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
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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
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DATE OF MEETING: 10/22/2001 VOTE: 4 FOR O AGAINST
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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
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Page 7 of 7
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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
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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
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(612) 333-1822 Fax (612) 33~2148
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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
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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
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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
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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
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Parcel ID 3611823410044
House Number 142
Street Name CHEVY CHASE DR
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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
~'-(
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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 .
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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
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Parcel Information
Parcel ID 3611823410044
House Number 142
Street Name CHEVY CHASE DR
Condominium
28
(33)
140
143
397.3
(1)
250
(2)
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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)
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I
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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 ?~ . ·
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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 .
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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:
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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
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Sharratt & MacDonald Design Co.
261 School Ave.
Mary & Joe King
Excelsior, MN 55331
142 Chevy Chase Drive
Wayzata, MN 55391 -.