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CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00 ($50.00 per each additionai variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
______________________________________________________________________.
PROPERTY LOCATION
Site Address
Property Identification Number (P. I.D.)
Please check one - Is the property _ abstract or v'� torrens7
Attach legal description to application if not included on required survey.
___________________________________________________________________.._______
APPLICANT // Phone ( home ) 6: Z - 4 7/ -O7eY
Name yr. y- Phone (work)Ce2-I/7/-✓84/
Address: C�Nsssm G)9a1 C,^e- fY �4 City: nfcho zip:
--------------------------------------------------------------- ____________
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address: City: Zip:
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land.
___________________________________________________________________________
PRESENT USE OP PROPERTY
Present zoning District
Present Use of Property ✓ Residential
other (specify)
-------------------------------------- _________________________________.-___
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail: c.�`y, 7./,.y� t ;;" (/,� &W�
___________________________________________________________________________
VARIANCES REQUIRED
_ Lot Area Lot Width ✓ Hardcover
Setback Variances ( Front Side Rear)
Other
________________________________________________________________________.__
HARDSHIP
.> Describe un3ue hardship or practical d'Fficulty resulting from strict
enforcement of zoning regulations:
___________________________________________________________________________
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property cor'itions preventing compliance with Zoning
Code Requirements: _
___________________________________________________________________. ______
111.R'�� lUIRED SUBMITTALS
. Completed Application Form
2., Certified Property Owners List of owners within 150' (you can obtain
this list from Hennepin County Department of Finarce A-603 Govt Center
348-3271).
Stamped, legal sized envelopes (i10) pre -addressed to each of the
names on the above list with no return ar'dress.
�0 Certificate of survey including hardcover calculations as required.
5.. Plat Map.
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 provide 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
knrwledge.
Applicant's Signature
Date
OWNERS SIGNATURE
The owner hereby ackcwledges and agrees to this application and further
authorizes reasonable entry onto the property by City 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 int, the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council, and, if an
applicant is unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agent attend in your place and to advise the
Buildinq 6 Zoning Ofiice of this change prior to the meeting.
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "RigF�s 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
action to approve, some information may become public.
5. You have tertian rights under M.S. 15.165 to review
private data on yourself.
b. Your full n,,.me, and date of birth are required to process
this application or permit.
(d � /ia.,
First Middle Last
AAress
_aA f ".b, 0 K rs39/
S-�-sa
Date 07 rth does not apply to building/general permits)
Jp one
I u e s n ghts as stated above.
X
Signature
s 112 SEC. 208
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PON DATE OS/30/87
HENNEPIN COURT PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
BATCH 005
10 20-117-23 31 0014
38 20—II7-23 31 0057
PROP MDR
028M CASED POINT RD
MIER NAME
STATE LAID OEPT
MARGARET E ORAKE
TAXPAYER
CITY OF ORO O
ALFRED A A ROSEMARY IVERSEN
NAME/MDR
CONEYEO
2835 CASCO POINT RD
l
9/8/80 ST OEEO 158897
Ve YZATA IOL 55391
M 20—I17-23 32 0005
MOP MDR 02818 USED POINT RD
W ER NAME ROBERT M EMFIELD L NIFE
TAXPAYER DALE R RAASCM
�. NAME/ADOP 2818 CASCO POINT RD
WAYZATA MR 55391
M 20—I17-23 32 0008
PROP MOR
02M CASCO POINT RD
OWNER NAME
DAVID J TORUS A NIFE
TAXPAYER
DAM J TOMS
NAME/MDR
ROES CASED POINT ROM
HATZATA HN 55391
38 20-117-23 32 O011
POP MOP
02815 CASCO POINT PO
l
OOER HAMS
G A C SCANLON
TAXPAYER
GENE A CATHERINE SCANLM
NAME/MDR
2815 CASCM PUIM ROAD
CROWD M 55391
O
PROP MKIR
OAER KAM
TAXPAYER
TOTAL BATCH 005 YYOl2
NAME/MDR
V
U
O
O
30 20-117-23 32 0006
C2020 CASCJ POINT RD
MIRIAN I JOHNSON
MIRIAN I JOINSON
2829 CARS POIM 0
NAYLTA ML 55391
30 20—II7-23 32 0009
02821 CASED POINT RD
R E OEMSNAR A M M DEMSNM
ROIALD A HARGARET OEMSNAR
2821 CASCO POINT RD
ORONO IN 55391
39 20—II7-23 32 0012
OZ813 CASCO POINT RD
L A M BAC::IES
LEONARD A MART AWN BACHKES
2813 CASCO POINT RD
WAYZATA HN $5391
REPOT W. PI935401
PADS 9
M 20—I17-23 32 0006
62818 CASCO POINT RD
ROBERT M WIELD L WIFE
DALE R RAASCH
2815 CASCO POINT RD
WAYZATA MN 55391
38 20—I17-23 32 0007
02829 CASCO POINT RD
8 E PETERSON A M P PETERSON
MYCE E PETERSON AND
MARY PAT PETERSON
2829 CASCO, POINT ROAD
CROWD 10L SS391
30 20—I17-23 32 MIC
02017 CASCO POINT M
M 8 STRON ETAL
N S FRICKLET A C M BRICKLEY
2817 CASCO PT RB
WAYZATA HN 55391
ID 20—I17-23 32 0016
02800 CASCO POINT RD
P FOX — F HERFURTI REAL EST
TDMAS S KM
2800 CASCO POINT ROM
WAYZATA MN 55391
HEISE►ID CUMEY PROPERTY n OMTIM smEn REPOOT M. PIO3MEI
PROPERTY USERS LIST PME le
I CERTIFY THAT FKTS REPRESEMEO ARE M ACCIRATE MD TRUE
REMESEHTATIM M INFCHHATIW AS IT MPEMS THIS RATE OH THE RECORDS
BF THE H[ M RNTNLMD BEEPIH CFPMEM A F PROSPE/1RTY TANAT- BEST
M TM
EOCI �
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Affidavit o/ Publication
ea..k rum m aapiaw, May a, leer. m M
IpbiNV bIC W �pWtmla:
r. E. Dessau, 2Y$I Caro
State of Minnesota. County of Hennepin.
saete!saemw.e+e.we.e�..!
te9Olwm1,,,41 wee 110 nwww.
a. nsM ,• eaww tau. xe2e an.ppe
8111 Holm, being duly sworn, on oath says that he i9
an authorized agent and employee of the publisher
alp .�.. e.elw�.. Sox cso van!
of the newspaper known as THE LAKER, Mnund. Min-
aoi0
ee+.e.+a.a«ea Maur. m+en
a of the facts which are
newts. and has full knowledge
9
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waq nrw liar ee. eau nra!lne rerr•e
stated below:
aledn aaasr. 1x s�
ei" l+reawr iAe "'ram' A.) The newspaper has complied with all the require.
IC4 r41rro�b•re1•ae•a
rcara wry +o w ewng manta constituting qualifications as a qualified
aen ewMrereyrMOO.1rM newspaper, as provided by Minnesota Statute
Me.+.wa!w..ar.a.r 331 A.02, 331 A.07, and other applicable lava, as
ablR Ir a nee.+pkr err
a ranau � ryaq anapa•n amended.
a.wvroe.la.awape�n
sunmrwmanemra. vl.e NAln/6 A/o/lr�
i +a lwl•vn MCM ee!aae.W B.1 The Printed _
see a o+am
Jay eb•b
aar+. ^ which Is attached was cut from the columns of eaf0
yre a z0" aeasanr lr newspaper, antl wys printed and published once each
aaearlrnllrLr.n va�maan za week for / successive weeks:
Ian
It was first published Monday. �J
the Y�day of �kL .191 r
and was thereafter printed and published every
Monday. to and Including Monday.
the day of .19
r
Authorized Agent
Subscribed and sworn to me
onthis
y�y
3 day of
s. Mery "burlap dio
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Rafe Mfwmeflen
(1) Lo ibil c4 ietl rate paM by ca bm CW uaera tar cwnpara
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(2) Ma arnum rate Wwvea by law la above rmtter fa !4 per inch
131 Rne acluaiv chrged Iw above butler as S M, inch
Each anahorui s es ve week $3 03 per o Kh
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN
1
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 t1138, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 17th day of April, 1987.
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council
Chambers at 1275 South Brown Road on Monday, May 4, 1987, on the
matter of the following land use applications:
1. i1138 Ronald E. Demshar, 2821 Casco Point Road - Seeks
ha cover and setback variances for an addition to his
existing residence.
2. 91139 Jim 6 Bonnie Lear, 2525 Dunwoody Avenue - Seek a
hardcover variance for a proposed addition.
3. #1140 Tom Berthiaume, 3035 Casco Point Road - Seeks a
setback variance for the construction of a second story over
a portion of the existing house that does not meet the
required side setback.
4, 41141 Karlton Gempler, 1955 Pagerness Point Road -
Seeks hardcover and average lakeshore setback variances for
a proposed addition and a second story to his existing
residence.
5. #1142 Smith Bay Marina s Yacht Club, 1955 Shoreline
Drive - Seeks lakeshore setback and hardcover variance for a
proposed club house structure that will replace all existing
structures.
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 appointment.
City of Orono
By: Planning Commission
kIll j
TmAnne A. Mabusth,
i lding a Zoning Administrator
To be published the week of April 20th, 1987.
Adjacent Property 0 a' Acageme.tPon
I (we) V/7 - -1 Y1 ��CI of 4 7- r G�1<o Ofiiw 7/�O /�i
pr nt namfl s pr nt a ress
have reviewed the plans for the proposed improvement or proposed use of the
property located atalso referred to as Land Use
Application No. li 3a.
I (we) understand that in executing this acknowledgement, I (we) an,
(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.
i
Props y Date
i
Pr6l>etty`Owner • Date
If you havt any information that may assist the City in the review of
this Land Use Application, please submit your comments to the Building a
Zoning Office at least 10 days prior to the scheduled meeting date.
33#
Adjacent Property Owners' Acknowledgement Form p�
I (we) l[prin to VA s lSQ\GI�C.rr\, of t a
[print name s��r [print address
have reviewed the plans for the proposed improvement or proposed use of the
property located at Y(- J also referred to as Land Use
Application No. IIiA .
I (we) understand that in executing this acknowle.:gement, 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.
C3
g.' s
Property Owner Date -T
Property Owner
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 R
Zoning Office at least 10 days prior to the scheduled meeting date.
�gORONO HARDCOVER CALCULATION NORM T # .�
LAKESHORE A. Existing B. Existing C. Existing D. Proposed E. Proposed F. Allowed
SETBACK lot area hardcover hardcover hardcover hardcover. hardcover
ZONE in zone in zone percentage in zone percentage percentage
[(B$A) x 100] [(D,A) x 100]
0-75' %SOG sf — sf U % U sf % 0 �e
75-250' `%36c sf B9!'/ sf 61 Ye (13,6 sf 25
250-500' sf sf `/o sf Se 30 �o
500-1000, sf sf % sf *X 35 �e
Directions: 5CC ,5rAFF "' Ud "'OAS
A. Existinq Lot Area in Zone - includes the total square footage of dry buildable land
within the specified zone.
B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks,
driveways (gravel or paved) and other rain -impervious surfaces within the specified zone.
C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100.
D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional
hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100.
F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed
the allowed percentages in column F, you should contact the Zoning Department at 473-7357
to discuss the possibilities of obtaining a variance. Generally, if a---ncurrent removal
of existing hardcover matches the additional hardcover proposed, reekag in no net Increase
of hardcover in a specified zone, a variance may not be necessary.
LAKESHORE REGULATIONS AND HARDCOVER 4
SEC. 10.22. REGULATIONS FOR-LR-IA', 'LR-lA-1', 'LR-1B-,
'LR-IC* AND 'LR-lC-l' ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT.
Within any "LR-lA", "LR-lA-1", "LR-1B", "LR-lC", or "LR-lC-1" One
Family Lakeshore Residential District the following regulations
shall apply:
Subd. 1. Lakeshore Set Back Regulations. The set back
from the shoreline for lakeshore lots shall be at least 75 feet and
no building may be located closer to the shoreline than the average
distance from the shoreline of existing residence buildings on
adjacent and nearby lots.
Subd. 2. Lakeshore Hard Cover Regulations. Within 75
feet of shoreline there shall be no excavating, filling, hard
cover, temporary or permanent structures. Within 75 to 250 feet of
the shoreline there shall be no greater than 251 hard cover.
Within 250 to 500 feet of the shoreline there shall be no greater
than 30% hard cover. Within 500 to 1,000 feet of the shorel-ne
there shall be no greater than 358 hard cover.
Subd. 3. Tree Removal Regulations. No trees within 75
feet of the shoreline with the diameter of six (6) inches or more
shall be removed without first obtaining a permit from the Council.
HARDCOVER LIMITATICAS 0-75' Zone - 0% Hardcover allowed
75-250' Zone - 25% Hardcover allowed
250-500' Zone - 30% Hardcover allowed
LPKE o/ 500-1000' Zone - 35% Hardcover allowed
PtiS
'15 J Percentage of hardcover for each
zone is calculated as follows:
Area of hardcover
in zone (sq. ft.) percentage of
25 POVc Area of lot — X 100 = hardcover in zone
in zone (sq. ft.)
NOTE: Measure setback distances
-� perpendicular to the shoreline,
\ \ not along the lot line.
ROAD
HARDCOVER RRVIHM
2821 Canco Point Road - Zoning Tile #1138
.otal Lot Area = 13,860 s.f. = 0.32 acres
0-75' - Lot Area - 4,500 s.f.
Existing 0-75' Hardcover
Stair 31x24' 72 s.f.
Platform 4'x8'+/- 32 s.f.
Shed 6'x8'+/- 48 s.f.
152 s.f. or 3.4%
75-250' - Lot Area = 9,360 s.f.
Existing 75-250' Hardcover
House (27.7x47)+(18x31) 1,860 s.f.
Detached Garage (21.6x31.5) 680 s.f.
Concrete walks (2.9x79)+(5xll) 258 s.f.
Block wall (lx28) 28 s.f.
Gravel Driveway (48x24)+(22xll4)
+(llx26)+(45xll) 2,054 s.f.
• Hock/Plastic Near House (3x24) 72 s.f.
4,952 s.f. or 52.9%
• Approximately 300 a.f. of rock and plastic has been removed from
the lake side of the house, and is intended to be replaced with a
12'x24' deck and connecting sidewalk.
Proposed 75-250' Hardcover
House
Addition (12x31)
Sidewalk (5xll)+(70x2.9)
+(4x29)
Detached Garage
Block Wall
Driveway (22x60)+(20xl4)
+(45xll) 2,095 s.f.
Deck 12x24 288 s.f.
Sidewalk 3x26 78 s.f.
------------
5,775 s.f or 61
1,860 s.f.
372 s.f.
374 s.f.
680 s.f.
28 s.f.
71
V,
3a
30
q,2
3v
qv X q,2
�Z
30
From the desk of . . . RON DEMSHAR FOR THE ATTENTION OF
COMPANY NAME
SUBJECT (YlT LI G=t<C� C/ l DATE 1&6 /
+11
114
SIGNED 1 __
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator
Date: April 29, 1987
Subject: t1138 Ronald E. Demshar, 2821 Casco Point Road -
Variance - Public Hearing
Application - 1) Add second story over main body of house (28'x47'),
substandard setbacks on both sides; 2) Create an attached garage
requiring 121x3l' addition to house, revise driveway; 3) Add 12'x24'
deck and connecting sidewalk at ground level on lake side of house.
Zoning District - LR-IC, 4-acre sewered
Variances Required -
Setbacks:
Allowed or
Existing
Proposed
Required
1)
Right side, 2nd Story*
5.6'
5.6'
10,
2)
Left Side, 2nd Story**
3.4'
3.4'
10,
3)
Right Side, Addition
9.8'
9.2'
10,
4)
Average Lakeshore
Setback Encroachment
is,
18,
0'
Hardcover: 0-75' 3.4% 3.4% 08
75-250' 52.9% 61.79 25%
* Chimney within 4.1' of side lot line.
** Chimney within 1.9' of side lot line.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List/Acknowledgements
Exhibit D - Survey
Exhibit E - Survey With Staff Sketches and Notations
Exhibit F - House Plans
Discussion -
Variance
4.4' or 44%
6.6' or 66%
0.8' or 8%
18'
3.4% (no change)
36.7%
Applicant is proposing to add a second story to his residence which
currently has substandards setbacks on both sides. Additionally, he wishes
to add to and remodel the portion of the house away from the lake to create
an attached garage, resulting in a small increase in driveway hardcover.
it appears that the existing detached garage is intended to remain. Also,
a ground -level 12'x24' deck is proposed to be constructed on the lake side,
with a portion of sidewalk to connect to the existing sidewalk along the
side of the house.
Zoning File t1138
April 29, 1987
Page 2 of 3
Issue I - Side Setbacks.
Three side setback variances are required - the second story will be
contructed over the portion of the house that is 3.43' from the east lot
line, 5.6' from the west lot line. The effect of this second story on the
"light and open space" in the neighborhood would seem to be minimal. We
have not had comments from either neighbor as of this writing. Also, the
12' house extention to create room for the attached garage will be 9.2'
from the side lot line. Staff has no conceptual problem with these
variances.
Issue II - Average Lakeshore Setback.
Although there will be no extention of to house further lakeward than
what exists now, the house already is encroaching into the average setback.
The proposed addition will have no impact on views enjoyed by the neighbor
to the east. There is a slight potential that the neighbor to the west
might lose some views from his second story deck looking over the
applicant's house. These ha',e not been confirmed and staff does not see
them as a concern unless the neighbor expresses such a concern.
The proposed ground level deck is not intended to have a railing, and
will have no effect on views.
Issue III - Hardcover.
Staff sees hardcover as a major issue on this lot. Planning
Commission and Council rarely have approved 75-250' hardcover in the range
of 50% except in obvious hardship situations, and even more rarely allowed
an increase from 50% to 60%. Looking at a typical application similar to
this one, refer back to Gordon Nelson at 1310 Elmwood Avenue. The lot size
was 0.28 acres, with only minimal hardco:er in the 0-75' zone; garage
additions were allowed to increase 75-250' hardcover from 33% to 34.5%. In
the Schall application, 605 Park Lane, with a lot area of only 0.20 acres,
an increase in the 0-75' zone from 49% to 52% was allowed, again where
there was almost no 0-75' hardcover. In fact, a review of similar oases
where the existing house and improvements are almost totally in the 75-250'
zone, indicates that the typical hardcover percentages allowed are in the
range of 25% to 40%, hence this proposed increase from 53% to 62% is not
consistent with contemporary approvals.
Staff agrees that the property needs a driveway backup apron in order
to not have to back on to Casco Point Road. However, applicant should be
asked to discuss what hardships to the property or unusual circumstances
justify the high hardcover percentages. It is necesary to keep the
detached garage if an attached garage is built? Is the extent of driveway
proposed really necessary? Does the deck have to be as large as proposed?
Zoning Pile 11138
April 29, 1987
Page 3 of 3
Staff Recommendation -
Staff recommends approval of the second story addition with its
related side-�tback variances and average setback variances. Staff
recommends that applicant must justify the need for the amenities that
increase the hardcover percentage and staff suggests that no hardcover
increase may be appropriate given the history of Council action or similar
situations.
NOTE: On May 1, 1987, applicant brought in photos of his lakeshore bank.
No accompanying proposal or reason for these photos being submitted.
Application form does not address this work. If changes to or repair
to lakeshore banks is proposed, It will likely require a separate
conditional use permit application. This issue was not addre.,::ed in
staff's review of the application.
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MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 4, 1987
#1122 BIG ISLAND VETERAN'S CAMP CONTINUED
It was moved by Taylor, seconded by Cohen, to table this
review pending the Big Island tour. Motion, Ayes 6,
Nays 0.
#1128 RAINEY ANDERSON
780 OLD CRYSTAL BAY ROAD
PRELIMINARY SUBDIVISION - CLASS II
CONTINUATION OF PUBLIC HEARING
REQUEST TO BE TABLED
Assistant Zoning Administrator Gaffron stated that
applicant has not submitted any additional information,
therefore, staff and applicant request that this item be
tabled.
It was moved by Chairman Kelley, seconded by Taylor, to
table this application. Motion, Ayes 6, Nays 0.
61133 BETTY MINER
3830/3860 BAYSIDE ROAD
SUBDIVISION - CLASS I
CONTINUATION OF PUBLIC HEARING
Betty Miner and her agent, Larry Langhans, were present
for this matter.
Zoning Administrator Mabusth stated that they received
the additional survey information indicating no
encroachments as previously thought.
There were no comments from the public and the public
hearing was closed.
It was moved by Cohen, seconded by Taylor, to recommend
approval of the lot line rearrangement subdivision as
sed. Motion, Ayes 6, Nays 0.
i1138 RONALD E. DEMSHAR
2821 CASCO POINT ROAD
VARIANCES
PUBLIC HEARING 8:51-9:05
The Af�vit of Publication and Certificate of Mailing
Ronald Demshar was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request to a) add second story to main body of house
which currently has substandard setbacks on both sides,
b) remodel the portion of the house away from the lake
to create an attached garage requiring 121x3l' addition
to house, and revise driveway; and c) construct a
ground -level 12' x 24' deck on the lake side with a
portion of sidewalk to connect to the existing sidewalk
N
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 4, 1987
11138 DENSHAR CONTINUED
along side of the house. He reviewed the variances
involved as follows:
Side Setbacks -
2nd story - right side 5.6' (same as exists)
2nd story - left side 3.4' (same as exists)
Addition - right side 9.2' (9.8' exists)
Average lakeshore setback encroachment - 18' (same
as exists)
Hardcover -
0-75' - 3.4% (same as exists)
75-250' 61.7% (52.9% currently exists)
Gaffron noted that no comments have been received from
the neighbors and staff does not feel that the 2nd
addition will hinder any of the neighbors view.
Mr. Demshar noted that there are currently 50' pine
trees on the neighbor's property which obstruct the
view.
Bellows asked applicant to explain his hardship for
keeping the existing garage in addition to the new
garage.
Mr. Demshar stated that his basement is only 300 s.f.,
therefore the existing garage is need for additional
storage and boat storage.
Cohen stated he was uncomfortable with the additional
hardcover and setting a precedent. He would consider
recommending approval if the existing garage were
removed.
Chairman Kelley agreed with Cohen noting more storage
room would be accomodated with the new 2nd story
addition.
Mr. Demahar asked if the Planning Commission would be
amenable to allowing the existing garage to remain until
the new construction is completed.
Chairman Kelley felt that retaining the garage until
construction was completed would not be a problem. He
asked what the actual hardcover calculation would be if
garage were removed.
Assivtant Zoning Administrator Gaffron stated that if
garage were removed, the hardcover would increase by
approximately 1.5% to total 54.4% 75-250' hardcover
instead of the proposed 61.7%.
MINUTES OF SHE PLANNING COMMISSION MEETING NEW MAY 4, 1987
t1138 DERSHAR CONTINUED
Assistant Zoning Administrator Gaffron noted the photos
Submitted by the applicant of the lakeshore which
indicate an obvious need for some type of repair. He
asked applicant what his intent was for lakeshore
repair.
Mr. Demshar stated he intends to eventually replace what
exists.
Assistant Zoning Administrator Gaffron noted lakeshore
repair work may or may not require a conditional use
permit depending on exactly what changes applicant
proposes. He noted that if a conditional use permit
were required, it would involve a separate application.
There were no comments from the public and the public
hearing was closed.
It was moved by Chairman Kelley, seconded by Cohen, tc
recommend approval subject to:
1) 54.4% maximum approved hardcover in 75-250'
2) existing garage removed by May 1, 1988
3) no additional hardcover will be approved on this
property
Motion, Ayes 6, Hays 0.
i1139 JIM i BONNIE LEAR
2525 DONNOODY AVENUE
VARIANCE
PUBLIC BRING 9:07-9:21
The Affidavit of Publication and Certificate of Mailing
was noted.
Jim Lear and his general contractor, Mike Schroeder,
were present for this mat'.er.
Assistant Zoning Administrator Gaffron explained the
request to construct an addition to an existing
residence which would extend to within 4' of the
existing garage. Because the code requires a 10'
separation between a principal building and accessory
structure, applicants propose to attach the two
structures by constructing a roof between them. He
reviewed the following variances and facts:
Hardcover -
0-75' 2.42% - no change proposed
75-250' - 28.7% existing - proposal is for equal
tradeoff (no net increase)
250-5001- 13.17% existing - no change proposed
9
ZONING PILE NO. 1138
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7�57 Date of Notice: 5/5/87
-------------------------------------------------.----------------
TO: Ron Demshar COPIES TO:
2821 Casco Point Road
Wayzata, MN 55391
-----------------------------------------------------------------
TTPN OF APPLICATION: XX Variance
-.---------------------------------------------------------------
DATE OF MEETING: 5/4/87 VOTE: 6 For 0 Against
Planning Commission recos•ends the following:
XX Approval: subject to conditions noted belc,.
NOTES AND SPNCIAL CONDITIONS:
Recommended approval of setback variances to allow
construction of 2nd story over existing house, 1st story garage
addition, and proposed deck, subject to:
1. Removal of existing detached garage no later than May 1,
1988 - this area must revert to non -hardcover (grass).
2. Hardcover variance granted to allow 75-250' hardcover
increase from 52.9% to 54.4%.
3. No further hardcover variances allowed.
Please contact Mike Gaffron (473-7357) to discuss proposed
upgrade of lakeshore bank.
-----------------------------------------------------------------
Applicant's next scheduled meeting is confirmed as:
Council May 26, 1987
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.
Tot Mayor Grabek
Orono Council Members
City Administrator Bernhardson
Frost Michael P. Gaffron, Asst Planning 6 Zoning Administrator
Date: May 19, 1987
Subject: 11138 Ronald E. Demshar, 2821 Casco Point Road -
Variance - Resolution
List of Exhibits
Exhibit A - Resolution
Exhibit B - Planning Commission Action Notice of 5/5/87
Exhibit C - Memo i Exhibits of 4/29/87
E::hibit D - Planning Commission Minutes of 5/4/87
Discussion
Please review the memo and exhibits of 4/29/87. Applicant wishes to
construct a second story, construct an attached garage addition, and add a
deck on the lake side of the house.
Planninr, Commission, at their 5/4/87 meeting, recommended approval for
the setback variai,ces to allow construction of the additions as proposed,
subject to remova] of the existing detached garage (and reversion to grass
areal no later than May 1, 1988. This results in a 75-250' hardcover
increase from 52.9% to 54.41.
Staff Recommendation
Staff recommends approval per the recommendation of the Planning
Commission. A resolution reflecting their recommendation is attached for
Council's review. NOTE: If Council does not find that the hardship
presented justifies the hardcover increase requested, staff notes it is
feasible to reduce the deck and driveway by at least the 143 s.f. necessary
to result in no hardcover increase.
YwnoN- A100
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So
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2184
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
AND 10.22, SUBDIVISION 1 AND 2
FILE t1138
WHEREAS, Ronald E. Demshar (hereinafter "the applicant") is the
owner of the property located at 2821 Casco Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 118, Spring Park, and that part of Lake Shore Avenue, now vacated,
lying between extension across it of the side lines of said lot and
including the land between said vacated avenue and the shore of Lake
Minnetonka, lying between extensions across said strip of land of the
side lines of said Lot 118, according to the recorded plat thereof on
file �r of record in the office of the Register of Deeds, in and for
Hennepin County, Minnesota, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.22,
Subdivision 1 and 2 to permit the construction of a 121x24' ground level
deck, a 28'x47' second story over the existing house, and a 121x3l'
attached garage addition; the second story addition requiring 5.6' and 3.4'
right and side setbacks respectively where 10' side setbacks are normally
required, and requiring an average lakeshore setback encroachment variance
of 18' where no average lakeshore setback encroachment is normally allowed;
the attached garage addition requiring a 9.2' right side setback where 10'
aide setback is normally required; and the additions in total requiring a
variance for excessive hardcover in the 75-250' lakeshore setback zone
where only 25% hardcover is normally allowed.
HOW, THEREFORE, BE IT RESOLVED by the City Counc_1 of Oron9,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File i1138.
2. The property is located in the LR-IC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on May 40
1987, and recommended approval of the proposed variances based upon
the following findings:
A) The second story addition over the existing house will have
no detrimental effect on any neighboring views of the lake.
Page 1 of 5
�e
CITY
OF
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2184
The ground level deck proposed on the lake side of the house
w 11 have no railing and will have no effect on neighboring views
of the lake.
C) Applicant requests to keep the existing detached garage for
storage because the existing house has only a 300 s.f. basement
hence existing storage is limited.
D) 1_anning Commission finds that it is app':opriate to allow
applicant to keep the existing garage during construction of the
additions, but that there are no hardships demonstrated to
justify retention of that detached garage once the new attached
garage is completed.
E) Upon removal of the detached garage, applicant's 75-250'
hardcover will revert to a total of 54.4%, or a 1.5% increase
over the pre-existing 52.9%.
4. The City Council finds no hardship to justify an increase in 75-
250' hardcover, and finds that it is feasible to remove existing
hardcover so that there is no net increase.
5. 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 the effect of the proposed
variance on the health, safety and welfare of the community.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Section 10.25, Subdivision 6
(B) and Sec. ion 10.22, Subdivision 1 and 2 to permit the construction of a
12'x24' ground level deck, a 281x47' second story over the existing house,
and a 12'x3l' attached garage addition; the second story addition requiring
5.6' and 3.4' right and side setbacks respectively where 10' side setbacks
are normally required, and requiring an average lakeshore setback
encroachment variance of 18' where no average lakeshore setback
encroachment is normally allowed; the attached garage addition requiring a
9.2' right side setback where 10' side setback is normally required; and
the additions in total requiring a variance for excessive hardcover in the
75-250' lakeshore setback zone where only 25% hardcover is normally
allowed, subject to the following conditions:
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2189
1. Hardcover on the property shall be allowed as follows:
0-75' Zone
Stairs 72 s.f.
Platform 32 s.f.
Shed 48 s.f.
152 s.f. or
3.4%
(No changes from existing)
75-250' Zone
Existing House
1,860
s.f.
Attached Garage/Addition
372
s.f.
Sidewalks
452
s.f.
Block Retaining Wall
28
s.f.
Driveway
1,952
s.f.
Deck on West Side of House
288
s.f.
4,952 s.f. or 52.9f
Applicant is advised that no future additional hardcover will be
approved on the property and that any future proposals for additional
hardcover will not be approved, but might be approved only with
concurrent removals of existing hardcover.
2. Applicant is advised that the existing shed and platform at the
lakeshore are considered non -conforming structures and are subject to
the pertinent ordinances governing such structures.
3. The existing detached garage shall be removed no later than May 1,
1988 and that area shall revert to grass non -hardcover immediately
upon removal of the garage. The 143 s.f. removal of driveway
hardcover shall also occur by May 1, 1988.
4. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or this variance will expire on that date (May 26,
1988).
5. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
Paqe 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2184
6dersigned applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 26th day of May, 1987.
Page 4 of 5
City of ORONO
as.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2184
On this 4th day of �,.,e 1981
before me a Notary Public within and for said county, personally
appeared R. Demshar s Maroa4et Martin D2mehar known to me to be
the persons) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�, MAAe
yu.
STATE OF MINNESOTA )
)as.
COUNTY OF HENNEPIN )
• :1lPUBLIC
9a
MY COMMISSION EXPIRES
On this day of , 198 , before me
a Notary F�blic within and for said County, personally appeared
known to me to be the
persons described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 5 of 5
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on May 26 , 1987 , and that the same is a true
and correct copy of said resolution vas duly adopted by said City
Council at said meeting.
In Witness whereof, I have hereunto set my hand and seal this
4th , day of .June , 19 87
1 Y
D dthy
M. lin, C. Cler�
(SEAL)
NO1BS OP THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
LR Nl\LD DEMEANO POINT ROAD
VARIANCE
REBOLOTION i2184
Ronald Demshar was present for this matter.
City Administrator Bernhardson explained the request for
an addition of a second story over the main portion of
the house which does have a substandard setback.
Additionally, they will build an attached garage,
enlarge the driveway and alai add a deck on the lakeside
of the house. This does require a number of variances
partially due to the substandard nature of the house.
The hardcover would increase in the 75-250' from 52.9E
to 54.4% which staff noted in the memo could be feasibly
reduced within the deck and driveway by at least the 143
s.f. necessary to result in no hardcover increase.
Councilmember Callahan noted that if it is feasible to
remove the 143 s.f. of hardcover, he would like to have
that incorporated.
It was moved by Councilmembez Callahan, seconded by
Councilmember Goetten, to adopt Resolution 02184 with
the amendment to Condition 41 removing the additional
143 s.f. resulting in no additional hardcover. Motion,
Ayes 5, Nays 0.
11139 JAMES LEAR
2525 DUNNOODY AVENUE
VARIANCE
RESOLUTION #2185
James Lear was present for this matter.
City Administrator Bernhardson explained the request to
construct an addition to the house and because of the
proximity of the house to the garage it was decided to
connect these and by that connection, because the garage
was substandard which would require a variance.
Although the application will result in no net increase
in hardcover, it already is over the allowed 25%, so
that would also require an approval. Mr. Lear has noted
that the area above the garage, although it will be
sheetrocked and heated, will not be used as living apace
by humans.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution 42185
approving the variance per staff and Planning Commission
recommendation. Motion, Ayes 5, Nays 0.
ZONING FILE EO. 1138
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 5/28/87
-----------------------------------------------------------------
TO: Ron Demshar COPIES TO:
2821 Casco Point Road
Wayzata, MN 55391
-----------------------------------------------------------------
TYPE OF APPLICATION: XX Variance
-----------------------------------------------------------------
DATE OF IEETING: 5/26/87 VOTE: 5 For 0 Against
COUNCIL ACTION - MOTION:
To approve per the attached resolution as revised, that
revision being that final 75-250' hardcover shall not be
increased above the existing 52.9% (4,952 s.f.). You have stated
that this will be accomplished by removing an additional 143 s.f.
of driveway area.
Please arrange to sign the 3 original resolution copies at
the City offices (Monday thru Friday, 8:00 to 4:30).
-----------------------------------------------------------------
XX MORE PERMITS ARE REQUIRED - contact Building Inspector
before beginning work.
XX VARIANCE APPROVAL is limited to the extent shown on approved
plans. Do not change plans. Variance authority expires one
year after approval.
If you desire certified copies of the official Council
Ainutes, they are available from the City Recorder or City Clerk
after review and approval by the City Council.
POPHAM, HAIK,SCHNODRICH 6 KAUFMAN, LTD.
3300 PIPER JR[rRM TOWER
MINNE•POLIS. MINNESOTA 6540E
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Me. Jeanne Mabasth
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Dear Jeanne:
Enclosed and listed
below are variances which cannot
be
filed in the chain of
title because they are registered as
torrens properties.
Name
Resolution No.
R. H. Green
2095
R. E. Brown
2080
R. E. Brown
2189
N. M. Bracken
2153
D. J. McCurdy
2102
G. N. Long
21.04
Krutsig Custom Homes,
Inc. 1726
T a J. Hitch
2133
J. E. Mertes
2123
T. Berthiause/C. Kachensaister 2186
R. E. Demshar
2184
P. JanecRy
2205
0. Nelson
2061
R.F. Potae
2161
Kan a Renee Eggert
2173
Jim i Ruthann Lange
2169
J.T. Fleischhaker
2115
If you have any questions, please feel free to call either
as or my secretary, Joyce Pedersen at 334-2736.
Vary truly yours,
Nancy E. Husnik
Legal Assistant
EH/jlp/3328
Enclosures