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HomeMy WebLinkAboutProject Packet1 udw ncc u_ --.fpTL.if.TL', Receipt Initials -- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Q ,( Site Address o2y��++?� i�//��IISLO X41 eow/ ) �Rxlt /y 3-Till Property Identification Number (P.I.D.),Oi-!/7-13 -71 Qo53 Please check one - Is the property _ abstract or L�'torrens7 Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT .� Phone ( home ) V71- 95✓ z 6 Name iC l�ft//pMp ��nn�/p�///+Ulm ��/P"""ho��,���ne (work)f2"�-5156 _____Ad,4� Cr5ec, f'f)i�F/ ,ea Cityt� -_ Zip:Ss ---------------------------------------- �------------------- OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City r Zips rTTY If MM � E OFFICE Date Property Acquired (stunt r I (do) (do not) also own the adjacent parcels of lend. 01 GEN 150.00 ------------------------------------------------------------ rhaT" --A---MOO PRESENT USE OF PROPERTY RECEIPT-TPM YOU #vmro Cooi Roi Iwo Present Zoning District 0&1"6117 Present Use of Property �tfLt��O rf-sivf✓ Residential �T l Other (specify) ---------------------------------------------- ------------------- DESCRIPTION OF REQUEST Estimated Construction Cost 8 in _Oet ail Lot Area Lot Width Hardcover Setback variances (_ Front Side Rear) Other OROtw &. C-f X/d. 02Y S&,Ci-d 5pirau 1 4I -----5, 4 d vf%� -- - --- ---8------------------------------- HARDSHIP Describe undue hardship or practical difficulty S*j e IPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions prevent Code Requirements: 04 elz ltina from ;__7001AZ--- compliance with Zoning ___________________________________________________________________________ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (110) pre -addressed to each of the names on the above list with no return address. 4. 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 knowledge. /� 1 Applicant's Signature -( 8 � Date 612YZR2 OWERS SIGNATURE �7 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 t(hhissrreeq�u/esst q-- ' Owner's Signature ---w4 w`/LJ[.�-.tee i�iY7J�s Date90,L,4�92 ____ems_______________________ -__ =r______ 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, 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 Building i Zoning Office of this change prior to the meeting. OS DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license regires 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. 6. Your full name, and date of birth are required to process this application or permit. (Pee kd0, G' C�x O46�4 First Middle t ems[ �ress � J .�.. Date of birth oes not apply to building/general permits) e 7/- fy.26 I understand my rights as stated above. / 3` g n tft�ele �t Adjacent / I (wel W2GJG6 PrK1operty Owners' Acknowled em nt Form L.Sof pr t names pr nt address have reviewed the plans for the proposed proposseeCi d improvement or proposed use of the property located at o289� ( A=P.,I:also referred to as Land Use Application No. we) nderstand that in executing this acknowledgement, I we am are not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I we am (are aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date 82 Date a 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 6 Zoning office at least 10 days prior to the scheduled meeting date. E/SP.rs �vr�lcase o f '7 .� / 1perfy Cl dPu ex odl a.,�2ovf A�d(j`afc�e roperty Owners' Acknowledgement Form fjill��i I ' J AI.191 w M of [print names print address have reviewed the plans for the proposeY d ,iimprovement or proposed use of the property located at gR5 CWc E. Lr4- also referred to as Land Use Application No. ,I it*) understand that in executing this acknowledgen.ent, I (4W am (, not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I 10VI am kfl(e) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Pro a ty owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building a Zoning office at least 10 days prior to the scheduled meeting date. w. RIN DATE 0012L0T HENEPIM CHARY PPOPFPTY THYMM-TlY SA91EM w MOPLRTY COERS LIST BATCH 004 m 20-112-23 31 Ooze SIT 20-112-21 31 0023 A MOP ADOR 02020 CASCO MINT RD UCER MANE N C GONTEA ETAL N C COMYEA ETAL TA%PATER WILLIA.M C CORNEA M C VON'EA NANVIODR 2529 CASCO MINT RD 2079 CASCO MINT M A WAYZATA TN 55191 WAYZATA MI 55591 A 35 20-117-13 31 002E " 20-111-23 31 0029 MOP ADM 02910 CASCO MINT PO 0291z CASCO MOM RD MIEN MAHE MILLIP A BETTY III[CNI M 0 BARRETT A D M BARRETT TAXPAVER MILLIP J NICELN MICTOLL D PARREIT NAHE/ADOR 2910 CASCO PT RD 2912 CASCO MINT RD WAYZATA MY 55391 WAYZATA IN 55391 n N 20-1CA" 31 0051 EO-u1-O II DOSS PROP YOUR 02915 CASCO MINT RD o 0AMES CASCO Po11N PO RAN INNER IR R C RM ! C L AA JAIES A[NIESN DO'Jf R9 /1 tMPAYER A C NAIL A CAROL RAIL JAMES X TLVIE/A11DR UPON U9C0 MINT ROAD 2915 CA COIMI 2905 MINT RO OPQO 1N 55591 TASCO WAYZATA MI 55391 n 30 20-117-25 31 0094 M 20-117-23 31 OoSs MOP AMR 02679 CA-0 routs FU 0-917 CASCO MINT M MOP TIAOE 'J—I!lPOT! N H MAXNELL JB ETAL TAXPAYER _c MIRNI�N ,eAgey �iX� WAYNE "MILL JR HAN[/AMR 2029 CASCO POIN 291E CASCO P011lt M WAYZATA MT 55391 WAYZATA iN 55191 n A MOP ARDR MIER 11'.IIE TAXPAYER TOTAL PATCH 006 00012 NAME/ADO" to REMRT MY. PI915901 PAGE 10 SO 20-112-23 31 OV6 02900 CASCO MINT PO 0 SIrAR003 ETAL DON3Lo SIGAI003 2900 CASCO PT RD WAYZATA TN S5391 IB 20-112-23 31 OOMI 02925 CASCO MINT M B P 813401, E M S BI^MIP Bt RePPO P ! MARLENE 5 BISHOP Y 2929 CASCO PT RD y �. WAYZATA MI 55391 1 1 I0 20-112-23 31 0051 r (IM" CASCO POINT M RICHARD C MELSTPdI ETAL RTCHMO 6 HELSTRM Z695 CASCO MINT RD - 5 BRUCE 101 55391 30 20-119-23 IN 005A 02021 CA^CO MINT M J P OR WIFE J PATRICK ODLFE PI . Mil CASCO MINT M WAYZATA IN 55591 r .Carry ..wd �',Ef�r 64Srw q.-e O V V.O 6o flier 02 a 4r f 6l?o1B7. NEHMI-IN CORITY NOPTRfY II If PODAIIOI SISTEM 140PtR1Y CQITPS USE PEISIPT No. P1015901 PAGE 11 I CERTIFY MAT MC FACTS PEFPFSEMED APE AN ACCOPATE AM TRUE REPRLSf4TATION OF Ilff"UTIC4 AS 11 APPEAPS THIS DATE CM ME RECORDS OF THE HFAIMPIN CIMITY DEPAPfMENT OF "ROFERTY TAXATION. TO ME BEST OF MY FNpNLEDGE AIU BELIEF. DATES i /i T« a ,u,, M.qr w IN CYIt. CMOM.n IIllsW berm IbNTMpN./.lulyide Bar aa en11y rrV11Y W IM lebwrq IIM uM .p[1f..1!Tf I Iles 9NrniM ]IMS CeKOVml eeea ....prom rra rror..rra.wco-am,.I Affidavit of Publication . a1L1aG er.e. yla.r •mm� lIy ONvwe r•w rra r« t ttM rarinim Oaeu• VMM Ie.O Stele OI Mlnne.sO1J. County OI Hennepin Wu.0 2. Nrt4r..r ° 11°T r'O1•e '"4 ''"" °sn"" Bill Holm, being duly sworn, on oath says that he is `aI]orc vo-m e«. wraNe aorr re.ar.�Ie.c..rr<r le cerlKl an authorized a0en1 and employee of the publisher /Ns of the newspaper known as THE LAKER. Mound Mm ee IL[NC G WYI•an La[a '°sRfifwT .w. NOce•.r ra ...rO • nasoi and has lull knowledge of the lads which are IrNV. MOC. wW1[« le WMrNCI a Y �me eron ara re.a.r m `i slated below ° Ilrx (llrMn. ail YlOOw'.. wu Naro..•.r wrv. rlx. air. rar I. ceNNuaea wino rr o re ro A I The newspaper has compiled with all the require ments constituting qualifications as a qualified e In owa re T,.«crar. ItJowe .a nn•. d+. Y.Y.•�Mi .re...s.c..rnewspaper, as provided by Minnesota Statute o cramcl. a.l.cn.a yr.p a.Nm« 331A02, 331A.07. and other applicable laws. as 1)ew a.ue,b w rre w. r .I1M IE ILCr F.a'.s0n 3011YI amended. IFJr' n...M- p•u['.r.MMc.annvMe•.WLlbl 710 f�p s e wl.e mnN,. tree c.r..ae B.1 The pnntetl //�� ✓�//�t�t ,Utz enr rw.Nae.r.ii wrw.rwv.. l• ervu+•..m ra o..r..aae. aIU M.Pa+ia•aq 10«MO.a.Ge.rM V'�/K° �•ra rm.Irr Tr mrwp u.nr � °o.m w•.. which is attached wanas cut ffoffi the columns of said re warnrw r...tra nrar..r.rw. l • m. t.r oni.« .r sor+.•.. arnlwav printed and published once each weekl W@@k 0r / n1.CC@sely@ Weeks e1 M�.y L.iellarT 4n ..r..rp ra z.w ., .,�•��- It was first published Monday. IIUYYrY w Tr lliw rN r vyw yry e p 14h the C day of 19 p 7 and was Iherealter tad published every Monday, to and including Monday. the ely of .IB �Ir-honzed Agent Subscribed and ,worn to me on this p L' day of tY0 JUL 8 ICI if yLi(iL✓�1 Lam.. BY Notary Public dale lieft w efien l r ri..0 r4WryO�nre p.iE or nr^^vrw u.[v. ro- <umy.r. er .«ce f l N wzn Ill iJl !WRia.mx•�.�. rlOr.a er l.a ra .reor11 ry.r a. M r4• zn e r.vrh arwa.°'u !n•. rrlir S. sa pn rt !in pOrrvW wcc.Wve +rM 93 O]Y.r uMe CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, July 20th, 1987, on the matter of the following land use applications: 1. 41165 Steven Fay, 3045 Casco Point Road - seeks front yard setback variance to construct a detached garage partially within the defined front yard area. 2. 41166 Hartmut Ginnow-Merkert, 1840 Lakeview Terrace - seeks front yard setback variance to construct a 2nd story deck. 3. 41167 Leonard and Mary Ann Bachkes, 2813 Casco Point Road - seek renewal of hardcover and side setback variances to construct addition to existing home. 4. _1.l.1.b8... Richard G. Helstrom, 2995 Casco Point Road - seeks hardcover and average lakeshore setback variances to construct a 'second story deck and screen porch. 5. 01172 Christine Beck, 3820 Cherry Avenue - seeks hardcover and lakeshore setback variances to construct a deck within the 0-75' protected lakeshore area. 6. 41173 David and Tres& Gardella, 1230 Orono Oaks Drive - seek a front yard setback variance to construct n detached garage within their defined front yard area. 7. 11175 Walter and Nancy Erickson, 335 Hollander Road - seek a lot area variance to construct a residence on an undeveloped lot. 8. #1176 Richard Putnam, 2765 Casco Point Road - seeks hardcover, side setback variances to construct room and garage additions to existing residence. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written co®ents arr solicited. Plans are available for review in the City offices, by appointment. By: Planning Commission v /_ MXchael P. Ga ron Aset Planning c Zoning Administrator To be published the week of July 6th, 1987. CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) as. CITY OF ORONO ) I, Jamie BeRma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of i1168, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of July, 1987. Jame Bosma t�' i c..w ✓'s i�91t _te i y;1! L'4l t+✓,•yIyKL'y1M :: RSL 91Ltf. ,i t _A -�--.-�.+E .�SC,fy.l.. _il4�f.rli�•�it�-.:.3�� :.�..! i a f� -���.-,��.•� t.- .n ,.1C •� 9 (, --_. .•�-..-.. Nit W1 ,t1f If1 �1y.,�Yf, �p fYY tl �i ii1 160 44 t I}. !%•QY�1 � u. S. &Y3. ,.-..�t�.e'�$wY .id�.t`'t. ��f�""1 JdtiM' �'1i Cl 1 G zo 2� Y5,3 ' PPP - NE-r,4�n2 = �gx2s yX�� = zz5 i� � 2ql 7624 -2,r1 12 X / i/ s r /GS'l-' yS.7 1 `"mowC,4vK hbi7p., ��.6Pc"� Dcm,+N — No FEmusN/� h hGffBl+2 o!*'orinoN ' � 2� %'I'ELS7'Q01M in..ey70N i 2-�nD 7C:> ,LI�F'!..4V� /Annie, -S'uGG-es7- �Cewmoue- iPfc-eZS FC, zr rpr►o - Hsu4-rs 281 s�. Lam, 1VOC-L, -M 4�t—p - r ti -r?%cc4iF r<-.&' L-,V-4e-rOF 57 d ,f PeC4 3� r VA-) FW CD y, tz�es Dou7 Wfx ves C/- f%2JC SM6*k. ITV/S&' lCrSOLtt770fN / Qeyv-o/g 2 )p7 sr oNrs Dc� N� Dew 3 J I �'�7 S?wt QWtI tAN ST')N7 G-' NCKC = /T pov S�,- crie�v.ra Tia aT M1nna LLV Gam. 1 —occur aoea. �n iv fi 1a4 R•v Mo. R4R • ... snrcao ye ' 1 4.4 FLO '/O G4r L iMR6� UnTEs: R« cn.tiacrnRs L MSr�rCRi rG es !. K, Carnfao we" To 11a�.Y Rao wood. 4.fnorwaa+o as ie'A o•�«an nan . S� o(. co.+c• iva ap.Farwraa-Y 5 Awpr�Ori coy♦ 4j�t D� ��a 2'd�•. Gp /. ralJa/M♦ <LT TO coraG nL� RNrv► �1-I4I; 'i0a7G �GaL. DECK PLAN (� t•wr�_Mu�sa ti Naw q�, . / a4 Gs+c I NORTH ELEVATION - iRIf�IM6 N�Vf� ■rrr■santnaarraw■Is■n■.■ rm ■ara■aaa ■ ■a ow an r■■" - 1.0 WEST ELEVATION r a u s V i ��s¢N 20''I P aIK iI ^vw, I i Y, �� TTME.Y L NRGN OP �iDUTHEASTERLY 9O FCCT OF LOT Ito I s ' I 2i.2 u � o itdi I r e a k .* XcLtg!P.1 0"vA P CVACA p) m` 0 O l00 PtCJL I. • (` ,�,.♦ T .% 0 I`w (� 49,)W •,ff. f kloposED I AN4 beck ®R�v�= cl Decv.ONAY Qlvw-� d=� 00 I �qps no ' 4 1 J�� P -- qO. os LY . F C , Z .THC 4S� •,L per' C,; _O 110 • SAll— � � ,STR gt1N RE 0 A#40 Y IIN N��eocovNc 26 1 lu dt � p • l �` � � E L.STROAt� • RAROCWEII CALCULATI011 WORKSlUM Co" & I S �A f G (I-' 'F Sn . ->"isfl g y qvP: r C.oNr' Mat••rk i{{•I (circle {A{I 0.73' TS••GTp• 710-500• 500-1000• Existing hNew•r t . DU trt•ttr ■{umm • top Ewetr wa.�. V ea j Lea Area ■•this hA• •. E•.r ■ 1+123 ..c, , 1pp �z 1 ..r. clock 157SOG" 2j1. S ■ 20. S . 1.0s E.g. J�SL� Awftt•Ml hrAtet•r to beAA •=A to Mae,9 ^ It., ■ �� . S "Ln •.t. Itop Iop0Ae rtl : 1h I JAI a. Driveway L -. .� . C� a. I. TOOL A.F. TO SE AOAtO L 5' (tl A. St•oML /- a ■, f, Galati" "I Arowr to M b.otN, It ■y, ■ 2 r . �Yo_ {.f. stop fop{th ■ NlAa TOTAL S.E. 0. kale �� _ '`n +!fir . 3 I l7 30 Q ,\` ..•{• r l oprtt•t■ ■ e ■.r. TOTAL S.F. TO is AOlprtp 171 ,�'r by pattc ••••tty _� ■ ...�� - (: n G.C. nMl Mr•tewr ho•e••1+ 'x �� t.t. iLtM ill . LIM tal •LIM Itll ' r. Oise ■ •.f. 7.In • (.S .w 3 O Yy m l•tlbo AdW T• M A•A■vN Final r' ^ • e ••t• Z ■ � •.f. h•pe•M Nor•■•wr I . - Maccereaer TOTAL EXISTING MEEaorom IN am . �7-7 {.f. (I) •� •� jJ Lim (4) a too . I��f� •-f' . 100 ��YY T LIM (1) �; 'LSD■•f• �V ExISTG .I_ New Ay?ipz7 J I:M"o IT C6Cwft RDOr TO MMTc 04 4(I ST'4 2,25 Fir WOOD r^%CA^ Er,�GTG L.IOY>« lzjC1wG TO MATcw EXISTG—� -_ FI-A rle LiNe -- Cam■ 12' wooO rG wv C el's rlm fta. LINE. I ID"cp LL.6P rlaR¢•Go"c rluzo 4 NC. GL ,-% QDOiL Taro WAIL c�F nrq srl¢T -7 *ooII L �i> 2wC FGG r..w, & op Is ffF im Gx�2 fawc E.XlGT G CIE% i x 4 6i°4f`T MATGM �x�sT'd Wow �w - R+oc�s r ` u a 7 t rlw ovc wv% a I tiN1S14 I4TEW09— or WALK 1� WIT" 1a4 Rv -4o+ON ,W Cw+W V REv WOOG•,+na��jogTq(. -: •'� x r S�IoqHt Gut% paMi a.c cols,. 2-4t4 REvwool *xb Rev ICAT 117.np. SuhA_ 1. Varimnrpae TaanAnCea. EXIT e J A, in considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent cf this Chapter. "Undue hardship' as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. _ 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 1. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council :.ay not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. section 6. Ordinance Section 10.08, Subdivision 3 (A) is hereby amended by adding the following: (81 The special conditions applying to the structure or land in question are peculiar to such property or i news diately adjoining property. (9) The conditions do not apply generally to other land or structures in the distict in which said land is located. (10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ' - F -� -rd P � �•� i V• o�o NORTNwHsTGRIY � �� rt a or TN! V qO FeeT CW LOT 1 . 90 fGGT OF LOT �' Z u I S� I B �' 21 T z � Via. �� ` o (VACATeP) f �M�WN;ON op P / ao.o ---- I o� � �y r --NORTNWp+sTERL'T j ..D LINC OP TNC qo T— pp LOT 110 - 1- 5° I r I N � Q. Q 2c.2 t4 is N Apt --T � �e � F 4 JV� �y 4 •TNE mo 6.�. �aa. as � KI �• a Il0 ' 1 � STRNMNRE i 0 IL'NO M.K 4 0 fy 1 ' 2.. Sw.vO 5I - 0 ----I— of 1 " �i1 A0.5E18 It pitl4 w4zlWd AP e;1 oz ic�w.lb Si ii ;R.i 1 -rpm w. M� D __ COdtA� S 1 Q f fQV 1 8 I i I • s�yt ti a� s July 7, 1987 Mr. Gaffron, I reside at 2915 Casco Point Road. This is the second lot from Richard G. Helstrom, 2695 Cass Point Road. #1168 on the July 20th hearings. It states he is seeking hard cover for the addition. I do not understand this because there already is hard cover there in the form of a patio. I have seen the plans for the addition, and I feel this is very good for the improvement of the neighborhood. Mr. Helstrom is a structural engineer and everything that he does is first class. have no complaints to the addition of his home. Richard C. Kai) .-_ M -OW I�InnII��'III Ulm Juty 9, 1987 City O6 Oeano 1335 South Bnavn: Road Otono, MN 55331 Attn: MA. Michaet P. Gab64on A66"tant Ptann.ing 6 Zoning Admina tnaton RE: Land Ube Apptica.tion 01168 Dean M. Ga661on: We have necentty puncha6ed the pnopetty imnediatety adjacent to 7895 Calico Point Road on the w"t and notth (e.g. 2979 Calico Point Road). We have reviewed Dick and Vicki Hetbttom'a plans bon a three aeaaon porch and deck addition and have no objection6 to the ptopoaed con6tnaction. Sincetety, Lattyand Kathy Men 710 King aview Lane Plymouth, MN 55441 Home: 473-0064 Woah: 522-6683 New House Phone: 471-0684 rj1L__U n°July 14, 1987 L20W Michael P. Gaffron Assistant Planning & Zoning Administrator City of Orono Box 66 Chrystal Bay, MN 55323 Dear Sir: I am writing this letter about the planning commission meeting on Monday, July 20, 1987, and the Item M1168, Richard G. Helstrom, 2895 Casco Point Road. I am concerned about the variance for the Helstrom item because my property is set back from both my neighbors on the east and the west. If the current set -back ordinance is not strictly held to I am going to find my home even more set back than it is now. It is my understanding that the set -back requirements are in place SO that houses like mine are not cut-off from their views of the lake and lake breeze:;. I'm sure that all lake shore owners would like to improve their homes with better views of the lake, but if the zoning requirements are not held to, therproperty owners that do put on additions will continue to expand their homes towards the lake. I would appreciate it if the Zoning Commission would consider my property placement in view of the other neighboring properties and would hold to a strict inforcement of the current zoning requirements so that I am not deprived of my relative position to the lake shore. I hope to be at the July 20th meeting, however, if I am not, I would appreciate this letter being put into the record at that time. l necroly, e� Jl K. Bowers 2905 Casco Point Road Wayzata, MN 55391 WS:RT1 Tot Mayor Grabsk / Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Front Michael P. Gaffron, Asst Planning c Zoning Administrator Dates July 16, 1987 B@bjects t1168 Richard G. Helstrom, 2895 Casco Point Road - - Variance - Public Hearing Eoninq District - LR-lC Application - Variance for hardcover and average lakeshore setback to construct a 2nd-story three -season porch and deck. List of Exhibit@ Exhibit A - Application Exhibit B - Plot Map Exhibit C - Property Owners List Exhibit D - Neighbor Acknowledgement and/or Non -objections Exhibit E - Survey Exhibit P - Staff Sketch On Survey, Showing Hardcover and Average Setback Exhibit G - Hardcover Calculation By Staff Exhibit H - Elevations - Side, Lake(Front) Exhibit I - Plan View Exhibit J - Section 10.08 Subdivision 3 I( -((cc v l) -7 2c,-Oct) Lc'r T-v-,— ivevwa.� l�x�•-..r+rf Pertinent Mantes Existing Allowed Proposed Variance - Hardcover 0'-75' 9.61 0% (No Change) 75'-250' 45.3% 25% 45.71 20.5% 250'-500' 26.7% 30% (No Change) - Average Lakeshore 0' 0' 25' 25' Setback Encroachment - Lake Setback 135' 75' 110, None Diecassiont This is a request to construct a second story three -season porch and deck where only a ground -level loose concrete block patio now exists. The three -season porch is approximatly 16' x 20' surrounded on two sides by a 9' deck. This addition covers about 820 s.f. in area, of which about 775 s.f. is currently considered non-structural hardcover. The City Council in recent years has made it clear that when allowed hardcover percentages are already exceeded, replacing non-structural hardcover with new structural hardcover requires a variance approval. Note that a 26' x 20' garage addition entirely over existing driveway was permitted in 1984 before that policy was in effect. Zoning Pile i1168 July 16, 1987 Page 2 of 2 There is currently no average lakeshore setback encroachment. The proposed porch and deck will comprise a 25' average setback encroachment. This has a potential view encroachment effect from both neighboring properties. The Risen's at 2879 have stated no objections, and staff notes their lake views across applicant's lot are already limited by the hill along applicants southeast lot line. Bowers' views from 2905 might be slightly encroached by the three -season enclosure (about 9' lost) but not by the deck since Bowers' lot is much higher. A significant portion of the existing 0-75' and 75-250' hardcover is taken up by plastic -lined rock beds and the extensive driveway. the plastic under rock beds along the southeast slope may be helping to control erosion - applicant should address this. Although there is only a small net increase in hardcover, Planning Commission may wish to explore ways to decrease overall hardcover on this property. sardshIps Staff notes that City files indicate there was originally an 8' x 22' deck along the lake side of this house. That deck was removed at some time prior to this review, leaving a 2nd-story glass door with no place to walk out to. This might be considered a hardship and a safety concern as well. Does Planning Commission find a hardship or justification to grant a variance to allow the proposed 820 s.f. of additional structure hardcover on the property? What hardship or justification exists to grant the variance to average lakeshore setback? staff MoommsadatSoa Staff would recommend approval of hardcover and average setback variances for construction of the proposed additions only if the applicant can demonstrate to the Planning Commission adequate hardship and justification for the proposal in accordance with the provisions of Section 10.08 Subdivision VA) attached. FSMINUTES ACERES OF TER PLANNING COMMISSION MRRTING RELD JULY 20, 1987 CONTINUED L V, D There were no comments from the public regarding this matter and the public hearing was closed. 11188 RICKARD G. It was moved by Chairman Kelley, seconded by Johnson, to recommend renewal of the variances per staff recommendation. Motion, Ayes 4, N•ys 0. (Taylor not present to vote.) 2895 CASCO POINT RORD VARIANCUS PUBLIC REARING 801-8t51 The Affidavit of Publication and Certificate of Mailing was noted. Chairman Kelley read into the record a letter received this day from J.R. Bowers, 2905 Casco Point Road, asking the Planning Commission to consider his property in relation to the average lakeshore setback proposed by applicant, so that he is not deprived of lake views and lake breeze. Assistant Zoning Administrator Gaffron explained the request for hardcover and average lakeshore setback variances to construct a 2nd story three -season porch and deck as followst -Hardcover 75-250' - Existing - 45.30 - Proposed - 45.7% -Average Lakeshore Setback Encroachment - Existing - 0' - Proposed - 25' Applicant proposes to construct a 2nd story three -season porch and deck where only a ground -level loose concrete block patio now exists. The three -season porch is approximately 16'x 20' surrounded on two sides by a 9' deck. Bellows felt that, based on the drawings submitted, it should be considered an 'addition' to the house, not an average opaque porch structure. Richard Helstrom was present for this matter and stated he did not feel the addition would obstruct Mr. Bowers' view, and there would be a minimal view obstruction, if any, from Elson's (2679 Casco Point Rd.) yard. He noted that the addition world be 110' from the lakeshore. Dick Kail, 2915 Casco)POint Rd., stated applicant's house is downhill from his, therefore, the addition would not obstruct his view. NINOTRS OF TEE PLIMIIINO COMMISSION MMBTING NNW JOLT 20, 1907 s 007.B171O11 C0flINI7® There were no other comments from the public and the public hearing was closed. Planning Commission unanimously felt the addition was too much of an intrusion into the average lakeshore. They felt the addition should extend no further than the existing patio. Planning Commission did not find Hardcover an issue. Planning Commission member Hanson's written comments as follows: 'I see no hardship, and am concerned with the view encroachment on neighboring properties. No; do a redesign.' It was moved by Chairman Kelley, seconded by Bellows, to table this application pending a revised reduced plan. Notion, Ayes 5, Nay■ 0. 91172 CERISTINE SOCK 2020 CRERMT AVENGE VARIANCE PUBLIC SNARING This matter was held over until the end of the meeting (10:06) for applicant to be present. It was moved by Taylor, seconded by Cohen, to table this application until applicant can be present. Notion, Ayes 5, Nays 0. '7I DAVID AND TRRSA GANDELI 1210 OOM OARB DRIVR VARIANCE PUBLIC SEAMING 900-9112 The Affidavit of Publication and Certificate of Naillnq was noted. Zoning Aide Knott explained the request for a front yard setback variance to construct a detached garage 00 fast in front of the front line of the principal structure. Staff noted the following hardships - steep topography to north and east, location of well on east, and inadequate area to place garage on west. No major grading would be required in proposed location, and the garage will be naturally screened from neighboring properties by existing heavy vegetation. Planning Commission member Hanson's written comment concurs with staff recommendation. 9 (0 fO 4 D�b �• PC ,Ape s s..y P4- w41/ / 675- Casco Lt,rof C1v+/BITS / /S /N d6 ptq 17 omA P°`° eeLa a �a[�A wl�v /N'NO /ham /.55c e-,Ate— ��/F�-"Jcavat, WN /LP ?TFC �JWPOfF'P � r�'tt� DS C_LGf� TD i1►Y G.1R� rua,-i rNE flXzz' l�e�K�/4�/ti,auY wsi o.� TW/S 5/sE� ECIr/tiM70�1 OF TME* SClLtry fbrt•.E wot[ tj Ems• $ CITY CITY of ORONO Pop Mfio Boa af•C".W B.'. Min 6aLJ• WniripJ Omer. OF • • • • On the North Shoe of Lase Minnetonka September 21, 1987 Richard G. Helstrom 2895 Casco Point Road Wayzata, MR 55391 Ret Proposed Deck Construction Dear Mr. Helstrom: we are in receipt, as of September 17, 1987, of a revised deck proposal submitted by your contractor, Mike Schmieg. This proposed deck extends past the average lakeshore setback line by a distance of approximately 12 feet and therefore requires a variance. In addition, portions of this deck adjacent to the house will be over areas not currently hardcovered, hence a variance would be needed for increases in hardcover over the existing percentage. I would also note that, although you might propose to remove items of existing hardcover so there is no net increase, staff has not bee- granted the authority to approve such trsdeoffs; this requires City Counc�i approval. I would further note that the Planning Commission may have given you the impression that you could replace your previously existing 8'x22' deck without a variance. In fact, replacement of any portion of that deck that encroaches past the average setback line would also require a variance. i will be pleased to present your current plan to the Planning Commission at their October 19, 1987 meeting if you wish. Any addition information you way wish to submit in support of your request must be in this office by October 5, 1987. Please contact me at 473-7357 if you have further questions. Hln�a�mre�lJy� ///%L is<iY.�j/ / Michael P. Gaffron, Asat Planning a Zoning Administrator MPG/tln cc: Mike schmieg et9lD1Y6 A ZONING -eINMI a AOYatwtaA7WN a PeIANQ_ e71-7169 a PORn'nelaS -473136g a ESMN4 Ilvl (47 2�os Ce9eo P{ . �1 wMe37L r�u. sSsq 1 3 . sj -. .�(s- WA'/ K 1010087 i �G .,* ,ed Tot Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Front Michael P. Gaffron, Asst Planning s Zoning Administrator Date: October 14, 1987 Subjects #1168 Richard G. Helstrom, 2895 Casco Point Road - Variance - Continuation of Public Hearing Application - Revised deck proposal. List of Rathibits Exhibit A - Revised Plan Exhibit B - Staff Letter to Applicant Dated 9/21/87 Exhibit C - Letter From Neighbor Bowers Dated 9/29/87 Exhibit D - Planning Commission Minutes of 7/20/87 Exhibit E - Staff Sketch Exhibit F - Memo i Exhibits of 7/1�/87 Pertinent Facts - The applicant has reduced the extent of his proposal to exclude the 3 season porch and to lessen the encroachment of the proposed deck into the average lakeshore setback area. Please review the staff sketch (Exhibit E) which shown the applicant's original proposal and shows the current proposal. Encroachment past the average lakeshore setback line for the revised proposal is 12 feet, or 13 feet less than previously proposed. Note also that the proposed deck, while it is at second story level at the walkout side of the house, is at generally a ground level in relation to the Bowers' residence, whose views would have been most affected by a structure extending above that level. Note also that neighbor Bowers has written a letter of non -objection to the revised deck proposal. Hardcover in the 75-250' setback zone under the original proposal was 7,192 s.f. or 45.7% with the revised proposal 75-250' hardcover will be 7.368 s.f. or 46.81. This oresumes that the patios originally on the lake side of the house will not be removed. Hardcover in the 250-500' zone does not exceed the 30% limitation. Note that applicant was advised to relocate a play structure located on the lake side of the house into the street yard in order that that structure not contribute to an excess of hardcover i:. the 75-250' zone. Staff notes that the 14'xl2' block patio could be removed to decrease hardcover by 168 s.f and get back to the 45.7% of the original proposal (see Exhibit F of 7/16/87 memo). Planning Commission is asked to refer to their minutes of July 20th, 1987 meeting. Planning Commission felt that hardcover was not an issue but that the intrusion into the average setback was. Staff Recommendation - The revised proposal provides a deck space more in keeping with the Planning Commission's desire to minimize encroachment into the average lakeshore setback zone and minimize view encroachment, yet allow applicant to replace his originally existing deck with a similar non -obtrusive deck. Staff would recommend approval of an average lakeshore setback variance and hardcover variance to allow the revised deck as proposed subject to removal of 168 s.f. of extraneous patio hardcover In order to meet the 45.71 hardcover originally proposed. �4PR s.'ctist iv �..//ri of (45 3� f'P."u perre , �, - C-J MINUTES OF TUN PLANNING CONMISSIOR MEETING HELD OCTOBER 19, 1987 P964 SANCKUR CONTINUED proposed barn location and if 75' setback is required, the barn would also have to placed more south and further from the house. Mr. i Mrs. Mike Plank, 4145 Watertown Road, adjacent property owners were present for this matter. Mrs. Plank felt that applicant had plenty of property to maintain the required 75' setback. Mike Plank noted concern with drainage from the barn and corral run-off onto his property. It was noted that an existing drainage problem currently exists from Watertown Road that the City is aware of. Assistant Zoning Administrator Gaffron suggested a vegetation barrrier to protect the Plank property, however could not make an actual recommendation on the drainage at this time. Joe Sawchuk stated that he is working on re-routing the drainage. There were no other comments and the public hearing was closed. Planning Commission felt the 75' side setback should be maintained and that existing drainageways be defined and kept open to accommodate drainage. In addition, if was recommended that Sawchuk and Plank talk to th City Council regarding the Watertown Road drainage pro..iem. It was moved by Chairman Kelley, seconded by Cohen, to recommend denial of the request for a side setback variance. Motion, Ayes 6, Nays 0. 01168 RICKARD G. 2995 CASCO POINT ROAD VARIANCES CONTINUATION OF POBLIC NEARING 8:03-8:05 Mrs. Nelstrom was present for this matter. Assistant Zoning Administrator Gaffron explained the revised proposal which provides a deck space more in keeping with the Planning Commission's desire to minimize encroachment into the average lakeshore setback and minimize view encroachment, yet allow applicant to replace the originally existing deck with a similar non - Obtrusive deck. The revised deck plan will encoroach the average lakeshore setback by 12' as opposed to the original plan fcr a 25' encroachment. Staff recommends approval of the revised plan subject to remov:' of 168 s.f. of patio hardcover in order to meet the 4i.7% 75- 250' hardcover originally ,iroposed. 5 MINUTES OF TRs PLANNING COMMISSION MEETING eaLD OCTOBER 19, 1987 11168 REuSTRON CONTINUED There were no comments from the public regarPing this matter and the public hearing was closed. Brown felt that approval of the application would not be consistent with average setback standards. Mrs. Helrtrom noted that an B' wide rotted deck previously existed and was removed last year. The proposal consists of an additional 6' encroachment in average lakeshore setback than what previously existed. Johnson felt that the revised plan was an improvement from the the original plan and recommended approval. Cohen agreed with Johnson. It was moved by Cohen, seconded by Johnson, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. 81169 MEAN PARTNERSHIP ENTWRISES OLD CRTSTAL BAT RD" AND WATERT'OMN FORD CLASS III SUBDIVISION PRELIMINARY SUBDIVISION 82CIM REVIEW Bill wear was present for this matter. Zoning Administrator Mabusth reviewed the revised 6 lot subdivision. It was moved by Cohen, seconded by Brown, to recommend approval of the preliminary subdivision per staff recommendation. Motion, Ayes 6, Hays 0. Bellows voiced concern with a subdivision requiring all mound systems. #1199 RICEARD 6 GAT R85,LY 625 OXFORD ROAD VARIANCE CONTINUATION OF PUBLIC REARING 8:19-8:25 Richard c Gay Kelly were present for this matter. Zoning Administrator Mabusth reviewed the request for a setback variance to construct a new residence 65' in front of the average lakeshore setback line. Letters from the two adjacent affected property owners have been recieved: Arthur Burton, 405 Oxford Road request that the proposed residence be placed 15 feet closer to Oxford Road to eliminate encroachment of privacy and view; Melvin a 011ie Peterson, 475 Oxford Road are opposed to the proposal. 6 7bt Mayor Grabek i Orono Council Members City Administrator Bernhardson Prop; Michael P. Gaffron, A98t Planning i Zoning Administrator Date: October 21, 1987 Subjects 11168 Richard G. Helstrom, 2895 Casco Point Road - Variance - Resolution Application - Variances to hardcover and average lakeehore setback to construct a 2nd story deck onto lake side of residence. Pertinent facts - 1) Increase 75-250' hardcover from 45.31 to 45.71; 2) Increase average setback encroachment from 4' pre-existing to 12' proposed. List of RRhibits Exhibit A - Planning Commission Action Notice of 10/21/87 1 Ak'r"F nF Exhibit B - Proposed Resolution C6�1�IL T•A-"'L' Exhibit C - Memo and Exhibits of 10/14/87 /e Discussion - The applicant removed his originally existing 81x22' (176 s.f.) deck about a year ago because it was decaying. He proposed to replace it with a screen porch and deck of about 820 s.f., both extending from the upper floor of the residence. At the Planning Commission meeting of 7/20/87, the Planning Commission generally felt that the increase in hardcover from 45.31 up to 45.71 in the 75-250' zone was not a concern, but Planning Commission did table the application pending a redesign to decrease what Planning Commission felt was an excessive average setback encroachment of 25'. Applicant returned to Planning Commission with a revised plan on October 19. The revised proposal omits the screen porch and reshapes the deck to place it closer to the house, with an average lakeehore setback encroachment of only 12'. Neighbor Jim Bowers, who had opposed the original plan based on it reducing his lake views and creating a "tunnel" effect for his property, has submitted a letter of non -objection to the revised plan. Bowers' residence site higher than the Heletrom house, and Bowers notes, as your site inspection will confirm, that his view will not be obstructed by the deck as revised. The neighbor to the west, Elsen, has submitted a letter of support for the original proposal and would not object to the revisions. At their October 19th meeting, Planning Commission recommended 6-0 to approve the proposed deck as revised, subject to removal of a 141x12' (168 s.f.) block patio in the lakeshore yard, resulting in a net increase of 0.4% hardcover in the 75-250' zone, or a net increase from 45.3% to 45.7%. Staff Recommendation - A resolution reflecting the Planning Commission recommendation is attached for Council review. ZONING FILE NO. 1160 CITT Or OFAM NOTICE Of PLANNING CONNISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notices 10/21/87 --------------------------------------------------------------------------- TO: Richard G. Relstrom COPIES To: 2895 Casco Point Road Wayzata, MN 55391 Or APPLICATIONz XX Variance ___________________________________________________________ DATN Or NEXTINOz 10/19/87 VOTE: 6 For 0 Against Planning Commission recos•ands the followingz XX Approval as revised, subject to removal of 168 s.f. (12'xl4') patio area. I-_Jai--:item=ilff:1i-4fY -�.— -IiiT:7:f'. Applicant's next scheduled meeting is confirmed as: City Council October 26, 1987; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. I MINUTES OF TEE REGULAR ORONO COUNCIL MRETING EELD OCTOBER 26, 1907 116E RICBAAD G. BILSTROM ANCE POUR ROAD V RESOLUTION Richard Helstrom was not present for this matter. Acting City Administrator Gerhardson explained the request for hardcover and average lakeshore setback variances to construct a 2nd story deck and screen porch onto the lake side of the residence. The proposed deck i porch replaces a smaller dilapidated deck that was removed last year. He noted that the proposal was revised per Planning Commission direction to minimize the average lakeshore encroachment. Planning Commission recommended approval of the revised proposal subject to removal of a 14'x 12' block patio in the lakeshore yard. Councilmember Sime are ed he was in attendance at the Planning Commission review and noted that the Planning Commission unanimously recommended approval and the affected neighbor, Jim Bowers of 2905 Casco Point Road, rescinded his objection to the original proposal and is in favor of the revised prolisal. Therefore, made r motion to approve the revised proposal per Planning Commission recommendation. Motion seconded by Councilmember Peterson. Councilmember Goetten requested clarification regarding the specific patio area proposed to be removed. Assistant Zoning Administrator Gaffron explained that patio proposed to be removed is a 12'x 14' area, and the a wooden structure play area recently added by the applicant in that area was to have been moved to the 250-500' zone near the road. He noted that the patio under the proposed deck porch addition is not planned to be removed. Councilmember Goetten felt that the patio area under the deck/porch that extends beyond the deck/porch could also be removed to decrease the hardcover from 45.7%. Assistant Zoning Administrator Gaffron noted that if the additional patio area was removed as Councilmember Goetten suggests, it would decrease the hardcover by approximately 2%, to around 43-44%. Councilmember Callahan did not feel that removal of the patio area without the wooden play area structure constituted an entire removal of hardcover. .O MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBEIR 26, 1907 01168 NELSTROM CONTINUED Because Council voiced concerns with the proposal, Councilmembers Sime and Peterson withdrew their previous motion. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to postpone this matter until the end of the meeting for applicant or representative to be present. Deferring this matter until the end of the meeting (9:34) and no presence of the applicant or representative, it was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter until applicant/representative can be present and direct staff to review the play yard area. Motion, Ayes 5, Rays 0. 91177 TODD WATERS 3061 CAECO POINT ROAD APTER-TEE-PACT CONDITIONAL USE PERMIT AND VARIANCE Acting City Administrator Gerhardson explained the request for an after -the -fact conditional use permit and variance for unapproved land alteration within the 0-75' setback area involving the excavations for a partial lakeside walkout, major alteration of lakeshore yard up to within 5-10' of lakeshore and major alteration of both the 0-75' lakeshore protected area and 75-250' setback area in excess of 100 cubic yards involving changes in drainage for a 5+ acre watershed that would not be covered under customary/usual grading allowed under building oermit. Planning Commission recommended denial and complete restoration to the original elevations, with the drainage being treated as before with an underground tile. Todd waters and Dori Molitor -waters were present for this matter. Todd waters introduced their Attorney, David Davenport, and Engineer Consultant, Greg Kopischke. Todd waters reviewed the background of the project, their plans and intention noting that it was never their intention to do something not allowed and they tried to follow the City codes and procedures, while trying to solve a drainage problem. Attorney David Davenport explained at great length the following three alternatives including the advantages and disadvantages of each: I - Deny CUP and require total restoration of original site grade with elimination of walkout noting that this could cost the applicant approximately $63,000 for restoration and decrease in home value because of loss of walkout. APPLICATION 80. 1168 CITr or OROND NOTICN OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/27/67 ----------------------------------------------------------------------- To: Richard G. Helstrom COPING: 2895 Casco Point Road Wayzata, MN 55391 TTPN OF APPLICATION: XX Variance ------------------------------------------------------------ DATN OF MENTING: 10/26/87 VOTE: 5 For 0 Against COUNCIL ACTION - NOTION: Council voted to table application since applicant was not present to answer questions related to the following concerns: 1. Existing (new) play structure constructed in location of 12'xl4' block patio. Planning Commission recommended that this patio be removed. Per our discussion in mid -August, you had intended to move that play structure to the area near the street in the 250-500' setback zone. The structure contains decking and is considered hardcover. 2. One Councilmember felt that additional existing patio hardcover (outside the proposed deck area) should be removed. This item will be rescheduled for the Council meeting o ovember 9, 1987. You or your representative should attend this meeting order to address Council-s concerns. If you desire certified copies of the official Council mi tea, they are available from the City Recorder or City Clerk after feview and approval by the City Council. / LAO, �-U 4� S lsjf[t5S pA+70 NoT y NDfIC a)e+ 0*t-K If eewoueo ( NC. je~CA- ,a y3.9 '/ City of ORONO RESOLUTION OF THE CITY COUNCIL INO. 2290 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 PILE 11168 WHEREAS, Richard G. Helstrom (hereinafter "the applicant") is the owner of the property located at 2895 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: The Southeasterly 90.0 feet of Lot 110, SPRING PARK, except the Southeasterly 20.0 feet thereof. Also the Southeast 20.0 feet of Lot 110, and Lot 99 and the Southeasterly half of Lot 100, including all land lying between the Northeast line of Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the Southeast line of said Lot 99, extended to Lake Minnetonka and bounded on the Northwest by the Northwesterly line of said Southeasterly half of Lot 100 extended to Lake Minnetonka and including the vacated portion of Lake Shore Avenue lying adjacent to said premises, all in SPRING PARK, Hennepin County, Minnesota (hereinafter *the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision. 1 6 2 to permit the construction of a second story deck which encroaches 12' into the average lakeshore setback zone where no encroachment is normally allowed, and which results in an increase in hardcover in the 75-250' lakeshore setback zone from 45.3% existing to 45.7% where only 25% hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by t:ic City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 51168. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 20 and October 19, 1987, and recommended approval of the proposed variance based upon the following findings: A) The proposed deck encroachment of 12' into the average lakeshore setback will have no significant impact on neighbors' views of the lake due to the topography of the site in relation to the elevations c: those neighboring properties. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2290 B) The increase in 75-250' hardcover on the property can be minimized to an increase of 4/10 of 1 percent (0.4i) by removal of a 168 s.f. block patio on the lake side of the house. 4. The hardcover can be further reduced by removal of 277 s.f. of patio blocks adjacent to the proposed deck. 5. The wood play structure located near the 168 s.f. patio will not encroach on any lake views enjoyed by neighbors. 6. 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. 7. 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 one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 6 2 to permit the construction of a second story deck which encroaches 12' into the average iakeshore setback zone where no encroachment is normally allowed, and which results in a net decrease in hardcover in the 75-250' lakeshore setback zone from 45.3% existing to 44.6% where only 25% hardcover is normally allowed, subject to the following conditions: 1. Applicant shall remove 168 s.f. of hardcover contained within the block patio located at the southerly corner of the house (see Exhibit A attached). Applicant shall also remove 277 s.fi of patio blocks adjacent to and not under the proposed deck. The 110 s.f. play structure is allowed to remain. Final hardcover on the property is allowed as follows and per the hardcover worksheet attached as Exhibit B: 0-75' Zone = 91 75-250' Zone = 44.6% 250-500' Zone = 30% Paqe 2 of 4 1987 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2290 2. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exe_cised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1988). 3. 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. 4. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of November, Jame`s R. /GrSbeW-, Mayor �- Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2290 STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN I On this 94 day cf ♦'hL -*— , 19e/ before me s ,j�lota—,�l, ry Public within an r said county, personally appeared %<,'. OJ Y.r_, �i '�- c_k 144' known to me to be the person(s) clescribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 0 �rwrota M �ry� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTA Y PUBLIC MY COMMISSION EXPIRES Cn this day of , 198 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION FXPIRE; Page 4 of 4 p / O b �'n - Ex#. A a 2290 , 5 � 100 qo. I r' CF � I � �`���� •TNE ASI FEET C� _ IIO r I I Q p ccow.O Ild � I b N M••! i� ` i u rT ,�. � s I ` Out ♦�z oslws'su'Y,� �- ���•�� �.�Cd1Ita�DS � �•�..� it °O e° EXHIBIT B RESOLUTION NO. 2290 HARDCOVER REVIEM 41168 Richard Helatron, 2895 Casco Point Road 0-75': 600 s.f. landscape bed w/plastic (pre-existing) 48 s.f. wood platform (pre-existing) 648 s.f. Area of 0-75' zone = 6750 s.f. 648/6750 = 9.6% Allowed 75-250': 2548 s.f. house and attached garage 2520 s.f. driveway 160 s.f. concrete entry sidewalk 75 s.f. rock wall 876 s.f. landscape beds w/plastic 30 s.f. rock steps 706 s.f. deck (new) 110 s.f. play structure 7025 s.f. Area of 75-250' zone - 15,750 s f. 7025/15,750 = 44.6f.Allowed 250-500': Area = 9450 s.f. Existing Driveway - 2525 s.f. = 26.7% Allowed Hardcover = 2835 s.f. = 30% Net Available - 310 s.f. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF OEONO I Dorothy M. Wallin, 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 November 9 , 19 87 , and that the same is a true and 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 30th day of December , 19 87 Do othy W. •llin, 'City Clerk (SEAL) MINUTES OP THE REGU7AR ORONO COUNCIL MEETING HELD NOVBMBER 9, 1987 1984 JOB SAMCHOR• 4105 WATERTOWN ROAD VARIANCE DENIAL RESOLUTION 02289 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 42289 denying Joe Sawchuk'r application for side setback variances for construction of a horse barn at 4105 1 Watertown Road. Motion, Ayes 5, Rays 0. r6116I RICBARD G. NXLSTROM 1695 CASCO POINT ROAD VARIANCE RESOLUTION #2290 Richard Helstrom was present for this matter. City Administrator Bernhardson explained the revised proposal per Planning Commission direction to construct a deck encroaching 12' into the average lakeshore setback and increasing 75-250' hardcover from 45.3% to 45.7%. The proposed deck replaces a smaller dilapidated deck that was removed last year. Council tabled this application at their last meeting since the applicant was not present to answer questions relating to the play structure constructed and the possible removal of additional patio hardcover extending outside the proposed deck area. Mr. Helstrom stated he would rather not move the play structure to the rear yard area for childrens safety reasons. He stated he is willing to remove the patio block area under the play structure and some patio area adjacent to the proposed deck extending outside the deck. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution 02290 approving the variances amending it allow the play structure to remain and subject to removal of the 12'x 14' block patio area and removal of patio area adjacent to the deck extending outside of deck. Motion, Ayes 5, Rays 0. 11169 NEAR PARTNERSHIP EIT23"ISRS WATEtTOWN ROAD PRRLIMINART SUBDIVISION RESOLUTION 12291 William Wear was not present for this matter. It was moved by Councilmember Sime, seconded by Counci lmember Peterson, to adopt Resolution 02291 granting preliminary approval of a subdivision of Lots 2 and 3, Peterman Addition of Wear Enterprises Partnership. Motion, Ayes 5, Rays 0. ZONING FILE NO. 1168 CITY or ORONU NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/16/87 --------------------------------------------------------------------------- TO: Richard G. Helstrom COPIES TO: 2895 Casco kolnt Road Wayzata, MN 55391 TYPE OF APPLICATION: XX Variance ----------------------------------------------------------- DATE OF MEETINGS 11/9/87 VOTE: 5 For 0 Against COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you, with the following revisions: 1. Play structure may remain in its existing location. 2. Must remove 168 s.f. patio blocks under and adjacent to play structure. 3. Must remove 277 s.f. patio blocks which will not be under new deck. The resolution attached has been revised to reflect these conditions. 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. Variance Approval is limited to the extent shcxn on approved pan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of aprrcval. Permit application must be submitted no later than November 9, 1988. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) If you desire certified copies of the official Council minutes, they are avail%,ble from the City Recorder or City Clerk after review and approval t,y the City Council. 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A. .•M. L. O n - .WL .:OT+[.wiC WYNIN OtD..D. C. t00]• M+.[w [i. NO /f Nw[L O~T[[N.N . VL J L111.1.01. ip[.«ON{ tOl-O.-000 ELL. w «OwMD A. [.L.eI O. O.[L LW r+.'. �I.. M • Y.LON r[L [[O.......-..... x W M A ...0.• O Y 4 J1Nr .. Y.r[wOM A9= I .Prx J..wu[Yxp DIRECT DIAL NUMBER Nrtu•Y Y.OJrt[.^ Iw[p&.w 334-2549 March 23, 198A Ms. Joanne Mabusth city of Orono P.O. Box 66 Crystal Bay. MN 55323 Dear Jeanne[ Enclosed and listed below are resolutions granting variances which cannot be filed in torrens property. Name Resolution No. Holatrom, Richard A. Res. 2290 Bruce and Camille Curtiss Res. 2342 If you have any questions please, call either so or my secretary, Joyce Pedersen at :,34-2736. Ver truly yours, Nancy R. Husnik Legal Assistant NRH/jlp/3228