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CIr.OP ORONO - VARIANCE APPLICATION,
Initial Application Pee $150.00 a J ,
($50.00 per each additional variance)
Renewal Variance Fee $75.00
(no change irom original application)
After -the -Pact Fees (Double application fee)
PROPERi7 LOCATION /� r✓��1/
Site Address
Property Identification Numbs (P.I.D.) Z�'�I 1113
i
Please check one - Property abstract or _ torrens7
Attach legal description to application if not included on
required survey.
APPLICANT ,/ / �(Phone (home)) ZZ 1V pq
came K�i.IFA N 1,1 W ` G1 h('. Phone (work: /Ip-b ��
Address
City
rDN0
-------------------------
OWNER (if different than applicant) Phone (home - 35i::i�J00C
Name pp7 7nI 'I15500..0-SE 00
,/� YOU
Address: Z r�_ A%�� City: _Ii T15-'#
v5'.712
Date Property Acquired (month/year)
I (do) ((fo not))also cwn the adjacent parcels of land.
------------- ________________________________________________________
FREEEET USE OF PROPERTY
Present Zoning District N
Prescnt Use of Property
Residential
Other (specify)
DESCRIPTION OF REQUEST Estimated Consrt'ruction Coss $ L .IAd!
Describe request in detail: t� L
------------------------------------------- —---------- -
VARIANCES REQUIRED
Lot Area Lot width _ / Hardcover
Retback Variances ( Front Hide Mar)
other
sop 3 - �sr
Describe undue hardship or practic 1 difficulty reeu jt.ne from 6ti'i t
en£orcameni of zoning regulatlgngs r I: iliiFii I': _IY_Lr l
IJ li r� i V
___________________.________- __-_______-_________
DESCRIPTION OF UNUSUAL PROPERTY COODITIOEB
Describe unusual property eondit:ons preventing compliance with Zoning
Code Requirements:
_______________________________________________________ _ _ __
REQUIRED 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 (i10) 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 elevations) if any changes
in existing glade are proposed.
6. Plat Map (obtained with property owners list).
7. As an addendum to this application, please attach a separate li<t of
ary other persons you wish notified of this apolication.
B. 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 Signat
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 nis/her
knowledge. l
Applicant's signature Date
v OWNERS SIGNATURE
The owner hereby ackowledges 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.
YS
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 be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangemen!a to have on
authorized agent attend in your place and to advise the Building 4 Zoning
Office of this change prior to the meeting.
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 -rono 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 .efusal may require
than_ 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.
d. If your requested permit or license reqires council
action to approve, some information may become public.
5. You have tertian rights under M.S. 1S.165 to review
private data on yourself.
6. Your full name, and date of birth are requires to process
thin application or permit.
/' 1 e-(/,lI
Hill is(? I ast
11]
Date �6irt oes not apply to building/general permits)
L-f1I-,1 �,
P one
understand my rights as stated above.
—$ignaturs ;
I
IN
124
♦ �A7q
3 GNP`
J. •NEON '�'�
M poiral 7 10i O"ir
419" MD
I
.wnae C� of Oe.
a10-117-a3- 3i-oo�4
%V
•()RAN DATE 05/06/88
• BATCH 009
IS 20-1I7-23 3: 0014
• PROP ADDN
OWNER NAME STATE LAND DEFT
TAXPAYER CITY OF OROM
NAME/ADOR LOCAL PAVING AREA
• 9/5/80 BY DEED 15B897
• la 90-MIT-23 31 0057
PROP AODR 02835 CASCO POINT RD
AVER NAME A A R IVERSEN
TAXPAYER ALFRED A t ROSEMARY IVERSEN
• N ME/ADOR 2835 CASCO POINT RD
WAYZATA MN SS191
• 3S 20-I17-23 32 0007
MOP ADDR 02829 CASCO POINT PO
OWNER NAME O E PETERSON A M P PETERSON
• TAXPAYER MYCE E PETERSON AND
NAME/ADOR MARY PAT PETERSON
2829 CASCO POINT ROAD
WAYZATA MN 55391
•
MOP AOOR
• Cs'."9 NONE
TAXPAYER TOTAL BATCH 009 00009
HAME/ODOR
•
•
•
•
•
•
•
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
TO 20-117-23 31 0020
028T4 CASCO POINT RD
T N MAPPER A 0 G LYM
TWO MAPPER A DEBORAH LYON
2874 CASCO POINT RD
WAYZATA MN 55391
U 20-117-23 31 006?
02668 CASCO POINT RD
MAPLES F NELSON A WIFE
CHARLES A LUCY NELSON
2868 CASCO POINT 90
WAYZATA MN 55391
38 20-117-23 32 0000
02825 CASCO POINT 9D
DAVID J YCRKS A WIFE
DAVID J YORKS
2525 CASCO POINT ROAD
MATZ' A MN 55391
REPORT NO. PI435401
PAGE 25
IS 20-13I-2S 31 0056
02871 CASCO PRINT PC
J PAR WOLFE
J PATRICK WOLFE
2871 CASCO POINT RD
WAYZATA MR 55391
38 20-112-23 32 0006
0282N CASCO POINT RO
MIRIM I JOINSON
MIRIAM I JOHNSON
2824 CASCO POINT RD
WAYZATA PN 55391
38 20-117-23 32 0009
02021 6ASCO POINT 90
RED 41M A M M DEM5HAR
RONALD A MARSMET DEMSH-R
2821 CANO POINT RD
WAYZATA W 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN 1CCUPATE AND TRUE
REPRESENTATION OF IRROPMATIAN AS IT APPEMS TMIS DATE ON THE RECORDS
OF THE HENEPIN COUNTY OEPMYMENT OF ME7TY TAXATION. TO THE BEST
OF MY ANONLEOGE AND BELIEF.
'ri
DATE BY
CERTIFICATE OF NAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) as.
I
CITY OF ORONO )
I, Jamie Bosnia, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of t1291, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 7th day of June, 1988.
Jam a Boama
CITr OF ORONO
NOTICE
The Planning Commission will holl Public Hearings in the Council Chambers
at 1275 South Brown Road on Monday, June 20, 1386 at 7:00 P.M. on the
matter of reviewing the following land use applications 41289 for a
proposed 3 lot residential subdivision of property located at 115 old
Crystal Bay Road.
1. 91290 James A. Lorence of 4460 North Shore Drive seeks hardcover
and setback variances and a conditional use permit for landscape
improvements and construction of lakeside deck.
2. 91291 Alfred Iverson of 2835 Casco Point Road seeks a hardcover
variance to construct of garage addition.
3. 61292 Suburban Hennepin Regional Park District at 2865 North
Shore Drive has filed a renewal conditional use permit for an
improvement plan previously approved by the City that would allow
ccnstruction of a new park building and certain landscape
improvements.
4. 41293 Grace Baptist Church at 2380 Shadywood Road have filed a
conditional use permit for expansion of the parking lot area.
5. 61295 John McDowell representing the property located at 165
Turnham Road, seeks a lot area variance to construct a new residence
on a lot that does not meet the five acre area standard for the zoning
district.
6. 91296 Merritt .:. Peterson and Rick Stodola seek an area variance
to determine the ouildability of the property located at 1895
Shadywood Road.
7. 61297 Washington Scientific at 2605 west Wayzata Boulvard has
filed a commercial site plan application for the public review of
a major addition to the north west side of the existing structure.
B. #1296 Richard J. Johnson of 1304 Elmwood Avenue has filed a
vacation application fLr the remaining dedicated portions of Forest
Boulvard as dedicated in the plat of Saga Hill Revised, Hennepin
County, Minnesota. This unimproved dedicated roadway can be found
along the south east shoreline of Forest Lake within the City of
Orono.
9. 01299 Nancy Higgins of 3017 North Shore Drive seeks a conditional
use permit for an existing summer guest cabin and caretakers residence
so that the existing principal residence can be razed and a new
residence constructed on the property.
All persons wishing to be heard will appear at -his time. written comments
are solicited. Plans are available for review in the City offices.
City of Orono
Ry: Planning Commission
Jam ne A. Ma ust
Building 6 Zoning Administrator
To be published the week of June 6, 1968.
D. HARDCOVER CALCULATION_ SUMMARY
A. • • B.
Lakeshore Existing
Setback Lot Area 'Iatdcover
Zone In Zone In Zone
C.
D. •
-....------------------
Existing
Final
Hardcovar
'roposed
^ercentage
Hardcover
(B/A)x100
In Zone
D
E. (,
Hardcover Allowed
Percentage Hardcover
(D/A)x100 Percentage
0-75' 72LI-28C
of
i _GQ_af
t 01
75-150' Z6aAf
r/ ,1ef
9 % �&5-,!;f
1 25
250-500' EI of
2,92,7 ef
//, n a —L%j�Qef
21,0 e _ 30 t
500-1000' () of
G of
G % G' sf
,�� 1 35 a
HARDCOVER LIMITATIONS
tcM�.q 4rtr" Aft
M % a"
ROAD
S
HARDCOVER INCLUDES,
- Structures with roofs
- Decks, even if slatted
- Sidewalks
- Driveways (paved or gravel)
- Decorative landscaping areas underlain by
plastic sheeting
- Tops of retaining walls, rock wails
- Any other surface that does not allow direct
absorption of rainfall into the 7round
RRC. 20.22, RROOI.ATIORS TOR 'LR-IA', 'LR-IA-1', 'LR-1'J',-LR-IC' AND 'LR-IC-1. 0"
PANILT LARRRRORR RRRIDRRTIAL DISTRICT. Within any 'LR-IR', LR-IA-1', 'LR-le', 'LR-1C', or
'LR-IC-1' One Family Lakeshore Residential District the following regulations Shall apply,
Subd. 1. L.. teshore Set Back Regulations. The set back from the shoreline for
lakeahore lots shall be at lust 75 feet and no building uy be located closer to the
shoreline than the average distance from the shoreline of exirinq 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 S00 feet of the shoreline there shall be no greater then 30% hard
cover. Within 500 to 1,000 feet of the shoreline there shall be no greater thin 35%
hard cover.
Bubd. 3. Tres Removal Regulations. No trees •.lthin 75 feet of the shoreline
with the diameter of six 161 inches o, more Shall be removed without first obtaining
a permit from the Council.
;'9ARMOVEM RE60IJtT m PAP NORRSM"
A. AAxncoVER ORDINANCE - ¢ 1975, the Orono City Coeecil adopted an ordinance limiting
the percentage of lot tree that can be covered with impervious surfaces (•hardcover')
such as roofs, driveways, Sidewalks, etc. on properties located within 1,000 feet of
a lake. St644as have shown that sediments, oils, and debris carried into the lake
from highly urbanized areas have a detrimental impact on the quality of water in the
lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be
cleansed by filtering through grassed or vegetated yard -reaa before entering the
lake.
B. HARDCOVER SETBACE ZONES - PERCENTAGE ALLOWED
I. 0-75't in the area within 75' of the lakeshore, No HardCOVer is allowed
(01).
II. 75-250', in the portion of the lot located between 75' and 250- from the
lake, 250 of that portion of the lot may to hardcovered.
Ill. 250-500't in the portion of the lot located between 250' and 500' feet
from the lake 300 of that portion of the lot may be hardcovered.
IV, 500-1,000'1 in the portion of the lot located between 500' and 1,000' feet
from the lake 350 of that portion of the lot may be hardcovered.
NOTE, Those regulations apply even if you have a lot that does not abut the lake but 1s
within a lakeehore zoning district.
C. HON TO OETERNINR LOT AREA WITHIN HACH SErRACE ZONE (To �u usedSas denominator in all
Mtdcovor percentage calculations)
I. 0-75' Zeno
Arse . 75' x /Average width of lot in 0-75' zone,
` measure parallel to shoreline /
75' x ft. . e.f_ (1)
(Avg width) Area of 0-75' sane
IL. 75-250' Eons
Ara . (175 br avg lot depth in zone) x(Avg width of lot in 75-250' zone`
measure parallel to shoreline /
175' x ft. s.f. (2)
(Arg width) Ara of 75-250' zone
III. 250-900' Zone
Area . (250, or avg lot depth in zone) x/Avg width of lot in 250-500' some
1 measure parallel t0 ahorollM /
250' a ft. s.f. (3)
(Arq Width) Ara of 250-500' zone
Iv. ' 1-1r000' AOa
Area . (SOO- or ag lot depth In zone) x(Avg width of lot in SOO-1000' Sees\
/
measure parallel to shoreline
500' a ft. a.f. (1)
(Avg width) Area of 500-1,000, zone
4J
HARDCOVER CALCULATION WORKSHEET
Setback
Zone: (circle one) 0-75'
73-iS0' 750-500' 500-1000'
existing
Hardcover in lone
Mf,3
A. Hno.. x
s.f.
length width
r rt R —_
�:� S.F.
R
S.F.
(� 4R
e J.
�Nlil.UfrG�! IN
/NL)Jt.
E.10ereg.
e.[.
e. Driveway A
. '59 �,O. / ..(.
A
e.f
�
0. tirlewak x
248,E
a.l.
x
S.F.
e. Patio/ x
Deck
x
S.F.
f. Lands. pe
are..
k
underlain x
by plastic
sheeting x
a.f.
R
f@M1K lEX4'I
S.F.
R
S.F.
x
S.F.
rl`
' J
TOTAL LEISTING NARDC(1vrp IN
t,RE . f a.f. 11)
Existing Hardcover t . Total Existing Herdeaver A 100
Lot Area Within Zone
100 _t
1�3i9,4.f.
Additional Hardcover to be added in Acres
Fee. Length x Width TOTAL s.f.
�)� x %lo,S ..r.
Al1U x 555, 6..r.
;�ENIi x Zf159A.f.
( j TOTAL B.F. TO BE ADDED ll(Z)
Existing Rardcover to be Removed, if Any, e
It" Length x Width TOTAL S.F.
v
&k x (ne.f.
7 S.F.
r� x
• S.F.
TOTAL B.F. TO BE REMOVED Z , (3)
FinalHardcover lropoeal:
[Line ((/1,/) +Line O) -Line (7)) �jq� W
Existing To be Added To be PNwoved Final
Prnpoxed H.rdemor a
Line (e) x 100 �L�f+<�Gda.E.e x 100
Line (1) 20319,S..f. - s'V
kk
HARDCOVER CALCULATION WC
„EET
Setback
?one: (chase one) 0-75'
75-350' ]SO-S00' 500-1000'
Existing
Hardcover in tone
e.
Ilo une _ __ •
a.[.
length width
_ __
x
_
e.f.
x
s.f.
b.
Garage x
a.f.
C.
Driveway _ x
.�
e.L.
d.
Sidewalk
e.f.
s.f.
e.
ratio/
Sera
f.
Landscape __ •
s.f.
areas
____
undarlafn
by plastic
Messing x
a.[,
R
x
rrW115 (� --
•.f.
'
t.
other x
TOTAL BAISTIFO MARBCOVER in son - 240. 7
e,f, (l)
P
Existing Hardcover a • Total Existing Hardcover • 100
Lot Area Within Zone
x 100 - 41r" e
Additional Hardcover to be added in sonar
Irtt"�A/ Length a Width TOOJT,A�L� J.
F.�
r-� x 1
//--
�) TOTAL S.P. TO BE Annta /V )a�
Ekistinq Hardcover to he Raeoved, If enyi
ItM Iwngth x Width TOTAL s. qa
,.. 1
Is
r `(
TOTAL E.P. TO B6 REWOVBp •ll' fLJ=)'_•'a•�Wy
Final Hardcover Proposal,
)Line (l) a Line (T) -Line (3)1 w
1 -�`9 To be lAdded —lI4L. 1 � ITTr"iB.E. 111
w lstlnq To W Added To be Reanved Final
Proposed Hardcover a -
kin* a x I00 . .•.f. x 300 .B
Line (I) 94J a.r.
ej
_ 3
ap+,tP�LfA R
►�/�PL�cvc r N •-�
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I Gk�c•' iG
rtA
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NAME
PERSON MAKING REQUEST
LEGAL DESCRIPTION
V4-//7-
0�nN°
REQUEST FOR PROPERTY OWNERS LIST
c (ADDRESS
TELEPHONE S� l' i F oode
LIST SIZE J O DATE ORDERED
�s ` S
SPECIAL INSTRUCTIONS . j /,
c
By L
Charge `
Date r)
File No.
Signed
DATE REQUIRED I/ S 4�
4
PROPERTY OWNERS LIST REQUEST
DATE '-)I1)jus
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TO: Planning Commission Chairman Kelley
Planning Commission Members
Citv Administrator Bernhardson
FROM: Jeanne Mabusth, Building S Zoning Administrator
DATE: June 15, 1988
SOBJ: 01291 Alfred Iverson, 2835 Casco Point Road -
Variance - Public Hearing
Soning District - LR-1C
Total Area - 36,491 s.f. or .83 acres
Required 21,780 s.f. or .50 acres
Pertinent Sections of the Cole -
10.22, Subd. 2 - Lakeshore Hardcover Regulations - Applicant
seeka a hardcover variance for an increase of 321 s.f. or
1.11 increase in hardcover within the 75-250' setback area.
Hardcover Pacts
0-75' Setback area = 7,214.5 s.f.
Allowed - 0
Existing - 0
Proposed - 0
75-250' Setback area = 28,319.5 s.f.
Allowed - 7,079.7 s.f. or 25%
Existing - 10,864.1 s.f. or 38.4%
Proposed - 11,185.5 s.f. or 39.5%
Harcover increase - 321 s.f. or 1.1%
250-500' Setback area - 894.1 s.f.
Allowed - 268 s.f. or 30%
Existing - 202.7 s.f. or 22.6%
Proposed = 194.6 s.f. or 21.8%
Hardcover decrease = 8.1 s.f. or .8%
List of Exhibits -
A - Application
B - Plat Map
C - Property Owners list
D - Hardcover Pact Sheet
E - Hardcover Pacts 75-250' Setback Area
P - Hardcover Pacts 250-500' Setback Area
G - Survey
H - Staff Sketch - Proposed Improvements
I - Elevations
J - First Floor Plan -Addition
9 - Second Floor Plan -Addition
Zoning File 41291
June 15, 1988
Page 2 of 3
Review of the Application - The applicant proposes a two-story
addition at the northeast corner of the existing structure. An
existing porch, walkway and portions of the bituminous drive will
be replaced with a two-story addition and a single level two -car
garage. The first floor addition will consist of a family room,
mud room, and laundry room. The second floor addition consists
of a master bedroom suite with a deck area extending over the
existing grade level, lakeside deck. Review Exhibit I,
specifically, the lakeshore elevation the- depicts a system of
layered decks. The proposed site plan shows no other extension of
decks to the lakeward side. The floor plans show the second
story deck extending out from the master bedroom suite 4 feet
into the lakeshore yard (total deck 4'x 20'). Any other proposed
lakeside decking must be shown on the survey and would be
considered as additional hardcover.
The majority of the new hardcover is placed at the break in the
drainage line which flows to the north towards the tennis court.
Review Exhibit H. The applicant's improvements would result in
an increase of 321.4 s.f. or 1.1% hardcover within the 75-250'
setback area and a decrease of 8.1 s.f. or .8% in the 250-500'
setback area. The applicant should be able to maintain hardcover
at 38.4% by trimming back on the proposed bitumious surfacing and
defining pathways to the two front d,or areas - review the front
elevation Exhibit I. In reviewing the staff sketch, Exhibit H,
there is a continuation of hardcover from the finished bituminous
driveway all along the front of the new addition.
The proposed addition does not encroach the average lakeshor-
setback line of the homes on the adjacent properties. The second
story deck will not extend beyond the front floor level deck
measured at 4'x 201. Based on the given elevations in the
proposed design layout there appears to be no extensive plar to
excavate the property or bring in fill to the site. The proposed
addition will be located 12' from the existing tennis court
satisfying the required separation of 10' for structures. The
applicant proposes no change in the existing curb cut at Casco
Point Road.
Staff Recommendation - To recommend approval of the hardcover
variance application of Alfred and Rosemary Iverson for the
residence located at 2835 Casco Point Read based an the following
findings:
1. The additional hardcover created by the proposed
improvements are predominantly located in the area of the
proper-y that drains away from the lake and runs to the
street yard.
2. The proposed improvements do not encroach the average
lakeshore setback line.
Zoning Pile #1291
June 15, 1968
Page 3 of 3
3. Hardcover within the 250-500' setback area has been
decreased slightly by .8% or 8.1 s.f.
<. There are no additional adjacent lands available to
acquire by the applicant.
This approval will be subject to the following conditions:
1. Hardcover within the 75-250' setback area shall be
limited to 38.41 or _7_b.
2. The only deck expansion approved with this application it
the second story deck above the existing grade level,
lakeshore deck measuring at 1'x 20' that would extend to the
lakeshore from the master bedroom suite and placed over the
existing grade level deck.
Additional Comments and Planning Commission Recommendation -
7/8/88
Additional Exhibits -
L - Amended survey - 321 a.f. of additionalhardcover to be
removed.
Planning Commission advised the applicant that in no way could
they consider approving increases in hardcover within the 75-250'
setback area as the existing hardcover was already at 38.4%. If
applicant was going to receive approval for the proposed addition
then they had to maintain hardcc•rer at the existing 38.11k.
Applicant's architect has s•.ibmitted an amended survey showing the
321 s.f. of additional hardcover scheduled for removal. Please
review Exhibit L.
The enclosed resolution has been drafted per the findings cited
in the staff recommendation above and per the conditions of tha
Planning Commission approval.
�..r ew CN. u.
mwa C..e. Veins Need
wy..t., Mi 55391
ATTENTION: Village of Orono Planning Commission
REGARDING: Hardcover Variance
LOCATION: Alfred Iversen Property
2835 Casco Point Road
We are deeply concerned that the proposed changes
to the Iversen property will deteriorate the value
of our property by blocking our view of Lake
Minnetonka.
Our home is located across the street from the
Iversen property. We built it so that there would
be a good view of the lake and we fee' this view
adds to the value of the property. By adding to
the Northeast end of their property and
constructing a garage where the plans indicate it
will be constructed, ou.r view will be blocked.
I have reviewed the is on record with the
Village of Orono.
We feel this varianc:e should not be granted unless
it can be demonstrated to us that our view of the
lake will r.t be reduced.
cnARLza Y. mr ON
MINUTES OF THE PLANNING COMMISSION MEETING SETA .TUNE 20, 1989
#1260 VEINS CONTINUED
Kelley felt that the easement issue was for the
property owners attorney's to work out and that the
Planning Commission must deal with the facts as
presented. He noted that the applicants proposal to
reduce the hardcover will benefit the adjacent property
owners.
It was move) by Cohen, seconded by Johnson, to recommend
approval of the revised plan and hardcover variances per
staff recommendation, subject to no additional hardcover
being al lowed on the property. Motion, Ayes 6, Nays 1.
Bellows voted nay finding there is a real difference
between hardcover and structural hardcover, and felt the
plan was far too ambitious for this property. Motion
carried.
Ms. Weihe proposed to have a meeting with staff, Mr.
Franklin, and their attorneys to resolve :he easement
issue.
01290 JANNS A. LOEENCE
6660 NOR" SNORE DRIVE
VARIAWWCONDITIONRL USE PERMIT
FOEWC OAARINB 7t45-7t46
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth stated that the applicant has requested that
this application be tabled at this time and the
applicant may formally withdraw the application.
There were no comments from the public regarding this
matter.
It was moved by Johnson, seconded by Kelley, to table
Application 11290. Motion, Ayes 1, Nays 0.
0121 " IVERSON
CANCO FOIST ROAD
�AIIANCN
PUBLIC OARING 7t47-7t55
The Affidavit of Publication and .certificate cf Mailing
were noted.
Mrs. Alfred Iverson was present fr this matter.
Mabusth explained the request - a 1.10 (321 s.f.)
hardcover variance in the 75 setback area to
cdnstruct a two-story additi to the existing
structure.
3
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988
91291 IVERSON CONTINUED
Kelley felt that the hardcover should rema-n at 38.4%
existing hardcover.
Hanson and Cohen agreed with Kelley findirg there could
even be an additi_nal reduction in net hardcover.
Hanson suggested the elimination of the tennis court.
Mrs. Iverson stated they plan to use the tennis court
after it is resurfaced.
Bellows questioned the practicality of building a 4'x
20' deck.
Mrs. Iverson stated the deck is intended as a sitting
area only, not for entertaining.
It was moved by Hanson, seconded by Johnson, to
recommend approval subject to reducing existing
hardcover 1.1% so there is no net hardcover increase in
the 75-250' setback area. Motion, Ayes 7, Nays 0.
11293 GRACE EAPTIST CHURCH
29604MRD9MOOD ROAD
COWITIONAL U$E PERMIT
PORLIC 11111RIRG
The Affidavit of Publication and Certificate of Meiling
were noted.
There were no comments from the public regarding this
matter.
It was moved by Kelley, seconded by Cohen, to table
Application 41293 per staff recommendation. Motion, Ayes
7, Nays 0.
#1295 JOO M000" ,L
103 9DlHIaM ROW
TAWAMCE
PDMLIC MEMING 7 s 59-E s lD
The Affidavit of Publication ::,d Certificate of Mailing
were noted.
Mabusth explained the reques' for a lot area variance
in a 5 acre zone for a lot co:-. fisting of 4.32 acres (of
which .03 acres Is wetland ••ea). On -site .;eptic
testing confirms adequate ea for on -site sewage
treatment systems for princip,1 ..nd alternate drainfield
sites. Access to this a' is the major issue
surrounding the buildability c the site. Applicant is
working with property owner. -o obtain access from
Turnham Road.
4
ZONING PILE NO. 1291
CIS! OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 6/21/88
---------------------------------------------------------------------------
TO% Mr. i Mrs. Alfred Iverson COPIES TO: Randahl Construction Inc.
2835 Casco Point Road 4809 Idaho Avenue North
Wayzata, MN 55391 Crystal, MN 55428
--------------------------------------------------------------------------
TTPN OF APPLICATION: Variance
------------------------------------_------_------_--------------------___-
DAT'N OF MNNSING: 6-20-88 VOTEs 7 For 0 Against
Planning Commission reccam:ends the followings
Approval subject to conditions noted below
DOM AND SPNCIAL CONDITIONS:
1. Prior to scheduling the application before the Council staff must
be in receipt of an amended site plan that reflects a reduction of
321.4 s.f, or 1.11 of existing hardcover within the 75-250' setback
area. Deadline for the July 11, 1988 meeting is July 1, 1988.
2. The only deck expansion approved with this application is a
second story deck above the existing grade level, lakeshore deck
measuring 41x20' and extending to the lakeshore from the master
bedroom suite.
Applicant's next scheduled meeting is dependent upon receipt of
additional information. Deadline for the July 11, 1986 meeting is July 1,
1989 or July 15, 198 for the July 25, 1988 meeting.
If you desire certified copies of the official Plannin7 Commission
minutes, they are available from the City Recorder after review and
approval by the Planning Commission.
MINUTES OF THE REGULAR ORONO COUNCIL NESTING HELD JULY 11, 1988
#1283 GARY RSCHRR
3556 LIVINGSTON AVENUE
VARIANCE
RESOLUTION #2466*
It wts moved by Councilmember Callahan, seconded by Councilmember
k rerson to adopt Resolution 02466 approving an after -the -fact
variance to Municipal Zoning Code. Motion, Ayes-4, Nays-0.
71291 ALFRED IVERSON
2835 OASCO POINT ROAD
VARIANCE
RESOLUTION #2167'-
A e request of the applicant, this matter was tabled to the
Council meeting of July 25th. It was moved by Mayor Grabek,
seconded by Councilmember Peterson, to table to the July 25th
meeting. Motion, Ayes-4, Nay,-O.
11296 NERRIT J. PETSNSON/RICS STODOLA
1995 SRADYNOOD ROAD
RESOLUTION
Mr. Peterson and Mr. Stodola were present and were represented by
their attorney, Mr. Al Michele.
City Administrator Bernhardson explained that these indivieLals
purchased a piece of property from a Mr. Gustafson, known. as
Tracts F & G, and constructed a dock on that property. The
application involves an after -the -fact variance request to see if
they would be allowed to maintain such a dock. ordinances are
such that the dock is an accessory structure and they have no
principal structure on the property. Additionally, during the
review it was determined that Mr. Tillotsen had also constructed a
dock that in not on his property, but on this of property. A
related issue to this is whether this of property, in and of
itself is a buildable lot so they could actually have a principal
structure. Another issue that has been raised, but may need to be
reviewed by the City Attorney, is the fact that private docks are
defined as an accessory usage and to the extent that that would
require a possible variance, it would be a use variance and not
permitted under State law. City Attorney Barrett commented that
he felt there were two arguments to be made. It seemed to him
that there in a statute which prevents the City from giving a
variance for uses and that this request would fall in that
category. This was just his preliminary conclusion and he will be
further discussing this with City Administrator Bernhardson and
Zoning Administrator Mabusth. If it is concluded that this would
require a Use Variance, he is not certain whether the ordinance
would allow the City to grant such a variance.
The Applicants and their Attorney, Mr. Michals, requested the
opportunity to present their case. Mr. Michaels began by
commanding the staff for their outstanding report. He stated that
in his original discussion with Zoning Administrator Mabusth he
Tot Planning Commission Chairman xe)ley /
Orono Planning Commission Members
City Administrator Bernhardson
Prose Jeanne A. Mabusth, Building 6 Zoning Administrator
Dates July 15, 1988
Subjects 01291 Alfred Iverson, 2835 Casco Point Road -
Referred Back to the Planning Commission by Staff
List of Exhibits
Exhibit 1 - Nelson Letter 6/15/88
Exhibit 2 - Total Hardcover to be Removed with Revised Improvement
Plan
Exhibit 3 - Original Front/Street Elevation
Exhibit 1 - Revised Street Elevation
Exhibit 5 - Lakeside Elevation
Exhibit 6 - Side Elevation (Garage)
Exhibit 7 - Side Elevation
Exhibit 8 - Gaffron Sketoh and Fact Sheet for Determination of Final
Grade Elevation as Relates to Lower Floor - Used to
Determine where Total Height of the Structure is to be
Measured from.
Exhibit 9 - Cross Section
In preparing for the Council meeting of July llth, the reviewing staff
noted the possible need for a height variance (review Exhibit 3). The
second story addition would appear to be a loft area that would have
required the total height of the structure to be included in the height
measurement. Early calculations revealed a possible need for a height
varitnce. In addition, the second story deck was found to encroach into
the yard area approximately 17' where originally staff had advised that the
deck was completely located over the existing grade level deck. Once
again, the hardcover calculations would have to be rechecked to include the
,second story deck as it became an encroachment by exceeding a 1-1/2, width
at 41. Staff includes overhangs that exceed a 1-1/2' width with all
hardcover calculations. Staff immediately advised the applicant of the
need tc pull the variance request off the Council agenda until staff was
able to obtain additional information from the applicant's consultants.
At the meeting, the consultant or building representative submitted revised
plans (review Exhibits ♦, 5, 6, and 7). (The contractor stated that these
plans had been submitted to the City. Staff has checked with the clerical
person who receives all submissions of new materials and the clerk advised
that the only second submittals from Randall Construction were the amended
exhibits prepared for the additional hardcover removal prepared for the
Council meeting for July llth.) Review Exhibits 1 and 9, the street
elevation and the cross section of the three floors. Staff was able to
confirm there was no loft and that the window -like looking features were to
reality, stucco sections/ornamental at the top of the roof.
Zoning File 61291
July 15, 1988
Page 2 of 3
Review exhibit 8, Gaffron has prepared a sketch and table showing the
calculations to determine the exposure of the lower elevation. If more
than 50% of the lower floor was exposed, the measurement of the height of
the structure would have to be at the lakeside. If this was the case, the
applicant would require a height variance, specifically a 2' variance -
total height 32'. Review Exhibit 5, Gaffron's calculations confirm the
lower level exposure at 43.1% and would require the measurement taken -,ow
from the street level entrance showing a total measurement of 26'6',
requiring no height variance.
Please review Exhibit 1, the question of the need for a height variance
became even more important to staff in light of the neighbor who expressed
concern about the view issue. In the original discussions with the
neighbor, staff never noted the need for a height variance.
Throughout the review, staff noted at the meeting and also in memo form to
both Planning Commission and (�uncil that the master bedroom deck was to be
extended over the existing g.,de level deck. This proved also to be an
incorrect fact as only a small portion of the upper level deck extends over
the grade level deck. 17' of the 20' deck extends over the natural ground
cover. Both applicant and „applicant's contractor never attempted to
correct staff in that assumption nor was there any attempt to correct staff
in the final memo to the Council. In the original set of plans, it
appeared to staff that the second story bedroom addition was to be built
over the new garage addition. This was incorrect. This is why staff kept
noting that only the master bedroom suite upper deck was approved in this
application. The lakeside elevations showed a system of layered decks that
were not accounted for.
As the upper level deck with the 4' width was to be included in hardcover,
staff rechecked the 75-250' hardcover calculations against the applicants.
They ■re as follower
75-250' setback area - 28,319.5 s.f.
Relating hardcover per applicant's application - 10,864.1 s.f. or 38.4%
faisting hardcover per staff's review a 10,973 s.f. or 38.7%
Hones/Porch a 11905 s.f.
Deck 737 s.f.
Tennis Court - 4,786 e.f.
(total court 5,036 s.f. minus 250 s.f. for portions of court in the
250-500' setback area and in road right-of-way)
Walks/Steps - 268 s.f.
Bituminous Drive - 3,277 s.f.
(total drive 3,530 s.f. minus 253 s.f. located within 250-500 setback
area and road right-of-way)
Staff recommends holding to the 38.4% hardcover total presented by
applicant.
Zoning File #1291
July 15, 1988
Page 3 of 3
Proposed hardcover per applicant's amended Flan = 10,864 s.f. or 38.4%
Proposed hardcover per staff's review - 10,847 s.f. or 38.3%
House 3,IA5 s.f.
Deck 805 s.f.
Tennis Court - 4,786 s.f.
Walks/Steps - 192 a.f.
Bitunimous Drive 1,919 s.f.
Staff confirms hardcover calculations of applicant which appear to include
the upper deck that extends over ground area at 4' x 17' in area.
The applicant's contractor also . 'vised that they were confused with the
Planning Commission recommendation and had assumed that they received
approval for the 39.5% final hardcover calculation and were even more
confused when staff submitted the notice asking for the revised 9irvery
showing the reduction of 321 s.f. of hardcover. Please review Ext lbit 2
that reflects both the original hardcover schedule for removal and the 321
s.f. prepared by the applicant's consultant for the July llth meeting of
the Council.
Staff Recommendation
To reaffirm the original approval of the Planning Commission that would
hold the improvement of this property to the existing hardcover within the
75-250' setback area at 38.4% Such removals to be completed prior to the
final inspections by the building inspector for the addition to the
existing residence.
ADDITIORM COMAS AND RRC0MMENDATIOR
July 21, 1988
Planning Commission Recommendation -
Planning Commission reaffirmed their original approval of the Iverson
application that would hold the improvements to the property at the
existing hardcover level within the 75-250' setback area at 38.41. The
original resolution presented for Council action at your last meeting has
been amended to reflect the new findings. In addition, we have added a
specific condition that would require hardcover removals to be completed
prior to final inspection of structural improvements by the City Building
Inspector.
MINUTES OF THE PLANNING CO?%ISSION MEETING HELD JULY 18, 198E
i1207 GENE 7 CATHERINE SCANLON-CONTINUED
Scanlon, per staff recommendation. Motion, Ayes-5, Nays-1, Motion passed.
i1286 GARY RODERICK CONSTRUCTION
1749 NORTH FARM ROAD
VARIANCE
SECOND REVIEW
Applicant was present for this matter.
This is a continuation of a Public Hearing. The request is to build a
6' high fence on the property along County Road 6. The proposed location of
the fence is considered to be a front or sidestreet yard. There are some
existing, but immature, trees and shrubs in this proposed fence location.
Applicant's concerns are :.hat children could run out onto County Road 6.
Noise from County Road 6 is also a problem, as well as headlights from
traffic travelling west on County Road 6. Adjacent property owners are
concerned that a 6' fence does not fit into Orono's landscaping scheme of
openness and natural fencing using vegetation. Applicant stated that in
his opinion the fence would not create any sighting interference.
Applicant went on to say that the property in question contains a now
vacant residence, but he hopes to srll it in the near future. Prospective
buyers have inquired about a fence and the Applicant is merely pursuing
this matter to see whether fencing is a realistic idea. Applicant pointed
out that the present fencing ordinance would allow him to put a fence on
the south side of the property with no need for a variance whatsoever. He
feels this is backward. Ben Field, an adjacent property owner, indicated
that he is opposed to this variance. He believes the fence will detract
from the natural openess of the area. All 7 houses in that area have been
built so as to compliment the natural surroundings. "Farm at Long Lake"
developer Timothy Adams reiterated Mr. Field's convictions.
Commissioner Johnson concurred with Mr. Field and Mr. Adams regarding
approval of this variance. Cohen stated that Applicant has the right to
put up a 3-1/2 foot fence, which he thinks would alleviate any potential
safety problems. The natural vegetation that exists on the property will
grow and will provide a natural barrier. He is against a 6' fence.
Applicant made a final comment about 6' fences that already exist in Orono.
It was moved by Kelley, seconded by Cohen to recommend denial of the
variance i1286, Roderick Construction. Motion, Ayes-7, Nays-0, Motion
passed. Kelley informed Applicant of his next procedural step which would
be an appearance before the City Council.
#1201 ALfRm IV■RSON
2835 CANCO POINT ROM
\ NONNBAL BACK TO PLANNING COMMISSION
Applicants were not present. Mab .;th explained that this was e
referral back due to the possibility of the need for a height variance.
She stated that staff was able to confirm that there is no need for a
h-light variance. Mr. Kelley expressed his concern about the Iversons
MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988
i1291 ALFRED IVERSON-CONTINUED
adhering to the 38.4% hardcover. Cohen asked what happens if in the final
review, applicant is 26 off. Mabusth stated that they would be required to
remove the 24 as hardcover is limited to 38.41.
It was moved by Kel ley, and seconded by Hanson, to reaffirm #1291 to
bee held at 38.4%. Motion, Ayeb=7, Nays=O, Motion passed.
11300 ANTHONY RIDER
2290 4 2340 ABINGDON NAY
CONDITIONAL USE PERMIT
Applicant was present for this matter.
Zoning Administrator Mabusth stated that this matter pertains to the
request for a Conditional Use Permit and a variance to encroach upon a DNR-
protected, designated wetland area for the installation of a pond. The
initial plan has since been revised so that the proposed pond is now out of
the wetland area with a 20' setback separation. Most of the grading and
filling will be done to the northwest and away from the wetland area. The
change will not affect the drainfield. Ap-ropriate erosion control must be
maintoined during the entire installation of the pond. The Applicant seeks
a 20' setback to the designated wetland. If the plans could be revised to
achieve 6 more feet, then a setback variance would not be required. Kelley
questioned whether the plans would still allow for 2 acres of dry,
buildable land on both lots. Applicant stated that both Lots 9 and 10 were
over 2 acres, but he did not know the ratio of dry land to wetland.
Johnson questioned if potential excess flowage from the pond would
flow out the .atland. Mabusth stated that she had asked the Engineer and
that there is no need for overflow in Lnis area because the majority of
drainage really goes toward the southeast.
Kelley asked if seeding was a requirement immediately after grading
and if no, what about watering the seed with the lack of rain and water
conservation. Applicant stated that the project will not be completed
until September and hopes for more rain around that time.
Debbie Lewis, a neighbor across front Mr. Eiden's property, was
concerned with the water level of the pond and the stagnant water in the
pond becomming a mosquito breeding ground. Mabusth asked Applicant if he
planned any form of aeration to prohibit stagnation of the pond water. Mr.
Elden said that he had not given any thought to aeration and that the water
level would vary with the rainfall. Ms. Lewis expressed her concern also
about the possibility of algae growing as a result of the lawn chemicals.
Kelley added that in his opinion a small pond would not increase the
mosquito population to a noticeable degree, especially since half of Orono
is wetlands or lake.
It was moved by Kelley, seconded by Hanson, to approve 41300, Anthony
Eiden Conditional Use Permit for wildlife pond, subject to the condition
that the 2 lots maintain the 2 acre dry, buildable requirement and 26'
setback must be met. Motion, Ayes-7, Nayse0, Motion passed.
MINUTES OF THE REGULAR ORONO COUNC.L MEETING HELD JULY 25, 1990
1207 GEES SCANLON
2815 CASCO POINT ROAL
VARIANCE
RESOLUTION 42474
The Applicants, were present for this matter.
City Administrator Bernhardson explaineo that this is a request for
construction, including hardcover, in the 01-75'zone, resulting from the
July 23, 1987 storm. They would like to replace the deck, which was 210
sq.ft., with a deck that is 165 sq. ft. The existing shed that was also
destroyed by the storm will now be tucked under the dock. Councilmember
Goetten stated that she does not feel the resolution should include any
language pertaining to the health of the Applicant. She does not want to
set any precedent by allowing such language. Therefore, sub -paragraph E
under Finding t3 of the Resolution, shall be removed.
It was moved by Councilmember Callahan, seconded by Councilmember
Peterson, to approve the Resolution 42474 as amended. Motion, Ayes-4,
Nays-0, Motion passed.
91280 WEEDY WEIRS
1776 SALVOR PARR ROAD
VARIANCE
The Applicant was present for this matter. City Administrator
nhardson explained that this was a request for hardcover and structural
-•ek variances to construct an addition to the house, ar well as decks
mound the house. A significant portion of the existing house already
site the 0'-75' zone. The p' - al will reduce the amount of total
harden in the 01•75' •one frr tE to 30.0E and a net decrease in the
75'-250' • m 49.0E to 38.91. a is an _ncrease in the amount of
structural h dcover Applicant e: out that the deck is already there,
not proposed. They plan is t^ reduce ,:he size of the deck. Coun..ilmemt:r
Goetten quest.oned whether it was necessary to have the road improved.
Assistant Zoning Administrator Gaffron ,toted that it was not a problem at
this time.
It was moved by Councilmember Goetten, seconded by Councilmember
Petmseeav, to approve the variance for Wendy Weihe. Motion, Ayes-4, Nays-0.
91 AIJRm iVOEOm
2sas C PO'n' 2=b
VASIANCS
RRROLUTIOW •2475
Ms. Ivor and the Contractor were present for this meeting.
This is a request for hardcover variance in the 75'-250' Zone. The
Planning Comaission directed that the additional construction anu
remodeling be done without increasing the amount of hardc.ver beyond 30.4%.
Councilmember Callahan stated ti.et after visiting with Mr. Iverson, there
was confusion as to how he would like to proceed. Apparently the
calculations used for determining existing hardcover did not includo the
landscaping plastic arounO the house. It did include the asphalt pathway
MINUTES OF THE REGULAR ORONO COUNCIL MELTING HELD JULY 25, 1988
11291 ALFRED IVERSON - CONTINUED
leading to the tennis courts.
Ms. Iverson confirmed that all they required was a small backing -up
area so they would not have to back all the way down the driveway.
Callahan stated that the current plans seemed to be in accor hnce with what
the Applicant was seeking and questicned why there was so much confusion
about approving this hardcover varianca. Zoning Administrator Mabusth
stated that originally the Iversons were requesting an increase in the
hardcover and the Planning Commission decided that the Iversons could not
exceed the 38.4% coverage. Callahan asked why the issue of safety as it
pertains to the driveway was not discussed. Mabusth replied that that
issue was never raised by the Applicants or their contractor.
Councilmember Goet'en asked if removing the landscaping plastic and pathway
would equal the aardcover addition of the turn -around. Mabusth stated that
she could not answer that question since t' a square footage of the
landscaping plastic was unknown. It was determined through further
discussion that the 38.41 calculation is not accurate.
Councilmember Callahan stated that timing is a factor for the Iversons
because they would like to have the building completed in time for their
children to begin school in the fall. He would like to see some decision
made, either to hold the Iverson'e at 36.4% or give them some extra leeway
and limit them to 39%. However, there was not enough information provided
regarding the driveway to make an accurate calculation. Councilmember
Goetten stated that if a percentage was approved at least it might resolve
the situation, as opposed to tabling the matter and putting it off another
two weeks. Mabusth suggested that the contractor file his plans and start
the building permit application process.
It was moved by Mayor Grabek, seconded by Councilmember Goetten, to
table thin matter. He explained to Ms. Iverson that it was very important
for the contractor to gat the plans in and the building permit application
filled out. If he failed to do so immediately, this matter would not be on
the agenda for the August Sth Council Meeting. The Mayor went on to may
that the Ivarsons could expect that the Council will approve the variance,
but they will need to fine tune the conditions. Me. Iverson inquired
whether the contractor should measure the landscaping around the house.
Mabusth stated that the Council is going to have to have that measurement
to make their final decision. The contractor explaine. that they do not
file the building plans unti 1 the lot is staked out. They do not stake out
the lot until everything has been approved. The Mayor explained that the
Council needs to know what the contractor is planning before the variance
1s approved. They cannot run the risk of approving plans now and then
having the contractor very those plans so that the overall amount of
hardcover changes. The contractor stated that it is too costly for them to
apply for the permit without the consent of the plans. He asked why he was
not informed that there was a problem with the hardcover. Councilmember
Callahan explained that the problem arose following his discussion with Mr.
Iverson the preceding day. The contractor pointed out that the turn -around
i■ drawn on the original plans. It wee Callahan's impression that Mr.
Iverson wanted more turn -around area than what was presently being
proposed. Mabusth added •hat there is additional hardcover that does not
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988
#1291 ALTRED IVERSON - CONTINUED
show on the plane. City Administrator Bernhardson recommended that the
Council vote on the resolution at the 38.4% figure. Should that prove
unattainable, the Applicants can bring the matter back. The contractor
stated that all of the present landscaping around the house is going to be
removed. Mayor Grabek asked Mn. Iverson if she wants the Council to
approve the 38.4% and leave the plans just as they are? The plastic under
the .`lower beds will have to be removed. Mayor Grabek withdrew his
original motion, Councilmember Goetten withdrew her second. it was moved
by Mayor Grabek, seconded by Councilmember Goetten, to accept the 38.4% as
stated in the resolution, but also providing that if there is a change, the
Applicants will have the opportunity to bring the matter before Council
again. Motion, Ayes-4, Nays-0, Motion passed.
f1307 DOUGLAS MERE
3195 MATZRTOWN ROAD
RNSOLiTI�J 02476
The Applicants were not present for this matter. There were no
further questions by the Council or the public regarding this matter. It
was moved by Councilmember Goetten, seconded by Councilmember Peterson, to
approve the variance in a street yard setback as set forth in the
Resolution 42476. Motion, Ayen-4, Nays-0, Motion passed.
#1308 ROBERT ONENS
1700 DOME POINT ROAD
VARIANCE
RRSOLUTION #2477
The Applicants were present for this matter.
City Administrator Bernhardson explained that this is a request for a
hardcover variance in the 75'-250' zone. There is currently 3% hardcover
in the 01-75'zone. The variance is required to reco,,jtruct a deck that was
infested with carpenter ants.
Mayor Grabek asked the Applicants if they had any questions. There
were no question on behalf of the Applicants, however, Councilmember
Goetten questioned the flagstone wall/garden area. Applicant explaine�
t'at those structures replaced exact same structures washed away in the
storm of July 23, 1987. Zoning Administrator explained thai there should
have been a separate application for a permit for that particular
structure. 1pplicant stated that structure was included in the permit
spolication to restore the other damage caused by the storm. Councilmember
Peterson had a question concerning a potential walkway. Apparently the sod
had been removed indicating that some kind of walkway was going to be
installed. Mr. Owen explained that they did not want to replace the
flagstones because they ware waiting to see whether the deck would be
approved. Councilmember Goetten asked what Applicants were planning on
putting under the deck. There is cur-ently sand there. Applicant
responded by as' 'ng they were hopeful to plant either grass or some sort of
vegetation (hostas) under the deck.
It was ved by Mayoi Grabek, seconded by Councilmember Goetten, to
APPLICATION NO. #1291
CITY OF ORONO NOTICE OF COUNCIL ACTION
O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 07/28/88
-.-------------------------------------------------------------------------
1Us Mr. 4 Mrs. Alfred Iverson COPIES: R. Olson
2835 Casco Point Road Randahl Construction Inc.
Wayzata, MN 55391 4809 Idaho Avenue North
Crystal, MN 55428
TYPE OF APPLICATION: Variance
------------------------------
DATE OF MIMING: 07/25/88 VOTE: 4 For 0 Against
COUNCIL ACTION - NOTION:
a approve your hardcover variance application subject to the findings
and conditions of the resolution sent to you prior '.o the meeting which
held all improvements on your property whithin the 75-250' setback area at
38.4%
In response to certain questions posed to Counuilmember Callahan on
the site prior to the meeting, please be advised that the hardcover noted
by you, specifically, the landscape area with plastic and the bituminous
path to the tennis court were not included in that existing hardcover
calculations. Per the Council directives this can have no bearing on your
request for additional hardcover for a turn around, as they have agreed
that you must be held to the 38.4%. Your contractor advised that a turn
around had been provided based on the 38.4l. This was confirmed at the
meeting in reviewing the revised site plan presented by your contractor for
the most recent review of the Council. Council did not wish to delay the
construction of lour new addition realizing the uncoming fall and winter
months and advised your wife that they would approve the 38.4% limit for
hardcover and that you were to work with your contractor to determine if
this was going to be acceptable. If the 38.4% is not acceptable please
contact my office and we will arrange to reschedule you before the Council
meeting of August 8, 1988. You should be aware that several members of the
Council felt that 38.41 hardcover was excessive amount and felt that the
property should be limited to the 38.4%. If you do require additional turn
around area you may have to consider reducing hardcover through other
proposed improvments not your driveway area. You should also be aware that
your contractor hoe already stated that the hardcover from the plastic
underneath the landscaping adjacent to your home would be removed anyway
with the new construction. In addition the 38.4% approved would also
eliminate the existing path to your tennis court.
If you have no questions and are able to proceed with the original
approval resolution directives please make arrangments to sign the 3
original resolution copies at the City Offices (Monday through Friday,
E00 to 400). All persons with an interest in the property must sign the
resolutions.
Please note variance approval is limited to the extent shown or
approved plan and as noted in the approval resolution. Changes and
approved plans are subject to further review by the City. Variance
approval expires one year after date of approval. Permit application must
be submitted no later than 7-25-89.
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Tos Mayor Grabek a Orono Council Members
City Administrator Bernhardson
Proms Jeanne A. Mabusth, Building 6 Zoning Administrator
Dates Ausiust 4, 1988
Subjects 41291 Alfred Iverson, 2835 Casco Point Road -
Variance - Resolution
List of exhibits
Exhibit P. - Applicant's Addendum
Exhibit b - Original Hardcover Plan at 38.4% with Limited Turn-
around Area
Exhibit C - Applicant's Revised Plan Providing Expanded Turn -around
Area with Additional Hardcover
Exhibit D - Council Action Notice
Exhibit E - Plan Designating Additional Hardcover not Included in
Original Calculations -• Hardcover Now at 40.9%
Newland Sardoover pactm -
Original. Hardcover - 10,864.4 s.f. or 38.4%
Revised Total Hardcover - 11,609.5 a.f. or 40.9% (paving - 219.5 s.f., land
(per applicant's recent s•-: ^,'`tal) scaping area - 526 a.f.)
Per applicant's plan, additional hardcover for turn -around - 11,094 s.f. or
39.1% (230 s.f. of additional hardcover or .7%)
Staff Confirmation of hardcover per revised plan - 11,160 a.f. or 39.4%
(296 s.f. of additional hardcover or W
eaei4lw of Applicant's Current Request -
Please review Council Action Notice (Exhibit D), that advises the
appliant that staff is limited to approving only a 38.4% hardcover
allowance and thatany requests for additional hardcover would have to be
approved by the Council. Applicant was also advised that it was apparent
that the majority of Council Members opined that the 38.4% appeared to be
an excessive amount. The Planning Commission Chairman, who represented the
planning Commission at the Council meeting, also advised that it was the
majority opinion of the Planning Commission that 38.4% was a reasonable
amount to hold the improvements at.
The applicant advises in the addendum (exhibit A) that the turn -around
provided by the contractor was not adequate for their use and asks the
Council to reconsider in light of the 40.9% of actual hardcover on the
property.
If the Council wishes to change the 38.4% allowance, then direct staff
to amend the original resolution to include the revised amount.
MINUTES OF REGULAR ORORO COUNCIL MEETING AUGUST 8, 1998
♦1300 ANTSONY EIDER CONTINUED
between shared boundaries of Lots 8 and 9 of Abingdon Glen. The
pond will not encroach into the wetland and will not affect the
current drainage pattern of the existing or future drainfield
areas. The Planning Commission approved this application. Mayor
Grabek asked the applicant if he had the opportunity to review
the Planning Commission's information and conditions of approval.
Mr. Eiden had read the information and had no questions. There
were no questions on behalf of the Council.
It was moved by Councilmember Goetten, seconded by Mayor
Grabek, to approve Resolution 12481, Conditional Use Permit, per
Planning Commission recommendations. Motion, Ayes-5, Nays-0,
Motion passed.
1304 SLOOMQUIST/SUPER VALU
3333 SRDREISRE DRIVE
VARIANCE
RESOLUTION 12482
The applicant was present for this matter.
Acting City Administrator Gerhardson explained that
applicant was requesting a setback variance for a parking lot,
which would involve a 0' setback where 20' is required.
Applicant was also seeking a 3' setback variance for a pylon sign
where normally 10' is required. The Planning Commission had
previously recommended approval of this application. Mayor
Grabsk asked applica9'_ if he had reviewed the material prepared
for this meeting. Applicant stated he had reviewed the material
and had no questions.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to approve the variances requested by
applicant, subject to those conditions set forth in Resolution
;2482. Jlett n, kyesa5, Nays-0, Motion passed.
s17f1 ALPRED IVO8W 1
2835 CARGO POINT ROAD
VARIANCN
It was mnv4* by Mayor Grabek, seconded by Councilmember
tt , -table this matter until the applicant can be present
for this matter. Motion, Ayes-5, Nays-0, Motion passed.
#1280 N=1 ERIRE
1370 RawaR PARR ROAD
VRRTAECE - KNOLUTIOR #2463
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the hardcover and setback
variances subject to the conditions set forth in Resolution
#2483. Motion, Ayes-5, Nayes-0, Motion passed.
APPLICATION NO. 1291
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 8/15/88
---------------------------------------------------------------------------
TOt Mr. i Mrs. Alfred Iverson COPIES:
2835 Casco Point Road
Wayzata, MN 55391
---------------------------------------------------------------------------
TYPN OF APPLICATION: Variance
----..----------------------------------------------"-----------------------
DATN Of MEETING: 8/8/88 VOTE: 5 For 0 Against
COUNCIL ACTION - MOTION:
C,jncil voted unanimously to table your variance application review
until you could be present before the Council. Please advise if you cannot
schedule an sppearan^n before the Council at their upcoming August 22, 1988
meeting. As you requested via the phone, staff has enclosed a copy of the
staff memo prepared for the August 8th meeting of the Council.
Please contact the Buy lding a Zoning office if you have any further
questions.
: 5496324
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. zd75
e•a •
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
PILE 01291
WHEREAS, Alfred a Rosemary Iverson (hereinafter "the
applicants") are the owners of the property located at 2835 Casco Point
Road within the City of Orono (hereinafter "City') and legally described
as follows:
Refer to Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the Citv for a variance
to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the
construction of a major addition to the existing residence requiring
removal of existing hardcover improvements and the installation of now
hardcover improvements within the 75-250' setback area providing no
increase in overall hardcover but still resulting in an excess of 3,785
s.f. or 13.3% additional hardcover over the allowed 25% hardcover.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota,
FINDINGS
1. This application was reviewed as Zoning Pile #1291.
2. The property is located in the LR-1C Lakeshore Residential Zoning
District requiring 21,780 s.f. or .5 acres in area. The property
consists of 36,491 s.f. or .83 acres.
3. The Orono Planning Commission reviewed this application on June
20, 1988 and recommended approval of the proposed variance based
upon the following findings:
a. The additional hardcover created by the proposed improvements
are p!:edominantly located in the area of the property that drains
sway "rom the lake and runs to the street yard.
b. The proposed improvements do not encroach the average lake -
shore setback line.
c. Hardcover within the 250-500' setback area has been decreased
slightly by .6% or 8.1 s.f.
d. ?here are no additional adjacent lands available to be
acquired by the applicants.
Page 1 of 5
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO 5
4. The City Council has considered this application including the
findings and xecommendatior.s of the Planning Commission, reports by
City staff, comments by the applicants 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 this
property are peculiar to it and do not app,y 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 applicants, but is necessary to mlleviste a
demonstrable hardship or difficulty; is .iecessary to preserve a
substantial property right of the applicantat 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 on one or more of the above findings, the Orono City
Council hereby grants a variance to municipal Zoning Code Sect1-n 10.22,
Subdivision 2 to permit construction of a major addition to the ,.risting
residence that will maintain hardcover at 11,160 s.f. or 35 4% over the
allowed 7,080 s.f. or 251 within the 75 to 250 setback area, SL. ject to the
following conditions:
1. The only deck expansion appr,vod with this application i• a second
story deck measuring 4'x 20' that would extend to the lakeshore from
the master bedroom suite. The second story deck will add 68 s.f. of
now structural hardcover as 4'x17' extends over existing natural
groundcover.
2. Applicants must provide an updated Certificate of Survey at the
time of the filing of the application for the building permit that
designates all improvements to remain and surveyor must confirm
hardcover as follows:
75-250' Setback Arei 11,160 s.f. or .'9.4%
250-500' Setback Area - 194 s.f. or 21.81
All existing hardcover scheduled for removal, shall be removed prior
to the final inspection o: the structural improvements on the property
by the Orono Building Department.
3. Authorities granted by this variance 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 (August
22, 1999).
Page 2 cf 5
1988
City of ORONO
RESOLUTION OF THE CITY COUNCIL
OF NO. 2475
•'• •
4. violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the zoning
code, ■hall automatically terminate any authority granted herein, and
shall be punishable as a misdemeanor.
5. The undersigned 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
resolutioa in the chain of title of the property.
Adopted by the Orono City Coun JI on this 22nd day of August,
Jam s R. Gra -, Mayor
Page 3 of 5
Resolution No. 2475
EXHIBIT A
LLGAL UESCR;P1'l U!lt
Lots 114 and 115, SPRING PARR, including that part of Lake ahnre
avenue now vacated, and a tr,,Ct of land on apposite side •,f said
Avenue, all lying between the northwesterly Itne of •:a r.t Lot IIS,
extended southwesterly to the shore of Lake Minnetonka, and the
southeasterly line of said Lot 114, extended southwesterly to the
shore of Lake Minnetonka, according to the M,p of plat thereof on
file and of record at, the ofl:ce of the Registrar of Deeds it, and
for said County of Hennepin and State if Minnesota.
That part of Lot 113, SPRING PARK, desrrthed as follows: .rmenc log
at the most northerly corner of said Lot 115; thence soolneasterly
along the northeasterly line thereof d distance of 4U.:10 f••et;
thence southwesterly parallel with tlm northwesterly Irn•• !noe.•of
A8,00 foot; thence northwesterly parallel with thr• nnrl L•.easl,:: ly
line thereof 36.00 feet; thence southwesterly parall.•1 will, the
northwesterly line of said Lot 113, and with the southwesterly ex.
tension thereof, to the shore of Lake Minnetonka; thence n ,rthwest-
erly along said shore to the point of in.ersectSOn with the South.
westerly extension of the northwesterly line of said Lot 113; thence
northwesterly to the point of beginning, including Lake Shore Avenue'
vacated and except part taken for public road.
Area . 36,491 square feet
s. /7RkA'ov e.r i o I1C/Row%o 7U
+v, r•.. ,
�
RESOLUTION '2475 .�
Ur.EG to 41 _A I r N
i
oa!
EK
Peg* 4 of 5 i
9
STATE OF MINNESOTA
/, xa f.:.
COUNTY OP-N8NM8PiN
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO 2475
II
On this day of • 195�'
before me a Notary Public within and for said county, personally
appeared - known to me to be
the per eon s e cri ed in and w o executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
U1E, 1. :IESEN
YO ua1Y"LR•d�pY11
CINVR CD UMT
w`+E
STATE OF MINNESOTA I
COUNTY OF MEMNEFTN 1
.chi w.t
NOTARY Pgtf C
MY COMMISSION EXPIRES
on this day of 1981, before me
e NoUzy Pu c w t. n and for as County, persona fly appeared
.�•,� _ known to me to be the
person a escr e n E:n who executed the foregoinginstrument,
and acknowledged that he (thev) executed the same as his
(their) free act and deed.
NOTARY PU IC
SSION 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 AUDUSC 22 . 19 88 . and that the same is a true
end correct Copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
14th day of December 19 88
thy 111n, City Clark
8
0
R
C)
TRANSFER EWERED
I
"=
MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988
ZONING ADMINISTRATOR'S REPORT:
#1265 MINNETONEA ALANO
2760 PDX STREET
VARIANCE
RESOLUTION 62686
The applicant was present for this matter.
City Administrator Bernhardson explained that applicant was
requesting a Conditional Use Permit for an occupancy at 2760 Pox
Street. The old church at this location had been used by the
Minnetonka Alano Group for a number of years and they would like
to expand the present parking facility. However, their use of
the church had never been formally recognized and they were
advised by the City that it would be necessary to obtain a
conditional use permit as well as approve3 of a setback variance.
In reviewing this application, it also became apparent that the
applicant needed to replace the-xisting septic system. The City
Zoning staff recommended that a holding tank be used in place of
the present system.
There were no further comments or questions on the part of
the Council or the applicant.
It was moved b,, Councilmember Goetten, seconded by
Councilmember Callahan, to approve the conditional use
permit/variance, per staff recommendation. Motion, Ayes-5,
ya-0, Motloo passed.
Il 1 ALPRED IVRA8ON\
75 CaECO POINT ROAD)
VARIANCE
a �2187
�Ths appl ht was present for this matter.
City Administrator Bernhardson explained that the hardcover
variance requested in this matter had previously been approved at
38.4%. The approval included a provision allowing applicants to
bring the matter bach before Council if the hardcover percentage
was not acceptable. After further review, it was calcxIated that
the hardcover rewired for the turnaround was 39.4%. Applicants
are requesting at zoval for hardcover at this revised percentage.
Councilmember Goe'_ten inquired as to the reason for the
additional 11. Mrs. Iverson stated that they now have a
turnaround that is more functional. Councilmember Goetten asked
Zoning Administrator Mabusth if it was more beneficial, from a
safety standpoint, to relocate the turnaround. Mabusth stated
that there was definitely a need for the turnaround, but she had
not requested input from the City Engineer as to the specific
desig9n. Goatten asked about a final, updated survey. Mabusth
repI ad that the City will ask for the survey at the time
Iverson'■ apply for the building permit.
MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988
ZONING PILE i1291-IVERSON CONTINUED
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to amend the present Resolution l2475 to indicate 39.4%
hardcover was approved, provided that applicant offset any future
increase in hardcover by removal of the same percentage.
Approval is also contingent upon applicant providing a revised
survey to show the 18 hardcover increase. Motion, Ayes-S,
Nays-0, Motion passed.
81296 lERRITT J. PETERSCM/RICE STODOLA
1895 SSAD2NOOD ROAD
VARIANCE -DENIAL
RESOLUTION
The applicants, in addition to Mr. Ewald Gustafson and Mr.
and Mrs. Tillotson were present for this matter.
City Administrator Bernhardson explained that this matter
had been considered and conceptually denied at the July 11, 1988
Council Meeting. Thin application involved the maintenance of a
dock on a substandard lot. An issue had been raised as to
whether the granting of an accessory use variance when there was
no primary use ccnstituted a use variance. The City Attorney
researched this issue and concluded that it is not a use variance
'which the City would not be allowed to grant, however a variance
would be needed to allow dockage; be it a seawall ore,
regular dock. Subsequent to thr, lrst meeting, a letter was sent
to Mr. Gustafson, one of the .wners who sold the property to Mr.
Peterson and Mr. Stodola. fhere are --till issues which need to
be addressed, one of them being an easement granted to Mr.
Tillotson across part of the parcel. Other its=e ;i concern are
that sometime in the Fast there was a 32' x 32' corn^. cf the
property that was sol•1 to Mr. Tillotson, as well as questions
regarding instruc-io:ks to potential buyers as to the possible
riparian rights on the lot.
City Administrator Be .hardson noted that the present
Resolution for Denial only addressed the buildability of the lot.
Due to the fact that the proponents have not shown a hardship for
using the property for boat dockage, that languago would need to
be added should the Council choose to deny the accessory use.
Zoning Administrator Mabusth stated that the applicant had
conversed with Mr. :ustafnon and that they would request tabling
this matter until they had further opportunity to meet with all
concerned parties. After such meeting, the applicants would
appear again before the Council to present their proposal.
It was moved by Mayor Grabek, seconded by Councilmember
Paterson, to table this matter. Motion, Ayes-S, Nays-0, Motio;
posamd.
APPLICATION NO. 1291
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 8/29/88
---------------------------------------------------------------------------
TO: Mr. a Mrs. Alfred Iverson COPIES: Randahl Constr. Inc.
2835 Casco Point Road 4809 Idaho Ave No
Wayzata, MN 55391 Crystal, MN 55428
Attn: Randy Olson
--------------------------------_----------_-------------------------------
TYPE OF APPLICATION: Variance
---------------------------------------------------------------------------
0AT/ OF NEET'INGs VOTE: For Against
COUNCIL ACTION - MOTION:
The enclosed resolution has been amended, allowing a total of 39.4%
hardcover within the 75-250' setback. In addition, the City will requir"
that the applicants provide an updated survey confirming the 39.4%
hardcover within the 75-250' setback area and 21.8% within the 250-500'
setback area. Surveyor to confirm that all Improvements meet the allowed
hardcover percentages. Please note that this must be submitted at the time
of application for a building permit.
Please arrange to sign the 3 original resolution copies at the City
Offices (Monday through Friday, 8:00 to 4:30). All persons with an
interest in the property must sign the resolutions.
POPHAM, HAIH,SCHNOBRICH 6 KAUFMAN. LTD.
3300 PIPER JAir.A1 TOWCR
MINNEAPOLIS.
MINNESOTA 55-02
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DONALD M. LEWIS
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1612) 334-2549'[u[.
February 7, 1989
Ms. Jeanne Mabusth
CITY OF ORONO
P. 0. Box 66
Crystal Bay, MN 55323
Dear Jeanne:
Enclosed and lis d below are resolutions which have been
filed in abstract property with the Courtly Recorder and returned.
Name Resol. No. . No. Date Filed
Petersen, David a Valerie 2519 54963i5 January 12, 1989
Iverson, Alfred 6 Rosemary 2475 5496324 January 12, 1989
Lee, David E. F. a538 3496323 January 12, 1989
Jensen Homes, Inc. -157 5496322 January 12, 1989
Earl, Lauren and Joyae .-52 5496321 January 12, 1981
If you have any questions, please feel .free to call either
SIP or my secretor- Paula Van De Laarschot (334-2656).
Very truly yours,
Nancy E. Hu:::k
Legal Asir .:Iot
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