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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE# 01-2727 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 10/23/2001 ---------------------------------------------------------------------------- TO: Joseph and Mary King 142 Chevy Chase Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variances COPIES: Sharratt and MacDonald Design 261 School A venue Excelsior, Mn 55331 ------------------------------------------------------------------------- DATE OF MEETING: 10/22/2001 VOTE: 4 FOR O AGAINST ------~------------------------------------------------------------ COUNCIL ACTION -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 AM -4:30 PM). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a permit prior to the commencement of construction. (The permit application is separate application from the zoning variance application). Variance Approval is limited to the extent shown on the 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. Permit application must be submitted no later than October 22, 2002. 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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2001 7:00 o'clock p.m. *(#15) #01-2723 BREWER CHIROPRACTIC CLINIC, 3800 SHORELINE DRIVE - COMMERCIAL SITE PLAN REVIEW -RESOLUTION NO. 4711 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4711, a Resolution granting approval of a commercial site plan for the property located at 3800 Shoreline Drive. VOTE: Ayes 4, Nays 0. *(#16) #01-2725 ROBERT HOWELLS, 1423 PARK DRIVE -VARIANCES - RESOLUTION NO. 4712 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4712, a Resolution granting variances to permit new residential construction on a lot that is 101 feet wide at the shoreline and 106 feet wide at the 75' setback where 140 feet is required and to permit an accessory structure on a lot without a principal structure for the property located at 1423 Park Drive. VOTE: Ayes 4, Nays 0. *(#17) #01-2727 MARY AND JOE KING, 142 CHEVY CHASE DRIVE -VARIAN CE - RESOLUTION NO. 4713 - White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4713, a Resolution granting variances to permit new residential construction on a lot that is 29,250 square feet in area where 43,560 square feet is required for the property located at 142 Chevy Chase. VOTE: Ayes 4, Nays 0. *(#18) #01-2728 WILLIAM AND LAURA STODDARD, 4365 NORTH SHORE DRIVE­ VARIANCES AND CONDITIONAL USE PERMIT -RESOLUTION NO. 4714 White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4714, a Resolution granting variances to permit an accessory building to remain on the property during the construction of a new principal building and to permit hardcover within the 0-75' setback, and to grant a conditional use permit to permit a "plumbing in accessory building-CUP", and variances to permit the CUP for a building 6' from the side lot line and 16' from the platted street property line for the property located at 4365 North Shore Drive. VOTE: Ayes 4, Nays 0. (#19) AMENDMENT TO ANIMAL REGULATIONS -ORDINANCE no. 208, 2ND SERIES Gaffron stated the Council at their last meeting had directed Staff to draft ordinance amendments requiring a Kennel License for five or more cats. Gaffron stated some minor adjustments have been made to the existing ordinance to accomplish that purpose. Gaffron noted the CSO, in conjunction with other members of the Police Department, have indicated a more comprehensive amendment is needed to thoroughly update the Dog Regulation and Licensing Section. Staff is anticipating presenting that amendment to the Council sometime in January. PAGE24 Application Date: Completion Date: 60 Day Deadline: 9/19/01 9/19/01 11/19/01 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner Item Description: #01-2727 Joseph and Mary King 142 Chevy Chase Drive Variance DATE: 10/18/01 ITEMNO.: 11 Agenda Section: Zoning Zoning District: Lot Area: R-lA 29,250 s .f. One Family Residential District (1 acre) (.67 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 10/15/2001 1. Section 10 .20, Subd. 5(B): Lot Area: The lot is 29,250 s .f . where 43,560 s.f. is the minimum lot area for the R-lA zoning district. Application Summary: The applicants own the subject property and are requesting a lot area variance to construct a new residence on the lot. The lot is approximately .67 acres and the minimum lot area requirement is 1 acre. Discussion: The applicants own the subject property and are requesting a lot area variance to construct a new residence on the lot. The size of the proposed residence is 4 ,380 s.f. (14 .9%) meeting the 15% structural coverage for the lot. However, there is an existing in ground pool on the property. Orono lot coverage ordinance adopted in February, 1990 states that pool , including pool basin and associated deck or patio areas shall be included in the calculation of "lot coverage by structures ." The square footage of the new residence and the in ground pool total 6,790 s .f . (23.2%). The applicants have through their architects submitted a letter stating their intent to remove the pool when the current residence is demolished. There has been some discussion as to whether this ordinance provision is appropriate for in ground pools which do not have visible structural bulk above ground . City staff is bringing this aspect of the structural lot coverage ordinance to a work session with the Planning Commission on November 7, 2001 to review for possible amendments. Because this proposal includes an in ground pool and the revisiting of the associated ordinance won't take place until November, the applicants have decided at this time to .apply only for the lot area variance. They have stated with lot area variance approval, they will remove the pool when the existing residence is demolished. But their thought is, if the ordinance regarding in ground pools is revised so that pools and their patios won't be calculated in structural lot coverage, they will be able to keep the pool and begin construction on the new residence . However, they will then have an accessory structure without a principal residence. Normally a variance for this would need to be applied for and approved prior to construction of the new residence. To avoid the necessity of the applicants having to appear again if the ordinance is changed, the Planning Commission approval recommendation was for a lot area variance and to permit the accessory structure to conditionally remain without principal structure. The condition is that upon house demolition, the pool shall be removed unless the code has been revised to exclude pools and their patios from the lot coverage calculation. PLANNING COMMISSION: The Planning Commission recommended by a 6 to O vote to: Approve the application as noted above. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 5 (B) FILE NO. 01-2727 WHEREAS, Joseph A. King and Mary M. King, (hereinafter "the applicants") are the owners of the property located at 142 Chevy Chase Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 10 and the South half of Lot 9, Block 2, Hill O'Way Manor, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.20, Subdivision 5 (B) to permit new residential construction on a lot that is 29,250 s.f. in area where 43,560 s.f. is required 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 October 15, 2001, at which time 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: FINDINGS 1. This application was reviewed as Zoning File #01-2727. 2. The property is located in the R-IA Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 29,250 s.f. or .67 acres. 3. The Orono Planning Commission reviewed this application on October 15, 2001 and recommended approval of the proposed variances based upon the following findings: Page 1 of 7 A. The property has an existing residence on the property. B. The lot is provided with sanitary sewer. C. The proposed development would conform to yard setback requirements. D. The proposed residence meets the allowed 15% structural lot coverage. E. The lot is similar in size to most other lots in the neighborhood. 4. 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 variances will 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 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.20, Subdivision 5 (B) to allow new residential construction on a lot that is 29,250 s.f. in area where 43, 560 s.f. is required. Approval is subject to the following conditions: 1. The in ground pool shall be removed when the existing residence is demolished, unless prior to such demolition the structural lot coverage ordinance which includes in-ground pools as structural coverage is amended to not include pools and their patios as lot coverage. Page 2 of7 2. Variance for accessory structure without principal structure is hereby approved but shall only be effective if the ordinance is amended for structural lot coverage to no longer calculate pools and their patios as lot coverage. 3. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 4. Applicant is advised that because the proposed residence uses the 15% structural lot coverage allowance, future additional structure on the property is unlikely to be approved. 5. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (October 22, 2002). 6. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor Property Owner (s) Page 3 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of October, 2001 by Barbara Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of _______ , 2001, before me a Notary Public within and for said County, personally appeared __________________ known to me to be the person( s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of _________ , 2001, before me a Notary Public within and for said County, personally appeared __________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of October, 2001 by Barbara A. Peterson, Mayor 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 The foregoing instrument was acknowledged before me on this ____ day of October, 2001 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 On this __ day of ______ , 20_, ______________ _ personally appeared before me, __ · who is personally known to me whose identity I proved on the basis of ________________ _ __ whose identity I proved on the oath/affirmation of ____________ _ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN On this __ day of ______ , 20_, _____________ _ personally appeared before me, who is personally known to me __ whose identity I proved on the basis of ________________ _ whose identity I proved on the oath/affirmation of ____________ _ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 6 of7 Exhibit A ---~ Page 7 of 7 I I I I I I· I I l I I I. I r r ~ 1. f­ l:; [~~ r-:~ - ·:.:::=-: L~-:--:', ,---=c I •• -~;r_ :=a -, ...... .,,~ I ~ :::..::; _.., TO: FROM: DATE: SUBJECT: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner October 12, 2001 #01-2727 Joseph and Mary King 142 Chevy Chase Drive Variance --Public Hearing Zoning District: R-lA One Family Residential District (1 Acre) Actual Lot Area: 29,250 s.f. (.67 acres) List of Exhibits A Analysis B Application C Revised letter from applicant D Initial letter from applicant regarding proposal E Site Plan/ Survey F Floor Plans G Elevations H Location Map I Plat Map J Property Owner's List Pertinent Code Sections 1. Section 10.20, Subd. 5(B): Lot Area: The lot is 29,250 s.f. where 43,560 s.f. is the minimum lot area for the R-lA zoning district. Application Summary: The applicants own the subject property and are requesting a lot area variance to construct a new residence on the lot. The lot is approximately .67 acres and the minimum lot area requirement is 1 acre. Background: The applicant's initial proposal was more expansive than the plan now in front of the Planning Commission. After reviewing the application, staff discussed structural lot coverage on the lot with the applicant, explaining that structural coverage on the lot was increasing and was already over the allowed 15% by city code. The applicant decided to go forward with the plan but with some modifications. The size of the proposed residence was downsized to 4,380 s.f. (14.9%) meeting the 15% structural coverage for the lot. However, there is an in ground pool on the property and it remained part of the plan. Orono city ordinance adopted in February 26, 1990 states pools, including pool basin and associated deck or patio areas, regardless of whether such pool basin, deck, or patio is enclosed with a fence shall be included in the calculation of lot coverage by structures. The proposed residence, pool and deck total 6,790 s.f. (23.2%). There has been some discussion as to whether this ordinance provision is appropriate for in ground pools which do not have visible structural bulk above ground. City staff is bringing this aspect of the structural lot coverage ordinance to the November, 2001 Planning Commission meeting to review for possible amendments. #01-2727 Joe & Mary King 142 Chevy Chase Drive Wayzata, ArfN 55391 Page 1 Because this proposal includes an in ground pool and the revisiting of the associated ordinance won't take place until November, the applicants have decided at this time to apply only for the lot area variance. They have stated with lot area variance approval, they will remove the pool when the existing residence is demolished. (Exhibit C). But their thought is, if the ordinance regarding in ground pools is revised so that pools and their patios won't be calculated in structural lot coverage, they will be able to keep the pool and begin construction on the new residence. However, they will then have an accessory structure without a principal residence. A variance for this needs to be applied for and approved prior to construction of the new residence. In November 1996, a permit was issued for the pool construction The survey and paperwork submitted for approval indicated a 20' x 40' pool and no decking around the pool. A 880 s.f. (20' x 44') pool was constructed and substantial decking (2,320 s.f.) was constructed. The square footage of the existing residence, pool and surrounding decks total 6,010 s.f. (20.5%). At that time the structural lot coverage would have been over the allowed 15% and a variance should have been required for approval in 1996. Issues for Consideration: 1. The lot has an existing residence on the property. 2. The lot is provided with sanitary sewer. 3. The proposed development would conform to yard setback requirements. 4. The proposed residence meets the allowed 15% structural lot coverage. 5. The applicants have stated they will remove the pool when the new residence is demolished, with the thought the ordinance regarding pools as structural lot coverage is changed the pool will stay. If the ordinance is not changed, what is the time frame in which the pool is to be removed? 6. If the ordinance is changed, a variance for accessory structure without a principal residence needs to be approved prior to demolition of the existing residence. Such approval could be conditionally granted with the lot area variance, and only taking effect if the code is changed as discussed. 7. Does Planning Commission have any additional issues or concerns with this proposal? Staff Recommendation: Staff recommends approval of the lot area variance with the condition that the pool be removed when the house is demolished. #.01-2727 Joe & Mary King 142 Chevy Chase Drive Wayzata, MN 55391 Page2 Staff also recommends the granting of a conditional variance for accessory structure without a principal structure, that would only be effective if the code is changed (prior to house demolition) to no longer calculate pools and their patios as lot coverage. Options for Action: 1. Recommend approval of variance. 2. Recommend denial of variance, stating reasons. 3. Table, giving applicant direction. 4. Other action. #01-2727 Joe & Mary King 142 Chevy Chase Drive Wayzata, MN 55391 Page3 A ANALYSIS Lot Requirements R-lA Lot Area Lot Width Required 1 acre 140' Actual .67 Acre 150' Structural Coverage Total Lot Size Total Structural Coverage Percentage 29,250 s.f. Existing: 6,010 s.f. 20.5% (With Pool) Proposed: 4,380 s.f. 15% (Without Pool) 6,790 s.f. 23.2% (With Pool) CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFOR.i"\IATION Application # d /-J.. 'I :l 1 Date Received q (I q / 0 J Amount Paid fb3eo,oo Site Address . i 4~ Ch,~ J iJ C),c~~ _ . . , Property Ident1ficat1on Number (P.I.D.) -':,fo -; \ 2'-,;d::,-q I -r[)1+1-+ .~.:t:1ch legal description to application if not included on required survey. Date Property Acquired--J~L~L=lL-,-\J_l C-\_,.g_......j _____________ (month/year) I (do) ( do not) also own the adj~cent parcels of land. Present use of property: __ residential __ other (specify) _____________ _ Zoning District: __________________________ _ APPLICANT . Phone (home) Name .-.t{~-~r?~ \-t_ <\--t<.11<:1-<..,T:--r.:1'\(d r.\ '·t..R-::.,((Q'\ Ce_ Pho?~~ (:vork) _0_15]_ _____ 4_-,7-0-_ :-<..-}·-ys-.-0- Address: d(u I fp h(Y', I A1, f'_r,.UL City: l ;...c <. \ ) i 6 r-Zip: :.J.J ~3 \ O\VNER (if different than applicant) Name f'---lRt~ ~30 t:. ~lr\{d Address: i 4 Cl\.~-.' l,j (,) V:LX.-·o, i VL' Phone (home) q')~ -4'7ft;-:55:/1 Phone (work) q5-J..-CJ 3~ -l:, 11$ City: LLtL~J)'L.itL Zip: 55 51 I DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ (attach additional sheets if necessary) VARIANCES REQUIRED --L-Lot Area Lot \Vidth Hardcover Setback: Front Side Rear -------- Sfr l,l.r_-h,1i""(.\ t _L_Lot Coverage Average Lakeshore _L_ Other (specify) J\{t_c·_-F,-[.t:,'( \j ~-h Ll.t~ \.\V fZ L,.._'{ou_ t pi h)C i."p i€ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance \vith Zoning Code requirements: ________________ _ (attach additional sheets if necessary) 6 OCT-:11-2001 15: 58 SHARRATT & MACDONALD October 11, 2001 Wendy Bottenberg, Planning Paul Weinberger, Planning City of Orono PO Box 66 Orono, MN 55323 952 470 8407 sl1a rr(-1 tt _,:-:::~ ··.;. .. : ·:· ... , .... ~::~... . rn,acdori.ald , ••·"' l~•l•.., I• Sent by Fax (952/249-4616) and US Postal Service RE: Requested modification to the King's variance request dated 9/19/01 Dear Wendy and Paul, With regard to the many discussions and questions you have kindly helped us with, and pursuant to the be5t interests of Mary and Joe King, The Kings and we are respectfully requesting the variance be amended to solely the issue of pennission to build a new borne on their non-conforming lot size. In order to comply with the letter of the present zoning ordinance, upon issuance ofa building permit fur their new home and the necessary demolition of the existing home, the Kings agree to remove their 3 year old pool and pool deck since it is presently considered "'accessory structural coverage"'. We understand the issue of the ordinance classifying an in-ground pool and pool patio as part of structural coverage, has recently come into question by the City of Orono City Council members, Planning Commission members and staff. In light of this fact, and should the ordinance change prior to the time the King's construction begins, the Kings reserve their right to change their minds about removing the pool and patio if it becomes no longer defined as accessory structural coverage. The issue of leaving this pool as an accessory structure upon demolition of the home, we understand will be addressed in the staff report. In summation, the structural coverage of 15% of the lot area will be met by the proposed design of the home less the existing pool and pool patio. Therefore, the only request for variance being submitted is for construction ofa TJew home on a substandard size non-conforming lot. Again, thanks for your time and assistance with this request. Sincerely, Michael Sharratt Sharratt and MacDonald Design Company Architect and Owner's Representative SHARRATT & MACDONALD DESIGN COMPANY 251 Schoo/Avenue #310, Excelsior, Minnesota 55331 1541 Hennepin Aven~. Minneapolis, Minnesota 55403 (952) 470-9750 Fax 470-8407 (612) 333-1822 Fax 333-2146 P.01/01 M E M 0 R N D u M DATE: September 18, 2001 PROJECT: SUBJECT: FROM: King Home, 142 Chevy Chase Drive, Wayzata, Mn. 55391 Descriptive for Variance Sharratt MacDonald Design Co. COPIES TO: Mary and Joe King; home Owners Description of Variance Request 1. The Kings property is a total area of 29,250 sf. Their property is located in a portion of the City designated as 1-acre min lot size (43,560 sf). The homeowners desire to construct a new home on their existing property. Since the property is less than one acre the Owners are requesting a Variance to construct their new home on their property. 2. An outdoor swimming pool and pool deck currently exist on the property. The Owner desires to leave the swimming pool and the pool deck in existence during and after the construction of the new home. According to zoning requirements all accessory structures are to be removed prior to redevelopment of the property. The Owners request a Variance to leave the swimming pool and pool deck in place. 3. Currently the property Lot Coverage consists of a home of 271 0sf including protected walks and front entry roof overhangs, a swimming pool of 880sf, a pool deck and walkways of 2320sf and a wood deck of 1 00sf. The total of all existing lot coverage is 601 0sf. The Kings property is unique in that the City of Orono owns two (2) parcels of land to the north [#42 and #43] and a parcel across and slightly to the northeast of Chevy Chase Drive [#27]. It is the King's understanding that these lots will not be built upon. It is also the applicant's understanding that the intent of Lot Coverage is to control/limit the building massing when analyzed in relationship with neighboring homes. Since no development will take place on these parcels, it seems appropriate that the proposed design be accessed in relationship with the current and future building massing conditions. In that light it seems reasonable to allow for a design that has a larger Lot Coverage than allowed by the Zoning Ordinance. SHARRATT & MACDONALD DESIGN COMPANY 261 School Ave. Ste 310 Excelsior, Minnesota 55331 1641 Hennepin Avenue Minneapolis, MN 55403 ;Se,ctf\t.t·fkd lt/ . · 1rl i tJ'cvt 1o:1cpcscv\ (952) 470-9750 Fax (612) 470-8407 (612) 333-1822 Fax (612) 338-2146 D September 18, 2001 page 2 An additional hardship placed on the property is the fact that it exists in a portion of the City that has been designated as 1-acre minimum lot size. The City has classified the lot to exist as substandard however it is subject to criteria pertaining to 1-acre lots. Consequently the potential lot coverage is restricted in relationship to the allowable potential for a 1-acre site. To express the hardship in other terms, a 1 acre property (43560sf) would yield a lot coverage of 6,534sf not 15% of the property (29250sf) which equals 4378.5. The Zoning Ordinance states that swimming pools (permanently constructed) and the associated pool deck are to be considered as structure and consequently included in the Lot Coverage. In this particular situation the pools exists, is in the backya~d of the property and visually has no street presence. Furthermore the proposed house design fits within the front-yard and side-yard setbacks and allows for a substantial amount of existing pool deck to remain in place after construction of the home. It is the applicant's opinion that the size of the existing pool and deck should have no bearing on the ability to "fit" a new home on the site especially if all setbacks are met and the pool presents no basis for analyzing the massing of the new home design in relation to other properties. Therefore the Kings request a Variance to construct a new home and incorporate their existing pool and pool deck for a total lot coverage of 71 00sf as diagramed on the enclosed drawings. SHARRATT & MACDONAW DESIGN COMPANY 261 Schoo/ Ava. Sta. 310 Excelsior, Minnesota 55331 1641 Hennepin Avenue Minneapolis, MN 55403 SuJ::r, 1t~ 0J / ·l\\tHcd p10pc:Yd. 7--:~j ~ ,,:/' /~,:' (952) 470-9750 Fax (612) 470-84-07 (612) 333-1822 Fax (612) 33~2148 :']7::·.· ,v ., ,,.. \-;,-~ ii l . / ~! ~~~~--1--~~ri\~c-~, -::;:;~~~If:~~~~7f~-~~7r.r. ""?-::::,-;, ----------~222.ea~·-~7, --~---;.;:2.us;;--7\ i ·O 8 z -1 ,t. I I N900oo'oo·w 195.oo Exletr,j 1 <><~ . 142a!vy~~ · I I· I I ·1 I.­ I I I l I I. I I 10 Iii. s • ST 0 ~ 0 eo •,. o· DltNO'nS'1/Z'DIC1l'BT t,t,• lRDN \m,. !II' SET 1N 'l'HZ MOUND AND JalUa.D 0 M UCZNSZ NO. U'/U • DZNOTZS .A· roma, IRON JIONUJIEJn' SETBACKS 11H. REAR YNISJ SE1BAa( • YI .. WI. Sil£ YAAD SEll3Aa( • Ff MIN. F'ROffT YARD S£lBACI( ·• 'Ml I · AREA.FOR LOT 10-NU>. S.1/2 f6 LOT 9;. 29,25Q. SQ..FT. . MAXMJM BUUlllO ME>. • .1~ ~ LOT NIE.A • 29,250 SQ. Fi. X 1~ • 4387,:5 SQ. FT. AA:iA 1. ME.A ~ ElaS1lHG HOUSE • 2,478 SO. FT. . .=;;=!Ir=====·=·.:====:==:=:':'=====·=· ==tr t~~; .. ··6;~~=~~-~~~~- . t-r::::~1!! '~: 1-·--~~-----------·--·-·-._._. l __ --;~~~~~~~~~~~i~~~-: . ,---~~Eer~-:-:\=--~_L--~----· :-·-:=--~ ·• .· I A ·~ oPln/On .,.. not fl,mfa!led ·to the IUl'W)'Or. --a. ,.: ~ tlt!e 1--.11 for the ..Wence. or ~ ol . ·· -~·or -.Jed ~ ~ by. the llln'l)'0I' ·1· • pest. ol w. ...-..y. . . -'.~.~~~1eai-anc1ocn.ct ~ · ot .a .....,.,. of the boundarioe of: . · I t.ars . 10 IH). S00'Tlf .IW.F .OF lDT 9, BlOCK 2, HlU: O'YOlf IIN«lR l£NNEl'II COUNTY, MNl£SOTA . . . And Iha loCGllon ol all. !><Jldln!li. If Offf,u-i..and.al ~ . _,,.,.,,..,,"t.l: any. from or on eald land. At IUIW)'ed by me Ihle 2ND o1 fEBll.toRr 2001. ~~ REVISIONS BY. 1 i .. •, /--·-- ···i;it-lP) ! .. , . . ... _.,._ It&'. .. "',;,.~, ~ 0<) '7 -r,.? 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L' J ... _.,,,, ··.-~ _-;..:.::~..::;_,:/ ...... ·· ...... -••---,,.~ i J C •' ---~,:-:-~___:p_.. __ --- ~ e-.r;:,. ~..,,. ;'V-::.---nr--~'---:t::r-,= ' ' \ ~(?,.~ .... -~ ... ';~· ' .. ' . i: \ __ f? (L\ -----.J ....) RUN DATE 09/17/01 BATCH 507 PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER N.AME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 36-118-23 41 0002 00365 FERNDALE RD N D.& P CHASE JR DONALD & PATRICIA CHASE JR 365 FERNDALE WAYZATA HN 55391 38 36-118-23 41 0010 00109 CHEVY CHASE DR HE ARNOLDY ETAL HE ARNOLDY 109 CHEVY CIIASE DR WAYZATA MN 55391 38 36-118-23 41 0017 00123 CHEVY CHASE DR RE STRAUHAN & KE STRAUHAN RE STRAUHAN & KE STRAUHAN 123 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0020 00129 CHEVY CHASE DR DH SAHLSTROH/J E SAHLSTROH DAVID H & JEANE SAHLSTROH 129 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0023 00135 CHEVY CHASE DR ROBERT B HOWE ETAL ROBERT B HOWE HD 135 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0026 00141 CHEVY CHASE DR ROGER D & HEGAN H REMARK ROGER D & HEGAN H REMARK 141 CHEVY CHASE DR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 36-118-23 41 0008 00105 CHEVY CHASE DR LEE G LATHROP & WIFE LEE G LATHROP 105 CHEVY CHASE DRIVE WAYZATA tlN 55391 38 36-118-23 41 0015 00119 CHEVY CHASE DR T W FORSTER & BJ FORSTER THOMAS FORSTER 119 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0018 00125 CHEVY CHASE DR KA STRICKER & R J GRIFFIN KA STRICKER & R J GRIFFIN 125 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0021 00131 CHEVY CHASE DR PD HOYNEUR & L W HOYNEUR PATRICK D HOYNEUR 131 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0024 00137 CflEVY CHASE DR CI & C SATTERVALL CHERYL I & CRAIG SATTERVALL, 137 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0027 00143 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL DAY MN 55323 t i r --.fir, ~!'(. ,·n;, t'll .f)'- ·~ ~1;•• ~:A;J [4 p' fl 0 1,."i!ffi ,· f,l;~ ~~.J r-1. If " REPORT NO, PI435401 PAGE 21 38 36-118-23 41 0009 00107 CHEVY CHASE DR THOMAS R DUNN & LYNNE A DUNN THOMAS R DUNN 107 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0016 00121 CHEVY CHASE DR LOUIS B OBERHAUSER LOUIS B OBERIIAUSER JR 121 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0019 00127 CHEVY CHASE DR JEFFREY G JACOBSEN JEFFREY & ELIZABETH JACOBSEN 127 CHEVY CHASE DRS WAYZATA MN 55391 38 36-118-23 41 0022 00133 CHijVY CHASE DR RS OLSON & H H OLSON ROBERTS OLSON 133 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0025 00139 CHEVY CHASE DR BJ BELTRAND & W J BELTRAND BJ BELTRAND & W J BELTRAND 139 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41.0032 00104 CHEVY CHASE DR J W & DK MINNICK JOHN W MINNICK 104 CHEVY CHASE DR ORONO MN 55391 n (' RUN DATE 09/17/01 BATCH 507 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 36-118-23 41 0033 00106 CHEVY CHASE DR D W JOHNSON & AL JOHNSON DENNIS W JOHNSON 106 CHEVY CHASE DRS WAYZATA MN 55391 38 36-118-23 41 0036 00116 CHEVY CHASE DR R J MCCARTHY ET AL TRSTES RICHARD & JOYCE MCCARTHY 116 CIIEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0039 00124 CHEVY CHASE DR TIMOTHY P & SUSAN L NESVOLD TIMOTHY P NESVOLD 124 CHEVY CHASE DR WAYZATA NN 55391 38 36-118-23 41 0042 00132 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY NN 55323 38 36-118-23 41 0045 00146 CHEVY CHASE DR DC TERRY & NA TERRY DAVID C & MARGARET A TERRY 146 CHEVY CHASE DR WAYZATA MN 55391 TAXPAYER TOTAL BATCH 507 00033 NAME/ADDR HENNEPIN COUNTL PROPERTY INFORMATION SYSTEM PRbPERTY OWNERS LIST 38 36-118-23 41 0034 00108 CHEVY CHASE DR WENDELL R ANDERSON WENDELL R ANDERSON 108 CHEVY CHASE DR WAYZATA NN 55391 38 36-118-23 41 0037 00120 CHEVY CHASE DR THOMAS B CASWELL JR & WIFE THOMAS B CASWELL 120 CHEVY CHASE DR WAYZATA NN 55391 38 36-118-23 41 0040 00126 CHEVY CHASE DR RUTH L BROWNAWELL TRUST ROBERT BROWNAWELL 417 OAK ST FARMINGTON MN 55024 38 36-118-23 41 0043 00136 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY NN 55323 38 36-118-23 41 0046 00110 Cl,l_EVY CHASE DR KE HIGGI~ & L W HIGGINS KENNETH & LAURA HIGGINS 110 CHEVY CHASE DR WAYZATA NN 55391 ,,._ ... ·,. .. ..... \, ,:,,, , 4l.-.:~f.l •, -:. \ ) . N·fj• ii I, ' ,· ,e:~/J 1; ,,.,,_ ,•/. fr .. ~:~~- '/J;•,1 I,.. u l~<.:..-~) REPORT NO. PI435401 PAGE 22 38 36-118-23 41 0035 00114 CHEVY CHASE DR CA LANGGUTH TRUST CHARLOTTE A LANGGUTH 114 CHEVY CHASE DR WAYZATA NN 55391 38 36-118-23 41 0038 00122 CHEVY CHASE DR JOANNE C CARLSON JOANNE C CARLSON 122 CHEVY CHASE DR WAYZATA NN 55391 38 36-118-23 41 0041 00128 CHEVY CHASE DR G C & ES SHITH G CONNELL SMITH 128 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0044 00142 CHEVY CHASE DR MARY M KING NARY M KING 142 CHEVY CHASE DR WAYZATA NN 55391 38 36-118-23 41 0053 00038 ADDRESS UNASSIGNED NORTHGATE TWO HOMEOWNERS NORTHGATE TWO HOMEOWNERS UNKNOWN ,, ....... ":r '-,.,•·-.... ,:_I,,.), ,. j: 1' 6' ~ ~ "' .. ~ .,. -" " .. : ~ -----1 , N rrsB', "N 320 125.tJ2 125.22 1d (21) (1) 2!0 § ... 7 0 (41) !l o; (2) (3) :? o; g ~ 195 ,. (19) ~ z;j § • (40) 154.91 1 195 13 ~ () § • i.i• (42) -----·······---1675 334.5 ~ 22 : (43) ! (27) 346.45 125.45 140 140 ~ I I (28) :,~ 1 f------,-....=..;.:=-:-,--.-11---c:-:-:-----.------=~~o ___ --,la, (39) HIL (18) -~ OR 240 ~in:: :?,lLJ1 24 (29) ,2.2 ... 0 /;l ~ 195 § :;i '-.J ~§ 4 (38) § Ii 195 ~ ~ 29 ., 20 ! 27 :;i -... (34) ~ (33) ~ (32) ~ 120 11 2 .... i,q:I 1------=--------,1~1 240 r:o () 195 3 (37) (45) ~~ ( 1 ~~~ i 74.54 140 140 106.86 143 2 2 (7) ~ 25 (31) 120 DR 2 0 .,. 194 1 (6) 25 (30) 1;, :Q:j ~-LL! -LJ.._1 I j I I 2 j 143 143 397.3 NlJ9'S9W '1---'=.::,,,,,C----'----=::-::'--___.J~~:..........,.--'-------"--'--+-j i i i i I 194 ~ ~~~ ~ ,~ R--'0 Parcel Information Parcel ID 3611823410044 House Number 142 Street Name CHEVY CHASE DR Condominium 71 (51) >s This is not a legally recorded map. It represents a compilation of infonnatiorJ ·. · and data from City, County, and State road authorities and other sources. · =' (4) 248 5 ! 'j 215.5 !I EAST ounorc ;i; : I (53) :: 'j 100 [&] ...,.,_, ! I I I lKEOOL __ IUADO OODS TII • ~.4 ... .. :., .. -: .. ~*~ _;-.. -:; :i·: .' ~ :::ED ~~~ :-.~:.··~ -~~--------i _y' UURO ' ' ~ .. ... ~ '~··'.i-~. ~ . . .... __ -· . ._/z·· ...,_ .. .-,.....:.,...,. l.:J :z: 0 -' 1,1,1 IC .., ... -:I z: .~ .... . . ..• . t. :· .. ~ ·.:. . ... ... ~_WA)UrA Bi, .,L • I -• n.3 2§ "' ... .. -.. J-:.,•- :7\~--' z .. ": . . . ·-: . ..., 1TH A.VEN AV£ N OO 13TH Jlr------t :5 AV£ 1 . 12TH ► AV£ I z....----1 C~ 11TH ~ Y£ l <"+ .. ----t <, ~<_, 10TH AVE I ♦ t 800 J MJNUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, OCTOBER 15, 2001 (#13) #01-2727 MARY AND JOE KING, 142 CHEVY CHASE DRIVE, VARIANCES, 9:24 p.m. -9:37 p.m. Mary and Joe King , Applicants, were present, along with Mark Sharratt, Architect, and Jeff Switzer, Architect. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting a lot area variance to construct a new residence on the lot. The Applicant's initial proposal has been revised , with the proposed size of the residence being downsized to 14 .9 percent structural coverage , meeting the 15 percent structural coverage for the lot. The Applicants have indicated a desire to retain an in ground pool on the property. Orono City Ordinance adopted in February, 1990, states that pools, including pool basin and associated deck or patio areas , regardless of whether such pool basin , deck, or patio is enclosed with a fence, shall be included in the calculation of lot coverage by structures. The proposed residence, pool, and deck total 6,790 square feet or 23 .2 percent structural coverage. City Staff is considering the possibility of revisiting the ordinance and amending the ordinance , with Planning Commission re v iew in November . The Applicants have stated they would remove the pool when the existing residence is demolished if their lot area variance is approved . However, the Applicants would prefer to delay removal of the pool until the ordinance has been revisited and a determination is made as to whether pools should be included in structural lot coverage. However, they will then have an accessory structure without a principal residence. A variance for this needs to be applied for and approved prior to construction of the new residence. Staff is recommending approval of the lot area variance with the condition that the poo 1 · be removed when the house is demolished. Staff also recommends the granting of a conditional variance for accessory structure without a principal structure , which would only be effective if the code is changed prior to the demolition of the house to no longer calculate pools and their patios as lot coverage. Weinberger stated the City has received a petition from a number of the adjoining property owners indicating they are supportive of the project. Mark Sharratt stated the Applicants would like to replace the existing house since it is outdated and rebuild on the lot. Sharratt stated the only variance they are requesting at this time is a lot area variance , but they would like to request the City reconsider their ordinance regarding pools and whether pools should be included in the structural Jot coverage. Sharratt stated the property owners would prefer to keep the pool if at all possible. Mrs. King requested the Planning Commission reconsider their ordinance , noting they would like to retain the pool. There were no public comments relating to this application. Lindquist inquired whether the Planning Commission would need to review the ordinance. Gaffron stated at the time this ordinance was adopted , he was opposed to including pools and their patios as structural coverage in the ordinance back in 1990. Gaffron stated the intent of the ordinance was to regulate visual density, bulk and massing of structures on property, with the Council elect ing PAGE23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, OCTOBER 15, 2001 (#01-2727 MARY AND JOE KING, CONTINUED) at the time they adopted the ordinance to include pools 1n the calculation of structural lot coverage. Gaffron noted the City also has an accessory structure ordinance regulating pools and other structures as far as setbacks are concerned. Gaffron stated normally the City only includes things that are six feet above grade in their calculations of structural lot coverage, and in his view this ordinance should be revisited. Hawn recommended the Planning Commission review this ordinance at a work session. Gaffron stated the Planning Commission would need to have a work session the early part of November to discuss another topic, and suggested this item be added to that agenda. Lindquist stated he does not have a problem with the pool remaining as long as there is an understanding that the pool will be removed if structural coverage is over 15 percent. Stoddard inquired whether the Applicants also own Lots 42 and 43. Mrs. King stated those lots are the property of the City of Orono. Hawn inquired whether the Applicants would build a new residence if the ordinance is not amended. Mr. King stated they may elect not to build a new residence if the ordinance is not changed. Hawn stated the Planning Commission may want to place a time limit on when the pool should be removed if the Applicants choose to build a new residence and the ordinance is not amended. Mr. King stated Staff sent them a letter stating the pool would need to be removed at the time the existing house was demolished. Hawn stated that would be fine. Kluth stated the Applicants have one year to decide whether they want to construct the new residence. Lindquist pointed out if the ordinance is to be amended, it probably will not happen until January or February. Mr. King stated they understand that. Mr. King inquired whether an above ground pool would also be considered structural coverage. Mabusth stated it would be considered structural depending on the size of the pool. Hawn moved, Lindquist seconded, to recommend approval of Application #01-2727, Mary and Joe King, 142 Chevy Chase Drive, granting of a lot area variance, and granting of a conditional variance for accessory structure without a principal structure that would only be effective if the code is changed to no longer calculate pools and their patios as lot coverage, with the understanding the pool will be removed at the time the house is demolished if the ordinance is not amended. VOTE: Ayes 6, Nays 0. PAGE 24 October 11, 2001 sharratt fu _.,.,_.· macdon ~ 11.._1111s.._,,., 2001 Wendy Bottenberg, Planning Paul-Weinberger, Planning City of Orono Sent by Fax (952/249-4616) and vi I Y VJ-UHOiVQ US Postal Service PO Box 66 Orono, MN 55323 RE: Requested modification to the King's variance request dated 9/19/01 Dear Wendy and Paul , With regard to the many discussions and questions you have kindly helped us with, and pursuant to the best interests of Mary and Joe K ing, The Kings and we are respectfully requesting the variance be amended to solely the issue of permission to build a new home on their non-conforming lot size. In order to comply with the letter of the present zoning ordinance, upon issuance of a building permit for their new home and the necessary demolition of the existing home, the Kings agree to remove their 3 year old pool and pool deck since it is presently considered "accessory structural coverage". We understand the issue of the ordinance classifying an in -ground pool and pool patio as part of structural coverage, has recently come into question by the City of Orono City Council members, Planning Commission members and staff. In light of this fact, and should the ordinance change prior to the time the King 's construction begins, the Kings reserve their right to change their minds about removing the pool and patio if it becomes no longer defined as accessory structural coverage. The issue of leaving this pool as an accessory structure upon demolition of the home, we understand will be addressed in the staff report . In summation, the structural coverage of 15% of the lot area will be met by the proposed design of the home less the existing pool and pool patio. Therefore, the only request for variance being submitted is for construction of a new home on a substandard size non-conforming lot. Again, thanks for your time and assistance with this request. Sincerely, Michael Sharratt Sharratt and MacDonald Design Company Architect and Owner 's Representative SHARRATT & MAC DO NALD DESIGN CO MPANY 261 School Avenue #310, Ex celsior, Minn esota 55331 164 1 Hennepin Avenue, Minneapolis, Min nesota 55403 (952) 470-9750 Fax 470-8407 (6 12) 333-1 822 Fax 333-2 14 6 October 14, 2001 Re: Mary and Joe King Residence 142 Chevy Chase Drive Wayzata, MN 55391 To the City of Orono Planning Commission and City Council: As residents of Chevy Chase Drive and as near neighbors of Mary and Joe King, we have reviewed their plans as submitted to the city for variance. We understand they desire to remove their existing home and replace it with the design as submitted to the city. We (I) support their proposed plans and have no objection to their variance request. Sincerely, Neighbors of the Kings Phone October 14, 2001 Re: Mary and Joe King Residence 142 Chevy Chase Drive Wayzata, MN 55391 To the City of Orono Planning Commission and City Council: As residents of Chevy Chase Drive and as near neighbors of Mary and Joe King, we have reviewed their plans as submitted to the city for variance. We understand they desire to remove their existing home and replace it with the design as submitted to the city . We (I) support their proposed plans and have no objection to their variance request. Sincerely, Neighbors of the Kings ~'-( ~-¥-!"=---:L....lf4',,l-q...~ii4,,i,Ia,~-+-l,l-,,~[-:;::,4'~~....._.~""""""-'~-7"""'"!7-........... ----''--1 l6'j' CITY OF ORONO P.O.Box66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE# 01-2727 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 16, 2001 ---------------------------------------------------------------------- TO: Mary and Joe King 142 Chevy Chase Drive Wayzata, MN 55391 COPIES: -------------------------------------------------------------------------- TYPE OF APPLICATION: Variances ----------------------------------------------------------------- DATE OF MEETING: October 15, 2001 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on October 22, 2001 at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. I I . r -_ / ~! :.::._~L-L--4----r--)\ c_: ~~~~~~_.;:;;.,_~;-t---:-r? ___ r, ------;;22.~~ 7,---~-24.211~-__,1 ·. 6 --- I ( 1. · 1 ..... _ -1 '1 · I I I &letl,ig ·1 ~ Hciuae . 142 Cli1>1y OiGN Ort,,e · I J I. I .. . . NOR'I'll J I ·1 I.­ I I: I I I I. I r I 1. lO.J N-o r · io . 20 I ~ . 1.t· 111 .. s •­ST 0 * X . SCM.£ 1N f'E£T . l Inch • !O fen LEGEND ~ U11WiY MANHCU . . IIDinl-trlaWlr--· . IIQIOID .CA1Qj -lASIN ·. DENOlD'MITAll'i BER .llfMOIES.IM'IIN!MI DD101ES ffllill _ 1D1ER . DDI01ES 11!1111 IWOt!U ===-. -- . . ·~ .. o· IJ8N()'J'ZS · 1/% · INCH ·sr t,1,• IRON r'f: ---sn· DI-J.'Jllr l:lfOUNIJ AN1J IIARJaD . · UC&NSl1 J!O. M'ltu • DblOJ'zs ~ · l'OlJNI) IRON-~- SElBACl<S · . IIN; REAR ·YARD SElBACK -. 'id. ·-IIN.: SIil£: YNIO: SE18ACK • -Ff MIN. FRONT YARD SE1BA0k -~ YI . AREA -. AREA .FOR LOT 10 -ANO. S.1/2 OF !,.OT 9 • ~ SQ..fT. . . MAlCIMUl,I IIUiJ>INi,) M£A: • 15" 'Of' LOT MEA - -• 29,250 SQ. Ft x· 16'11 • 4387.~ "SQ. "- -AREA or EXISTING HOUSE -2,478 SQ. "· . . -.. · . . . . . ·-. : I A .• ~ton .;..· not f1m1lahed -to h Ml~ nor waa 0 ... t . ,tftleieard\fortheuletenct1.0l'lll!ll~ol . ,'' -= ~~~ ·.-nema oandui:ted by, the l1ilYeyOr . I-•. ~ orify M th~ la Cl bue -~ ~ ·of . ci ..... , .of the b,i.unddrleuf: . __ . · '_--I_ LOIS-·.10 ANO sounf '.HALF-.Of'·LOft, BLOCK 2,Jllll' O'WAY MANOR .IENNEP!N COUNr(; -~ . . . . . . . • And the 1oca11on -oi .. aa. !>ullclllip, If any,-~-and ,aJ:.vi,llile ~ .If any, from .. GI) ~ ...... _;. ~ _by : JM 1111e,:2ND. day ol FElllMI' 2001. '· _ --~~ REVISIONS 1 i ... Application# \-d-7 d 7 Date Received q -l c\ -0 l Amount Paid ?z co, ov CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 142 CHEVY CHASE DRIVE, WAYZATA, MN 55391 Type of Application to be Filed _v_A_R_I_AN_C_E _______________ _ Property Identification Number (P .I.D.) ___ 3_6-_l_l-"-8--2=3;......_,;.4=-1--0'""0'"""'"4 ...... 4 ________ _ APPLICANT Phone (home) --------Name SHARRATT & MACDONALD DESIGN co Phone (work) 952-470-9750 Address 261 SCHOOL AVE City EXCELSIOR Zip_5_53_3_1 __ _ OWNER (if different than applicant) Name MARY & JOE KING Phone (home) 952-476-8589 Phone (work) 952-933-6118 Address 142 CHEVY CHASE DRIVE City WAYZATA Zip 5 5391 Date Property Acquired __ J_U_LY_l_9_9_1 _____________ (month/year) I (•) ( do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS -. XX $ 75.00 for each variance request with CUP application ___ $17 5.00 Residential Accessory Use ___ $250.00 Institutional ( church, school, etc.) ___ $225.00 Guest House/Guest Apartments __ $200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use --- $250.00 Land Alteration ---Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ---$150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$275.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation ---$200.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ $375.00 Comprehensive Plan Amendment ___ $100.00 Appeals Other -see Fee Schedule --- REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. ✓ ✓ ✓ ✓ I ✓ ✓ ✓ Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map· from Hennepin County Department of Finance, A-603, Government Center,(5'tt,·s-\_\o) · _ . Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. · · ,- Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ____________ Date __________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the ~t o er knowledge. Applicant's signa Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. _ . . )_ Owner's signarure r:J.) .. V [ Date C/ h q ..}M ( r 1 Applicant must have all submittals into the City office 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place arid advise the Building & Zoning Office of this change prior to the meeting. 6 Hennepin County Taxpayer Services Department 125.82 <I ~ ~ ~ 154.91 .. 13 ~ ~ (1 8) 42.2 .. ..: "' 0 .. ;: :e ;:; ~ •• ,,,,.,Q, l::: ~ ~ o; ::? 320 190 125.22 : -~ (26) 7 (41) ~ "' ~ 8 ,.i• (42) --167.5 334.5 ~ 22 0 ~ (27) 346.45 126.45 140 MA OR * g "' 29 .. (34) ie "' .... ,,.~'is- i 74.54 106.86 90 5 1 ,...,.4'.,. (4 9) al :g 6 ~ (11) 0,;,; :". (§ al "' -._ -·-............ _ 36-/t'l-~3-® 1/ Parcel Information Parcel ID 3611823410044 House Number 142 Street Name CHEVY CHASE DR Condominium 28 (33) 140 143 397.3 (1) 250 (2) ~ 140 :;i ~ 27 :;i ~ (32) ~ "' 1 ~ 140 DR 143 ~ 2 (7) ~ 143 NB9 '59W ;,; ~g "'"' 1 (5 1) ?5 This is not a legally recorded map . It represents a compilation of information and data from City, County, and State road authorities and other sources . 361 .14 250 (3) I I 300 I 23 I (28) ~<:1 d 300 240 a::1 ;:: I 24 ~ lJJ J (29) ...J c§I 240 120 120 <: 26 ~ 25 OBJ (3 1) (30) ! lJ.. 120 120 j j j 194 j 1 ~ (6) I 194 I I I (4) I I I 248.5 I 215.5 '1 EAST ! I OUTLOTC : ' (53) :i; 100 t i I []£] I ~'"' 1 I tJ RUN DATE 09/17/01 BATCH 507 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-23 41 0002 00365 FERNDALE RD N D,& P CHASE JR DONALD & PATRICIA CHASE JR 365 FERNDALE WAYZATA HN 55391 38 36-118-23 41 0010 00109 CHEVY CHASE DR HE ARNOLDY ETAL HE ARNOLDY 109 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0017 00123 CHEVY CHASE DR RE STRAUMAN & KE STRAUHAN RE STRAUHAN & KE STRAUHAN 123 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0020 00129 CHEVY CHASE DR DH SAHLSTROH/J E SAHLSTROH DAVID H & JEANE SAHLSTROH 129 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0023 00135 CHEVY CHASE DR ROBERT B HOWE ETAL ROBERT B HOWE HD 135 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0026 00141 CHEVY CHASE DR ROGER D & HEGAN H REMARK ROGER D & HEGAN H REMARK 141 CHEVY CHASE DR WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION s'vsTEH PROPERTY OWNERS LIST 38 36-118-23 41 0008 00105 CHEVY CHASE DR LEE G LATHROP & WIFE LEE G LATHROP 105 CHEVY CHASE DRIVE WAYZATA HN 55391 . 38 36-118-23 41 0015 00119 CHEVY CHASE DR T W FORSTER & BJ FORSTER THOMAS FORSTER 119 CHEVY CHASE DR WAYZATA HN 55391 38 36-118~23 41 0018 00125 CHEVY CHASE DR KA STRICKER & R J GRIFFIN KA STRICKER & R J GRIFFIN 125 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0021 00131 CHEVY CHASE DR PD HOYNEUR & L W MOYNEUR PATRICK D HOYNEUR 131 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0024 00137 CHEVY CHASE DR CI & C SATTERVALL CHERYL I & CRAIG SATTERVALL, 137 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0027 00143 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 REPORT NO. PI435401 PAGE 21 38 36-118-23 41 0009 00107 CHEVY CHASE DR THOMAS R DUNN & LYNNE A DUNN THOMAS R DUNN 107 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0016 00121 CHEVY CHASE DR LOUIS B OBERHAUSER LOUIS B OBERHAUSER JR 121 CHEVY.CHASE DR WAYZATA HN 55391 38 36-118-23 41 0019 00127 CHEVY CHASE DR JEFFREY G JACOBSEN JEFFREY & ELIZABETH JACOBSEN 127 CHEVY CHASE DRS WAYZATA MN 55391 38 36-118-23 41 0022 00133 CHEVY CHASE DR RS OLSON & HM OLSON ROBERTS OLSON 133 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0025 00139 CHEVY CHASE DR · BJ BELTRAND & W J BELTRAND BJ BELTRAND & W J BELTRAND 139 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 41 0032 00104 CHEVY CHASE DR J W & DK MINNICK JOHN W MINNICK 104 CHEVY CHASE DR ORONO HN 55391 RUN DATE 09/17/01 BATCH 507 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME 38 36-118-23 41 0033 00106 CHEVY CHASE DR D W JOHNSON & AL JOHNSON DENNIS W JOHNSON 106 CHEVY CHASE DRS WAYZATA MN 55391 38 36-118-23 41 0036 00116 CHEVY CHASE DR R J MCCARTHY ET AL TRSTES RICHARD & JOYCE MCCARTHY 116 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0039 00124 CHEVY CHASE DR TIMOTHY P & SUSAN L NESVOLD TIMOTHY P NESVOLD 124 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0042 00132 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 36-118-23 41 0045 00146 CHEVY CHASE DR DC TERRY & 11 A TERRY DAVID C & MARGARET A TERRY 146 CHEVY CHASE DR WAYZATA MN 55391 TAXPAYER TOTAL BATCH 507 00033 NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 36-118-23 41 0034 00108 CHEVY CHASE DR WENDELL R ANDERSON WENDELL R ANDERSON 108 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0037 00120 CHEVY CHASE DR THOMAS B CASWELL JR & WIFE THOMAS B CASWELL 120 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0040 00126 CHEVY CHASE DR RUTH L BROWNAWELL TRUST ROBERT BROWNAWELL 417 OAK ST FARMINGTON MN 55024 38 36-118-23 41 0043 00136 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 36-118-23 41 0046 00110 CHEVY CHASE DR KE HIGGINS & L W HIGGINS KENNETH & LAURA HIGGINS 110 CHEVY CHASE DR WAYZATA MN 55391 REPORT NO. PI435401 PAGE 22 38 36-118-23 41 0035 00114 CHEVY CHASE DR CA LANGGUTH TRUST CHARLOTTE A LANGGUTH 114 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0038 00122 CHEVY CHASE DR JOANNE C CARLSON JOANNE C CARLSON 122 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0041 00128 CHEVY CHASE DR G C & ES SMITH G CONNELL SMITH 128 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 41 0044 00142 CHEVY CHASE DR MARY 11 KING MARY 11 KING 142 CHEVY CHASE DR WAYZATA 11N 55391 38 36-118-23 41 0053 00038 ADDRESS UNASSIGNED NORTHGATE TWO HOMEOWNERS NORTHGATE TWO HOMEOWNERS UNKNOWN c... <.... <- .(.., <... <- RUN DATE 09/17/01 BATCH 507 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO . PI435401 PAGE 23 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. ~ DATE '1'-./i-Ol sY ?~ . · ' (1 ---1 E'"•·'-'···'; (( . •. •J r? l :-__ __ j ) /{ ~ u (~" , . \ l1 tf ...) ..) ...) ' ..) ...) CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mallini Address: P.O.'l3ox·66· Crystal Bay, MN 55323-0066 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. Mary M First Middle 142 Chevy Chase Road King Last Address Wayzata MN 55391 9 s 2 -4 76-8589 City State Zip Phone Telephone (612) 249-4600 • Fax (612) 249-4616 "fF{) r -2 7 ;;i., 7 /Lf(_)_ CJ1LlA.1(!}rJc!J?fJ,, -/0 1-;1_ 7:)_7 IL/8'. t l 1.eu1Cliase. })r;;~ 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#0l-2727 , as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of OCTOBER 2001. Denise M. Leskinen ORONO PLANNING COMMISSION Monday October 15, 2001 6:30 PM 2750 Kelley Parkway -Council Chambers AGENDA Council Representative: Jay Nygard AUDIENCE MEMBERS: Please sign in for the public record at the front podium if you wish to address the Planning Commission. Applicants will be asked to move to the front table to answer questions when the Chair announces the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for the November 12, 2001 City Council meeting unless otherwise noted by the Chair. CONSENT AGENDA 1. #01-2719 Jodi and David Dalvey, 1520 Bohn's Point Road, Variance (Staff: Wendy Bottenberg) 2. #01-2720 Craig and Bev Miller, 1325 Shoreline Drive, Variance (Staff: Wendy Bottenberg) OLD BUSINESS Review of these items will commence before or between scheduled public hearings. 3. #01-2689 Mandeep Sodhi, 4080 Dahl Road, After-The-Fact Variances and Conditional Use Permit (Staff: Paul Weinberger) 4. #01-2711 Western Steel Erection, Inc., 2687 Wayzata Boulevard, ConditionalUse Permit, (Staff: Paul Weinberger) 5. #01-2716 Brenshell Development, 2200 Shadywood Road, Variances (Staff: Wendy Bottenberg) 6. #01-2718 Proposed Zoning Code Amendment, Section 10.03, Fence Standards (Staff: Paul Weinberger) NEW BUSINESS 7 . #01-2707 Robert Eddington and Mark Larson, Hill Street, Vacation (Staff: Wendy Bottenberg) 8. #01-2721 Walter Holzer, 1130 North Shore Drive, Variance (Staff: Wendy Bottenberg) 9. #01-2722 Michael and Monica Brown , 1241 Brown Road South, Variances (Staff: Paul Weinberger) 10. #01-2723 Mark Brewer, 3800 Shoreline Drive, Commercial Site Plan Review (Staff: Paul Weinberger) 11. #01-2724 Michelle and David Timp , 1000 Wildhurst Trail, Conditional Use Permit (Staff: Wendy Bottenberg) 12. #01-2725 Robert Howells , 1423 Park Drive, Variance (Staff: Paul Weinberger) 13. #01-2726 Erotas Building Corporation with an interest in, 450 Orono Orchard Road, After-The-Fact Variances (Staff: Paul Weinberger) 14 . #01-2727 Mary and Joe King , 142 Chevy Chase Drive, Variances (Staff: Wendy Bottenberg) 15 . #01-2728 William and Laura Stoddard , 4365 North Shore Drive, Variance (Staff: Paul Weinberger) PLANNING COMMISSION COMMENTS 16 . Report of Planning Commission representatives attending Council meetings September 24 , 2001 and October 8, 2001. 1 7 . Other issues for discussion. 18 . Planning Commission approval of minutes for September 17, 2001. 19. Selection ofrepresentatives for City Council meetings on October 22 , 2001 and November 13, 2001. ADJOURNMENT 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 Council Chambers at 2780 Kelley Parkway on Monday, October 15, 2001, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #01-2689 2. #01-2699 3. #01-2712 4. #01-2707 5. #01-2719 6. #01-2720 7. #01-2721 Mandeep Sodhi, 4080 Dahl Road, requests after-the-fact variances and a conditional use permit to permit replacement of a stairway and retaining walls within 75' of the lakeshore and to review a restoration plan for intensive vegetation removal on a bluff. Jay and Kendall Nygard, 1386 Rest Point Road, request variances to permit a 17.5' X 8' addition to the house located 7.5' to the side property line where a 10' setback is required and to permit4,387 s.f. (55.4%) hardcover within the 75-250' lakeshore setback where 25% is allowed. S. Scott Standa, 2659 Casco Point Road, requests after-the-fact variances to permit replacement of an 8' X 12' deck attached to a boathouse within the 0- 75' lakeshore setback. Robert Eddington and Mark Larson request vacation of a portion of platted Hill Street dedicated within the plat of Bayside Addition to Lake Minnetonka. Jodi and David Dalvey, 1520 Bohn's Point Road, request a variance to permit construction of a new residence on property ofless than minimum lot width (140') in the LR-1B zoning district. Craig and Bev Miller, 1325 Shoreline Drive, request a variance to permit construction of a new residence on property of less than minimum lot width (200') in the LR-IA zoning district. Walter Holzer, 1130 North Shore Drive, requests a variance to permit construction of a new residence on property of less than minimum lot width ( 140') in the LR-1 B zoning district, and to allow two accessory buildings to remain on the property absent a principle residence during the reconstruction period. 8. #01-2722 9. #01-2723 10. #01-2724 11. #01-2725 12. #01-2726 13 . #01 -2 727 14. #01-2728 Michael and Monica Brown , 1241 Brown Road South , request variances to permit construction of a detached garage 6' from the side yard adjacent to the street (Minnetonka Avenue) where a 50' setback is required and 5' from the rear property line where a 1 0' setback is required ; and a variance to permit replacement of a 6' privacy fence within the 50' side yard adjacent to the street setback , where a fence not exceeding 3 ½' is permitted. Mark Brewer, 3800 Shoreline Drive, requests a commercial site plan review to permit use of the existing building as a chiropractic clinic and final review of the site plan . Clinics are listed as permitted uses in the B-5 district. Michelle and David Timp, 1000 Wildhurst Trail , request a conditional use permit for land alteration of 566 cubic yards and a variance to permit an 8' retaining wall structure within the average lakeshore setback. Robert Howells, 1423 Park Drive , requests a variance to permit construction of a new residence on property of less than minimum lot width ( 140') in the LR-I B zoning district. Erotas Building Corporation with an interest in, 450 Orono Orchard Road , requests after the fact variances for construction of a 6' chain link fence along the front and street property lines where a fence with a maximum height of 3 ½' is permitted . Mary and Joe King , 142 Chevy Chase Drive , request variances to construct a new residence on a lot in the R-1 A zoning district less than the minimum requirements for lot area and to permit a swimming pool-accessory structure to remain on the property absent a principal building during the reconstruction period , and to permit lot coverage of over 15% on the property. William and Laura Stoddard , 4365 North Shore Drive, request a variance to permit a boat house-accessory structure to remain on the property absent a principal building during the reconstruction period; and requests a conditional use permit to permit plumbing in an accessory building to be located 1 0' from the rear property line . All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted to the City of Orono by October 10, 2001. Plans are available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission ~JtJ~ Paul Weinberger, Zoning Administrator/Planner To be published the week of September 29, 2001. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 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 Council Chambers at 2780 Kelley Parkway on Monday, October 15 , 2001, beginning at 6 :30 p .m . on the matter of reviewing the follow ing land use applications: 1. #01 -2689 Mandeep Sodhi,_4080 Dahl Road, requ ires after-the-fact variances and a conditional use permit to permit replacement of a stairway and retaining walls within 75' of the -lakeshore and to review a restoration plan for i ntensive vegetation removal on a bluff . 2. #01 -2699 Jay and Kendall Nygard, 1386 Rest ·Point Road, request variances to permit a 17 .5" X 8' addit ion to the house located 7 .s· to the side property line where a 1 0 ' se tback is requited and to permit 4,387 s.f . (55.4%) hardcover wi thin the 75-250' lakeshore setback where 25% is allowed . 3. #01 -2712 S. Scott Standa, 2659 Casco Point Road , requests after-the-fact variances 10 perm it replacement of an 8' X 12' deck attached to a boathouse within the 0-75' . lakeshore setback . 4 . #01-2707 Robert Eddington and Mark Larson request vacation of a portion of platted Hill Street dedicated within the plat of Bayside Addition to Lake Minnetonka. 5 . #01-2719 Jodi and David Dalvey, · 1520 . Bohn 's Point Road, request a variance to perm i t construction of a new residence on property of less than minimum lot width ( 140') in the LR-1 B zoni~g district. 6 . #01-2720 Craig and Bev Miller, 1325 Shoreline Drive , request a variance to permit cons truct ion of a new residence on property of less than min imum lot width (200') in the LR-1A zoning district. 7 . #01-2721 Walter Ho lzer, 1130 North Shore Drive, requests a variance to permit constr uction of a new residence on propecty of less than minimum lot width ( 140') in the LR-1 B zoning district, and to allow two accessory bu ild ings to remain on the property absent a princ i pal res idence duri ng the reconstruc tion period . 8 . #01 -2722 Michae l 'and Monica Brown, 1241 Brown Road South , request variances to permit co nstruction of a detached garage 6' from the side yard adjacent to the street (Minnetonka Avenue) where a S0'se 1:,ack is requ ired and 5' from ttie rear ·property line whe re a Hl ' setback is required; and a var iance to permit replacement of a 6 ' privacy fence with in the sci· side yard adjacent 10 the street setback, where a fence not exceeding 3 1 /2' is permitted. 9 . #01-2723 Mark Brewer, 3800 Shoreline Drive, requests a commercial site plan review to permit use of the existing building as a chiropractic clinic and final review of the site plan. Clinics are listed as permitted uses in_ the B-5 district. 10. #01-2724 Michelle and David limp ,· 1000 Wildhurst Trail, request a conditional use permit for land alteration of 566 cubic yards and a variance to permit an 8' retaining wall structure within the average lakeshore setback.·. 11. #01 -2725 Robert Howells , 1423 Park Drive, requests a variancl;l to permit construction of a new res idence on property of less than minimum lot width (140 ') in the LR-1 B zoning district. 12. #01-2726 Erotas Building Corporation with an interest in, 450 Orono Orchard Road, requests after the fact variances for construction of a 6'chain link fence along the front and street property lines ' where a fence with a max imum height of 3 1/2' is permitted . 13 . #01-2727 Mary and Joe King, 142 Chevy Chase Drive, request variances to construct a new residence on a lot in the R-1 A zoning district less than the minimum . requriements for lot area and to permit a swimming pool'accessory structure to remain on the property absent a principal building during the reconstruction period, and to permit lot coverage of over 15% on the property. 14. #01-2728 William and Laura Stoddard, 4365 North Shore Drive, request a variance to permit a boat house­ accessory structure to remain on the property absent a pri_ncipal bui l ding during the reconstruction period ; and requests a conditional use permit to permit plumbing in an accessory building to be located 10 · from the rear property line . All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted 10 the City .of Orono by October 10 , 2001. Plans are available in the City Offices . For an appointment, please call (952) "249- 4600. Cit)' of Orono By : Planning Commiss ion Paul Weinberg er. Administrator/Planner ·zonin_g I (Published in The Laker and Pioneer I Sept. 29 , 2001) Affi'--.1vit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A .) The newspaper has complied With all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.)Theprinted Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the 29 day of September 2001, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2001; l±d/#L- Authorized Agent Suscribed and sworn to me on this 2 9 t hday of _,T,_S_e_.,p~t_e_m_b_e_r ___ , 2001 . By : dtt!itnJ ~ Notary Public KRISTI HOLM NOTARY PUBLIC· MINNESOTA My Ccmmission Expires Jijfl . 31, 2005 Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.00 per inch. (2) Maximum rate allowed by law for above matter: $15.00. (3) Rate actually charged for above matter : $7.73 per inch. Each additional successive week: $5.62 . □ □ □ ,ra-- ~·~ 0 0 ~ TRACKING SHEET FILE NO. 0 l-a-7 d 7 Staff: WQ,b..&\ . SH Ag RAt:r: * . M AC DO.fv Al.µ _Applic~nt: · :5\tt-: : ·. Address: > q,z c°f-/€1Jf( Q-{4s£:· Di: . Meeting with Staff: Date Application Completed: CJ -,~·-o r Incomplete Notice Sent: Date Property Owners Notified: 10-s -o ( Date Legal Notice Published: }-d-j-oj PC Meeting(s): 0-1'6 -O I ·Notice of PC Action: 10 -lto -O I City Council Meeting(s): lO-~-O l -· D Resolution X:\APPS\WPWIN60\\~1:~S\CAROLE\FOR.t\1S\TRKNG.SITT Al'fL!Cniv, J)E-5Jc;..,.u Co : · . tu A-<:-(z t+ r.74 Zip·: ~599! · · 60Day: 11 .,/(y D I Vote: ~(b-o) Vote: Vote: Vote: ~ ~ 4 :..,0) : Vote: -=-· Vote: Sharratt & MacDonald Design Co. 261 School Ave. Mary & Joe King Excelsior, MN 55331 142 Chevy Chase Drive Wayzata, MN 55391 -.