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HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249.4600 TO: Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 ZONING FILE: 13-3632 NOTICE OF COUNCIL ACTION DATE OF NOTICE: February 26, 2014 COPIES: TYPE OF APPLICATION: A TF Variance Request DATE OF MEETING: February 10, 2014 VOTE: 4 FOR ·o AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you . Please arrange to sign the original resolution at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution . Changes in approved plans are subject to further review by the City . Variance approval expires one year after date of approval. Please complete and return the attached building permit application, including all required submittals before March 17 , 2014. An after-the-fact, double fee will be applied . Once the weather permits , please call Lyle Oman to schedule an inspection. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono.mn .us or 952 .249.4627 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o'clock p.m. ·. ft/CD REPORT-ANDREW McDERMOTT, REPRESENTATIVE, Continued) \ ,ott noted the applicant associated with EOF Investments has been in discussions LMCD. ·-cDerrnott stated the LMCD does not have any outstanding issues with the oposed fuel \, storage t ·,ut noted the LMCD does have some issues with the dock on Tanag ay , which will need to be worked o ~ McMillan stated as 1 elates to the new aquatic invasive species , shew education being provi as to what new species they should be loo g for and how they are transported. McDermott stated there ar 1vdikely culprits that could affect e Minnetonka, such as the spiny water flea, hydrilla, and Asian carp . cDermott stated the LMCD uld spell that out a little clearer. Levang indicated she also would 1 invasive species that might impact L information on the LMCD 's website be c si information on the potential for new aquatic Levang suggested a white paper or some e of any but that t tend to take over every lake they gain access to. Since they are ferocious eater , hat tends to destroy the . d chain in the lakes. ad nothing to report but would be available for qu PLANNING DEPARTMENT REPORT *5. #13-3632 DALE RICHADSON -4325 CHIPPEWA LANE -YARIANCE - RESOLUTION NO. 6364 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6364, a Resolution Granting a Variance to Municipal Zoning Code Section 78-395(B), for the property located at 4325 Chippewa Lane. VOTE: Ayes 4, Nays 0. #13-3637 WILLI ABBOTT O/B/0 THE BROADWAY GROUP, LLC, 235 ,D"'ll~•n OWN ROAD AND XXX WILLOW DRIVE NORTH -PREL.1..1T.u_.-r1o..1.-... PLAT AND RPUD REZO ~--.Q,~T RESOLUTION Gaffron noted the applic ary plat approva ~~·i~~ • · ential ezoning to Residential Plann Page 4 of 30 ----------------- Date Application Received: 08/21/13 Date Application Considered as Complete: 11/15/13 120-Day Review Period Expires: 03/15/14 REQUEST FOR COUNCIL ACTION Department Approval:~i(J Administrator App ov · Name: Melanie Curtis '\ Title: Planning & Zani g Coordinator Date: 5 February 2014 Item No. S Agenda Section: Item Description: #13-3632, Dale Richardson, hippewa Lane, ATF Variance Request -Resolution Zoning District: RR-1A, One Family Rural Residential, 5-acres/300' width Lot Area: 43,512 s.f. {1.0 acre) Lot Width: 149 feet List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Draft Resolution Proposed/Updated Survey Building Permit Application 04/02/13 Letter from Staff RE: Permit Application 04/09/13 PC Staff Report 01/10/14 Draft PC Minutes 01/21/14 Application Summary: The applicant's property is located in the RR-1A five-acre minimum rural residential district. The lot is approximately 1-acre in area and has 149 feet in width where 300 feet is the required minimum width. The property owner constructed a deck 34.4 feet from the west side lot line where a SO-foot setback is required without City permits. Additional Background: Dale Richardson submitted a permit application in April to construct a deck. A letter was sent to him by Planning Staff on April 9th informing him that the application was incomplete as it was missing a survey . A survey is required for all projects involving structural improvements for setback verification and grading review (if applicable). The property owner did not respond to the April 9th letter. In August, the City building inspector noticed that a new deck had been constructed on the rear of the home without a permit. The property owner was notified and encouraged to either remove the deck or, because of the nonconforming location, apply for a variance to allow the deck to remain. The property owner applied for a variance in September and submitted the final information in November. Planning Commission Recommendation On January 21, 2014 the Planning Commission reviewed the application and voted 6 to Oto recommend approval of the after the fact variance. Planning Staff Recommendation The deck is set back further from the side lot line than the house and it does not appear that the deck will have an adverse visual impact on either neighbor. Staff recommends approval of the after the fact variance . The property owner shall be required to apply for and receive approval of a building permit for the deck. Additionally, the building official should inspect the deck construction. COUNCIL ACTION REQUESTED Council should consider adopting or amending the attached approval resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-395(8) FILE NO. 13-3632 Council Exhibit A WHEREAS, Dale Robert Richardson ahd Tamara Richardson, a married couple (hereinafter "the Applicants") are the owners ofthe property located at 4325 Chippewa Lane within the City of Orono (hereinafter the "City") and legally des9ribed as Lot 1, Block 1, Chippewa, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on April 4, 2013, the Applicants requested a building permit in order to construct an 8' x 8' deck 34.4 feet from the west side lot line where 50 foot side yard setback is normally required; •, WHEREAS, on April 9, 2013, the Applicants were notified by Planning Department staff that the building permit application was incomplete; WHEREAS, in August 2013 the City Building Official inspected the Property and observed the deck had been constructed without proper City permits. The Applicants were notified that an after-tile-fact building permit and after-the-factvariance would be necessary in order to allow the deck to remain on the Property; WHERl:AS, the Applicants have made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-395 (B) to allow the as­ constructed 8' x 8' deck to remain $4A feet from the west side lot line where 50 foot side yard setback is normally required and a 28 foot setback currently exists for the existing home; and WHEREAS, aftec due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 21, 2014 at which times all persons desiring to be heard concerning this application were given the. opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 13-3632. Page 1 of 5 2. The property is located in the RR-1A One Family Rural Residential Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300'. 3. The Planning Commission reviewed this application at a public hearing held on January 21, 2014 and recommended approval of the variance based on the following findings: a. The Property contains 43,512 square feet (1.0 acre) in area and has 149 feet in width. b. Sanitary sewer is not available. c. The substandard area and width of the Property combinecfwith the location of the existing home make it difficult to construct conforming additions or appurtenances. d. The 8' x 8' deck is. located at the rear of the home and is in line with an existing patio door. Previously a .landing existed outside the patio door. e. The Applicants' request will alleviate a practical difficulty inherent to the Prop~rty and not created bylhe Applicants. f. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants have demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of the Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on the Property are peculiar to it and do not apply generally to other property in this zoning district; that granting Page 2 of 5 the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78:.395(B) to allow the as-constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally required, subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes willrequire further Planning Commission and City Council review. 2. Authorities granted by this resolution run .with the Property not with the Applicants, but are permissive only and must be exercised by obtaining an after-the-fact building permit for the new deck and passing the required inspection of deck. An inspection must be completed within one year of the date of Co.uncil approval, or the variance will expire on that date (February 10, 2015). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall tcmstitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 10h day of February, 2014. Page 3 of 5 ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Property Owner( s) Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2014, by Dale Robert Richardson, husband of Tamara Richardson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary. Public This instrument was acknowledged before me this_._ day of _____ , 2014 by, Tamara Richardson, wife of Dale Robert Ric;hardson. · Notary. Public Page 5 of 5 co N 0 0 0 (") CRRTIFICATE OF SURvEY FOR DALE RICHARDSON OF LOT 1, BLOCK, CHIPPEWA HENNEPIN COUNTY, MINNESOTA N 89°26'00" W 149.01 1 PROPOSED [!J ...... . SHED g· ,o.o i )( WELL ROAD EASEMENT SHOWN .,... 0 0 0 0 z Resolution Exhibit A RECEIVED NOV 15 2013 CITY OF ORONO 2 l ON COUNTY MAP -------------+--i---i..-------""---------co LO N N 89°2s·oo" w 14s.01 CHIPPEWA LANE LO N LEGAL DESCRIPTION OF PREMISES: ---------------------------­ Lot 1, Block 1, CHIPPEWA • 0 denotes iron marker found denotes iron marker set This survey shows the boundaries of the above described property and the location of an existing house, deck, and driveway thereon. It does not purport to show any other im rovements or encroachments. $GRONBERG & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 445 N. WILLOW DRIVE LONG LAKE, MN. 55356 952'"473~4141 I hereby certify that this survey, plan, or report was prepared by me or under me direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. SC/.LE 1" = 30' DA:TE "'"~- i •i-5-I3 11-15-'l3 JOB NC~"'- 13-412 Mark S. Gronber Minnesota License Number 12755 13-412 CRRTIFICATE OF SURVEY FOR DALE RICHARDSON OF LOT 1, BLOCK, CHIPPEWA HENNEPIN COUNTY, MINNESOTA 43 z 5 Chr'~~ew~ LA CX) N 0 0 0 ("I') s LO ~ ~ 0 0 0 -..... ~, Z .......... 28.9 ...... .1 N 89°26'00" W 149.01 1 DECK 41.7 PROPOSED r:,·10~0·· SHED CJ N 0 0 0 ("I') ~~ ·············~§a~ .................... I ? 22.1 ....... LO EXISTING. HOUSE ll") 1 . ~ +I-,f'>'"lt:; ,,·· ~ rr '"t"v;:.v N 0 41.6 ..... 0 -<i 22,_3_ O )II( WELL >-~ ~ ~ 0 a. ~ (.) ::i co (9 z i= Cl) ~ z 'O .. : Ol ~~ . --------------- ROAD EASEMENT SHOWN l ON COUNTY MAP --------. LO N J\I QQ026'""" \f\l 1 A.(', 01 , .. ....,'"' vv vv --ro. CHIPPEWA LANE RECEIVED NOV 15 2013 CITY OF ORONO -- 2 CX) ------- LO N ---------------------------------------------------------LEGAL DESCRIPTION OF PREMISES: Lot 1, Block 1, CHIPPEWA • denotes iron marker found o denotes iron marker set This survey shows the boundaries of the above described property and the location of an existing house, deck, and driveway thereon. It does not purport to show any other improvements or encroachments. GRONBERG & ASSOCIATES, INC. I hereby certify that this survey, plan, or report was prepared by me or under me direct supervision and that I am a duly Licensed Land Surveyor SCJ.LE 1"::: 30' CONSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS under the laws of the State of Minnesota. t= DA~E 1 'i-5· 13 445 N. WILLOW DRIVE . LONG LAKE, MN. 55356 952•4 73.4141 'f 1-15--, 3 ~).S-J,,.....:!.l"JaWl JOB NC. ~✓-✓-~ Mark S. Gronberq Minnesota License Number 12755 13·412 mo >< 0 2: C C" ::l ~ ~­ CD - Council . City of;Qrono Exhibit C Building Perimit Application for Maintenan.ce 1 Renovation (windows, doors, siding, re-roof, etc,) Malling· Address: PO Box 66 · Crystal Bay, MN. 55323-0066 Street Address: 2750 Kelley Parkway Orono, MN 55356 Main·: 952-249-4600 Fax: 952-249-4616 www.ci.orono.mn:us This application form must be completed in.full and aH required Information must be submitted. Incomplete applications will be returned. (Pleasfr print) GENERAL INFORMATION: Job Site Address: ~ ~ Will this be a Parade of Hom s, Remode~ers Sh ase Home or other Display )-lome? Yes D No If yes, a spec:ia/ event penn/t is required with Police Department and City Cm.moil approval 60 days prior to the event. Shuttle bus se/Vice will be required unless applicant demonstrates sufficient on-site parking Is _available. Non-permitted events will not be allowed. · CON~RACTOR, APP~T)~FOR~_h·no~: 2. Name. LJ..e1.&. (/(; ~,.,ft c-· State License # · ,., Expiration Date: Lead Certification Number: Expiration Date: (for. work on homes at were constructed prior to 1978 ,,.,,. , Phone: Z -7 O~-~ o b-o (office) --------- Malling Address: Clty: ZIP: Contact Person: Contractor / Homeowner {Circle-One) Email and/or Fax: --'---------------------------------- ·City:-£~ ZIP: 5:Jsf--t:' . PROJECT INFORMATION: Type of Project: Any earth movement may require D 0oor(s) D Remodel D Fire Damage MCWD review & permits: Minnehaha Creek Watershed District (MCWD) 0 Re-roof, asphalt 0 Repair D Storm Damage 18202 Minnetonka Blvd · D Re-roof, c;edar D Restoration . D Water Damage Deephaven, MN 55391 Phone: 952-471-0590 0 Re-roof, other (specify) □Siding D Other: {specify} . Fax: 952-471-0682 OWindow{s) D~ www.minnehahacreek.org Overall Project Descrlptio-n: Estimated Construction Valuation of Project (excluding rand} · $ APPLICANT ACKNOWLEDGEMENT:· • Agrees to provide alVinformatlon required or requested by the Building Department; .. Certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that they are solely responsible for submitting a complete application being aware that upon failure-to do so, the staff has no alternative but to reject it until it is complete; • , Some or all of the informati vide on this application is classified by State law as either ptivate or confidentiat. Private da · car.mot be given to the public but can be given to the subject of the data. Confidential d rvasDB.rJB annot be given to either the public or the subject of the data. Our purpose anct inte .......... ;,,.,,,, ate our records and records of other governmental agencies re uired b law. cation ma not be issued. Applicant's Signature: Last Updated: oa-og..2011 April 9, 2013 Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 Re: 4325 Chippewa Lane Building Permit Application #2013-00212 Council Exhibit D CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.cl.orono.mn.us On April 2, 2013 the City received a building permit application for a deck. Your application is incomplete. The following items must be submitted or revised in order for your application to be considered complete and for the plan review to continue: 1. Certificate of Survey. Please provide 2 copies of an updated, full size certificate of survey which meets all of the City's survey standards (enclosed) indicating the location of the proposed deck (and any proposed grading) as well as all existing buildings, structures, landscaping, retaining walls and hardcover on the property. 2. Escrow & Escrow Agreement. Permits involving grading and/or review by the City's engineer require submittal of an escrow and an escrow agreement. The purpose of the escrow is to guarantee reimbursement to the City for out-of-pocket costs incurred during the review of your plans. Additionally this escrow will guarantee conformance with City Code Chapter 79 relating to erosion control and stormwater. The required escrow for building permits is $2,500. Since the project does not require any land alterations, an escrow of $700 will be required. The escrow agreement is enclosed. The property owner must sign the escrow agreement and submit a check for $700. The above information is required in order for the plan review to continue. Please feel free to contact me at 952.249.4620 or by email at cmattson@ci.orono.mn.us if you have any questions. Sincerely, CITY OF ORONO Cffi~~ Christine Mattson Planning Assistant c Lyle Oman, Building Official enclosures: Survey Requirements Escrow Agreement Date Application Received : 08/21/13 Date Application Considered as Complete: 11/15/13 120-Day Review Period Expires: 03/15/14 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordinator i4/l [/ 10 January 2014 #13-3632, Dale Richardson, 4325 Chippewa Lane, Variance Request Public Hearing Zoning District: RR-lA, One Family Rural Residential, 5-acres/300' width Lot Area: 43,512 s.f. (1.0 acre) Lot Width: 149 feet Council Exhibit E Application Summary: The applicant is requesting an after-the-fact variance approval in order to allow an 8' x 8' deck constructed within the required SO-foot side setback. Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections Sec. 78-395 . Area, height, lot width and yard requirements . (a) Height. No structure or building in the RR-lA district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366 (b) Lots. The following minimum requirements shall be observed : Lot Area (acres) 5 List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Lot Front Side Width Yard Yard (feet) (feet) (feet) 300 100 50 Application Practical Difficulties Documentation Form Existing Survey Proposed/Updated Survey Proposed Deck Plans Aerial Photos -Staff Property Owners List Plat Map Side Yard Adjacent to Street (feet) 100 Rear Yard (feet) 100 Background FILE# 13-3632 Jan 10, 2014 Page 2 of 3 In April of 2013 the property owner applied for a building permit to construct a rear deck on the home at 4325 Chippewa Lane. The property owner was notified that the application was incomplete as a survey had not been submitted. In August, the City building inspector noticed that a new deck had been constructed on the rear of without a permit. The property owner was notified and encouraged to either remove the deck or, because of the nonconforming location, apply for a variance to allow the deck to remain. The property owner applied for a variance in September and submitted the final information in November. The property is located in the RR-lA five-acre minimum rural residential district. However it is approximately 1-acre in area and has 149 feet in width where 300 feet is the required minimum width. The substandard area and width combined with the location of the existing home make it difficult to construct conforming additions or appurtenances. The deck was constructed 34.4 feet from the west side lot line where a SO-foot setback is required. LOT ANALYSIS WORSHEET Lot Area/Width: RR-lA Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual 43,512 s.f. {1.0 acre) 149' Setbacks: RR-1B Required Proposed Front 100' +100' at rear of house Rear 100' 152' West Side 50' 34.4' East Side 50' +50' Structural Coverage: The subject deck does not result in additional structural coverage. Total Lot Area Total Structural Coverage 43,512 s.f. {1.0 acre) Allowed: 6,526 s.f. {15%) Proposed: 1,787 s.f. {4%) Side Yard Setback Variance The applicant's home is situated as close as 28.2 feet to the east side lot line where a 50 foot setback is required. The 8' x 8' deck is located at the rear of the home and is set back 34.4 feet from the property line to line up with an existing patio door. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis FILE # 13-3632 Jan 10, 2014 Page 3 of 3 In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that the substandard size of the applicant's property within a five acre zone is a practical difficulty. The applicant's home is located within the required side yard setback. The deck is set back further than the edge of the home to be in line with an existing patio door. It does not appear that the deck will have an adverse impact on either abutting neighbor visually. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the after-the-fact variance to allow the deck to remain. The property owner shall be required to apply for and receive approval of a building permit for the deck. Additionally, the building official should inspect the deck construction. City of Orono Variance Application Street Address: 2750 KelleyP-arkway Orono, MN 55356 Main : 952-249-4600 fax: 952-249-4616 Mailing Address: P.O . Box 66 Crystal Bay , MN 55323-0066 PC ExhibitA This application form must be completed in full. Applicant will be notified within 15 days as to the status of t he application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: SiteAddress: Lf J 2-~Ci lr ,-t~ Property Identification Number (PIN): P :? L -LJ &?:-Z..3 -'-I 2...--oo o 1 Date Property Acquired (month~year): ;0 -/7-□ Yes, I own the adjacent parcels. Zoning District: -R~f<~L-/k:~---- APPLICANT MA Tl s and marital status required for each interested party) Name : Phone (ho . Complete Address. City , State & ZIP Email : one (work): OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name : Phone (home): Phone (work): ------------Complete Address: City, State & ZIP Email : DESCRIPTION OF REQUEST: ii (attach additional sheets if necessary): 2-' Packet Last Updated: 03/29113 Pa ge 12 of 31 RECEIVED AUG 2 1 2013 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ □ □ Wetland Delineation Wetland Saffer Evaluation □ Buffer Improvement Plan □ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to hav8\ an a hori g representative attend in place of the applicant/owner and advise the City Plan.,~~r assigned t7ou Applicant's Signature: (, --'-"'--.:S...-"'Jz-'-/-/ ..... t"--1<---"'------Date: Applicant's Signature: Owner's Signature: Date: Owner's Signature: Date: Packet Last Updated: 03129/13 #3 Page 13 of 31 RECEIVED AUG 2 1 2013 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First ZL,/ )fZLJ,~ Middle Last -;{I' /7 () ,-) /< C(o~ ~ / Z:::i.L. //..-- t/2-;Jd-- Zip Phone b t? pr:;- A~~derstand m J S gn RECEIVED AUG 2 1 ':3 Packet Last Updated: 03/29/13 Page 14 of 31 CITY OF o:-::CNO Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Tennessen warning. An individual asked to supply private or confidential data concerning the individual shall be informed of: (a) the purpose and intended use of the requested data within the collecting government entity (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 7, to a law enforcement officer. Subd. 3. Access to data by individual. Upon request to a responsible authority or designee, an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority or designee shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority or designee may require the requesting person to pay the actual costs of making and certifying the copies. The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. Subd. 4. Procedure when data is not accurate or complete. (a) An individual subject of the data may contest the accuracy or completeness of public or private data. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (2) notify the individual that the authority believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an individual, the commissioner shall, before issuing the order and notice of the contested case hearing required by chapter 14, try to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may refer to the matter to medication. Following these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing. (b) Data on individuals that have been successfully challenged by an individual must be completed, corrected, or destroyed by a government entity without regard to the requirements of section 138.17. After completing, correcting, or destroying successfully challenged data, a government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data. Packet Last Updated: 03/29/13 Page 15 of 31 City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only : City Planner: _,Wk---------------Meeting Date/Time : PC Date : ____________ _ What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFO Site Address : CL . Property Identification Number (Pl N): "'-'<-._-____,__,_l_,&',c__-.-_-L....C.-.,---------!lf'-------=-z..=--'-------.!:tt:>e:::......,eo:::...,e>=--_.__--------- Zoning District: fl /2 I -YI,-, Size of Property: f A:, ... -. DESCRIPTION OF REQUEST: □ Average Setback ~ide Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover (Tier_) □ □ Lot Area □ Lot Width □ Other: 3 2 ' D..12.:... -=--'--"-----"..._._,{,,L--:.=--¥'-="'--LL---'-"'-=..=....t...k____...,c..=.;~_/£.::,,~~"=---------------- Applicant's . RACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical f-l_n_iti_a_ls_: --~--+J~ Difficulties Documentation Form, understands it as it has been explained to them, Owner's nd is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials : ·ncurred in review of this application and/or additional staff time not covered in f------lf"«=,,i'<f--:f=--'9 Owner's initial application fee, as well as provide an escrow in the amount of Initials: $ to guarantee pa ment of the above. OTHER INF *Please note: Yo which this form will b Packet Last Updated: 03/29/13 T be accepted without a pre-application meeting during Date: &--:---2 c2-/ J Date: f!'--Zo -/_J l=tECEIVEO #36 AUG ? 1 ?i5'i 3 CITY OF OR ON O Page 9 of 31 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. 'The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." ~ ~7 (7 / l . ✓ ~ y "lj;/ ) u0 "'-=-::t;! ·%'/ -:;.~ <> 4a,,(7 p41. Jb l D 2. 3. "The variance, if granted, will not alter the essential character of the locality." ./."I/ V -e,_ 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section_) 16J.06, SuJd2}· whenjp harmony :~h this Chapter.:~ ~f: /7~-I. / 'J:h "-r' e-p::::,e3 JJ e.~~rt L± &&P //,Po/ ti/::. __ /4.<S '-'6cJ--- 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." Packet Last Updated: 03/29/13 Page 17 of 31 ReeEIVEf.;) AUG 2 1 2013 CITY OF 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ...,,.J 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): ,, --'--=---_.:.._J_.,,_·.=.e..=-----~L...-.L....L.---=c.----J-<''--""-"-;;:;....;..--"'-""'---,,,'--~=----'----=-..L-.c.,._.,_,_.w::;..._,-;:c..-"""';:::;._;,,,.----_ Packet Last Updated: 03/29/13 Page 18 Ree!1veo I,·,/ : 5 2013 CITY OF 0RONf) I- fr'. 0 z N Q d a ('I) :s ' N 0 /htN ..S- 1 9r;{3;1c/C -1/itL 6<='~@ 51,f).P IM~ C..,~ ror Konaia tt. uemuiiing of Lot 1 , Bloc 1 , CHIPPEWA Hennepin County, Minnesota PC Exhibit C 0 0 m 5 't.8./ ~ 0 .. 0 z I i PC Exhibit E ¼) ......... \ ) ¥ '\..J, "' --~ -==,;__ \'~~~ ·,\ \ ) / / / ,, /,{ , / r-------------------------------------------------------------------------------------,-I< 13-412 CRRTIFICATE OF SURVEY FOR DALE RICHARDSON OF LOT 1, BLOCK, CHIPPEWA HENNEPIN COUNTY, MINNESOTA 43 2 5 Ch,~pewo__ LA RECEIVED NOV 1'5 2013 CITY OF ORONO . N 89°26'00" W 149.01 --------------------------- co N 0 0 0 ("') s 1 DECK PROPOSED r:,·1ro·· SHED eJ N 0 0 0 ("') I .. 34.4 ·····-. ---" > LO .-~; •••.•••.........• rn . 41 .7 '": 5~} .................... ?' ~ C') (0---~~-,--··················· LC) ~ ........ <~··'---··-r ~ EXISTING HOU~~ ~.I.~ ,--rr ~V"'-v N 00 (0 -# .•f ">?!:: ,✓, 0 ~ l ....... ..?.ey,g__. I .,.6 :;: m g )II( WELL --------------- ROAD EASEMENT SHOWN >-~ ~ ~ Cl a.. 0 ~ u :s m (9 z ~ Cl) x w 0 oi 0 ..... 1 ON COUNTY MAP z 2 co --~~ ---------- LO N t'-.1 QQ 0 2a•r"'" \\if\! -1 AO vf"l -11 •·•u -..l UI..IV " 1-tv. CHIPPEWA LANE I.!) N ---------------------. ----------------------------- LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, CHIPPEWA • : denotes iron marker found o : denotes iron marker set This survey shows the boundaries of the above described property and the location of an existing house, deck , and driveway thereon . It does not purport to show any other improvements or encroachments. I hereby certify that this survey, plan, or report was prepared by me _ or under me direct supervision and that I am a duly Licensed Land Surveyorl 1" := 30' f SC;\LE GRONBERG & ASSOCIATES, INC. CONSUL TING ENGINEERS , LAND SURVEYORS , SITE PLANNERS 445 N. WILLOW DRIVE . LONG LAKE , MN . 55356 952·4 73-4141 under the laws of the State of Minnesota . · t-----~""'~-! . DAlE ~✓-✓-~ Mark S. Gronberg Minnesota License Number 12755 1i-5 •13 '11 -15-·13 . .-xa'ICl~CC-...... .::.7..11,Ma:, JO B NC. 13-41 ? .... ·~..,,.;,~~---J -0 () m >< ~ a ;:.: CJ RUN DATE: 8/21/2013 38 3 1-118-23 42 0009 D RICHARDSON & T RICHARDSON 4325 CH IPP EWA LA JOSEPH PETRUSA JANELLE PETRUSA POBOX5l2 LONG LAKE MN 55356 38 31-1 18-23420015 J GORSUCH & S GORSUCH 4360 CH IPP EWA LA J EFFREY GORSUCH SARAH GORSUCH 4360 CH IPP EWA LA MAPLE PLAIN MN 55359 38 3 1-118-23420019 T J & K L MCCAFFREY 4265 CH IPP EWA LA THOMAS & KATHLEEN MCCAFFREY 4265 CHIPPEWA LA MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REP HENNEPIN f'~\INTY PROPERTY INFORMATION SYSTEM (PROPERTY f'"'NERS LIST) 38 31-118-23 42 0010 GREGORY HALLDIN ETAL . 4315 CHIPPEWA LA GREGORY HALLDIN 4315 CHIPPEWA LANE MAPLE PLAIN MN 55359 38 31-118-23 42 00 17 J M FRITZLER ET AL 4385 CHIPPEWA LA J MARC FRITZLER DESYL L PETERSON 4385 C HIPPEWA LA MAPLE PLAIN MN 55359 38 31-1 18-23 42 0020 JOHNS W & LYNNE YOUNG 4355 CHIPPEWA LA JOHN YOUNG 4355 CHIPPEWA LA MAPLE PLAIN MN 55359 SENTATION OF INFORMATION 38 3 1-11 8-2342001 1 J L CORNICK & D L CORN ICK 4305 CHIPPEWA LA JAMES & DEBRA CORNICK 4305 C HI PPEWA LA MAPLE PLAIN MN 55359 38 31-118-23420018 J S DETERS & K M DETERS 320 TURNHAM RD JEFFREY & KELLY DETERS 320 TURNHAM RD MAPLE PLAIN MN 55359 PC Exhibit G) #3632 RECEIVED AUG 2 7 2013 CITY OF ORONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) -~~......;...i._::ru'---1L ....... H_u_t .;......;[ (,___d...;_i (_,_of [print name(s)] have reviewed the plans for the proposed improvement or proposed use of the property located at LfJt2=< C/"'-ippu) L-h also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. rJt/)A ®ac@L-, 7/:i:;/ J!J'°' Property Owner -Date ' If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. *********************************************-lrl:********************************************************************************** ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application· No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. Packet Last Updated: 03129113 l'ft=r c:IYED SEP ~ 3 2013 CITY OF ORONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) have reviewed the plans for the proposed improvement or proposed use of the property located at 1f->~·5;CtvJr...11:w,::-,~ LP-----e...-,-also referred to as Land Use Application No. r~ ---- 1 (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the ~ . f)f .. O)(ement PJarf and that the proposed neighbor's project or use req4ires Council approval. '1 / I ;/ ( 1 Ji c)UJ, Pt,rty Owne Date () I_J'/A/ 23 / '7 Date- If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. ********************************************************************************************************************************* ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Packet Last Updated: 03129/13 RECf;IVE SEP -3 i013 , etTY OF 0RON9, HENNEPIN COUNTY MAIL LABEL GENERA TOR PC Exhibit H U Hennepin County Mailing Label Map n Provided By: Taxpayer Services Department _,.., ___ ,--___ .-1 -------.J•l --------,it ....,.....,.....,.._ __________ __,,... _ _.,_....._..._._-!-- 1151 ; 31 -11 8-23 -42 I I For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis.info@co.hennepin.mn.us Map Comments: -Type Comments Here - I ll Print Date: 8/21/2013 Map Scale: 1" = 210' Buffer Size: 150 feet -t tCI __ "'' J 111"/J Map Legend : Wat.er Parl( P,ucel [=:J Buffer Region Selected Parcels #363 2 I ,u Major Roads Minor Roads II '_,,~ .. -~r-. RECEIVED AUG 2 7 7n13 CITY OF ORONO ,' ,, I :' 8/21 /2013 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. ked if those vertical pilings are drilled or driven. Council Exhibit F the holes would be dug with an auger. GustafsQI,'l,':§:tated thx.contractor tha 111 be doing om the lakeside with a big excavator and th~tji slope. Curtis stated an erosion permit of all the permitting that is require Acting Chair Landgraver opened the puo · Schoenzeit commented it looks like a Landgraver noted last ti ';\ ·:::::}:;;, .·>: ,.' hiesse secJ~d • • ·. ···· :hp and B regarding erosion, and asked commend approval of Application No. 1 12, Dale · :Qrpess, 4395 North Shore Drive, granting o f ~f~ 6, Nays 0. ~3632 DALE;IUe.soN, 4315CHIPPEWA LANE, AFTER-THE-FACT E, 7:14 P.M. -1?lt,*ivi1;,. sf1i~t1M~4~9n, Applicant, wasi\i¥i~ht. Curti;'~t~t~,:~,~jlpllcant is r~i{i~iiilg an after-the-fact variance approval in order to allow an 8' x 8' deck construd(~:\V'~~~;theJe,g~if~ SO-foot side setback. In April of 2013, the property owner applied for a building p~if fni~ijµ,~ct'a rear deck on the home. The property owner was notified that the application was inco: · : ;~ survey had not been submitted. In August, the City building inspector noticed that a new deck . .. een constructed on the rear of the home without a permit. The property owner was notified and encouraged to either remove the deck or apply for a variance to allow the deck to remain. The property owner applied for a variance in September and submitted the final information in November. The property is located in the RR-lA, five-acre minimum rural residential district. The subject property, however, is approximately one acre in size and has 149 feet in width where 300 feet is required. The substandard area and width, combined with the location of the existing home, make it difficult to Page 8 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. construct conforming additions or appurtenances. The deck was constructed 34.4 feet from the west side lot line where a 50-foot setback is required. The applicant's home is situated as close as 28.2 feet to the east s.ide lot line where a 50-foot setback is required. The 8' x 8' deck is located at the rear of the home andiJ§)$~J ba9~}.4.4 feet from the property line to line up with an existing patio door. · ··· ·. pre zone is a practical Staff finds that the substandard size of the applicant' sJ1rS~ ;i/ difficulty. The applicant's home is located within th~'.jtiq.ijired s· further than the edge of the home to be in line with · · · V dee~ }s set back will have an adverse visual impact on either adjoinin' Planning Staff recommends approval of the after­ property owner shall be required to apply for and addition, the deck will need to be inspected by t Lemke asked how the building inspector will Curtis indicated she is not sure exactly how .. _. excavated. Curtis stated the building inspe~\~ijt~ave Landgraver asked if there is a shed~.> ·•~ p:Jte~_-f:lj;t:t )<:ely they will need to be in other situations. the deck In Curtis indicated a permit was isSI.I~':fJ~\~e shed aft~{ij~'l~jhs construction without a permit and prior to this hearing. Curtis st1,tj~f ffi~/qeck was constructe'.diir(a conforming location. Dale Richardsop., plicant, n~f~&fi~ii)i.!,:r~placement deck and not a new deck. The stairs and landing were demgr · ;Purchasingtijfjt;~~' The swallow footings for the deck were removed and replace ptlito9tlhgs. Ric ha · ..... _· · · .. ··-· t~ he did take photographs of the footings prior to cover up, whichis;'stfuigiird proced iy.cfJiihdicated he applie~\~ Jf ~itlpit back i~~arch of last year and received no response from the .~· !:,o.yer 60 days so he wentElfi~ftd.and finished the work. ::fill ,.. •· i1:1.n<igraver opene~0ii~hblic hearing at 7:19 p.m. There ~~;~ hiJ1Jbtiq·coµime*tJ{~iirding this application. Acting Chair La~d~l~t·J1J[~a;~e public hearing at 7:19 p.m. :tr:,}.:'> Schoenzeit moved, McGr,nn seconded, to recommend approval of Application No. 13-3632, Dale Richardson, 4325 Chippewa Lane, granting of an after-the-fact variance in order to allow an 8' x 8' deck within the 50-foot side setback, subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Thiesse asked whether an existing patio door is a passive statement for allowing something to be there. Thiesse noted there have been a number of buildings constructed with just a patio door. Page 9 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. Curtis stated it is dependent on the property and the situation. A minimal landing is allowed under the building code. Curtis indicated Staff does their best with new construction to notify the applicant of what the structural requirements, hardcover limitations, etc., are in each case. #14-3646 GEORGE STICKNEY ON BEHALF OF ~,~PRC,f;l!:RTIES, LLC, 1535 S POINT ROAD, SUBDIVISON: PRELIMINARY B)}tJ4.i7::t,fJ~M. -7:38 P.M. Curtis stated t applicant is requesting preliminary lots from the orig 14.89 acres. There will be two buildable land; and t 2 is proposed to contain 2.3 acre .• the LR-1B, One Family akeshore Residential District, jij~f·. residential uses with a min um lot size of one dry builda:B}e1acr~~:; conformity with the guiding o his area for single-farni,ly lakeshore res dry, cated in ore ivision is in lopment at a maximum density of one unit pe ne acre. ; t The proposed single-family developm t wi. /. . V co~:rit:nt with existing development in the surrounding neighbo ~mum lot size. The subject property at 4.89 acres is the largest prope 1 rtding properties on Bohns Point vary in size from 0.45 to 3 acres. ··· · '"> The home on the site to be platted ;;i~moved in .... .... .. ~it}~perty is currently vacant. The property currently has two sewer s~l:>~;serving the pfo ' . 1.,'.~tber than the approximately 470 feet of lakeshore and a large lagoon 11~1:l:l;~i}i;µ(e, there are · ble'characteristics of the property. The property ~~.s.i1iWJ-m,?.?n the.~is1:'Jtf> Point. Eac of the proposed properties will have frontage ?n,t}r~s 11?ilirj~i.~11d both lot~ •• d to be serve city sewer and private wells. Accordi11gi1tiitJjcff,lt,.tffZon,ing Districts all of the lots st contain 1.0 dry acre and meet a 140-fo tequireine;;r1,~1~t1tb,~lakesh e'mi... he 75-foot struc al setback from the lake. The eshore setbackasi:(l~t~rinµi by the existing homes at 159 ohns Point road and 3265 t Lake is closer totti~lJ · than the 75-foot setback due to the cation of the lagoon. Both of ted new building pad! ''. ~!Q.ns meet the average lakeshore setba . Pr~p~$ed>i~1t'o/iH have 2.6 actJ#:~f dry land. This lot is proposed to have 1 plus feet of frontage along the'•1~jllll~J90 fee t f;lj:e;tz~,..foot setback. There is a sufficient buildable velope available, and all of the requireail:5R·J . oisi:t;i.<ttfot line setbacks and hardcover standards can be t. Proposed Lot 2 has r':re~11l i~dth at the lake when measured in a straight line at the contour and 270 s feefµ1..\vidth at the 75-foot setback from the lagoon. This lot is pro sed to contain 2.3 plus dry ac sin area. ,:All required LR-1B setbacks and hardcover limitations can reas able be met when this lo developed with a new home. This sub 1vision does not require any public improvements. However, the applicant has propo d a sugge ed grading plan which intends to establish a new base elevation for the properties. This n M' base elev: ion is to be considered a new existing grade for the purposes of height and number of stories d ermination. The Planning Commission should determine whether the character of the area will n pacted and will tie into the existing grades on neighboring properties in a manner that appears as Page 10 of 26 CITY OF ORONO 2750 Kelley Parkway PO Box66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: #13-3632 Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 24 January 2014 TO: Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 TYPE OF REQUEST: ATF Variance DATE OF MEETING: 21 January 2014 COPIES: The Orono Planning Commission voted on a motion to recommend approval of the Variance. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, February 10, 2014 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission . If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn .us or 952 .249.4627 . MINUTES OF THE ORONO PLANNING--COMMISSIO~MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. Thiesse a ed if those vertical pilings are drilled or driven . Gustafson state e holes would be dug with an auger. Gustafson stated the ntractor that will be doing the work will start fr the lakeside with a big excavator and then move t r way up the slope . Land graver asked if there ar Curtis stated an erosion permit and of all the permitting that is required . Acting Chair Landgraver closed the pub · hearing at 7: 13 p .m . Schoenzeit commented it looks Ii d and that the applicant has been on top Land graver noted last time e of the neighbors had voiced some concerns re if any additional comme have been received . s not received any additional comments from that neighbor but that tted a letter in support of the project. Schwing} moved, Thiesse seconded, to recommend approval of Application No. 13-3612, D Gusta n on behalf of John and Barbara Corness, 4395 North Shore Drive, granting of a tional use permit amendment. VOTE: Ayes 6, Nays 0. 4. #13-3632 DALE RICHARDSON, 4325 CHIPPEWA LANE, AFTER::.THE-FACT VARIA CE, 7:14 P.M. -7:2 L£.M. Dale Richardson, Applicant, was present . Curtis stated the applicant is requesting an after-the-fact var iance approval in order to allow an 8' x 8 ' deck constructed within th e required SO-foot side setback. In April of 2013 , the property owner applied for a building permit to construct a rear deck on the home . The property owner was notified that the application was incomplete as a survey had not been submitted . In August, the City building inspector noticed that a new deck had been constructed on the rear of the home without a permit. The property owner was notified and encouraged to either remove the deck or apply for a variance to allow the deck to remain. The property owner applied for a v ariance in September and submitted the final information in November . The property is located in the RR-1 A , five -acre min imum rural residential district. The subject property , however, is approximately one acre in size and has 149 feet in width where 300 feet is required. The substandard area and width, combined with the location of the existing home, make it difficult to Pag e 8 o f 26 MINUTES OF THE ORONO P I:"ANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m . construct conforming additions or appurtenances. The deck was constructed 34.4 feet from the west side lot line where a SO -foot setback is required. The applicant's home is situated as close as 28.2 feet to the east side lot line where a SO-foot setback is required. The 8' x 8' deck is located at the rear of the home and is set back 34.4 feet from the property line to line up with an existing patio door . Staff finds that the substandard size of the applicant's property within the five acre zone is a ptactical difficulty. The applicant's home is located within the required side yard setback. The deck is set back further than the edge of the home to be in line with an existing patio door. It does not appear that the deck will have an adverse visual impact on either adjoining neighbor. Planning Staff recommends approval of the after-the -fact variance to allow the deck to remain . The property owner shall be required to apply for and receive approval of a building permit for the deck. In addition , the deck will need to be inspected by the building official. Lemke asked how the building inspector will inspect the footings . Curtis indicated she is not sure exactly how it will be done but that it is likely they will need to be excavated. Curtis stated the building inspectors have done that in the past in other situations. Landgraver asked if there is a shed on the property . Curtis indicated a permit was issued for the shed after the deck was construction without a permit and prior to this hearing. Curtis stated the deck was constructed in a conforming location . Dale Richardson, A p p licant, noted this is a replacement deck and not a new deck. The stairs and landing were demolished prior to purchasing the property . The swallow footings for the deck were removed and replaced with full-depth footings. Richardson stated he did take photographs of the footings prior to covering them up, which is standard procedure . Richard indicated he applied for a permit back in March of last year and received no response from the City for over 60 days so he went ahead and finished the work . Acting Chair Landgraver opened the public hearing at 7: 19 p .m. There were no public comments regarding this application. Acting Chair Landgraver closed the public hearing at 7: 19 p.m . Schoenzeit moved, McGrann seconded, to recommend approval of Application No. 13-3632, Dale .Richardson, 4325 Chippewa Lane, granting of an after-the-fact variance in order to allow an 8' x 8' deck within the SO-foot side setback, subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Thiesse asked whether an existing patio door is a passive statement for allowing something to be there. Thiesse noted there have been a number of buildings constructed with just a patio door. Page 9 of 26 MINUTES OF THE ORONO PLANNING COMMISSlON MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. Curtis stated it is dependent on the property and the situation . A minimal landing is allowed under the building code. Curtis indicated Staff does their best with new construction to notify the applicant of what the structural requirements, hardcover limitations , etc., are in each case. #14-3646 GEORGE STICKNEY ON BEHALF OF DNA PROPERTIES, LLC, 1535 POINT ROAD, SUBDIVISON: PRELIMINARY PLAT, 7:21 P.M. -7:38 P.M. licant is requesting preliminary plat approval to create one new 2-pl lots from the origin 4.89 acres. There will be two total lots . Lot 1 is proposed to con m 2 .6 acres dry , buildable land; and L 2 is proposed to contain 2.3 acres dry , buildable lane . The p erty is located in the LR-lB, One Family akeshore Residential District, which allow for single-fa · y lakeshore residential uses with a min um lot size of one dry buildable acre . The propose subdivision is in conformity with the guiding this area for single-family lakeshore residential evelopment at a maximum density of one unit p The proposed single-family develop ent with two-plus acre lot sizes is onsistent with existing · development in the surrounding neighB hood where one acre is the nimum lot size. The subject property at 4.89 acres is the largest prope on Bohns Point. The s · rounding properties on Bohns Point · vary in size from 0.45 to 3 acres. The home on the site to be platted was removed e property is currently vacant. The property currently has two sewer stubs serving the ope~ Other than the approximately 4 70 feet of lake shore and a large lagoon near the lake, there are n n able characteristics of the property. The property is situated on the west side of Bohns P . ach of the proposed properties will have . frontage on Bohns Point and both lots are propose to be se ed by city sewer and private wells . According to the LR-lB Zoning District standar , all of the I s must contain 1.0 dry acre and meet a 140-foot width requirement at the lakeshore a at the 75-foot s ctural setback from the lake. The average lakeshore setback as determined b e existing homes at 95 Bohns Point road and 3265 Bohns Point Lake is closer to the lake th the 75-foot setback due to e location of the lagoon. Both of the suggested new building p ad locatio s meet the average lakeshore se ck. Proposed Lot 1 will have 2.60 acr along the lake and 190 feet at th 5-foot setback. There is a sufficient buildab nvelope available , and all of the required LR-lB distt:· t lot line setbacks and hardcover standards can be Proposed Lot 2 has 267 fi in width at the lake when measured in a straight line at the contour and 270 plus fe in width at the 75-foot setback from the lagoon. This lot is prop ed to contain 2.3 plus dry acres in ea. All required LR-lB setbacks and hardcover limitations can reaso ble be met when this lot is dev. oped with a new home. This subdivisi does not require any public improvements. However, the applicant has proposed suggested cling plan which intends to establish a new base elevation for the properties. This new b e elevation · to be considered a new existing grade for the purposes of height and number of stories determ · ation. The Planning Commission should determine whether the character of the area will not be imp ed and will tie into the existing grades on neighboring properties in a manner that appears as Page 10 of 26 Subject: Background #13-3632, Dale Richardson, 4325 Chippewa Lane, Variance Request In August, the City building inspector noticed that a new deck had been constructed on the rear of the home without a permit. The property owner was notified and encouraged to either remove the deck or, because of the nonconforming location, apply for a variance to allow the deck to remain. The property owner applied for a variance in September and submitted the final information in November. The property is located in the RR-lA five-acre minimum rural residential district . However it is approximately 1-acre in area and has 149 feet in width where 300 feet is the required minimum width. The substandard area and width combined with the location of the existing home make it difficult to construct conforming additions to the home . The applicant's home is situated as close as 28.2 feet to the east side lot line where a 50 foot setback is required. The 8' x 8' deck is located at the rear of the home and is set back 34.4 feet from the property line where a SO-foot setback is required in order to line up with an existing patio door. Staff finds that the substandard size of the applicant's property within a five acre zone is a practical difficulty. The applicant's home is located within the required side yard setback. The deck is set back further than the edge of the home to be in line with an existing patio door. It does not appear that the deck will have an adverse impact on either abutting neighbor visually . Staff Recommendation Planning Staff recommends approval of the after-the-fact variance to allow the deck to remain . The property owner shall be required to apply for and receive approval of a building permit for the deck . Additionally, the building official should inspect the deck construction . CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3632 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of January, 2014. ~~Q,~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on TUESDAY, January 21, 2014 , beginning at 6 :30 p .m . on the matter of reviewing the following land use applications and vacation requests: 13-3612 13-3632 13-3644 13-3645 14-3646 14-3647 Dale Gustafson on behalf of John and Barbara Corness , 4395 North Shore Drive , LR-1 B zoning district, requests a conditional use permit amendment in order to correct an erosion and stormwater drainage issue within 75 feet of Lake Minnetonka . Dale Richardson , 4325 Chippewa Lane, RR-1 B zoning district, requests an after­ the-fact setback variance to permit a deck to remain as constructed approximately 34 feet from the side lot line where a 50 foot setback is normally required . City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding minimum standards for dwelling unit size and dimensions. THN Enterprises , Inc., on behalf of Gary Briggs, 1905 Concordia Street, LR-1C zoning district , requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Minnetonka in order to repair a failure of the lakeside slope . George Stickney on behalf of DNA Properties , LLC, 1535 Sohns Point Rd , LR-1 B zoning district, requests preliminary plat approval in order to subdivide to create one additional buildable lot. Luke Kujawa on behalf of EOF Investments LLC , 1444 Shoreline Drive , B-2 zoning district , requests commercial site plan approval in order to install a below grade fuel storage tank . All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by January 14 , 2014 if possible . Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By : Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on January 4 , 2014 . Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN l)AfE: 8/21/2013 38 31-118-23 42 0009 D RICHARDSON & T RICHARDSON 4325 CHIPPEWA LA JOSEPH PETRUSA JANELLE PETRUSA POBOX512 LONG LAKE MN 55356 38 31-118-23 420015 J GORSUCH & S GORSUCH 4360 CHIPPEWA LA JEFFREY GORSUCH SARAH GORSUCH 4360 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 420019 T J & KL MCCAFFREY 4265 CHIPPEWA LA THOMAS & KATHLEEN MCCAFFREY 4265 CHIPPEWA LA MAPLE PLAIN MN 55359 HENNEPIN C("''.JTY PROPERTY INFORMATION SYSTEM (PROPERTY O\''"'ERS LIST) PAGE: 1 38 31-118-23 42 0010 GREGORY HALLDIN ETAL 4315 CHIPPEWA LA GREGORY HALLDIN 4315 CHIPPEWA LANE MAPLE PLAIN MN 55359 38 31-118-23420017 J M FRITZLER ET AL 4385 CHIPPEWA LA J MARC FRITZLER DESYL L PETERSON 4385 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 42 0020 JOHNS W & LYNN E YOUNG 4355 CHIPPEWA LA JOHN YOUNG 4355 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 420011 J L CORNICK & D L CORNICK 4305 CHIPPEWA LA JAMES & DEBRA CORNICK 4305 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 420018 J S DETERS & K M DETERS 320 TURNHAM RD JEFFREY & KELLY DETERS 320 TURNHAM RD MAPLE PLAIN MN 55359 #3632 RECEIVED AUG 27 2013 CITY OF ORONO AFFIDAVIT OF PUBLICATIOJ\ STATE OF MI NN ESOTA ) ss C O UN TY OF HE NN EPI N , CA RV E R ) C h arle n e Vold be in g dul y swo rn on a n oath , states or affir m s th at th ey a re the Au tho1i zed Agent or th e n ewspaper(s) known a s: Th e Laker, Th e Pi oneer and h as ru ll knowl edge o f th e fact s stated below : (A ) Th e new spape r ha s complied with all or the requirements con stitutin g qualifica­ tion as a qualified newspa per as provided b y Minn . Stat. §3 31A.02 , ~33 1A.07, and o the r ap pli cable law s as a mended. (B) Thi s Publi c Notice was printed and pub­ lish ed in said n ew s pape r (s) for 1 succes­ siv e issues ; the first in sertion bein g on 01/04 /2014 a nd the la st in sertion bein g on 01/04/2014. Authorized Agent Sub scrib ed a nd sworn t o or affirmed b efo re m e on 01 /04/2014. No tary Public Rate Information : (1) Lowest classified rate paid by commercial users for compara bl e space: $15.00 per col urnn inch Ad ID 1557 4 6 City of Orono (Official Publication) NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 The Orono Planning Commis­ sion wilf hold a public hearing in the .Orono Council Chambers at 2780 Kelley Parkway on TUESDAY, Jan­ uary 21 , 2014, beginning at 6 :30 p.m. on the matter of rev iewing the following land use applications and vacation requests : 13-3612 Dale Gustafson on be­ half of John and Barbara Garness , 4395 North Shore Drive, LR-1 B zoning district. requests a condi­ tional use permit amendment in order to correct an erosion and stormwater drainage issue within 75 feet of Lake Minnetonka. 13-3632 Dal e Richardson , 4325 Chippewa Lane, RR-1 B zoning district , requests an after-the-fact setback variance to permit a deck to remain as constructed approxi­ mately 34 feet from the side lot line where a 50 foot setback is normally required. 13-3644 City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding mini­ mum standards for dwelling unit size and dimensions. 13-3645 THN Enterprises , Inc ., on behalf of Gary Briggs, 1905 Concordia Street, LR-1C zo ning distri ct, requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Min­ netonka in order to repair a failure of the lakeside slope. 14-3646 George Stickney on be­ half of DNA Properties, LLC , 1535 Sohns Point Rd , LR-18 zoning district , requests preliminary plat approval in order to subdivide to create one additional buildable lot. 14-3647 Luke Kujawa on behalf of EOF Investments LLC, 1444 Shoreline Drive, 8-2 zcining district, requests commercial site plan ap­ proval in order to install a below grade fuel storage tank. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject t o change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by January 1 4, 2014 if possible . Interested per­ sons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono · By: Planning Commission Melanie Curtis Planning & Zo ning Coordinator To be published in The Laker & The Pioneer Newspapers on January 4 , 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 01/04/1 4, Jan 21 Land Use Re­ quests PHN 10 January 2014 Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 SUBJECT: Zoning Application #13-3632 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us On November 15, 2013 the requested updated survey was submitted and your application for after-the-fact variances was considered to be complete. Your application is scheduled to be heard by the Planning Commission on Tuesday, January 21, 2014 and would not appear before the City Council until at least February 10, 2014. The current deadline for City action on your application based on the application completion date is January 14, 2014. Because your application will not be before the Orono Council until after the 60 -day review period expires the City is extending the time period for City action on application #13-3632 under Minn. Stat. § 15.99, subd. 3(f). Please note the time period for action on this application is hereby extended until March 15, 2014. Your application is scheduled to be before the Planning Commission on Tuesday, January, 21, 2014. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13 -3632 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of November, 2013. ~Ot -~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, November 18, 2013, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests : 13-3616 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for alternative energy systems. 13-3632 Dale Richardson , 4325 Chippewa Lane, RR-1 B zoning district , requests an after-the­ fact setback variance to permit a deck to remain as constructed approximately 34 feet from the side lot line where a 50 foot setback is normally required . 13-3637 The Broadway Group , LLC , 2350 Watertown Road and the adjacent unaddressed property PID 34-118-23-33-0055, requests preliminary plat and RPUD Master Development Plan approval to subdivide the existing properties from 2 into 7 lots which includes a re-zoning of the properties from RR-1 B to Residential Planned Unit Development (RPUD). A vacation of an existing drainage easement is also requested. 13-3640 James Murphy, 20 and 30 Orono Orchard Road North, RR-1B zoning district requests approval of a lot line rearrangement between the two properties. 13-3641 Trinity Lutheran Church , 2060 Sixth Avenue North, RR-1B zoning district requests a conditional use permit in order to construct a memory garden which will include a columbarium structure. 13-3642 Mike Sharratt on behalf of Ziv & Tali Liberman, 2690 Caroline Avenue, LR-1C zoning district requests average lakeshore setback variance in order to create an elevated patio with retaining walls ahead of the average lakeshore setback line . 13-3643 John Brunelle , 825 Willow Drive S, RR-1B zoning district, requests side yard and wetland setback variances in order to establish a buildable envelope for the purpose of designing a new single family home on the property. 13-3644 City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding minimum standards for dwelling unit size and dimensions . 13-3645 THN Enterprises, Inc., on behalf of Gary Briggs, 1905 Concordia Street, LR-1C zoning district, requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Minnetonka in order to repair a failure of the lakeside slope. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings . Written comments are accepted and should be submitted to the City of Orono by November 12, 2013 if possible . Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission ... uat40Uz[/ Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on November 2, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE. 8/2:/2013 38 31-118-23 42 0009 D RICHARDSON & T RICHARDSON 4325 CHIPPEWA LA JOSEPH PETRUSA JANELLE PETRUSA PO BOX 512 LONG LAKE MN 55356 38 31-118-23420015 J GORSUCH & S GORSUCH 4360 CHIPPEWA LA JEFFREY GORSUCH SARAH GORSUCH 4360 CHIPPEWA LA MAPLE PLAIN MN 55359 3831-118-23 42 0019 T J & KL MCCAFFREY 4265 CHIPPEWA LA THOMAS & KATHLEEN MCCAFFREY 4265 CHIPPEWA LA MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REP AS IT APPEAR THIS D DATE: 8°; .:z_. HENNEPIN C<'""'-1TY PROPERTY INFORMATION SYSTEM (PROPERTY O""'ERS LIST) PAGE: 1 38 31-118-2342 0010 GREGORY HALLDIN ETAL 4315 CHIPPEWA LA GREGORY HALLDIN 4315 CHIPPEWA LANE MAPLE PLAIN MN 55359 38 31-118-23 42 0017 J M FRITZLER ET AL 4385 CHIPPEWA LA J MARC FRITZLER DESYL L PETERSON 4385 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 42 0020 JOHNS W & LYNNE YOUNG 4355 CHIPPEWA LA JOHN YOUNG 4355 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 42 0011 J L CORNICK & D L CORNICK 4305 CHIPPEWA LA JAMES & DEBRA CORNICK 4305 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23420018 J S DETERS & K M DETERS 320 TURNHAM RD JEFFREY & KELLY DETERS 320 TURNHAM RD MAPLE PLAIN MN 55359 #3632 RECEIVED AUG 2 7 2013 CITY OF ORONO AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUN TY OF HE NNEP IN , CARVER ) Charlene Vold being duly sworn on an oath , states or affi rm s that they are the Authorized Agent of th e new spaper(s) known as: The Laker, The Pioneer and ha s full knowledge of the facts stated below: (A) The newspaper h as complied with all of the requirements constituting qualifica­ tion a s a qualified new spaper a s provided by Minn. Stat. §331A.02, §331A.07, and other app licable law s as amended. (B) This Public Notice was printed and pub­ lished in said newspaper(s) for 1 succes­ sive is s ue s; the first insertion being on l 1/02/2013 and the la st insertion being on 11/02/2013. By: ~-.,,~voill. Authorized Agent Subscribed an d sworn to or affirmed before me on 11/02/2013. ~tl~blk '~~' Rate Inform ation: ( 1) Lowest classified rat e paid by commercial users for comparable space : $15.00 per column inch Ad ID 4 8095 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952}249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis­ sion will hold a public hearing in the Orono Council Chamber., at 2780 Kelley Parkway on Monday, No­ vember 18 , 2013, beginning at 6 :3 0 p.m. on the matter of reviewing the following land use applications and vacation requests: 13-3616 City of Orono propos­ es amendments to Orono Zoning Code Chapter 78 regarding provi­ sions and standards for alternative energy systems. 13-3632 Dale Richardson , 4325 Chi p pew a Lane , RR-1 B zoning d istrict, req uests an after-the-fact setback variance to permit a deck to remain as constructed approxi­ mately 34 feet from the side lot line where a 50 foot setback is normally required. 13-3637 The Broadway Group, LLC , 2350 Watertown Road and the adjacent unaddressed property PID 34-11 B-23-33-0055, requests preliminary plat and RPUD Mas­ ter Development Plan approval to subdivide the existing properties from 2 into 7 lots which includes a re-zoning of the properties from RR-1 B to Residential Planned Unit Development (RPUD). A vacation of an existing drainage easement is also requested . 13-3640 James Murphy, 20 and 30 Orono Orchard Road North , RR-1 B zoning district requests ap­ proval of a lot line rearrangement· between the two properties. 13-3641 Trinity Lutheran Church , 2060 Sixth Avenue North, RR-1 B zoning district requests a cond i­ tional use permit in order to con­ struct a memory garden which will include a columbarium structure. 13-3642 Mike Sharratt on behalf of Ziv & Tali Liberman , 2690 Caro­ line Avenue , LR-1 C zoning district requests average lakeshore set­ back variance in order to create an elevated patio with retaining walls ahead of the average lakeshore setback lin e. 13-3643 John Brunelle, 825 Wil ­ low Drive S, RR-1B zoning district, requests side yard and wetland setback variances in order to es­ tablish a buildable envelope for the purpose of designing a new single family home on the property. 13-3644 City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding mini­ mum standards for dwelling unit size and dimensions. 13-3645 THN Enterprises, Inc ., on behalf of Gary Briggs , 1905 Concordia Street, LR-1 C zoning district , requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Min­ neto nka in order to repair a failure of the lakeside slope. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings . Written comments are accepted and should be sub­ mitted to the City of Orono by Novembe r 12, 2013 if possible . Interested per.,ons may review the applications at City offices. For an appointment, please call (952) 249- 4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspaper., on November 2 ,2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 11 /2/13, The laker and The Pio­ neer, land Use Applications , 48095 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss C OUNTY OF HENNEPIN , CARVER ) C h a r len e Vold bein g dul y sworn on a n o a th , st a tes or a ffirm s that they are the Authorized Agen t or th e new spapet(s) known a s: Th e La ker, Th e Pionee r a nd has f ull kno wled ge o f th e fa c ts sta ted be low : (A ) Th e newsp a per ha s complied with a ll o f th e requirem ent s con s tituting q ua li fica ­ ti o n as a qu a lified newspa per as provided b y Minn . Stat. *3 31A.02 , ~3 31A .0 7, a n d oth er appli cabl e law s a s amended . (B ) Thi s Public Notice was printed and pub­ li s hed in said new spaper(s) for l s ucces­ sive iss ues; the first in sertion bein g on I I /02/2 013 and th e la st inse rtion b ein g on 11 /02 /201 3. By :_~~ __ V_D~lU __ Author ized A gen t Sub sc ribed a nd sworn to or affirmed before m e on 11/02/201 3 . Rate lnformation : (I ) Lowest cl ass ified rate paid by comm erc ia l users for compara ble sp ace : $15 .00 p er column inch Ad ID 4 8095 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis­ sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, No­ vember 18 , 2013, beginning at 6 :30 p.m. on the matter of reviewing the following land use applications and vacation requests : 13-3616 City of Orono propos­ es amendments to Orono Zoning Code Chapt er 78 rega rding provi­ sions and standards for alternative energy systems . 13-3632 Dale Richardson , 4325 Chippewa Lane , RR-1B zoning dist rict, requests an. after-the-fact setback variance to permit a deck to remain as constructed approxi­ matel y 34 feet from the side lot line where a 50 foot setback is normally requ ired. 13-3637 The Broadway Group , LLC, 2350 Watertown Road and the adjacent unaddressed property PIO 34-118-23-33-0055, requests preliminary plat and RPUD Mas­ ter Development Plan approval to subdivide the existing properties from 2 into 7 lots which includes a re-zoning of the properties from RR-1 B to Residential Planned Unit Development (RPUD). A vacation of an existing drainage easement is also requested. 13-3640 James Murphy, 20 and 30 Orono Orchard Road North, RR-1 B zoning d istrict requests ap­ proval of a lot line rearrangement between the two properties . 13-3641 Trinity Lutheran Church , 2060 Sixth Avenue North, RR-1 B zoning district requests a condi­ tional use permit in order to con­ struct a memory garden which will include a columbarium structure. 13-3642 Mike Sharratt on behalf of Ziv & Tali Liberman , 2690 Caro­ line Avenue , LR-1 C zoning district requests average · lakeshore set­ back variance in order to create an elevated patio with retaining walls ahead of the average lakeshore setback line . 13-3643 John Brunello , 825 Wil­ low Drive S, RR-1 B zoning district , requests side yard and wetland setback variances in order to es ­ tablish a buildable envelop e for the purpose of designing a new single family home on the property. 13-3644 City of Orono proposes an amendment to Orono Zoning Code Chapter 78 regarding min i­ mum standard s fo r dwelling unit size and dimensions. 13-3645 TH N Enterprises, Inc ., on behal f of Gary Briggs , 1905 Concordia Street, LR-1C zoning district, requests a conditional use permit for land alteration within 75 feet of the OWHL of Lake Min­ netonka in order to repair a fa ilure of the lakesid e slope . All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be sub­ mitted to the City of Orono by November 12, 2013 • if possible. Interested persons may review the applicati ons at City offices. For an appointment, please call (952) 249- 4620 . City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on November 2,2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 11 /2/13, The Laker and The Pio­ neer, Land Use Applications , 48095 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3632 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 11 th day of October, 2013. ~~a.~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 21 , 2013 , beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests : 13-3616 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for alternative energy systems . 13-3632 Dale Richardson, 4325 Chippewa Lane, RR-1 B zoning district, requests an after-the­ fact setback variance to permit a deck to remain as constructed approximately 34 feet from the side lot line where a 50 foot setback is normally required. 13-3634 Stonewood, LLC on behalf of James O 'Rourke , 3227 Casco Circle , LR-1C zoning district, requests a conditional use permit for disturbance of more than 1 O cubic yards and a hardcover variance to allow construction of new retaining walls and a new lake access stair within the Oto 75 ' zone in conjunction with an in-kind replacement of the existing boat house . 13-3635 Dale Peterson, 3515 Sixth Avenue, RR-18 zoning district requests vacation of the undeveloped adjacent private road currently platted as Rocky Knoll Drive. 13-3636 Lixiao Wang , 3059 Farview Lane, LR-1A , requests approval of hardcover and setback variances in order to construct a garage addition ahead of the average lakeshore setback line , 72 feet from the OHWL of Lake Minntonka where a 75 ' setback is required and where no structural hardcover is permitted within 75' of the OHWL. 13-3637 The Broadway Group , LLC , 2350 Watertown Road and the adjacent unaddressed property PID 34-118-23-33-0055 , requests preliminary plat and RPUD Master Development Plan approval to subdivide the existing properties from 2 into 7 lots which includes a re-zoning of the properties from RR-1 B to Residential Planned Unit Development (RPUD). 13-3639 Source Land Capital, LLC on behalf of Grant Wenkstern , 405 North Arm Dr ive, RR- 1 B zoning district, requests an amendment of the 2008-2030 Orono Comprehensive Plan in order to change the guiding of the Lakeview Golf Course property from Park , Recreation and Open Space to Rural Residential. Parcels involved in the request include 06-117-23-32-0003 ; 06-117-23-33-0005; 06-117-23-33-0007 ; 06-117-23-34- 0002 ; and 07-117-23-12-0001. All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings . Written comments are accepted and should be submitted to the City of Orono by October 15 , 2013 if possible . Interested persons may review the applications at City offices . For an appointment, please call (952) 249-4620 . City of Orono By: Planning Commission IMeitlnlL Ct.trhs ~ Melanie Curtis / Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on October 5, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DAYE: 8/21/2013 38 31-118-2342 0009 D RICHARDSON & T RICHARDSON 4325 CHIPPEWA LA JOSEPH PETRUSA JANELLE PETRUSA PO BOX 512 LONG LAKE MN 55356 38 31-118-23420015 J GORSUCH & S GORSUCH 4360 CHIPPEWA LA JEFFREY GORSUCH SARAH GORSUCH 4360 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23420019 T J & K L MCCAFFREY 4265 CHIPPEWA LA THOMAS & KATHLEEN MCCAFFREY 4265 CHIPPEWA LA MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REPR H HENNEPIN 1 "ITV PROPERTY INFORMATION SYSTEM (PROPERTY r lERS LIST) PAGE: 38 31-118-23420010 GREGORY HALLDIN ETAL 4315 CHIPPEWA LA GREGORY HALLDIN 4315 CHIPPEWA LANE MAPLE PLAIN MN 55359 38 31-118-23420017 J M FRITZLER ET AL 4385 CHIPPEWA LA J MARC FRITZLER DESYL L PETERSON 4385 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-2342 0020 JOHNS W & LYNNE YOUNG 4355 CHlPPEWA LA JOHN YOUNG 4355 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23420011 J L CORNICK & D L CORNICK 4305 CHIPPEWA LA JAMES & DEBRA CORNICK 4305 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 420018 J S DETERS & K M DETERS 320 TURNHAM RD JEFFREY & KELLY DETERS 320 TURNHAM RD MAPLE PLAIN MN 55359 SENTATION OF INFORMATION #3632 RECEIVED AUG 2 7 2013 CITY OF ORONO AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Jeremy Bradfield being dul y sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as : The Laker, The Pioneer and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualifica­ tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A .07 , and other applicable laws as amended . (B) This Public Notice was printed and pub­ lished in said newspaper(s) once each week , for I successive week(s); the first insertion being on 10/05/2013 and the last insertion being on 10/05/2013. Subscribed and sworn to or affirmed before me on 10/05/2013 . r~tcld4u~ Notary Public Rate Information: ( l) Lowest classified rate paid by commercial u se r s for comparable space: $15.00 per column inch Ad ID 33809 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis­ sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, Oc­ tober 21, 2013 , beginning at 6:30 p.m . on the matter of reviewing the following land use applications and vacation requests : 13-3616 City of Orono propos­ es amendments to Orono Zoning Code Chapter 78 regarding provi­ sions and standards for alternative energy systems . 13-3632 Dal e Richa rd so.n 4325 Chippewa Lane , RR-1B zo ning d ist rict , req uests an after-the-fact setback variance to permit a deck to remain as constructed approxi­ matel y 34 feet from the side lot line where a 50 foot setback is normally required . 13-3634 Stonewood , LLC on behalf of James O'Rourke , 3227 Casco Circle , LR-1C zoni ng di s­ trict, requests a conditional use permit for disturbance of more than 1 0 cubic yards and a hard­ cover variance to allow construc­ tion of new retaining walls and a new lake access stair within the 0 to 75 ' zone in conjunction with an in-kind replacement of the existing boat house. 13-3635 Dale Peterson, 3515 Sixth Avenue, RR-1B zoning dis­ trict requests vacation of the unde­ veloped adjacent private road cur­ rently platted as Rocky Knoll Drive. 13-3636 Li xiao Wang , 3059 Farview Lane , LR-1 A, requests ap­ proval of hard cover and setback variances in order to construct a garage addition ahead of the aver­ age lakeshore setback line, 72 feet from the OHWL of Lake Minntonka where a 75 ' setback is required and where no structural hardcover is permitted within 75 ' of the OHWL. 13-3637 The Broadway Gro up , LLC , 2350 Watertown Road and the adjacent unaddressed property PIO 34-118-23-33-0055, requests preliminary plat and RPUD Mas­ ter Development Plan approval to subdivide the existing properties from 2 into 7 lots which includes a re-zoning of the properties from RR-18 to Residential Planned Unit Development (RPUD). 13-3639 Source Land Capital, LLC on behalf of Grant Wenkstern, 405 North Arm Drive, RR-1 B zo nin g district , request s an amendment of the 2008-2030 Orono Compre­ hen sive Plan in order to change t he guiding of th e Lakeview Golf Course property from Park , Rec­ reation and Open Space to Rural Residentia l. Parcels involved in the reque st include 06-117-23-32- 0003 ; 06-117-23-33-0005 ; 06-117- 23-33 -0007; 06-117 -23-34-0002; and 07-11 7-23-12-0001. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings . Written comments are accepted and should be submitted to the City of Orono by October 15, 2013 if possible . Interested per­ sons may revie w the applications at City offices. For an appointment , . . . please call (952) 249-4620 . City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on October 5, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 1 0/5/13 , The Laker, Land Use & Vacation Requests , 33809 October 8, 2013 Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 SUBJECT: Zoning Application #13-3632 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us The deadline of October 7 was provided to you for submittal of an updated survey reflecting the as-built deck as requested in our September 9, 2013 letter. To date we have not received the required survey. As a result your zoning application remains incomplete and the property remains in violation. Please be advised because we have not received the required information the after-the-fact application will not be placed on the Planning Commission's October agenda. A copy of the September 9th letter is attached. In order to resolve the violations and have your application heard by the Planning Commission at their next meeting on November 18, 2013 the City of Orono is requesting the following to complete our review: ✓ Three (3) original scaled copies of the certificate of survey, as well as a reduced (11'x17' or smaller) or digital copy meeting all of the enclosed survey requirements and specifically indicating the following: o the existing and all proposed structures -including the deck, o existing topographic contours and all structures extending 50' past the property boundaries, and o Proposed stormwater drainage and proposed site grading if any (please indicate total cubic yards of proposed earth movement on/off site). This letter will serve as your final notification that items are missing which are necessary to complete our review. Your property is in violation of City Codes as indicated in the enclosed violation notice letter, if you wish to proceed with your application please submit the items requested above by October 23, 2013 in order to be placed on the November 18, 2013 Planning Commission agenda. If you choose not to proceed, because this is an after-the-fact/violation situation you will be required to remove the deck by or before October 23, 2013. Please be advised, if you fail to comply with this notice, this matter will be sent to the City Attorney for review and may result in criminal prosecution. Should you have any questions, contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us. Sincerely, . \ ~ Melanie Curtis Planning & Zoning Coordinator Encl c Joseph & Janelle Petrusa; PO Box 512; Long Lake, MN 55356 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #13-3632 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of September, 2013. WNALA-0 -~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday , September 16, 2013 , beginning at 6:30 p.m . on the matter of reviewing the following land use applications : 13-3616 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for alternative energy systems . 13-3623 Clairson Dutra on behalf of Lin Yan, 1330 Cherry Place, LR-1 B zoning district , requests conditional use permit and hardcover variance approval in order to conduct land alterations on the property within 75 feet of Lake Minnetonka and construct a 6 foot wide lakeshore access stair resulting in 198 square feet of hardcover. 13-3627 Richard Etrheim & Rebecca Shabaz , 2216 Shadywood Road, LR-1 C zoning district, request an average lakeshore setback variance in order to permit construction of an in-ground spa ahead of the average lakeshore setback . 13-3628 Thomas Potter on behalf of Rodney & Barbara Burwell , 1100 Millston Road , LR-1A zoning district, requests variances to allow construction of a second oversized accessory structure (a 26 ' x 64' detached garage) 25 feet from the side lot line where a 30 foot setback is required and only one oversized accessory structure is permitted. 13-3629 Ryan & Stacy Alness , 1169 North Arm Drive, LR-1 B zoning district, request approval of a subdivision to create two separate buildable lots where one lot currently exists by virtue of a Special Lot Combination Agreement. Subdivision approval includes variances for lot area and lot width as well as extinguishment of the Special Lot Combination Agreement. 13-3630 Bill Coffman on behalf of Ervin Wachman , Plat of Bayside Meadows (PIN 06-117- 23-22-0018), RR-1 B zoning district requests approval of a variance to allow reduction in the required number of boulevard trees and variation on the proposed tree spacing for a new subdivision. 13-3631 Landsource, LLC represented by Todd Holmers , 3700 Northern Avenue , LR-1 C zoning district, requests approval of a subdivision to create six buildable lots where one lot currently exists . 13-3632 Dale Richardson , 4325 Chippewa Lane, RR-1 B zoning district , requests an after-the­ fact setback variance to permit a deck to remain as constructed approximately 34 fee t from the s ide lot line where a 50 foot setback is normally required . All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 10, 2013 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commiss ion Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on August 31, 2013 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 8/21/2013 38 31-118-23 42 0009 D RICHARDSON & T RICHARDSON 4325 CHIPPEWA LA JOSEPH PETRUSA JANELLE PETRUSA PO BOX 512 LONG LAKE MN 55356 38 31-118-23420015 J GORSUCH & S GORSUCH 4360 CHIPPEWA LA JEFFREY GORSUCH SARAH GORSUCH 4360 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 420019 T J & K L MCCAFFREY 4265 CHIPPEWA LA THOMAS & KATHLEEN MCCAFFREY 4265 CHIPPEWA LA MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REP H HENNEPIN er -'1'/TY PROPERTY INFORMATION SYSTEM (PROPERTY r· '-IERS LIST) PAGE: 38 31-118-23420010 GREGORY HALLDIN ETAL 4315 CHIPPEWA LA GREGORY HALLDIN 4315 CHIPPEWA LANE MAPLE PLAIN MN 55359 38 31-118-23420017 J M FRITZLER ET AL 4385 CHIPPEWA LA J MARC FRITZLER DESYL L PETERSON 4385 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23420020 JOHNS W & LYNNE YOUNG 4355 CHIPPEWA LA JOHN YOUNG 4355 CHIPPEWA LA MAPLE PLAIN MN 55359 SENTATION OF INFORMATION R SERVICES DEPARTMENT. 38 31-118-23420011 J L CORNICK & D L CORNICK 4305 CHIPPEWA LA JAMES & DEBRA CORNICK 4305 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 42 0018 J S DETERS & K M DETERS 320 TURNHAM RD JEFFREY & KELLY DETERS 320 TURNHAM RD MAPLE PLAIN MN 55359 #3632 RECEIVED AUG 2 7 2013 CITY OF ORONO C 0 .., ro (.) .a ::l 0.. -0 :t= > ro "'O --<l'. 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Box 66 · Crystal Bay, MN 55323 · Phgne (952) 249~4600 Shabaz:}21,6 . §hadywooq Road, _LR -1 C . zoning .'.~istr)Gt,. request an average lake, shore se.tback. variance in order to permit constr~{![Q:o,pf in in:ground spa ahead of the average lakeshore setback. :· .·· ·-,.•l-...:·/'f'; ·1:: .. : :·. _,,[; •• 13-3631: Landsource, LLC represented by Tod~ Holmers, 3700 Northern Avenue, LR , 1 C zoning district, requests approval of a subdivision to create six buildable lots l'{here one !ot curren(iy exisis. f~x (952) 249-4616 NOTICE OF PUBLIC HEARING The Orono Planning Commission will hold a public hearing in the Orono Council Cham­ bers ·at 2780 Kelley. Parkway on Mohday, September 16, 2013, beginning at 6:30 p.m. on the matter of reviewing the follow­ ing land use applications: 13-~628:\Jh'p7pas _ Potter -on ·-behalf • 9f ~oqney & B\l[~_ara .. Burw~II, -11 op .. Miqston Road, ~R-1 A':.iillJiiig district, requesis varh . arices 'to allow :construction of a' second Mei~ized accessory 'structure (a 126' x i34'' ~e/~~h~~{\g~ra~~),25;/ee! frprr ,itie sig~ lot hnf'Where:;a 30 ·toot· setback t? re.quired · pl(er~ized ~q;essory S!f4~ture );( •:: • l ',,./_~; •• \;: ,~\[~;\~!.~:~~~; 13-3629: Ryan & Stacy Alness, 1169 North 13-3616, City of Orono proposes amend-Arm Drive , LR-18 zoning district, request . ments to Orono Zoning Code Chapter 78 approval of a subdivision to create two regarding provisions and stam/ards , for -separate bui)d~ble lots where one lot alternative energy systems. · currently exists by virtue of a Special Lot I Combination Agreement. S~bdivisi~n ap- 13-3632: Dale Richardson , 4325 Chippewa Lane, RR-18 zo'ning district, requests an aftet-t.he-f~ct setback , varianc·e t9 permit a deck to remain as constructed approxi­ mately 34 f~et from the side lot line where a ·so foot setback is normally required. All persons wis hjng _to be heard are en ­ couraged to attend these meetings. This is not a firial agenda and is subject 'to change prior to th~ hearings, Written comments are accepted and should be submitted to the City of Orono by September 10, 2013 if possible. Interested persons may review I the app/ications at City offices. For an ap­ pointment, please caJl'(952) 249-4620 . 13-3623: Clairson Dutra on behalf of Lin proval includes variances for lot area and Yan, 1330 Cherry Place, LR-1 B zoning lot width as well ,as extinguisnrnent of the distript, requests _conditiona l use • perm!h •Speci~I Lot Cor,bination A~reerrent: and hardcover vananpe approval in orqer ,.-, '.· '" . . .. . to conduct land alterations on the prop-13-3630: ·Bill Coffman on behalf of Ervin· erty within 75 fe~t of La~e Minnetonka . Wach man, Plat of' Bayside Meadows (PIN and construct a p foot wiqe lakeshore ac1, 06-117-23:22-0018), RR,18 zoning dis­ cess stair' resulting ,in 198 · SQuare feet of · trict requests approval of a variance to nardcover. · · allow reduction in the .required number of , City 'of Orono By, Planni~~ Commission Melanie -Curtis Planning & Zoning Coordinator bouievard trees and variation on the prn - 13-3627: Richard Etrheim & Rebecca posed tree sp11cing for a new subdivision. (Published in The Laker and The Pioneer newspapers.August 31, 2013) ----'---'---"-'.•'•>a.a~.·-~~. j ~ "O Q) ·-u CO C (/) 0 (/) 4-~ 0 "O CD (fJ CD CD C .C S E -~ CD ::J :ci > o ::i 'iii u 0. (/) CD QJ "O u .CCU ...... co :::J ~ "O ~en ... Q) 4-...... .,.... C ::l ·;::: u 0. 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Box 66 Crystal B<!Y, MN 55~23 P~rine (95.2) 24~-4690 ' Fax (952) 249-4616 · NOTICE OF PU!IP(; 1-!EARl,NG Shabaz; 2216 Shadywood Road, LR-1 C . . ,. . . . zoning district, r~q4'es\'a~ average ·· lake-13-363'1: Landsotirce, LLC repre·sented shore setbaqk variance in order· tci _permit b'y Todd Holmers, 3700 Northern Avenue, . construction· of an in-ground spa ahead of LR-1 C zoning dis\rict, requesis approval · the · average lakes ho re setback. of a subdivision to create six buildable lots , . • ·: . where one lot currentiy exists. 13--3628: Thomai · Pp'tter on' behali of '· · ' · " · · ' ·; · ,. · Rodney &· Barbara Burwell , 1100 Millston 13-3632 : Dale Richard~on , 4325 Chippewa Road, LR-1 A zoninfdistrjct, requesis vari-Lane , RR , 1 B I zoning district, requests . an ances to · allow construction . of ·a ·second after:the-fact setback varia.nce to permit The Orprio Planning Commission will hold a oversized acce~sory ~tructure (a 26' x 64' 'a· deck'to' remai~ as ··constructep · qpp'ro~i­ public hearing in the Orono Council <;~am, . detached garage) 25 feet from the side lo/ . fl]qtely 34. feet from the side lot line where bers at 2780 Kelley Parkway on Monday',·· line where a 30 foot setback is required · a 50 foot setback is normally require_d. September 16, 2013, beginning at 6:30 and only one oversized accessory structure · · p.m. on the matter of reviewing the ioliow-is permitted. . . · All persons wishing to be heard are en- couraged to .attend these meetings. This is 13-3629' Ryan ll< Stacy Alness, 1169 North not a final agenda· and is subject to change Arm Driye , LR-1 B zoning district, request prior to the hewings. Written comments approval of a subdivision to create two are accepted and should be submitted to separate bu!ldable lots . where ore ·lot ' the City· of Orono by September 1 O; 2013 currently exists by virtue of a Special Lot if possible . lnt~rested 'persons may review Combin9tion Agreement. -Subdivision ·ap-the applications · at City offices. For an ap­ proval includes vari~nces for lot area and pointment, please call (952) 249-4620 . , TI (l) (I) (l) (l) ...., cu ·3 ~ ::J rr~ ro CJ) 5 co ~ :::i Cf) <D rr co -5cuc3~ = CJ) CJ) -g co ((l Q) () .C C = .'t: Cl) C o_ 5 C ·-0.. TI -~ 2 CU (1) as ~ lt... = 0 .0 (l) Q. ,_ .c E~Tio o m <D 0 :::i TI TI (I) rr ·> C m O cu ..COllt..._ '-C 0..t--­<D:;:::; 0 0.. :::i CJ) • m....-m<{ 0..:;:; . (') ai (') CJ) CJ) ing land use applications: · · 13-3616: City of Orono proposes amend, ments to · Orono Zoning Code Chapter 78 regarding provisions an~ standards for alternative energy s¥stems. 13-3623: Clairson Dutra ·o·n behalf of Lin Yan, 1330 Cherry Place , LR, 1 B zoning district, requests conditional use permit and hardcover variance approval in order to conduct 0 land 'alterations • on the prop'. erty within 75 feet oi Lake Min·netonka and construct a 6 foot wide lakeshore ac,· cess stair resulting in 198 sqyare· feet of hardcover. I 13-3627: Richard Etrhei,m & Re~ecca -0 (l) 'iii 0 (I) C .. .._ 0 (/) 0 TI -ai (/) (l) (l) C .C 5 E (/) :::i 0 () (l) .0 > :::i 'ui Q_ (/) (l) TI .C C ...., cu E TI 0 (l) '-...., :: .~ :::i '- 0 0.. (l) 0 0 :::i (/) (/)(/J­co co s: s: TI -0 (l) C {3 co 0 cu • .._ ...., '-..'<: 5 C Q) 0 C 0 (l) (/) .c ...., f-C -<D <l'. E 0.. • -ci CO N <D 0.. ~ TI (I)<{ C 5 ,-(l) <D (') E C (') al ro 25.. (l) (/) cu (l) ·-0.. 5 .c CJ) .c g 5 ~ i ~ (l) lot width as well as extinguishment of the Special Lot ccimbinaiion Agreement. City of Orono By: Planning Commission 13-363Q: Bill Coffman on behalf of Ervin Wachman, Plat 'at Bayside Meadows (PIN . 06-117-23-22-0018), RR-1 B zoning dis-·Melanie Curtis trict requests approval of a variance to . Planning & Zoning Coordinator .allow reduction in the required number of boulevard trees and variation on the pro-(Published in The Laker and The Pioneer .,.P~,sed )ree spaci~g for _a ~ew s~bdi_visio_n: ~~'f!spap~rs fJ 9Uqt}_1, ?q1~L . , \ .. :_~, .. ;•· ' 2.·c.-'...c.-..:.:.. ,; _ _j. ---•• :::,:: cu 'E :::i en Cf) TI (l) .c -~ :0 l e (') ~ ,-(l) 0 TI N (l) . .c -~ :0 :::,:: :J ((l Q_ 'O '- 'O .3 C al Cf) CJ) C '6 '-:::i 0.. u '-C (l) ·­.._ ...., TI ~l 0 N 0 O cij C >, (l) cu >, :::i 0.. CU©O i'.J 1n ~I~ : -----1 ~ C'() ~-e ~ cu :::i == s: <D-gro l :ScoCfJ ...., \ \.; \~ t, r:--~. •·,~:-.. '-~ \ \ 1Y ' .~. \.,.\~ ,, c (l) CJ) <{ -0 (l) N "§ .c :i <( -0 (l) :9 (') ,- 0 (\J j {() :::i Cf) .2 :0 :::i n.. c co 0 z z "'..,. wb­cn a, ti z w • Wz 1-Z en -cc =!' <(Q e ci .c. 0 0 ~ U1 g 0 "'·--; i; a3 Q) i..: a. ~ ~~o ~ E Ii:;; () Q) " II} C ni > n> .. OE 0 :::'i ·-E ~ ro Q) ro o ~E:: E o Oa,a, >, : ~ .::: s... .0 •ia.o~ 0-o.c:-ro., C ·rn ~ > 1-u -O. ·-.c ..E g ClJ.Sai"filucn ... ro a. 3: Ql -ca L.ooe>~ 0:-0"'="'0 ~LOmz;2 'Yi~~ >:g :m~~co O~E,a-5 -a. :J O (0 ~cnEroUJ ;:: ., ·x ., o:O"'ni .J~::::a: -co--.::. a.~e September 9, 2013 Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #13-3632 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us The City of Orono is required to notify you within fifteen {15) business days as to the status of your application for an after-the-fact variance for property located at 4325 Chippewa Lane. Below is a list of items the City of Orono is requesting to complete our review: ✓ Three (3) original scaled copies of the certificate of survey, as well as a reduced (11'x17' or smaller) or digital copy meeting all of the enclosed survey requirements and specifically indicating the following: o the existing and all proposed structures, o all proposed hardcover, o existing topographic contours and all structures extending 50' past the property boundaries, and o Proposed stormwater drainage and proposed site grading if any (please indicate total cubic yards of proposed earth movement on/off site). This letter will serve as your notification that items are missing which are necessary to complete our review. This application will not be on the Planning Commission's September 16th meeting. If you wish to proceed with your application please submit the items requested above by September 18, 2013 in order to remain on the October 21, 2013 Planning Commission agenda. If you choose not to proceed, because this is an after­ the-fact situation you will be required to removed the deck by or before September 18, 2013. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, UU::Vo;; Melanie Curtis Planning & Zoning Coordinator encl T I I I AH3AV·O9·008·~ WO)"AJaAe"MMM 38 31-118-23 42 0009 JOSEPH PETRUSA JANELLE PETRUSA PO BOX 512 LONG LAKE MN 55356 38 31-118-23 42 0015 JEFFREY GORSUCH SARAH GORSUCH 4360 CHIPPEWA LA MAPLE PLAfN MN 55359 38 31-118-23 420019 THOMAS & KATHLEEN MCCAFFREY 4265 CHIPPEWA LA MAPLE PLAIN MN 55359 T WJ.O96.5 ®A~=IAY ~ T vudn-dod pJoqa.i a1 Jaj~A~u I ap u1Je aJm.peq e1 ~ zaudaH 38 31-118-23420010 GREGORY HALLDIN 4315 CHIPPEWA LANE MAPLE PLAIN MN 55359 38 3l-ll8-23 420017 J MARC FRJTZLER DESYL L PETERSON 4385 CHIPPEWA LA MAPLE PLAfN MN 55359 38 31-118-23420020 JOHN YOUNG 4355 CHIPPEWA LA MAPLE PLAfN MN 55359 :i.uawabJeljJ ap suas T #3632 f v,ua6p3 dn-dod asodxa o:i. aun 6uo1e puaa -Jadedpaa~ -" T I I ' f I ! @O9LS @Al:13AV :i.,Jeqe6 aI zasm:i.n Ja1ad ~ sa1peJ sa:1,:1.anb1:i.~ 38 3 l-118-23 42 001 l JAMES & DEBRA CORNICK 4305 CHIPPEWA LA MAPLE PLAIN MN 55359 38 31-118-23 420018 JEFFREY & KELLY DETERS 320 TURNHAM RD MAPLE PLAIN MN 55359 RECEIVED AUG 2 7 ?013 CITY OF ORONO @09LS a:i.eIdwa1 ®AJa/\'<f asn s1aqe1 &11aat1 Ase:1 APPLICATION ESCBW AGREEMENL Zoning Application # -o<,,3 AGREEMENT made this .J..{ day of ~lL~ , 20~, by and between the CITY OF ORONO, a Minnesota municipal corporation ("Citl')a lt. ~((jtQMi)~ [a corporation -optiona~ ("Owner"). Recitals 1. -"""-..::..W~,,...formally requesting the City to review plans for _ __,~!r-L::l~~~---,u,!!!!!...;_..pl!:~-:-1~~~.__----------------located ~ ~e "Subject Property") as more full 2. \ Owner requests the City to review said plans which requires City approval including ____ _ ~ \. f~l t',,QRI ~ rf.Jt (f},/\/ 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW,._aJNDS. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ J W with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the~wner, reviewing the plans, and preparing agenda packet material for City Council review of application # \..::..> -2i.ti!fJ . . Eligible expenses shall be consistent with expenses the Owner would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unp7a1~?? to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. //,,};,·-·) // .. ·· / // ;/ 1/ ::T~iiL ~ :rER /1/' //~ Its 1?\aM~ ~cllrJt: Its: Packet Last Updated: 03129/13 Page 10of31 Packet Last Updated: 03129/13 EXHIBIT "A" LEGAL DESCRIPTION Page 11 of31 CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- II I Ill Ill Ill I II IIII I I IIIIIII I Ill I IIII I II Ill 1111111111111111 *2013-00839* DATE ISSUED: 08/21/2013 (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN LEGALDESC : 4325 CHIPPEWA LA : 31-118-23-42-0009 : CHIPPEWA : LOT 001 BLOCK 001 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $700 ESCROW IS TIED TO VARIANCE APPLICATION -13-3632 -PD CHECK #2925 APPLICANT DALE ROBERT RICHARDSON 15405 NORTH EDEN DRIVE EDEN PRAIRIE, MN 55346- (612) 708-6085 OWNER PETRUSA, JOSEPH & JANELLE 4325 CHIPPEWA LA ORONO, MN 55356- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL Issued By Signature SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. Date 700.00 0.00 700.00 City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 (952) 249-4600 History Report for: Address: Violations: Date Inspected 4/2/2013 4/9/2013 5/13/2013 7/11/2013 8/f?/2013 8/21/2013 8/22/2013 9/112013 10/8/2013 11/4/2013 11/15/2013 Inspector Mattson Mattson Oman Mattson Mattson Oman Curtis Curtis Oman Dale Richardson 4325 Chippewa Lane Construction without a permit, violating City Code 86-88 and deck constructed doesn't meet setback requirements in the RR-1 A zonina district Comments Building permit application received for a deck Incomplete letter sent for building permit partial copy of survey received Site visit. Deck constructed w/o a permit. Violation letter sent. Sent certified. Variance application submitted ruc.,iY~ Site visit. Deck remains. Variance incomplete letter sent Second variance incomplete letter sent Site visit. Deck remains. Formal complaint sent to Campbell Knutson Z:\Forms\Code Compliance\Violation Tracking Sheets.xis 11/15/2013 " CIIYJJF ORONO INSPECTION NOTICE CALLED IN SCHEDULED PERMIT NO.-------COMPLETED ADDRESS BZ,5 CA~?fleAIVCL D, .. .: TIME I l-4--J3 fl l..n OWNER TELEPHONE NO. ______ _ CONTRACTOR __________________ _ ~ DESCRIPTION ..... ~ ~ ~ ~ ~ 0 FOOTING 0 POURED WALL 0 FRAMING 0 INSULATION 0 RADON SLAB 0 FINAL 0 PLUMBING FINAL 0 MECHANICAL RI 0 MECHANICAL FINAL 0 WOOD BURNER/FIREPLACE 0 WATER HOOK-UP 0 SEWER HOOK-UP 0 EXCAV/GRADING/FILLING 0 LAKESHORE/WETLANDS 0 TREE REMOVAL 0 SITE INSPECTION 0 PROGRESS 0 COMPLAINT ..J O DEMO· SITE ~ 0 DEMO -FINAL 3 0 PLUMBING RI 0 SEPTIC MAINT. 0 FOLLOW-UP ~ ~ 0:: ~ § 0 >- Cl: 0 I.I.. llJ 0:: ~ ~ <: llJ ~ llJ Cl: 5 0 llJ Cl: llJ c:::i 8 0 SEPTIC INSTALL 0 SEPTIC FINAL OWNER/CONTRACTOR TO MEET YOU:_ YES_ NO 0 HARD COVER REMOVAL 0 FOUNDATION/REMOVAL COMMENTS: ___________________ _ QQcL CTivrNil? D WORK SATISFACTORY: PROCEED D CORRECT WORK & PROCEED D CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING D CORRECT UNSAFE CONDITION WITHIN __ HOURS. INSPECTOR WILL RETURN D STOP ORDER POSTED. CALL INSPECTOR D INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. fV D PROJECT COMPLETE D ISSUE CERTIFICATE OF OCCUPANCY ___ TEMPORARY ___ PERMANENT D PHOTO TAKEN D CITATION ISSUED Call for the next inspection 24 hours in advance. ( 952) 249-4600 Owner/Contract,?ry>n si~ fi-- lnspector: ~+ ~ White Copy/Inspector's File Canary Copy/Site Notice CITY: Or ORONO INSPECTION NOTICE PERMIT NO. _____ _ CALLED IN SCHEDULED DATE ,r-u..,-13 COMPLETED M TIME ADDREss__....c#-i-::-LS __ cn---.:t-1-R+-Pe.l,,LJw~C&-!-=---La=Y\_9._,,~---- owNER _________ TELEPHONE NO. ______ _ CONTRACTOR __________________ _ ~ DESCRIPTION I- ~ ~ □ FOOTING □ PLUMBING FINAL □ EXCAV/GRADING/FILLING □ POURED WALL □ MECHANICAL RI □ LAKESHORE/WETLANDS □ FRAMING □ MECHANICAL FINAL □ TREE REMOVAL ~ □ INSULATION □ WOOD BURNER/FIREPLACE □ SITE INSPECTION -;i: □ RADON SLAB ~ □ FINAL -.J □ DEMO -SITE i □ DEMO -FINAL -.J □ PLUMBING RI □ WATER HOOK-UP □ SEWER HOOK-UP □ SEPTIC MAINT. □ SEPTIC INSTALL □ SEPTIC FINAL ~ OWNER/CONTRACTOR TO MEET YOU:_ YES_ NO □ PROGRESS □ COMPLAINT □ FOLLOW-UP □HARDCOVER REMOVAL □ FOUNDATION/REMOVAL ~ COMMENTS: ____________________ _ ~ § ~ ~ ~ LlJ ~ -;i: f:2 i ~ s 0 LlJ □ WORK SATISFACTORY: PROCEED : □ CORRECT WORK & PROCEED § □ CORRECT WORK, CALL FOR REINSPECTION c..., BEFORE COVERING □ CORRECT UNSAFE CONDITION WITHIN __ HOURS. INSPECTOR WILL RETURN □ STOP ORDER POSTED. CALL INSPECTOR □ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. □ PROJECT COMPLETE □ ISSUE CERTIFICATE OF OCCUPANCY ___ TEMPORARY ___ PERMANENT □ PHOTO TAKEN □ CITATION ISSUED Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contract:~ Inspector: _ __,~,:___,,,£,6.£=...:=:-------------------- White Copy/Inspector's File Canary Copy/Site Notice August 7, 2013 Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us RE: City Code Violation at 4325 Chippewa Lane Property Identification Number: 31-118-23-42-0009 We have become aware that recently a deck has been built at 4325 Chippewa Lane without a proper City permit. Construction without a proper permit is a violation of City Code Section 86-66. Furthermore, 4325 Chippewa Lane is located in the RR-1A zoning district which requires 100' front and rear setbacks and 50' side yard setbacks. The City believes the newly constructed deck does not meet the required side yard setback of 50'. This letter will serve as your notice that the property must be brought into compliance before Thursday, August 22. 2013. In order to bring the property into compliance the deck must be removed. If you are interested in requesting City Council approval to allow the deck to remain in a non­ conforming location, you must apply for an after-the-fact variance. A variance application fee is $700 and an after-the-fact variance requires a double fee for a total of $1 .400, plus a $2,500 escrow. The application fees are not refundable. Attached is a copy of the variance application. If a variance is being pursued, a variance application must be received before Wednesday, August 21, 2013. If an after-the-fact variance is not applied for, the deck must be removed by Thursday, August 22, 2013. I have attached the pertinent City Code for your reference. If you have any questions, please don't hesitate to call me at 952.249.4600. Sincerely, CITY OF ORONO (J\mbtJJ'Ma:br- Christine Mattson Planning Assistant Attached Enclosure City Code 86-66 Variance Application c Joseph & Janelle Petrusa; PO Box 512; Long Lake, MN 55356 Lyle Oman, Building Official Sec. 86-66. -Required. August 7, 2013 4325 Chippewa Lane Page 2 of 2 It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion, including but not limited to the general construction, plumbing, water well, on-site sewage treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first obtaining a separate building or general permit for each such building, structure or separate component from the city. (Code 1984, § 12.02) Page 1 of 1 1-----------------, Property / Map I Parcel 31-118-23-42-0009 A-T-B: Abstract Map Scale : 1" == 50 ft . N ID: -$ Print Date : 7/30/2013 Owner Market D Richardson & T Richardson $172,000 Name: Total: J oSt.l()h <1..,..)lM,LIJ.., Parcel 4325 Chippewa La Tax $1 ,996.36 Address: Orono, MN 55359 Total: (Payable: 2013) l)e.,, +v LLlB-1 Property Sale Residential $295,000 Type: Price: 170 ~~SIL-rarious ) Home-Sale stead: Non-Homestead Date : 04/2013 ~52;':/.P 3r :y and Parcel 1 acres Sale Area: 43,512 sq ft Code: Contract For Deed 013 JJ t,,rk Green! http://gis.eo.hennepin.rnn.us/Property/print/default.aspx?C=450093.8401500005,4981434.... 7/30/2013 PLAN REVIEW C ..:CKLIST FOR NEW STRUl 'URES / ADDITIONS Address/Permit Number: _____ c ...... t ___ ,-=3-~ .... 2____..~.._____,(.,,,..._.h _____ t ..... ~Q_.'. ...... 8_:e_/_C_u....:;.A_. ______ _ Description of work: ·utc~ Septic review by: G [--,--Date Approved: q .... '-'I-I J Zoning review by: Date Approved: _______ _ Building review by: Date Approved: _______ _ Grading review by: Date Approved: _______ _ Zoning District: ______ Zoning File#: _____ _ Reso #: ____ _ Reso Date: ____ _ Zoning: Lot Area: _____ SF / AC Width:____ Lot Coverage: ______ SF _% Survey Submitted: CJ Yes CJ No Date of Survey: Revised date(?): Proposed Setbacks: Front (Lake) Rear (Street) ( N s E W) ( N s E W) Other Buildings Wetland Side Side Defined Height: _____ _ Peak Height: __ _ FFE: ----FFE minus 6 feet= ___ (Existing Contour) Perimeter (linear feet)= ______ 50% = ______ _ # of Stories Ok? CJ YES FOR A BUILDING WITH A BASEMENT OR CRAWL SPACE: The distance between the lowest FOR A BUILDING ON A SLAB FOUNDATION: START WITH proposed floor (of the basement or crawl space) and the highest point of the roof- If you have a __ , . GABLE OR HIPPED ROOF (no windows): Subtract half the distance between the highest point of the roof to the low point of the SUBTRACTION corresponding gable or hipped roof START WITH The distance between the top of slab and the highest point of the roof- If you have a __ , . GABLE OR HIPPED ROOF (no windows): Subtract half the distance between the highest point of the roof to the low point of the corresponding SUBTRACTION gable or hipped roof (BASED ON ROOF . GABLE OR HIPPED ROOF (with TYPE) windows): Subtract half the (BASED ON . GABLE OR HIPPED ROOF (with ROOF TYPE) windows): Subtract half the distance distance between the top of the between the top of the highest highest window and the highest window and the highest point of the point of the roof roof . ALL OTHER ROOF TYPES (flat, mansard, etc): No subtraction, . ALL OTHER ROOF TYPES (flat, mansard, etc): No subtraction, ADDITION Add the distance between the top of slab SUBTRACTION Subtract the distance between the (BASED ON EXISTING basement/crawl space floor and the highest existing grade adjacent to the GRADES) foundation OR 10 feet (whichever is less), (BASED ON and the highest existing grade adjacent to EXISTING the foundation, GRADES) EQUALS Defined building height EQUALS Defined building height Shoreland District MCWD Permit Received Average Lakeshore Setback Met? Bluff '<No CJ Yes □ No □ N/A ~ N/A □ Yes _')( No CJ Yes CJ Yes □ No . Permit Number: Setback: Stormwater Quality Existing Proposed Variance Requ-ired CUP Required Overlay District Tier Hardcover Hardcover ~ CJ Yes □ No CJ Yes C No Type(s): Type(s): Updated: January 2013 v:\forms\plan review checklist 2013,docx April 9, 2013 Dale Richardson 15405 North Eden Drive Eden Prairie, MN 55346 Re: 4325 Chippewa Lane Building Permit Application #2013-00212 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us On April 2, 2013 the City received a building permit application for a deck . Your application is incomplete. The following items must be submitted or revised in order for your application to be considered complete and for the plan review to continue: 1. Certificate of Survey. Please provide 2 copies of an updated, full size certificate of survey which meets all of the City's survey standards (enclosed) indicating the location of the proposed deck (and any proposed grading) as well as all existing buildings, structures, landscaping, retaining walls and hardcover on the property. 2. Escrow & Escrow Agreement. Permits involving grading and/or review by the City's engineer require submittal of an escrow and an escrow agreement. The purpose of the escrow is to guarantee reimbursement to the City for out-of-pocket costs incurred during the review of your plans. Additionally this escrow will guarantee conformance with City Code Chapter 79 relating to erosion control and stormwater. The required escrow for building permits is $2,500. Since the project does not require any land alterations, an escrow of $700 will be required. The escrow agreement is enclosed. The property owner must sign the escrow agreement and submit a check for $700. The above information is required in order for the plan review to continue. Please feel free to contact me at 952.249.4620 or by email at cmattson@ci.orono.mn.us if you have any questions. Sincerely, CITY OF ORONO 0hvth\U-J\~~~ Christine Mattson Planning Assistant c Lyle Oman, Building Official enclosures: Survey Requirements Escrow Agreement City of Orono Building Permh Application for Maintenar,~e / Renovation {windows, doors, siding, re-roof, etc.) Mailing Address: PO Box 66 Crystal Bay, MN 55323-0066 Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax: 952-249-4616 www.ci.orono.mn.us ',Date!rec@hied:.·· .:R~6§Jv~~ J1,~:, ., . · This application form must be completed in full and all required information must be submitted. Incomplete applications will be returned. (Please print) ~:bN;i':'e~~~~e~::MATION: ~ C j ,A ~---, --__,______ Will this be a Parade of Hom s, Remodelers Sh ' ""ase HomE:.\ or other Display Home? Yes D No ff yes, a special event permit is required with Police Department and City Council approval 60 days prior to the event. Shuttle bus service will be required unless applicant demonstrates sufficient on-site parking is available. Non-permitted events will not be allowed. CON~RACTOR / APP~N.·T ,INFOR~~: . )'l Name. Uetfz_ (/{_-'c~,e;; r-,"',_....__. State License # Expiration Date: -----------------------Lead Certification Number: Expiration Date: . I ----------(for.work on home ere constructed prior to 1978 Phone: -' · · ---(cell) Mailing Address: City: C ZIP: _s' ;;--:s~ Contact Person: < ' ·~ - Applicant is: Contractor / Homeowner {Circle one) =--,1'-0--:..,µ.,r,,...L~~----- Email and/or Fax: Address: ZIP: SJS-, VL Email and/or Fax PROJECT INFORMATION: Type of Project: Any earth movement may require D Door(s) D Remodel D Fire Damage MCWD review & permits: Minnehaha Creek Watershed District (MCWD) D Re-roof, asphalt D Repair D Storm Damage 18202 Minnetonka Blvd D Re-roof, cedar D Restoration D Water Damaoe Deephaven, MN 55391 Phone: 952-471-0590 D Re-roof, other (specify) D Siding D Other: (specify) Fax: 952-471-0682 D Window(s) Deaetf;C:_. www.minnehahacreek.org Overall Project Description: Estimated Construction Valuation of Project ( excluding land) $ APPLICANT ACKNOWLEDGEMENT: • Agrees to provide .al[ information required or requested by the Building Department; • Certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete; • Some or all of the information that ymH,re asked to provide on this application is classified by State law as either private or confidential. Private data is injor~tio;t:hich en lly cannot be given to the public but can be given to the subject of the data. Confidential data is)-mormation w ic e ~lly cannot be given to either the public or the subject of the data. Our purpose and intended use of this infor a · · annually update our records and records of other governmental agencies re uired by law. If o refuse to su I /h r ation, the a piication ma not be issued. Date: Last Uodated: 08-08-2011 I REce,veo MAY 1 5 2013 CliTY OF ORONO I- ~ 0 < N Q d 0 ('11 3 ' N 0 (}1/11/ -5 I S:JJ[/3,f-C/C. .j;; IL r3 (:;'~@ 5, ~ MM {..,A-<-(! t..8./ ror Konaia M. uemuLiing of Lot 1, Bloc 1, CHIPPEWA Hennepin CounLy, Minnesota l(Jzr cltfe"t ~r- e>'\._ 0 0 m 3 ~ 0 ~ 0 I Iz ' C· l' ' ! I ..... }' ,.. r ........ co N 0 0 0 ('(') s CRRTIFICATE OF SURVEY FOR DALE RICHARDSON OF LOT 1, BLOCK, CHIPPEWA HENNEPIN COUNTY, MINNESOTA N 89°26'00" W 149.01 1 DECK PROPOSED r;:,·1cro·· SHED l!.J N 0 0 0 ('(') ---" s lO 41.7 c .. \M ................... ' :!"" ID 221 ............•.•... lO a ........ i~.L ... i: EXISTING HousE ~-I ;: ~ .......... ?.~,L r 4~6 4325 •;;: 22.L i ~ )8( WELL --------------- ROAD EASEMENT SHOWN >-~ w > Ct: Cl a.. 0 ~ l) :5 (I) (!) z ~ (I) ~ 0 oi 0 .... ! ON COUNTY MA P z --------. I.O N N 89°26'00" W 149.01 CHIPPEWA LANE ij3,2,sChipwlf­ /./l- RECEIVED NOV l 5 2013 CITY OF ORONO 2 co ------- I.O N -------------------------------------------------------------------- LEGAL DESCRIPTION OF PREMISES: Lot 1, Block 1, CHIPPEWA • : denotes iron marker found o : denotes iron marker set This survey shows the boundaries of the above described property and the location of an existing house , deck, and driveway thereon. It does not purport to show any other improvements or encroachments. GRONBERG & ASSOCIATES, INC. CONS UL TI NG ENGINEERS , LA ND SURVEYORS , I hereby certify that this survey, plan, or report was prepared by me or under me direct supervision and that I am a duly Licensed -Land Surveyor under the laws of the State of Minnesota. s c,;LE 1" = 30' -~~"~ [>ATE SITE PLANNERS '! 1-1:i-1 :1 _ 445 N. WILLOW DRIVE . 1 ·"l -·) 5-'I 3 t LONG LAK E, MN. 55356 --:;?,#--, / ~ ,..,..._.,,,... •. 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