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HomeMy WebLinkAboutProject Packet13bx CITY OF ORONO - VARIANCE APPLICATff y ' Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) PROPERTr LOCATION Site Address 2801 Casco Point Road. Orono. NN Property Identification Number (P.I.D.) 201172323001 Receipt - Please check one - Property _ abstract or X torrens? Attach legal description to application if not included on L required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 471-8417 Name Paul and Rosemary Hauser Phone (work) 726-8261 (Mrs.) Addressl 2801 Casco Point Road City: Orono Zip: 55391 --------------------------------------------------------------------------- ONEER (if different than applicant) Phone (home) Name Phone (work) Address: city: Zip:_ Date Property Acquired December 1987 (month/year) I (do) [65)9W) also own the adjacent parcels of land. PRNS=T USX OF PROPRRTr Present Zoning District Present Use of Property R-1 Residential Other (specify) --------------------------------------------------------------------' DESCRIPTION OF RpOEST Estimated Construction Cost $80,000 Describe request in detail: Pursuant to November 18. 1988 letter from Michael Gattron --------------------------------------------------------------------------- VARIARCNS RNpOIRED Lot Area Lot width X Hardcover Setback Variances (_ Front Side Rear) Other Average Lakeshore Setback HARDSHIP Describe undue hardship or practical difficulty resulting from strict en£rrcement of zoning regulations: --------------------------------------------------------------------------- DESCRI"TION OF UNUSUAL PROPERTY CONDITIONS r escribe unusual property conditions preventing compliance with Zoning Code Requirements: ___________________________________________________________________________ REf•UIRED SUBMITTALS 1. Completed Application Form 2 Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevaticnsl if any charges in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. ___________________________________________________________________________ The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provile all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. 1{ Applicant's Signature Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by Cit•- staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature ______________Date _______________________________________ __________________ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must I- present at all scheduled review meetings of the Planning Commission aroi Council. If an applicant is unable to attend a scheduled meeting, please make arri-gements to have an authorized agent attend in your place and to a'v,se Cie Building 6 Zoning Office of this change prior to the meet:nq. Please notify: Jeffrey M. Schoenwetter J.M.S. Equities, li.c. 5353 Gamble Drive, Suite 307 Minneapolis, W4 55416 as an interested party in the variance. DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. 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 reqires council a::tion to approve, some information may become public. 5. You have tertian rights under M.S. 15:165 to review private data on yourself. 6. Your full name, and date of birth are required to process this applica.'nn or permit. Paul J. Hauser _ First Middle Last 2801 Casco Point Tess Orono,MJ 5539155391 _ Da to o a.rt oea not apply to building/general permits) 471-8417 one--- I `Kerssand Ty,r4ghts as stated above. g a ure 11 • RIN DATE 12/16/60 • BATCH DOS 50 20-117-23 23 0013 • PROP ADDR 02T99 CASCO POINT RD OWN MORE MARY E JOHSOI TAXPAYER INKY E JORSO/ NAME/ADDR 27% CASCO POINT RD • NAYZATA MN SS391 • 50 20-117-EI 23 0016 PEW ADM PETIT CASCO POINT AD OfER NAME 0 J MUIEEEN A J A CRLMEEEN TAXPAYER ROIALD J ORADEEN • NAIE/ADDIL 2797 CASCO PT RD MAYZATA MN U391 • U 20-117-U 32 0013 POOP ADM 02811 CASCO POINT RD OWN MAME OINOOLYN C ROSS • TAXPAYER OMEN L ROSE NAME/ADOX 2911 CASCO POINT NO MAYZATA MN U391 • SO 20-117-23 32 0016 PROP ADOR 02000 CASCO POINT 00 • GOER NAME T B A L A RIM TAXPAYER THO AS B YIM NEE/ADDS 2000 CASCO POINT ROAD MAYZATA MN $6391 • • • • HENEPIN COLN2Y PROPERTY INFORMATION SYSTEM PROPERTY ONES. LIST IS 20-117-23 23 0014 02R01 CASCO POINT ND P J HAMER E R MASON HAMER P J HAMER L R M HAMER 2801 CASCO PT RD MAYZATA MN 55391 REPORT M. PIASBAOI PACE 5 T9 '9-U1 -23 23 0015 O L7,- "WO POINT PU N A R ORTEIELAD MARREN A A KAREN H URTEMLAD V99 CASCO POINT RD IAYZATA MN 55391 SO 20-117-23 23 0017 38 20-117-23 32 0012 02795 CASCO POINT RD 02613 CASCO POINT RD J M PALMER A L J PALMER L A M BACMUES JACK M A LUANNE J PALMER LEOARD A MARY ANN DURRES 2795 CASCO POINT RD 2813 CASCO POINT R0 MAYZATA M 55391 MAYZATA MN 0391 IS 20-117-23 32 0014 IS 20-117-23 32 0015 02807 CASCO POINT RD 02US CASCO POINT RD E E M ERER A R M MUTTERER ROGER H FRO9E LT E MIFF ERNEST E M ERER ROGER H FROMELT 2807 CASCO PT RD 2805 CASCO PT RD MAYZATA IN 55391 MAYZATA MN 55391 TOTAL BATCH 003 00010 I CERTIFY THAT THE FACTS REPRESENTED ARL GN ACCURATE AM TRUE m REPRESENTATION OF INFORMATION AS IT APPEAPS THIS DATE ON THE RECORDS X OF THE HENS PIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE REST OF MY KIAMLE OGE AM BELIEFl ^. lf OATEN✓ � BY • A 4k t CITY OF ORONO NOTICE The Planning Commission will hold Public Bearings in the Council Chambers at 1275 South Brown Road on Tuesday, Janu..ry 17, 1989 on the matter of reviewing the following land use applications: 1. ►1359 David Lindstrom, of 1315 Woodhill Avenue, seeks a front street setback variance and a variance to the required separation setback between structures for a proposed addition to the existing residence. 2. i1360 Robert Merkow/John Charlton, of 2340 and 2380 Abingdon Way, have petitioned the City to vacate portions of drainage and utility easements along their shared lot lines as a result of a recent lot line rearrangement. 3. 01361 Orono School District ►278 has petitioned the City to vacate drai•,age and utility easements that intersect the property located at 980 Old Crystal Bay Road. 4�. .1362_yayl Hauser, of 2801 Casco Point Road, seeks average lakeshore setback and hardcover variances for a proposed addition to his existing residence. 5. ►1363 Roger and Becky Berry, of 1392 Baldur Park Road, seek hardcover variance in the 0-75' and and 75-250' setback areas, an average lakeshore setback and a variance to the required 75' lakeshore setback for nay construction within the lakeshore protected area. The proposed new construction involves major upgrading of the existing residence with the proposed expansion of the existing building envelope. 6. ►1364 Edwin Gage, of 480 Tonkawa Road, seeks approval of a conditional use permit and variance for the construction of permanent dock located within the lakeshore protected area. 7. ►1365 Marty B. Schneider, of 2180 North Shore Drive, seeks a conditional use permit for a duplex use of the existing structure and a variance to the required setback to an adjacent commercial or industrial district. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices, by appoint City of Orono By: Plaralny Commission Jean A. Me bus Building i Zoning Administrator To be published the week of January 2, 1969 and January 9, 1989. CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of i1362, was mailed to the attached list of property owners . In Witness whereof, I have hereunto set my hand and seal this 5th day of January, 1989. Jam Boema CITY OF ORONO m. n.++n Coenee�eNe ��° 1275 eNYgr N 1M CdV OWnpnr M 1R17 hen arwn bM an TU - �Pr+PY i!Y an the MIIO a teNeeMq'�! IWNq Affidavit of Publication of Minnesota County of Hennepin. In al 1315 W W 11 11 2 3 1�JJ� .. ,v,IrwPe..weeed II J III Holm, being duly swum, on oath says that he is suthorized spent end employee of the publisher wudN r"'nO"' I` �' the newspaper known as THE LAKER. Mound, Min. n WM, nM PMI. waan. newts, and has full knowledge of the facts which are stated below: y plyhl No. 21e rMe &. " A.) The newspaper has complied with all the require. M"PeP.nYW sa c..� ments constituting qualifications ea a qualified .10 no, newspaper, as provided by Minnesota Statute 'p0p0M0 331A.02, 331A.07, and other applicable laws, as P+r eem. a +sR amended. emw.r +suu N k B.) The printed LQ�kL�. i WYr PeleclW wlrvaNn n.Pewe byj�plWq 1 �\vlFT�liylyS e'^'ppe' Ya TaWPn a. Mo tJEe EMNaWea��waP' roes. wY.. a PP11+ na ala.�rr. P nerlt ypee 1p�neE V11nN the Wee1YYe °�0ui0ef�Pa erN e. ecN.a.. a 2180 M "NW rP'e N"U wrae.n c as 9Y P1M,y (<wlYeepn JrVin n ]Ie4rM syyy E yyryp MnYWretP IWeeeneYN TY,P IYweM Porwn Jn 2Y M P, 1YlYI which is attached wee cut from the columns of mid newspaper, and was printed and published once each week for 2- _auccessive weeks: It was first published Monday, the 2 der or and was thereafter printed and published every Monday, to and including Monday, Qi the \ day of i MAP,iETTA A. STRAUS 'ed Apsnt y NOTMYPUt,C-P ::� IOTA Subscribed and awom to the on this —I I day of v 1 Y B . � Notary P, the Rate Information 1 t I Loweel oeeelliep rate gem ny comma¢- users l01 ceTaere- d0 rWa e6 ee pOr .hen 121 Mulmum W. Ylo W W IP Bowe mane' W BOW lncn 131 nele ectWny CWgea IP above M11er U W Wl inch Ewh a 1M 1 W Cc Ve ~ $q 24 "t lmI j U6M�YTNO 3`9nClfAr�-r &r CWr C.. 2'�s �'a► }{urdc.over Reduction Plan 2801 Crisco Point Read IV SM 0.9 a Extsttnq Garage 9 6 VW a.g. M%% Existing Driveway Pro osed Driveway Reduction si = 294 s.j. = 724s.f. g 724 s.f . A= 294 s.f. . = C 72 s. . C 72s.f. D = 436s.f. D - 436 s. . total 1,526 s.j. i-1 796 s.(. to 730 s.j. 1 QII _ 1"tJ 1 = -- i I 2 2 --'r LI= L- I4 r�61MT ror I - I _ w "town —s r EXF L�f�'SIGL LLNAT�O..I-i6 CJT") y✓�_wr• .r � I _ I i r MMN pt-"f— t Eytti r II F• r. our--. LFV�- EXHISIT �-- Ao!> EXH:7 Jq- Z � Yam• mil+w V1 P Pt'R i Ftoo� EXH, T HAR,bwVea- Crv'ah+ - 28oI Gasem PT. ez.. EXis r7c- t/f+•ebc0 veo- - O s (/VO 14Apf TTON 4t p!'-0FO.Sl�� StocK Bt Df. �G,l r6,�� � �orvt, wauc (L'rnl"� SSE watt.,. C /. sK3s� Uioo� Sst=PS �.6rta� DrcK 0Z x/fi raTto (loxa�(3xV.fi-Csx=i �Nrpyf .5.Z) (Or�C waNc ('S"xSD"� /�S4S//,zoo p"Poswt, NaAtbcOv p+e poKs6 (Zs-x2r) -�- ( is x IL-) f t`/s x 12wa� $RPS+ j�EGKS �1<14�t�INX2t�.».+' S�DEwM.K -3s'r y' ± /980�r,%oo -- I-?. s "/. '1/ S4. �Z SS 2SD s�. Z`2 :--c. C. 2.SD•Soo•ze"Ls- : �y,eeA ` 3%dt� -�, H4&-I-'UcovPP- WWr77&Cc G Ala&c,F z y, i x ZY, z Come• wM-KS 35, X-Y, vc. Sr�ekTeP �ZI x i� +�2.wa x r>�• ' �3S,SAM, X 33) 212S2-/33o0 = to a, - �e L�-. (44,C.0vJubh oN va-oPwi 41 310 joc� ys 99a_ 3 13 / .S I 1 rwoaet, = = 2 3'2 :; . PxcPos .*:� q2-%2.381 % ql-� s+. ofraA.C.E E r CITY of ORONO Poet Ofan Boa 66•Cry.1•I B-y, Minnesota W29• M., imp•1 Offs e On the North Shore of Lake Minnetonka November 18, 1988 J.M.S. Homes, Inc. Attn: Jeff Schoenwetter 535: Gamble Drive Suite 307 Minneapolis, MN 55416 Re: Proposed At'dition - 2801 Casio Point Road, Orono Dear Mr. Schoenwetter: The Building 6 Zoning Department is in receipt of your application for a building permit, which was received by this office on November 15, 1988. A review of the application finds that a number of variances are required for the proposed construction: 1. The proposed room addition and deck extend lakeward from the defined average lakeshore setback line as depicted on the attached survey, per Municipal Zoning Code Section 10.22, Subdivision 1 (B), copy attached. 2. Although hardcover in the 75-250' zone will not increase above the 25% threshold, total proposed hardcover on the property will now exceed the allowable square footage, based on the following calculations: A) 75-250' zone: Area - 11,300 s.f. 25% = 2,825 s.f. Allowed Hardcover B) 250-500' zone: Area - 3,300 s.f. 30% - 990 s.f. Allowed Hardcover C) 2,825 + 990 - 3,815 B.f. Allowed Hardcover Overall D) Proposed total a 1,980 s.f. + 2,252 s.f. - 4,232 s.f. E) Excess hardcover - 4,232 s.f.-3,815 s.f.-417 s.f. Excess BUILDING!ZONING -4737357 • ADMINISTRATION a FINANCE-4734356 • PUBLIC WORKS -473a359 ASSESSING J.M.S. Homes, Inc. Re: Proposed Addition - 2801 Casco Point Road, Orono November 18, 1988 Page 2 of 2 Please contact me or Zoning Administrator Jeanne Mabusth immediately at 473-7357 to discuss the variance procedure should you wish to apply. Review of your application cannot continue until the noted issues are resolved. Sincerely, Michael P. Gaffron, Asst Planning 6 Zoning Administrator MPG/tln cc: Mr. 6 Mrs. Paul Hauser, 2801 Casco Pt Rd, Wayzata, 55391 Mr. Larry Rollmeyer, architect, 4101 Washburn Ave S, Mpls 55410 Jeanne Mabusth, Building 6 Zoning Administrator Thomas J. Jacobs, Building 6 Fire Inspector �..�. nC i.1'7 1 .,n nrJ i� CC l.-.. Y�J Too Planning Commission Chairman Kelly i 1F.O�h-P_vt- «14 1` Af*f V4i? Orono Planning Commission Members City Administrator Bernhardson Proms Michael P. Gaffron, Aset Planning 6 Zoning Administrator Dates January 11, 1989 Subjects 11362 Paul Hauser, 2801 Casco Point Road - Variances - Public Hearing Zoning District - LR-IC Application - Request for average setback and hardcover variances to construct addition to existing residence. List of Ubibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Staff Survey Compilation Including Neighboring Properties Exhibit P - Staff Letter to Applicant Dated 11/18/88 Exhibit G - Proposed House Elevations Exhibit H - Proposed Floor Plans Exhibit I - Staff Hardcover Calculation Pertinent Facts - 1. Hardcover on the property is relatively minimal, however, due to the extensive blacktop driveway near the road, the total square footage of hardcover on the property slightly exceeds that which is allowed, per the following table: Zone Zone Area Existing Proposed 0-75' 5,250 s.f. 0 s.f. ( 0%) 0 s.f. ( 0%) 75-250' 11,300 s.f. 1,595 s.f. (14.1%) 1,980 s.f. (17.5%) 250-500' 3,300 s.f. 2,252 s.f. (68.2%) 2,252 s.f. (68.2%) 19,850 s.f. 3,847 s.f. 4,232 s.f. Allowed hardcover on the property: (.25xll,300 s.f.) + (.30x3,300 s.f.) - 3,915 s.f. Excess hardcover (variance) - 4,232-3,815 - 417 s.f. Zoning File t1362 January 11, 1989 Page 2 of 3 2. The proposed addition and decks, while being located more than 160' from the normal shoreline, does require an average lakeshore setback variance due to the convex shoreline at this point. Neither neighboring property owner enjoys significant lake views across the area proposed for the addition. Note that the applicant originally questioned the City's interpretation of the ordinance language regarding the average lakeshore setback. A literal interpretation of that section as written would indicate that a measurement should be taken of the distance from the shoreline of the houses on either side, and the middle house must meet the average of those two distances. in fact, the proposed decks and addition would meet that standard, if that was how the City had always interpreted the code section. However, standard City practice has been to draw a straight line between the neighboring adjacent resident structures, as shown in Exhibit E, and that is considered the average setback line regardless of actual distances from the lakeshore. You may recall that this interpretation was brought to the Planning Commission as an informal conceptual review at your November meeting, and Planning Commission unanimously felt that the interpretation of average setback by drawing a straight line should be continued, not only from a consistency standpoint, but from a practical application standpoint. Discussion - The proposed addition and decks appear to be appropriately and logically located in relation to the property and to the existing residence. Note that the house to the immediate south has a garage on its north side, and has no views of the lake that will he encroached upon by this propos^d addition. The house to the north side of the subject property enjoys views generally in a westerly direction, and the existing bluff topography southwest of the proposed addition already blocxs any substantial lake views that might potentially be blocked by the proposed decks. Therefore, it appears that neither adjacent residence will be significantly affected by this addition. Zoning File i1362 January 11, 1989 Page 3 of 3 From a hardcover standpoint, the proiosed 417 s.f. excess is quite typical or even low for the Casco Point neighborhood. As a way to visualize the seemingly high 68% hardcover in the 250-500' zone, consider that if the 75-250' zone went all the way to the street, this property would then have the equivalent of 29% hardcover in the 75-250' zone, with virtually no hardcover in the 0-75' zone. Approval of this variance would appear to be very consistent, being generally lesser in magnitude than similar variances granted on Casco Point in recent times. Staff Recommendation - Staff would recommend approval of the proposed hardcover and average lakeshore setbacks, based cn the following findings: 1. No significant lake views enjoyed by neighboring properties will be reduced or encroached upon by the proposed additions. 2. Hardcover on the property is slightly excessive based on code standards but is very consistent with other properties and variance approvals in the Casco Point area. The proposed additions and hardcover removals result in a hardcover increase of 417 s.f. There does not appear to be excessive nor. -structural hardcover on the property that can be easily removes without causing additional hardships for use of the property. SCHOENwETPEH COMPANIES 5353 Gamble Dri. Psrkdale IV 10307 Minneapolh, MN 55416 612 591-1951 January 13, 19N Mr. Michael P. Gaffron Assistant Planning & Zoning Administrator CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Subject #1362 - Mr. Paul Hauser, 2801 Casco Point Road Variances and Public Hearing Dear Mr. Gaffron: Pursuant to your letter dated January 11, 1989, 1 wish to thank you for your considerate, comprehensive review of the pertinent facts associated with Mr. Hauser's requests. I am certain you understand that this project is of substantial magnitude and value, and very important to troth Mr. Hauser and all of us at J.M.S. Homes, Inc. I commend you and your staff on the conclusion of your recommendation. I understand this conclusion indicates that Mr. Hauser's request is of little or Insignificant consequence In relation to � City's policies/ordinances. Yet, at the same time, this project remo.,A from some minds, what might be thought a blight to the neighborhood, creating a very attractive amenity, complimenting the entire neighborhood, while actually being commensurate witn the City's goals. Again, we appreciate your careful cn--'I+ration of this matter and look forward to seeing you at the I Commission meeting, Tuesday, January, 17. 1969. Sincerely, yy�� Jei)e/nwetta�� President J.M.S. HOMES, INC. JMS/rn )MS Equide. Schm•nhall Ltd.- Prima Prue+ria. Shona Imt,.i.nu � Pad Place Parmenhip Sch,wnlanJ Parmcr. MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989 ZONING FILE i1361-ORONO SCHOOL DISTRICT CONTINUED It was moved by Plannin5 Commissioner Cohen, seconded by Planning Commissioner Bellows, to recommend approval of this application, to allow the vacation the drainage and utility easements as described on Exhibit C, based on the findings of the staff as set forth in their proposal. Motion, Ayes=7, Nays-0, Motion passed. 1362 PAUL HAUSER 2801 "COCPOINT ROAD �ARIANCBS POBLIC HEARING 8:25 P.M. - 8:40 P.M. 'fhe Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter, as was Mr. Jeff Schoenwetter, the applicants' developer. Assistant Planning and Zoning Administrator Gaffron explained that this was a request for variances to construct an addition and decking to an existing residence. A variance will be required for hardcover in the 250-500' zone. An average lakeshore setback variance will also be required. Chairman Kelley clarified that even though the applicant was allowed credit for unused hardcover allowance in the 0-75' and 75-250' zones, he still exceeded the limit by 417 s.f due to excessive hardcover in the 250-500' zone. Kelley suggested that hardcover be removed from the garage area. Mr. Hauser indicated that the portion of hardcover to the north of the garage was of least importance and could be removed. Plarning Commissioner Hanson inquired as to the size of the garage doors. Mr. Hauser replird that they were standard size for a two -car garage. Hanson suggested removing a portion of the access to achieve the 417 s.f. Mr. Hauser felt that would not be necessary. Kelley suggested allowing the applicant to remove the 417 s.f. from any location he chose. Gaffron explained that there was a curve on Casco Point that limited sight distance from Mr. Hauser's driveway. He believed it would be best, from a safety standpoint, to maintain a turn- around area in Mr. fi:user's driveway. Bellows concurred, adding that the 417 s.f. removal could be achieved by taking hardcover from the north of the garage, and a small portion from south of garage. Mr. Hauser stated that he required the area to the south for additional parki-g. Planning Commissioner Brown suggested removal of the walkway in the front of the house. Mr. Hauser stated that he would remove the 417 s.f. and leave the turn- around. Planning Commissioner Cohen stated that in his opinion, the average lakeshore setback variance should not be allowed. He believed the City had been consistent in upholding the average. Gaffron said that he had not received any letters from concerned neighbors, nor were any present for this meeting. Kelley asked RINUTRS OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989 80NIMG PILE i1362-HRUSER CONTINUED the applicant if he had discussed this proposal with his neighbors? Mr. Hauser replied that he had and the neighbor to the south had no objections. Mr. Schoenwetter explained that the neighbor to the north had no opinion, mainly because he was selling his house and moving to Florida. Bellows commented that the 'leap frogging" circumstance was typically considere.i when reviewing average lakeshore setbacks. She questioned what would happen to the property directly north of Mr. Rauser'n. Gaffron depicted the lakeshore setbacks for the properties to the north. Kelley observed that if one were to draw a line between the two houses on the north to the south, it would run out 7ntn the lake. The same would occur on the south side. This is typical of properties located on points or peninsula's, as is this property. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of application t1362, subject to a hardcover reduction of 417 a.f. from whatever source available, and to approve th.: average lakeshore setback as defined. The hardships of this application would be the property being located on the point and the addition being 160' from the lakeshore. Motion, Ayese7, NayS-0, Motion passed. 91363 ROGER a 83= BERRY 1392 BALDUR PARE ROAD VARIANCES PUBLIC BURRING 8:42 P.M. - 8t55 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicants were present for this matter. As explained by Assistant Planning and Zoning Administrator Gaffron, the Berry's were seeking variances in order to demolish an existing residence and rebuild. Curr.ntly the hardcover on the property consists of a detached garage, as well as a driveway that continues uphill to the existing house. The proposal calls for a new residence with a porch, deck and attached garage. The driveway would remain in the same area, but would become slightly steeper. It is the intention of the Berry's to maintain the detached garage. In order to access the new, attached garage, it will be necessary to raise a portion of the yard by bringing in fill in the south 0-75' zone. The Berry's are proposing a walk- out which will require grading to be done within the north 0-75' zone. One of the reasons the Berry's preferred not to locate the house further back to meet the average setback, is to preserve a mature red oak tree. Gaffron said it would be necessary to make a 2' cut in order to achieve the walk -out. Planning Commissioner Bellows expressed her reuervatlona of ZONING PILE NO. 1362 CITr OP OEONO NOTICE OF Pl"NrNG commission ACTION P.O. Box 66 Crystal Ray, MN 55323 473-7357 Date of Notice: 1/25/89 -----------------------.__--_______________-_____________-___-________--_-- TO: Paul Hauser COPIES TO: Jeffrey M. Schoenwetter 2801 Casco Point Road 5353 Gamble Drive Wayzata, MN 55391 Parkdale IV 4307 Minneapolis, MN 55416 ----------------------------._________-___-______.______________---------__- TlPE OP APPLICATION: Variance ..__________________________________________________________________________ DATE OF MEETING: 1/.•.7/89 VOTES 7 For 0 Against Planning Commission recasasends the following: Approval subject to conditions noted below A NOTES AND SPECIAL CONDITIONS: 1. Reduce hardcover proposal by 417 a.f, to result in no hardcover increase as a result of this building addition. 2. Average setback variance approval. Applicant's next scheduled meeting is confirmed as: City Council February 13, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Too Mayor Grabek 6 Orono Council Members City Administrator Bernhardson F. 3 Michael P. Gaffron, Aset Planning L Zoning Administrator Date& February 2, '189 Subjects i1362 Paul Hauser, 2801 Casco Point Road - Variances - Resolution Zoning District - LR-lC Application - Request for average setback and hardcover variances to construct addition to existing residence. List of Exhibits Exhibit A - Notice of Planning Commission Action of 1/25/89 Exhibit B - Planning Commission Minutes of 1/17/89 Exhibit C - Memo 6 Exhibits of 1/11/89 Exhibit D - Resolution Discussion - Please review the memo and exhibits of January 11, 1989. The applicant is proposing to construct an addition to his existing house, which is located more than 160' from the shoreline. The average lakeshore setback variance is required due to the relative locations of neighboring residences. The hardcover variance is due to excess hardcover in the 250- 500' zone. Planning commission Recommendation - The Planning Commission reviewed this item at their meeting of January 17, 1989, and recommended approval of the average lakeshore setback variance in conjunction with removal of existing hardcover in the driveway area to result in no need for a hardcover variance on the property. Approximately 417 s.f. of existing hardcover must be removed to accomplish this. The Planning Commission recommended the further condition that the property owner shall submit for staff approval a plan showing which hard- cover &ream will be removed, prior to issuance of a building permit for the proposed additions. Staff Recommendation - Staff would recommend approval based on the Planning Commission recommendation, per the attached resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2577 A TESOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 PILE no. 1362 WHEREAS, Paul Rat ser (hereinafter "the applicant") is owner of the property located at 2801 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 a 2 to permit the .onstruction of additions to the existing residence which encroach past the average lakeshore setback line where no encroachment is normally allowed, and which result in a hardcover square footage on the property in excess of the square footage normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: -INDINGS 1. This application was reviewei as Zoning File 41362. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 17, 1989 and recommended approval of the average lakeshore setback variance and denial of the hardcover variance based upon the following findings: A) No significant lake views enjoyed by neighboring properties will be reduced or encroached upon by the proposed additions. B) 'tne hardcover excess on the property due to the proposed construction is 417 s.f. The property owner can remove 417 s.f. of existing hardcover in the driveway area without causing traffic safety or vehicle storage problems, >o that no hardcover variance will be necessary. Pace 1 of 4 RESOLUTION k2577 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and she effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on thi property are peculiar to it and do not apply generally to ot;,er property in this zoning district; that granting the variance woule not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve ,a a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a sub- stantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONC=;OSIOWS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to Permit the construction of an addition to the existing residence which will encroach past -ci:e average lakeshore setback line where no encroachment is normally allowed, subject to tl� following conditions: 1. The property owner shall remove 417 s.f. of existing hardcover on the property, thereby eliminating the need for granting of a hardcover variance. 2. Maximum total square footage of hardcover on the property shall be 3,815 s.f., as shown on the attached survey, Exhibit B. Areas of hardcover to b� removed in order to maintain hardcover at or below the 3,815 s.f. level, shall be removed prior to issuance of a Certificate of Occupancy for the new additions. The property owner shall provide a diagram of proposed hardcover removals for staff review and approval prior to issuance of building permit for the proposed additions. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will empire on that date (February 13, 1990). 4. violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and nn behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 City of ORONO RESOLUTION Of THE CITY COUNCIL • NO. 2577 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 13, 1989 r ward J. Cal ahan, Jr., Ace g mayor A Tt y a n, City Clerk Pro.dWrty 0 (s) STATE OF MINNESOTA ) ) as. COMM OF HENNEPIN ) The foragoing instrument was acknowledged before we on this 14th day of Februa , 19 89 , by Edwar J3 . laban and Dorothy M. Hall n, Act ng Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. N ary Public s;r; ,, RIE K. SCHHELER .Y+ NENNFiIN CWNTY My Commission Expires Paae 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL OF NO, 2577 STATE OF MINNESOTA ) as. COUNTY OF HENNEPIN ) On this /91-"' day of Wy , 1989 before me a 11otary Public within and for said county, personall? appeared L i' ifAu.5 known to me to be he person(s) described in and who executed the foregoing instrument, and acknowledged chat he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC SUS0.N M. HAUSEn MOi�cT PUmIC YIxXE:Oi0. HEN NE[XN COUNTY MY CO ISS ON EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN I On this I -f "', day of l' qy 198),, before me a Notary Public within and for sal -county, personally appeared iQps4L,1gy known to me to be the s person ) described in and w o executed the f oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. SUS0.N M. HPUSEe >: (AYPUBLIC y Nona YUOU: Y:'JNLOA L °R mFNr:EPtN COUNTY L m�M lrvrw Y.:. a1. 1"2 . �--- MY CO ISS O EPZRES Page 4 of 4 EXHIBIT A RESOLUTION NO. 2577 LEGAL DESCRIPTION: I hereby certify that this is a true and correct representation of a survey of the boundaries of,7hat part of Lots 125 and 126: and that part of Lake Shore Avenue, vacated; and chat part of the tracts of lend across from Lots 125 and 126 on the upposite side of Lake Shore Avenue as designated and defined In the instrument of dedication of the plat of Spring Park described as commencing at the Northeast corner of Lot 12b; thence Westerly along the Northerly line thereof 20 feet; thence Southerly par elltl to the Easterly line of Lot 126 a Jistance of 58 feat to the point of beginning; thence Northerly parallel to the Easterly line of Lot 126 to the Northerly line of Lot 126; thence Westerly along the Northerly line of Lot 126 and Its extension to the shore of Lake Minnetonka; thence Southerly along the shore of Lake Minnetonka to its intersection with a line running parallel to and 70 feat Southerly of the Northerly line of Lot 126 and its extension, as measured et right angles to the Northerly line of Lot 126 and its extension; thence Easterly along said parallel line to • point which 1s 170.4 feet Westerly from the point of beginning; thence Easterly to the point of beginning, all in Siring Park, according to the recorded Plat thereof. (Henneoiti County, Minnesota) APPLICATION NO. 1362 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/14/89 _____________________.-_-__-_-_-_____-________________--____________-__ TO: Paul Hauser COPIES: Jeff. Schoenwetter 2801 Casco Point Road J.M.S. Equities, Inc. Wayzata, MN 55391 5353 Gamble Dr, Sufte 307 Minneapolis, MN 55416 TYPE OF APPLICATION: Variance ------------------------_--________--________-__________-__- DATE Ot MEETING: 2/13/89 VOTE: A For 0 Against COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in a^.proved plans are subject to further review by the City. Variance approval expires one year after date of approves 'F r permit has not been app 7. ied for. Please arrane tan the 3 original resolut4on copies at the City Offices (Monday chrc •riday, 8:00 to 4:30). i persons with an Interest in the property sign the resolutions If you desire certified co. 'es of the official C�uvc.1 minutes, they are available from the City - corder or City Clerk after review and approval by the City Council. Building Permit is required - contact Build:..ng Inspector regarding statue of application.