X X ;c X ;:: X X X JC . TOT AL HARDCOVER. IN ZONE TOTAL PROPERTY AREA 1N ZONE = A B _____ X 100 = 5GC-;.iJOiJ' ' -....,_,. s-.=- s_-=. '= _ ..... s~==. s..: .. S.?. si=. S.F. S..F. S..F. 1005 S.F .. S..F. S.F .. S.F .. J6CJ3 S.F. __,_z-1-=15c.....9.,_c><--· --,--S.F .. ___ a,__._-=Z:...?"--_% A B (P.t>b4i::O ~'( STA¥F f;AS1c:.D ON .111lR>HprTIO~ f>'~u1C>"bC> ~If += PROPOSED HARDCOVER IN ZONE A. House _______ ,: = 1,.. ,Z,. S.F. /\RC..~l\C::c.-r) B.. Garage C. Driveway D .. Sidewalk E .. Pm:io/Dcl ,:' G.. ~.-1c:~ Unde::-fai1 By Plastic Othe::- A n. L:ngrh W 4 t hw SJ2.--x X X X X X X X Wicitfl X X -'!------ X X TOTf\..L EARDCOV =...--<.. IN ZO'N"'E TOT AL ?R.OFE..~TY ,¼ ___ -q£-'\ IN ZOl'i.=. B x. 100 11 = = €/f3 S..F. ______ S..F.: ------'· S .. F. ~ .. ·S.F. S .. F. S.F .. Z-'lB S..F. S..F. Z.1S: S.F. S.F. S.F. -.,-. .::, . .t .. S.F. S.F. ~e,e, . ,~ . ~.r. A 7 5 ~Q ,=:;:-B ~-· . I I . J % 5T3AC< ZONZ: (CIRCLE ONE) 0-7.5" 8 ZSD-~0O' 5"uC-:.GOO' E~""I-~G E.!.:wCff1,7R ~ ZO:"t~ .. .;._ Hcu..se :;::: --Z./34lt ' - 'rr;c:.'; :;::: s_.=_ ~ ~..?. ., -~ = ' -........ B. C-ar4e :;::: s~-r=_ C. Drive·way :;::: ---z..655 ~..F. ;c 53. D. Siciewaik X = i'149 S.?. Co.it..<1'.k .. X S.F. E PariotDeck X 2 "Z.8 S.F. :;::: = S..F. F. Landscape X = ·-z.. 3 02-S.F. Underlain X S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE ~ t.(?·f':. S.F. A TOTAL "PROPERTY AREA IN ZONE !"7i BtB S.F. B A ______ ..,.. B _____ x 100 = _j:/,ff % -~ 6':3.'2.3 - PROPOSED HARDCOVER IN ZONE (At:>l-:>tb l'< S7"Af~ '8-1'6e.O al'L JNF~~f1ATIOij _ l"'1,0v1\)~ ~'f -A~c..\-{\ 'fe::_1) A. House C,:Ns.hn<?t x .. = ~B:f:~ S.F. . L::ngtb Width nw f&.\0 5td x ·_____ S B 9 s.F. ,ie,J ::f?OO;,h X -----= JO z... S..F.~ R Garage C. Drive,way D. Sidewalk E-Patio/Deck. T: r., ..... ...:rc:~ --.--r-., Unde:-fain By Plastic G. Other- X X X X X X X X _, _____ _ X X X X TOT AL F..ARDCO"Va IN ZON""E TOTAL PR.OFER.TY .AR.EA IN ZON.1:: .. .,.. B _____ x 100 11 = = ... = . S.F. ... .f : -;, -S.F. 2.'">75° S.F .. S.F. (o 0 S.F. S.F. z..z.e S.F. S.F .. S.F. _.,.. .::,..r. S.F. S.F. <,3 'f8 ! S.F .. S..F .. .35 -9 % A E ST3AC:< ZONZ; (CBCL.E 0.N'"E) -~--Y~G E.!.~COv~R p; ZO"<""'S A. H:::use C. Driveway D. SiciewaL'< E. Pati01De--Jc F. Landscape Underlam By Plastic G. Other X X X ;:: X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPER1Y AREA IN ZONE = = = = A B _____ X 100 = PROPOSED HARDCOTIR IN ZONE A. House _______ x Length B. Garage C. Driveway D. Sidewalk . x X X X: X X X Width E. Patio/De:k. X X ~------- "C' r ~,..,,.;<:.r-:Tfl,a ____ :" .. Under!ai. By Plas::ic G. Other X X -... TOTA.I. EA.RDCOVER IN ZON.c TOTAL PR.OFER.TI AREA IN ZO°N"E = = = = A _______ B _____ x !CO = ,.... --_ ....... 11 i S.?. ~---s.:_ "-= ....... ,= wJ.. s~. S.:. S.r. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F . S.F .. .S.F. ;.._. '> -;, ·S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. :;2 .. S.F. S.F. , S.F. A ,;::;:---·. B % I '2. 51:..(1'10\-J Tt\RLI ENYRANCE ATC.CLl.lMt.JS S ,1.,," a 1'.o" l·V..\l. tlE-LK /,:11> '.',()01) 1~LJ,,if:. /,SE.C.U~.E:-L't \C l-.'./,L, STVRMfr,YOf' f'f~L·f\11. 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(ON SUL i,L.11\'-'..· '7~ 1-~ct<:>·'(~6,J e; = ~ "' C'IJ ~ .... C'CI .... ~ 0 C'IJ C'IJ -< C'IJ ~ ~ ~ ~ 0 .... ! -5 -< C1) -..0 ·-ro Cl) ..c:: u u t:: U"l C1) C1) "O ::::I ·-C1) <Zl C1) .c:: 0:::: u j 0 ..., t:: "O ~ 0 C':I ·.;:: ·-"O "O "O "O < ~ 0 i.r) z ... ... ... :c Ill ~ ;;; i: "' ~ "' "' 0 ~ i:;: C< ~· ., .e s 'ii· ~ " &l ll 5 "' < 0 "' 1 0 I 0 i:;: lil "' 0 "' "' ~ "tj- \0 M tr) tr) i::: ~ 0 t:: 0 i-.. 0 <l) u ro -11,. >. i-.. i-.. C1) .c:: u 0 tr) "tj-...... """ 00 JN "'0 o· I ., ci,. z .. IE Z 5d " ... " HENNEPIN COUNTY TREASURER A 600 Government Center Minneapolis, Minnesota 55487-0060 FEE TRANSACTION INVOICE Name Todd Schaible Firm Address: Serviced issued by: John Bengtson Fund 10 Account 44130 Center 671500 Invoice Number No. of Units 11 Rate $1.25/Unit Total $ 25.00 Detail of service performed 1450 Cherry Place 150-foot list Date: Make checks payable to Hennepin County Treasurer and mail or deliver to Fee Cashier, A 600 Government Center, Minneapolis, Minnesota 55487-0060 FEE AUTHORITY 5/16/2006 The charges made hereon have been levied pursuant to Chapter 692, Laws of Minnesota,1969, which gave authority to the Hennepin County Board of Commissioners to set fees for certain services provided by departments of the county. Copy 1 -Customer n STATE OF MINNESOTA) 55. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn or.J,f '. nancial Officer of the newspaper known ai, and has full knowledge of the facts stated :• . . ·~ (l\) The newspaper has complied with all c:·.:,,_ qualified newspaper, as provided by tv­ able laws , as amended. (8) The printed public notice that is attac •. week, for __Q!}JL_ successive week(s):;./~ of July , 2006, and was th €,;~~~~­., .. ( to and including Thursday, the __ ,:.~,;,"1.-f ~: .}.•:,:·' a copy of the lower case alphabet fr01··, ··.,,ti. edged as being the size and kind of ty , {iJ,. notice : Subscribed and sworn to or affirmed befc , .. (1) Lowest classified rate paid by commi;,:, for comparable space (2) Maximum rate allowed by Jaw (3) Rate actually ~harged -. -~le, L~H3z~ing t khbwn-as ~ -·.19,;t"·M_at1or..: ttmg-ol'tl,elr ' ; -~O, bu!lding . ~ : ...... '· . Cl --- newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as _______ S_u_n_-S_a_il_o_r _____ _ and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331 A.02, §331 A.07, and other applic­ able laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for ._QIJsL_ successive week(s); it was first published on Thursday, the _6_ day of July , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the __ day of ____ _, 2006; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl­ edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY~ CFO Subscribed and sworn to or affirmed before me on this __ 6_ day of July . 2006. N/Jqey~- MARY ANN CARLSON NOTARY P\J8UC-MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ __ ___,2=·=85"--"'p=er'-'l,.,_in=e $ __ ___,6,,_,_.2=0"-""p=er'-'I-"-in=e $ ___ 1_.3_0_p~e~r l=in=e STATE OF MINNESOTA) COUNTY OF HENNEPIN) s . Richard Hendrickson, being duly sworn on an nancial Officer of the newspaper known as and has full knowledge of the facts stated bel (A) The newspaper has complied with all of th qualified newspaper, as provided by Minn. able laws, as amended. (8) The printed public notice that is attached week, for __QJJL successive week( s); it wa~. of August , 2006, and was thereaft to and including Thursday, the __ day of a copy of the lower case alphabet from A edged as being the size and kind of type notice: BY: Subscribed and sworn to or affirmed before on this -1.Q_ day of AU!=JUSt , 2006 . 1h f{l,_,-(J;l,_', NotJ~ ...,_ .......... -~-~-~-e MARY ANN C · ance .cir .ai s rue NOTARY PUBLIC-· " · · · ·. ·. . · . · · . · · .. ck of_30 ., MY COMMISSION fe.etaod ;] "cl<'oi/'34'' .tlfQces.to;1 l wheri725%,, 500,100! zone.• RATE INF __ ,.·;•~)L~:.;:; ., . tt!ef.tR-1C: . .1 zci_~Jog di_s . :i:rtjlily-'Ela.semehts that (1) Lowest classified rate paid by commercial cros5tlie'p·rop'ectytoallci:,vconstruction•cifan addition to the for comparable space e~is~-~g r:_si~e.~,ce. '·c.'.¥:',1'',J<i)ii t'"',' ·f·.i,,..,..,,·:1:,.;. (2) Maximum rate allowed by law (3) Rate actually charged . #0!l:3223 Michael ·an.ct,· Stach ia"'fey;" 157,0 . Long.5Liike Bouley~r:d. ,,tR,!A .zoning·.:district ._·request the followiflg variances'ii:rorder'(o construct•i rep lacS:merit:resldence: A, I ~qre'.:,vt);enJwo asres is:,req·gi(ed_t !! 'lot,wi_dth. :;,: ~r.,>~.Y~ •~\ M·" ~-M-,.: · '' ~ · .. · ~· 4_; 4:' ,t.,. · ' ' · '· · '' '.)}. . :~ :~~K ~-f,;,:":~r 1.' STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) C_UN ------------ newspapers AFFIDAVIT OF PUBLICATION Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as _______ S_u_n_-S_a_i_lo_r _____ _ and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic­ able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for~ successive week(s); it was first published on Thursday, the __1Q_ day of August , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the __ day of _____ , 2006; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl­ edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY~ Subscribed and sworn to or affirmed before me Notar0 u MARY ANN CARLSON NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-:11-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ __ _,2=·=85"'-"'p=er'--'l"'-in=e $ __ __,6,,..,..2=0"'-"'p=er'--'l"'-in=e $ ___ 1~-~30"---"'p~e~r =lin=e STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #06-3215, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this J1h day of July, 2006 . t.L~ Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, July 17, 2006, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: #05-3102 #05-3147 #06-3180 #06-3184 #06-3206 #06-3209 #06-3210 #06-3211 Stonewood Design Build, 920 Brown Road South, RR-lB zoning district, requests approval for revisions to the side setback variance approvals granted in 2005 for construction ofa new residence located 20' from the side lot lines where a 30' setback is normally required. Steven and Janna Sundby, 3587 North Shore Drive, LR-IC zoning district, request a conditional use permit and variances to allow the construction ofretaining walls located less than 75' from the lakeshore. Bruce Schmitt on behalf of William Ulrich, 2280 French Creek Circle, RR-lB zoning district, requests a variance from the 150' lake setback in order to construct a garage and home addition located completely within the 150' lake setback. Paul Thomas Hornes, 2695 Casco Point Road, LR-IC zoning district, requests lot width and lot area variances to permit construction of a new residence on an existing lot 0.4 acre in area where 0.5 acre is normally required and a width of 60' where 100' is normally required and a hardcover variance within the 75'-250' zone to exceed the 25% level that is normally allowed. Ken and LoriJean Anderson, 4225 Forest Lake Drive, LR-1 B zoning district, request variances to allow 32.6 % hardcover in the 0-75 foot zone where 39.9 % currently exists and no hardcover is normally allowed, to allow 42% hardcover where 43% currently exists and 25% is normally allowed, to allow structural lot coverage of27 .1 % where 28% now exists and 15% is normally allowed, to allow a structure 25 feet from Forest Lake when a 75 foot setback is required, and to allow the garage to have a five foot setback from the side property line when a ten foot setback is required. The purpose of these variances is to allow a second story to be added to the existing structure and the garage enlarged to three stalls. Landscaping Plus on behalfofWendy McLaughlin, 1180 Phillips Drive, RR-JB zoning district, requests a conditional use permit for land alterations within a protected wetland. Steven Webster and Kent Larson, 500 & 540 Orono Orchard Road South, RR-18 zoning district, request a subdivision of a lot line rearrangement to allow for a new driveway access to Orono Orchard Road for the 540 property; also proposed is a vacation of the 12-foot wide alley located within Block 13, Minnetonka Bluffs, from Dickenson Street to Fox Street. Ted Capra, 3534 Ivy Place, LR -1 C zoning district, requests a hardcover variance with in the 75' -250' zone to allow 31.7% hardcover where 25% is normally allowed in order to build a new residence on the property. #06-3212 #06-3213 #06-3214 #06-3215 •. #06-3216 #06-3217 #06-3218 #06-3219 #06-3220 Hempel Properties, NW corner of Willow Drive and Highway 12 (Out lot A , Stonebay), PIN #33-l 18-23-11-0060, RR-lB zoning district, requests a commercial site plan review, rezoning, comprehensive plan amendment, and subdivision in order to develop two mixed-use office/retail buildings on this 3 .7 acre site. Steven and Stacy Sapletal , 2575 Thoroughbred Lane, RR-lB zoning district, request a conditional use permit to allow the installation of plumbing including a toilet and shower wi t hin an accessory pool house structure. Rudy Wicklander Homes Inc ., 3345 Crystal Bay Road , LR -1 C zoning district, requests the following variances and a conditional use permit in order to build a new residence : a lot width and a lot area variances for a property 6 ,244 s .f. or 0 .14 acre in area and 50 ' in width where 0.5 acre and 100 ' in width are normally required , a lake setback of 62' where 75 ' is normally required, a side street setback of 8' where 15 ' is normally required, a rear yard setback ofl O' where 30 ' is normally required , a0-75' zone hardcover variance to allow 38% hardcover where 0% is normally allowed and a 75'- 250' zone hardcover variance to allow 45.5% hardcover where 25% is normally allowed as well as a conditional use permit to conduct minor grading within 75 ' of the OHWL in order to build a new residence. Todd and Michelle Schaible , 1450 Cherry Place, LR-lB zoning district, request the following variances to allow construction of an addition to the street side of their residence: Hardcover variances to allow 25 percent hardcover in the O -75 foot zone where no hardcover is allowed and to allow 36 percent hardcover in the 75-250 foot zone where 25 percent is allowed. Average lakeshore setback variance to place the addition closer to the lake than the average lakeshore setback. Structural lot coverage variance to have 15.83 percent of the lot covered by structures when 15 percent is allowed . John Holm , 1485 Bay Ridge Road, LR-IA zoning district, requests a renewal of a side setback variance granted in 2003 in order to construct an attached garage addition 1 O' from the side lot line where a 30 ' setback is normally required. Aulik Design Group , 865 Ferndale Road West, LR-IA zoning district, requests a lake setback variance to allow the addition of a second story over the garage portion of the house when the entire house is within the 0-75 foot zone where no structures or hardcover is allowed. Kerry & Kiann Nassauer, 145 Manor Circle, and Julie Morrison-Arne , 130 Manor Circle, RR-lB zoning district , request vacation of the public street known as Manor Circle dedicated in the plat of Countryside Manor 2nd Addition, and request approval for replatting of their respective properties and Manor Circle as two building lots and a private road outlot. Edson W. Spencer, 1135 Spring Hill Road, LR-lA zoning district, requests approval o f a Class II subdivision to create one add itional residential building lot. Herb Baldwin on behal f of Jule and Elizabeth Hannaford , 1220 Bracketts Point Road, LR-IA zoning district, requests 0-75' and 75'-250' zone hardcover and lake setback variances in order to rebuild an existing deck on the property resulting in a net reduction of hardcover in both zones . 2 #06-3221 Sean and Nicolie Wheeler Hendrickson, 1580 Long Lake Boulevard, LR-lA zoning district, request the following variances in order to construct a replacement residence: Lot width and area variances for a lot that is 99.39 feet wide and 8,910 square feet in area when a width of200 feet and two acres is required. Structural lot coverage variance for a structure of 1,673 square feet when 1,500 would be allowed. Setback variances to allow a front setback of30 feet when 50 feet is required, side setbacks of 6.0 feet and 11.3 feet when 30 feet is required and a rear setback of 34 feet when 50 feet is required. Hardcover variances to allow 2 7 .31 percent hardcover in the 7 5 -250 foot zone when 25 percent is allowed and 50.92 percent hardcover in the 250 -500 foot zone when 30 percent is allowed. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by July 13, 2006 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: P~anning Commis:ion y ~-Jl ~~ff- Michael P. Gaffron, B-lantf?i;g Director / To be published in the Sun Sailor on July 6, 2006. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office 3 RUN DATE: 5/16/2006 38 0811723330015 PROP ADDR 1430 CHERRY PL OWNER NAME GLENN D SOLIE TAXPAYER GLENN D SOLIE NAME/ADDR 1430 CHERRY PL MOUND MN 55364 38 0811723330018 PROP ADDR 3928 CHERRY A VE OWNER NAME DONALD R O'REILLY & WIFE TAXPAYER DONALD R O'REILLY NAME/ADDR 3928 CHERRY AV MOUND MN 55364 38 0811723330022 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME E ALLEN AND CAROL A SCHMIDT TAXPAYER NAME/ADDR E ALLEN AND CAROL A SCHMIDT 1415 CHERRY PLS MOUND MN 55364 38 0811723330025 PROP ADDR 1475 CHERRY PL OWNER NAME JANET R PIPER TAXPAYER GEORGE F & JANET R PIPER NAME/ADDR 1475 CHERRY PL MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM ·PAGE: i PROPERTY OWNERS LIST 38 0811723330016 38 0811723330017 PROP ADDR 1450 CHERRY PL OWNER NAME TM SCHAIBLE & M L SCHAIBLE TAXPAYER TODD & MICHELLE SCHAIBLE NAME/ADDR 1450 CHERRY PL MOUND MN 55364 38 0811723330019 PROP ADDR 3926 CHERRY AVE OWNER NAME A C PURVEY & DJ MARKUS TAXPAYER ANTHONY PURVEY NAME/ADDR DENISE MARKUS 3926 CHERRY AVE MOUND MN 55364 38 08 I l 723330023 PROP ADDR 1435 CHERRY PL OWNER NAME EV ANS JOHNSON ET AL TAXPAYER EV ANS JOHNSOW NAME/ADDR 1435 CHERRY PL MOUND MN 55364 38 0811723330081 PROP ADDR 1410 CHERRY PL OWNER NAME TO WILBUR & AT WILBUR TAXPAYER THOMAS O & ANNE T WILBUR NAME/ADDR 1410 CHERRY PL MOUND MN 55364 PROPADDR 1470 CHERRY PL OWNER NAME RONALD D BARTZ TAXPAYER RONALD D BARTZ NAME/ADDR 1470 CHERRY PL MOUND MN 55364 38 0811723330021 PROP ADDR 1415 CHERRY PL OWNER NAME EA SCHMIDT & CA SCHMIDT TAXPAYER E ALLEN SCHMIDT NAME/ADDR 1415CHERRYPLS MOUND MN 55364 38 0811723330024 PROP ADDR 1445 CHERRY PL OWNER NAME MARK R DONGOSKE TAXPAYER NAME/ADDR MARK R DONGOSKE 1445 CHERRY PL 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 TAXPAYER s:&1c i DEPARTM~ TO .,., OF MY KNOWLEOOE AND BELIEF.DAT ~~ BY ( / I e v v 3 = . ? T . ._J ~ .. \9_:_r ~ 1; l1,. t ., 1, P'~~ -:1 ·; t TRACKING SHEET FILE NO. 06-3215 Staff: £k: SITE ADDRESS: 1450 Cherry Place Applicant: Todd M. & Michelle L. Schaible Owner: Todd M. 7 Michelle L. Schaible Address: 1450 Cherry Place Address: 1450 Cherry Place Mound, MN 55364 Mound, MN 55364 ✓ Meeting with Staff Date: 3 /(C,/()(a I I ✓ Application Completed Date: 6/J{l(O '2 60 Day: ______ _ □ Incomplete Notice Sent Date: ______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD D Property Owners Notified: Date: ______ _ □ Legal Notice Published Date : ------- PC Meeting(s): -~~ 1 ......_{(t.f~ ____ Vote: 1'Abl fL. fl Vote: ---/-------------------- Vote: --------------------- D Notice of PC Action:_~,_,/,__ ...... l~-1--,-1--/ ______________ _ City Council Meeting(s): -~q_,_/2_{{ ________ Vote: !J ,O Jvf I Vote: -------------------- Vote: --------------------