HomeMy WebLinkAboutProject PacketReceipt -
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00
($50.00 per each additional vari
�.4.4t
•
Renewal Variance Fee $75.00
.s..
..._„
(no change from original application)
After -the -Fact Fees (Double application
fee)
-----------------------------------------------------------
PROPERTY LOCATION
Site Address .�`/t;` C'�•. IDS K,�
i-C' - IVJ
23
3�
- OnSZ �U'RONo
Property Identification Number (P.I.D. )
-
Please check one - Property v abstract or
_ torrens7
Attach legal description to application if not included on
required survey.
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APPLICANT Phone (home)
Name 7C .:�)t �r tir :� S Phone (work)
Address: R , city: UOA tT� r1 zip: 5 ->
,-
------------------------------
ONREE (if different than applicant) Phone (home)
Name Phone (work)_
Address:
City:
Zip:
Date Proper Acquired 1kl ., I -ON (month/year)
-----I (do) o not) also own the adjacent parcels of land.
�_---------------------------
--------------------
PRESENT USE OF PROPERTY
?resent Zoning District L✓< C.
Present Use of Property
-----------------------------
DESCRIPTION OF REQUEST
Residential
Other (specify)
------------------------------------------
Estimated Construct �on Cost S��( '
Describe request in detail: /IW*t A a
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VARIANCES REQUIRED
Lot Area Lot 'Width ��, Hardcover
Setback Variances I Front Side Rear)
Other
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirementa: 6k!W we j
s---------------------------------------------------------------------------
i EEQOIRED SUBMITTALS
Completed Application Form
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� m5!'3 pe=legal sized envelopes (t10) 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.
opograp-Tiic w• vep%xisting and proposed elevations) if any changes
in existing grade are proposed.
i_6 Plat Map (obtained with property owners list).
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
i8.) Additional items as may be requested by City staff.
---------------------------------------------------------------------------
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
APPLICANT'S SIGNATURE
The applicant hereby agrees to 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.
Applicant's Signature I� } 'v�� t Date t) (e
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizer reasonable entry onto the property by City staff, consultants.
agents, Commission members, and Council members for purposes of investiga-
tion and verification pf tli■ realest.
Owner's Signature__----- I '' ---Date
- _________________ __- --__----_-_-__-_---_
Applicant must have all ubmittals 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 arrangements to have an
authorized agent attend in your place and to advise the Building c Zoning
Office of this change prior to the meeting.
J J
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 requeste2.
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.
S. 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.
Fir,aolo Last
C
A a s
l��`r14
Data o in1 (does not apply to building/general permits)
bona
I and t nd my.,rights as stated above.
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•
PIRI DATE 05/25/84
• BATCH 001
38 20-117-23 31 0021
•PROP ADM 00039 AOMESS LNASSIGNED
OWNER WAKE STATE I" DEPT
TAXPAYEO CITY OF g10N0
NAME/AOOR PAIR(
• 4/13/79 ST DEED 156754
• 38 20-117-23 31 Oo25
PROP DOOR 00036 ADDRESS UNASSIGNED
OWNER NAME STATE LAND DEPT
TAXPAYER CITY OF CROWD
• NAME/ADD* STREET A DRAINAGE
5/23/84 SO 196503
• se 21 111-23 33 0028
PROP AODR 02910 CASCO P0114T RD
OVER ANNE PNILLIP A BETTY NICCLN
• TAXPAYER PNILLIP J MICCOI
NAME ADM 2910 CASCO PT 40
WAYZATA M H 55301
•
A 20-1CASCO 31 0049
OWNER
AM D392) CASCO PoIN! RD
•ORER NAME fREDRICX J KEY ELL
TAMIAYER fR[DRICR J THY JR
MNE/ADM 2427 CASCO PT RD
WAYZATA IN 33341
•
is 20-111-21 31 805E
•!RM ADM O7405 CASCO MINT R0
OWNER NAME JARS KEN ETH B RS
TAXPAYER JAMES R BMK
PUM AODP 2"S IASCO POINT RD
• WAYZATA MN SS341
•SR 20-117-23 31 OP55
PROP AMU.'91) CASCO MINT R0
OWER NAME N N HAIOE LL JR ETAL
TAXPAYER MAYNE MIAXELL M
• MWY!/AM NV CASCO POINT *0
WAYZATA NN 553'1
Aft
ME40PIN CQAITY PROPERTY INEORNGtIW SYSTEM
PROPERTY OWNERS LIST
38 ZO-117-23 31 0022
0000 ADDRESS UNASSIGNED
.h.TE LAND DEPT
CITY OF CROAK)
PARv
4/13/24 ST DEED 756754
REPORT NO. PI433401
PAGE 1
39 20-117-23 31 0024
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
STREET A DRAINAGE
5/8/87 ST DEEDOI*7840
38 20-117-23 31 0026
M 20-117-23 31 002E
02900 CASCO POINT NO
00038 ADDRESS U[ASSI OWED
0 SIGAMOS ETAL
STATE I" DEPT
DONALD SIGAFOOS
CITY OF OONO
2 ADD CASCO PT RD
PARR
WAYZATA M 55391
4/13/79 ST DEED 156754
IS 20-117-23 31 0029
38 20-117-23 31 0030
0291E CASCO POINT RD
02118 CA= MINT RD
M 0 BARRETT A 0 M BARRETT
RAYMOD J FRAWtENFIEL0
MICHAEL D BARRETT
RAYMOD J FRDALEMIFIELD
2912 CASCO POINT RD
2916 CASCO POINT RBAD
WAYZATA MET 55391
NAVARRE HN M391
38 20-117-23 31 00"
M 20-117-23 11 0051
02925 CASCO POINT RD
OZ915 CASCO POINT RD
B P BISHOP A M S BISMP
R C RAIL { C L RAIL
BFRNAAD P A MARL NE S B15HOP
RICNARO C RAIL A CAROL MAIL
2429 CASCO PT RO
2915 CASCO POINT RWD
WAYZATA TN 55391
WAYZATA fN SS391
36 20-117-23 31 0053
36 20-11)-23 31 00%
O2895 CASCO POINT RD
0209 CASCO PoLNT RO
RICHARD G HELST ROM ETAL
L 0 A A E ELSEN
RICHARD G NELSTROM
LAWRENCE 0 A KATHERINE ELSEN
:B9S CASCO POINT RD
2879 CASCO POINT RBAO
WAYZATA WN 55591
WAYZATA WI 55311
TOLL BATCH 001 OMI6
•
RlN DATE OS/35/G9
• BITCH 001
•
•
•
•
•
•
•
•
•
•
a
HEMNEPIN CONETY PROPERTY INFORMATIM SYSTEM
PROPERTY CANNERS LIST
REPORT W. PI�354O1
PAGE J
I CERTIFY THAT THE FAC75 REPRESENTED ARE IN ACCMT! BM TMM
PIP"SEHIATION Of INFORMATION AS IT APPEARS THIS YRQ DEE TW RECORp6
OF THE HENEPIN COWTY DEPARTMENT OT PROPERTY TAXITIOMr 71[ �fST
OF NY KNOWLEDGE ANDWLIO. r('(r/ T
&A w 1
DMnn.w C--1a Cn mr ride wwc
Mrmyr m IW Covcn,anNrs r 11215
",
swain &Own Map m Mry i ,nry ID 1y9y
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O
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Iw
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rw ln. cwnN/w stood m rulrw
b a wONNd NNnrm d Ilr Or.up rw
Nrvuq IM MOMry
e ao IrlD�n eow«r of zDos carer
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I
Affidavit of Publication
State of Minnesota. County of Hennepin
Bill Holm. being duly sworn, on oath says that he i9
an authorized agent and employee of the publisher
of the newspaper known as THE LAKEH. Mound. Min.
nesola, and has full knowledge of the facts which are
stated below'.
A 1 The newspaper has complied with all the require.
ments constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331A.02. 331A.07. and other applicable laws. as
amended.
B.1 The printed PIrt h M
uvl (,k 4t4r
f
which is attached was cut from the columns of said
newspaper, end was printed and published once each
week for sucCessive weeks'.
It was first published Monday.
the S day of Y1 t19ed•
and via,: thereafter printed and published every
Monday. to and including Monday.
the _ pair of
19_;
(mac
'•", Authorized Agent
...�MAMIET -L
CA." C:.C.TY
iVp� W CaMncrwe L ror_N :; •:o.
wNrMNNarMewrwwr^.w--. -.
Subscribed and swom to me on this
r((pp
E' day of
By
Notary Public
I lJ.1r1 UNMr.p ql. p/O OY CwnrNrbY eNq rot cannot.
d. rpKO rD e0 pa .rYn
:r MNnrn✓n rav Hb'w.0 eY V'w'w aDOrD "Vna sow., M:n
im Min dClWlly [naa0 Ia ,ruTula f. ea Oa .n
Exn pwnaw wcnww' .s rvrM oa .rci, fJ.r n
CITY OP ORONO - NOTICE
The Planning Commission will hold public hearings in the Council Chambers
at 1275 South Erown Road on Monday, June 19, 1989 to review the following
land use applications:
1. 41414 Temple Israel at 645 Tonkawa Road seeks a conditional use
permit for the proposed construction of a multi -use facility/structure
consisting of conference/meeting rooms and dormitory areas to serve
the existing camp use.
2. 11415 Robert and Cheryl Humphrey of 669 Minnetonka Highland Lane
seek hardcover and average lakeshore setback variances for the
complete replacement of an existing deck and the installation of a
pool and patio area in their Lakeshore yard.
3. 01416 Jeffrey Eccles of 3025 Sixth Avenue North seeks a side setback
variance for a proposed addition to the existing residence !hat will
be located 11 feet from the east lot line instead of meeting the
required 30 feet.
4. 11417 Northern States Power Company seeks a conditional use permit to
install an electric sub -station at the property located at 39b0 Sixth
Avenue North.
5. i1418 Orono School District 0278 seeks a conditional use permit for a
proposed addition that would connect the Orono Middle School and the
Elementary School in addition to a proposed expansion of the narking
and driveway areas serving the facility.
6. #1419 J.n. Bowers of 2905 Casco Point Road seeks a side setback and
hardcover variances for a proposed new deck within the lakeshore yard
of his property.
7. 01422 David Breitoer of 2755 Casco Point Road seeks lot area, lot
width and hardcover variances for the complete reconstruction of a new
residence on a property that contains an existing residence.
S. 41423 Edward Brown of 3b5 Stubbs Bay Road North seeks a setback
variance for a proposed detached garage on his residential property.
All persons wishing to be heard will appear at this time. Written
comments are solicited. Plans are availa�)le for review in the City
offices, by appointment.
City of Orono
Sys Planning Commission
eanne
A.
Me
ust
Bcr
nq 6
Zoning
dministra or
To be published the week of June 5, 19E9.
CERTIFICATE OF MAILING
STATE. OF MINNESOTA )
COUNTY OF HENNEPIN
1
CITY OF ORONO )
I Teri Nash of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of 11419 J.R. Bowers's application was
mailed to the certified list of property owners.
In Witness Whereof, 7 have hereunto set my hand and seal
this 3'^t day of May, 1989.
_eMai+7C
':e Ne, Secretary
/
_cASCOI.ATIQH
51'—SIMAIIy
•� •
A.P.
.....drover
Allowed
SOt"ck
•. _oa
.. .
�.!. ..��•i.
... ..
...�. -...l.
fcr I,ntage
I:ardcovor
Zone
-----------
inCeno
----------
lr. :lo^e
----------
(D/A)x100
-----------
in So::a
----------
(D/A)xI00
-----------
Forcontago
---------------
0-75•
YY95 of
of
7• 10, t
31—L of
7. C3 C
o 1
75-250•
/Oi �IfO er
i '1y
of
/2 t
36LV of
31Y 59 1
25
"n-500r
90L 17 of
_1 t - -
aE
i7. i7 t
Teo of
31. /'� \
30
-.,-10001
---5f—__t
t
35 t
HARDCOVER LIDIITATICY.S
n•`
IUV..DCC'✓CR :11CLUnES1
- Jtruct:'ros with roofs
- bocka, oven if slatteJ
- ]fi La•aa lks
Drivei:ays (paved or ,iravoll u,
2ecorativo lonJacaping aro-0 Lndurlain by
plastic eheotir..1
-T3 cf retaining walls, rook walla
Any ot`,or surface that does not allow direct
....coiltlon of rainfall into the grc•rod
ROAD
E. OTIMP TAKE t2EEPF001J1TIOUD
82C. 10.22, REGULATIONS ►oR 'LR-IA•, 'LA-lA-1', •LR-10', •LN-1C• AND 'LR-IC-1. ONN
►ANILY LARBSUOPN RRBIDENYIAL DICTRSCT. withir any 'LR-1A', LIt-IA-1', 'LP-30', 'LR-le', Or
'LP-IC-1' one rar.11y Lake, ro Pa,idoAtt,l Clatr_Ct tho following regulations shall apply,
Subd. 1. Thu cot Leek from the Ohor011no for
ut 11! 7 ray to lecatou closer to the
short:=:, - .... •. f er.lcting recidenee
bulldln ;'. .. ...
S,td. Lak•,at. ra V"A wear' r; tt atSu.n. :'item 15 ttot ut ohoroline there
,hall by no oxcavat LIts, ftl ling, hoed aov or, to:,porerY er part Vaunt structures.
t H.In g5 to 250 toot of the ohorultne there &halt to no greater •hsn :Ss hard sever.
there shall ba co greater than 30% head
Witt 'n
itlan ]90 to 500 toot oI the shoreline
cover. within Soo to I.000 fast of the aboruline share shall be no greater than 7S&
nerd cover. '
Sabd. 3. Trao I:eooval Paeulxtlona. No trvvo within is fact of the shoreline
nehoa or Vora &hall be raraved without first obt&1n1n11
with the disaster o! six l61 l
A permit fro. the COU„ell. ,
Setback Zone: (circle ono) 0-75' 75-250' 250-500' 500-1000'
Ex lst inv Rardeover in Zann
a. Ifouse x n.f.
. ength width
x
b. Galagc x .^..f.
C. Driveway x a.t.
x
d. Sidewalk x e.f.
x
e. Patio/ /6. 2 x
° Dock /✓
9.6
f. Landscape x
.rCas
underlain
by plastic
eheeting x a.E.
x c
p Axa
f. Other
_{ASS x Y. d'
7,5 x %. O 30 B.f.
3
711
G NANDCOV£R IN ZONE s.f. (1)
i'x L.:: r, I'a nlro:•or t of nl F.xintiny Iln zdcover x 100
Lot Ar, Within Zeno
.'.led in
I.rncth x Width TOTAL s.f.
x e.(.
x J.
X a..
TOTAL F. TO D0 Arn00 _ /1 (2)
isotcq iA:.ico•rcr tt• be Rrm>ved, if any:
LenMh x Nid.h TOTAL s.f.
x s.f.
x x.f.
s.f.
X _ s.f.
L ) TOTAL S.F. TO DE rrEMn.= (71
Final Ila: dcover ProPen.•1:
(l.inv (11 Line (2) -Linn (71) .
3'f3 O ) . 393 s.f. (4)
Fvicting To be Added To to Reoovcd Final
PtnpOxad Hardcover t .
Line fat % 100 . ''�y ? n•r: x 3C') 7_NO
a•f• NL
Setback Yon-: (circle one) 0-:".'
.�.
_
1' iaiun .. ..
.- ... .r in Itat !. •rr x Ico
ft i two: in ronrt
I I.:. : :•i th ire t...,.
ftuse
�'.� 1. O_ x
/• `
• f i �
/
- 11'_-.
_ ..
1� Eel
....:.
--._
4,C
_
k
.. _ ..
... ..1 77 0
V
..
...
25
.,f.v
Iten__L._
si4th T,1T.1L srf.
,ell .. 22 C s.f.
✓
--7—VT
✓
// r /7
O,rrt `n c. ratio/
2 OC
r..r.
J
' •
S./
Ct
x
. i. ••— z i x
/C
2z r
•✓
leer<.rf 7.7
7 3 5C —
/7
2.t
T6
r
R*A(',
ar¢as
underlain x
c.f.
^. ^vT,tL S.F. TO
DE riE::oYED E/,P/ 13)
by plastic
she1tln9 x
...
rival ilnrdcovcr pro -oral:
69 x
C. R
Ss
f.
(Lin- (1) • Lino I:1� ;^_nc
(3)7
Fq'f/«rE
other 7.7 x
7.3
-5C_
s.f.
/
( k 'p
s.f.
`To �BRc-wv¢d (
(4)
f.
A/C v<o
EXiSting o ed
Final
?.3 x
2• S
9
Y:< (.AG
rr-posed Hardcover t -
. 7.s x
2.2
/7
-.f.
STIDG n;,nocovcx ru xD:;e
33yP
s.r.
til J
r.fno t<I = Iro -ly
s•r_ x loo �Y,.sdt•)��'
Let
r
�
\
ItARUCOVi::. CALL
Setback
Zane: (ci Ycle one) 0-75• 79-1L0'
250-500' S0:1-:^zo•
. '.l 1ptJ IIp[dCOt•C[ t n
.j r_.I {ng IIM1YrICOVCr
% lDD
nardeovor in ton,
...
a ;n•a within
'one
length---
M
r
ar.o jnnn. ��
.. .•
-07o.1.
.
b.
Garage x
o.f.
5.f.
c.
D11VOVaY oAdO x
-_,
?9p0 .f.
-. ___.__
f,i
x
_
i.t.
TOTAL ::.: TO:...
1-)
d.
Sidevelk
..
—Ming lin[dcovcr to he Ir
if Any:
I
L
-
�,
- itC__ Lcnnth x
NI.�h
TOTAL 2.f.
f
—
s...
beck
—
x
L.f.
t.
landscape
o
or"s
sadatlain x
yf.
I / TOTAL S.F. TO I
---VVV
;{Lr.OVLD
0 (i)
by plastic -
swtln9 x
G.f.
i'iml Iierdcover rropo^.Jl:
x
s f
ILL.. (1) ♦Lino (2) -Line (a))
e
I z90o
:.
acre x
a.r.
.
t:zf Ltln9 To be Added
To be Pexaved
Final
S
h'opoLed Hardcover l .
wlomvr:n ry xcL•c
Linn a) x 100 e z70G
n.f.
L-t
x
loo eJ7./3 t�
f.
t
• HARDCOVER CALCUUTION W0 ?,Scr'—z:
S'c73AC:< ACNE: (DCROLc. CNE) 0-i7' t%�-_T.''
Lc'0-?U0'
500- �00'
EXISTING HARDCOVER IN ZONE n
AI
A. HOUSE X
S.F. ✓ f_ev
' LEi1GTH WIDTH
X
_ X
S.F
X
S.F.
X
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1 hereb,.• eerti y that thi- Is a true end correct representation
of a survey of the boundaries of tots 73 and 109, 5Frinr ELr., and
of the location of all buil.'.ings thrreon, a -id all visible enerach-
nenta, If fr= or o, sale. land. !, surveyed b' se this first
day of lay, 1%3. r �.
4b. S. Kelley, , JA,� Per. Nc. 11,
Bruce R. Kelley Fef. N.. 1713
Sale: 1" - 50,
Bate r Nhy 1, 1959 KFUFY & KELLFi, EnCineere
0 : Iron marker Tong lake, Minnesota
CITY of ORONO
Peet Ullrc ILn FB•Cryeul Hey, Minnewu 5.49Zi•M•niaigl Ome,•
e On the North Shore of Lake Minnetonka
May 10, 1989
Metro Home Improvement
Attn: Calvin Jacobson
3960 Beau-d-rue Drive
Egan, MM 55122
Re: Building Permit - 2905 Casco Point Road
Dear Mr. Jacobson:
The Buildlag i Zoning Department is in receipt of your
application for a building permit, which was received by this
office on May 1, 1989. A review of the application finds that the
proposed addition will be less than the required 10' setback from
the side lot line and therefore needs a side setback variance in
order to continue.
A copy of the variance application is enclosed for your use
should you wish to apply for a variance.
Review of your application can not continue until a variance
is approved. The deadline for variance applications for the June
19th Planning Commission is noon on Friday, May 26th. The
earliest anticipated Council approval date would be Monday, July
loth.
Please contact me at 473-7357 if you wish to discuss this
natter.
Sincera1
'*7 0-2�v
Michael P. Gaffroh,
Asst Planning c Zoning Administrator
MPG/tln
Enclosure
cos Jim Bowers, 290, Casco Point Rd, Wayzat
S('ILDINGS ZONING - 4'Y7317 • aD4MIS (RATION A FO.WCF - 47) 7318 • PI BLIP MORNS-47373S9
ASSESSING
To: Mayor Grabek i Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
Pram: Michael P. Gaffron, Asst Planning S Zoning Administrator
Date: June 15, 1989
Subject: 41419 J. K. Bowers, 2905 Casco Point Road -
variance - Public Hearing
Zoning District - LR-IC, Single family lakeshore residential, 1/2
acre, sewered
Application - Request for hardcover, side setback, and average
lakeshore setback variances to construct addition and decks
to existing residence.
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Survey
Exhibit E - Survey with Staff Notes
Exhibit G - Hardcover calculations with Staff Notes
Exhibit H - Excerpts from Construction Plans
Pertinent feats -
1. Applicant is proposing to construct a small addition to
house a spa, with balcony above. Also, decks are proposed
being approximately 2-3' platform height above grade. Note
that applicant's contractor had removed the pre-existing
deck in anticipation of building permit issuance, then found
out that variances were necessary.
2. The following variances are required in order for
applicant to construct the proposed additions:
Existing Req'd Pr Variance 8.9
Side Setback 8.� I0'
Average Lake Setback -
a) with Optional Patio no encroachment 4' encr. 4'
b) without Optional Patio no encroachment 15' encr.• 15,
Hardcover, 75-250' 4 32.41 25% max. 34.2% 9.2%
3. Regarding the side setback variance, applicant proposes to
extend the existing line of the house, which is 8.9' from
the side lot line. At this point, the house is about 25'
from the neighboring residence to the west.
Y401r. (Aro I s /J x/5 `27•: > 1 —
Zoning File t1419
June 15, 1989
Page 2 of 3
Regarding the average lakeshore setback variance, please
refer to the site plan with staff notations, Fxhibit E.
Item 1 of that site plan is the 2-story enclosed addition,
which extends 4' past the average lakeshore setback line.
Due to the shape of this addition and the existing grade
elevation above the neighbor to the west, this addition
should have no significant impact on lake views enjoyed by
the neighbor to the west.
Item 2 of the site plan is a deck with platform height
approximately 2-3' above grade, which replaces a pre-
existing rectangular deck. This deck provides recreational
apace as we] 1 as a connection between the side access door
and the south access door of the existing house. Similar to
the 2-story addition, this deck will. encroach 4' past the
average lakeshore setback line. The proposed handrail on
this deck would be about 5-6' about grade, having a slight
potential of hindering some existing lake views enjoyed by
the property to the east.
Item 3 of the site plan appears to be a proposed grade -level
patio, to be either wood decking or some other material.
While technically this area extends 15' past the average
lakeshore setback line, it provides virtually no impairment
of lake views.
5. Regarding hardcover, this property currently has some
hardcover excess in each setback zone, per the following
table:
Zone Area Hardcover Percent Pro6o
4;ad
0-75' 4,
75-250' 10,480 s.f. 3,398 s.f. 32.4% (+186s.f.) 34.2%
253-500' 9,025 s.f. 2,900 s.f. 32.1% 32.11
Applicant proposes to remove the brick fireplace in the
lakeshore yard, and will remove an area of blacktop next to
the driveway that is not needed. This still results in a
1.8% hardcover increase.
Zoning File 01419
June 15, 1989
Page 3 of 3
If necessary, the applicant has other areas of hardcover
that could be removed. There is a stone patio near the
garbage rack beside the garage, and a stone walkway along
the west side of the house. Applicant maintains that while
some of this could to removed, the walkway tends to direct
drainage towards the north rather than directly downhill
onto the neighboring house. Similarly, the existing
blacktop driveway is relatively narrow in front of the
garage, hence while a small portion of it could be removed,
any major removals would start to hinder garage access. The
other option would be to omit part or all of the optional
patio area, which applicant would prefer to retain.
Discussion
The encroachments past the average setback line may not have
a major impavt on lake views enjoyed by neighboring properties.
The proposed addition is approximately 125' back from the shore-
line.
There would appear to he enough excess hardcover in the
driveway in the 75-250' that, coupled with a reduction in the
size of the optional patio, a revision shoul,: be feasible that
results in no increase above the pre-existing oardcover
percentage on the property.
Regarding the side setback variance, it seems appropriate to
continue the existing line of the house, the hardship being the
location of the existing house.
Staff Recossendation -
If Planning Commisjion feels that the proposed additions
will have no significant effect on lakeviews enjoyed by
neighboring properties, that would be a justification for
granting the average Lakeshore setback variance. A
recommendation to approve the side setback variance could be
justified by the location of the existing house. Regarding
hardcover, it may be difficu'- to justify a hardcover increase
since no apparent hardship presents inself, hence a consistent
recommendation would be for concurrent reductions in hardcover
resulting in no increase above the pre-existing 32.4%. This
could easily be accomplished by decreasing the size of the patio
or removing a portion of the driveway and west side walkway.
APPLICATION NO. 1419
CITY OF ORONO
P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 6/22/89
---------------------------------------------------------------------------
TO: J. R. Bowers COPIES:
2905 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: 6/19/89 VOTE: 4 For 0 Against
-------------------------------------------------------------------
Planing Commission recommends the following:
Approval subject to conditions noted below
NOTE AND SPECIAL CONDITIONS:
Planning Commission recommends approval of average setback, vest -side
setback, and hardcover variances to construct additions as proposed,
subject to concurrent removals of hardcover resulting in no increase in 75-
250' hardcover above the existing 32.4%.
Applicant's next scheduled meeting is confirmed as:
City Council Monday July 10, 1989; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission
minutes, they are available from the City Reorder after review and
approval by the Planning Commission.
Tos Mayor Grabek 6 Orono Council Members
City Administrator Bernhardson
Free: Michael P. Gaffron, Asst Planning S Zoning Administrator
Date: July 5, 1989
Subjects 41419 J. K. Bowers, 2905 Casco Point Road -
Variance - Resolution
toning District - LR-IC, 1/2 acre, sewered
Application - Request for average lakeshore setba,•k, side
setback, and hardcover variances to construct add tior and
decks to existing residence.
List of Exhibits
Exhibit A - Planning Commission Action Notice of 6/22/89
Exhibit B - Proposed Resolution
Exhibit C - Memo a Exhibits of 6/15/89
Discussion
Please review the memo and exhibits of June 15, 1989.
Applicant is requesting to construct a 2-story addit .on to the
lakeshore side of his existing residence. Although the addition
will be 130'+ from the lakeshore, the neighboring resiiences are
both set back from the lake such that a variance to average
setback is required. The neighbor to the south whto would be
affected by the average setback encroachment appea,ed at the
Planning Commission and expressed concern about the slde setback
of the proposed deck being slightly less than 10', bit did not
state that he had a problem with the average setback
encroachment.
On the opposite side lot line, the existing house is
approximately 8.9' from the side lot line where a 10' side
setback is normally required, and the proposed addi•ion will
continue the slightly substandard setback on that side. The
neighbor affected by that side setback has not commented.
Existing hardcover on the property is 32.4%. Planning
Commission reviewed -the site plan and recommended ap;roval of
hardcover variances as 11 long no increase in hardcover oceirs above
the existing 32.4%. Tnis can be accomplished by remov-1 of the
existing brick fireplace, a portion of unused criveway
blacktopping near the garage entry, and removal of a f'at stone
walkway and patio area on the west side of the house. The
driveway could also be narrowed somewhat in order to accomplish
the hardcover tradeoffs.
Zoning File #1419
July 5, 1989
Page 2 of 2
The Planning Commission recommended 4-0 to approve the west
side setback, average lakeshore setback, and hardcover variances.
As was noted at the Planning Commission meeting, applicant should
revise the east side walkway slightly in order to meet the
required 10' side setback on the east side.
Staff Recommendation -
Staff recommends approval p,-r the Planning Commission
recommendation, per the attached resolution.
City of ORONO
9 RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2, AND
SECTION 10.25, SUBDIVISION 6 (B)
PILE #1419
WHEREAS, J.R. Bowers (hereina=ter "the applicant") is
the owner of the property located at 2905 Casco Point Road within
the City of Orono (hereinafter "City") and legally described as
follows:
Lot 98, also that part of vacated Lakeshore Avenue lying
between extensions across it of the side lines of Lot 98 and
also that part of the tract of land between said vacated
avenue and the shore of Lake Minnetonka lying between
extensions of the side lines of Lot 98; Lot 109; all in
Spring Park, according to the recorded plat thereof,
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 to
permit the construction of a �-story room addition which will
encroach past the average :.bore setback line where no
encroachment is normally a 1, and a variance to Section
10.22, Subdivision 2 to al'c cover in the 75-250' lakeshore
setback zone in excess of Lire hardcover normally allowed in
that zone, and a variance tc :, _ion 10.25, Subdivision 6 (B) to
allow a side yard setback of 8.9' where a side yard setback of
10.0' is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Counci: of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1419.
2. The property is located in the LR-IC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 19, 1989, and recommended approval of the proposed
variances based upon the following findings:
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
I NO 266C
A) The proposed second story addition will encroach 4'
past the average setback line. This encroachment is on
the opposite sire of the lot from the affected
neighboring residence, and will cause no significant
impairment of lake views enjoyed by that neighboring
property owner. The proposed patio at grade level,
which technically encroaches 15' past the average
setback line will cause absolutely no visual impairment
to the affected neighbor.
H) Existing hardcover on the property in the 75-250'
is 32.4%. The Planning Commission finds no hardship
that justifies increasing above the existing hardcover
percentage, hence any additional hardcover associated
With the proposed additions should be offset by
removals of existing hardcover elsewhere in the 75-250'
zone.
C) The proposed additions are intended to continue
along the line of the existing '.,ouse, which is 8.9'
from the west side lot line where a 10' west side
setback would normally be required. Because the
neighboring residence is approximately 25' away from
applicant's residence, the 1.1' variance will have no
significant impact on reducing open space around the
neighboring residence.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances 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 apply generally
to other property in this zoning district; that granting the
variances 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 demonstrable 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.
Page 2 of 5
City of ORONO
9 RESOLUTION OF THE CITY COUNCIL
NO,
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.22, Subdivision 1 to permit the
construction of a 2-story room addition that will encroach 4'
past the average lakeshore setback line and a grade level patio
that will encroach 15' past the average lakeshore setback line,
and grants a variance to Section 10.22, Subdivision 2 to allow
hardcover in the 75-250' lakeshore setback zone to remain at the
existing 32.4% where only 25% hardcover is allowed, and grants a
variance to Section 10.25, Subdivision 6 (B) to approve a west
side yard setback of 8.9' where r 10' side yard setback is
normally required, subject to the following conditions:
1. Applicant shall revise his east side deck plan to meet
the required 10' east side setback.
2. Applicant shall remove hardcover in the 75-250'
lakeshore setback zone so that hardcover shall not exceed
the existing 32.4%, per the site plan attached as Exhibit A.
Required hardcover removals shall occur prior to footing
inspection for the addition.
3. Applicant is advised that the existing 12'x20' deck
located in the 0-75' zone near the shoreline is a non-
conforming structure and is subject to the ordinances
governing such structures.
4. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (July 10, 1990).
5. Violation of or non -comp!_-. ince with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
tre property.
Page 3 of 5
City of ORONO
9 RESOLUTION OF THE CITY COUNCIL
NO. 2660
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the loth day of July,
1989.
City Clerk Jame t
R. Grabek, ayor
OF MINNESOTA
ss.
COUNTY OF HENNEPIN
Tne foregoing instrument was acknowledged before me on
this loth day of July, 1989, by James R. Grabek 4 Dorothy M.
Hallin, Mayor i City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
No ary Public LA E . SCHEFELER
• bENNfiIN COGl•V
My Commission IFx izes-
Page 4 of 5
City of OROI\ o
RESOLUTION OF THE CITY COUNCIL
NO. -05D
) ss.
COUNTY OF HENNEPIN I
T
On this day of -ELK y 1989
before me s Utft P lic within and for said county, personally
appeared ) K not, iFA'� known to me to be
the person(s7 �e s cribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
1'3 I.AUfI(E K. SCHEFFLER
X ..... ....6-
CCUNTY
Ml ernwiu�un ..nm GLU
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On 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
M" COMMISSION EXPIRES
Page 5 of 5
MINUTES OF THE PLANNING COMMISSION MEETING JUNE 19, 1989
ZONING PILE P1417-ASP CONTINUED
Planning Commissioner Johnson indicated that he had mixed
feelings about this application in that the environment was a
concern, but the proposed ',se was low intensity for this area.
He asked how the Highway 1Ji substation compared to this one?
Mr. Hargraeves explained that the Highway 101 substation was
larger. Brown suggested visiting the site to yet a
better understanding of the level of noise that would be
generated.
Mr. Fraser asked to be provided with data that would prove
that the substation was needed.
There were no further comments from the public regarding
this matter and the public hearing was cics�d.
It was moved by Acting Chairperson Bellows, seconded by
Planning Commissioner Hanson to table this application and allow
the applicant time to work with staff to fully answer and
document the concerns expressed by the Planning Commission and
the residents. Motion, Ayea-4, Nays-0, Motion passed.
11418 0RUND INTEPHMDBNT SC9OOL DISTRICT P278
885 OLD CRYSTAL BAY ROAD NORTH
CONDITIONBL = PONIT/COM SRCIAL SITE PLAN REVIEW
PUBLICS HERRING 10t50 P.N. - 10:52 P.M.
Ms. Lucy Tayor, Mr. William Fenholdt and Mr. Paul Hagen were
present as representatives of the School District.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Building Official Jacobs provided the Planning Commission
with a brief synopsis of tt,e School District's proposal to
construct an addition connecting the Middle School with the
Elementary School.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Brown, seconded by
Planning Commissioner Hanson, to recommend approval of
a conditional use permit for school use. Motion, Ayes-4, Nays-0,
Notion passed.
NOMOE
POINT ROAD
vC HERRING IOs52 P.M. - 11:O5 P.N.
Mr. Bowers was present for this matter.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Assistant Planning and Zoning Administrator Gaffron informed
14
MINUTES OP TEE PLANNING COMMISSION MEETING JONE 19. 1989
ZONING PILE P1419-BONERS CONTINUED
the Planning Commission that the applicant was requesting
variances for hardcover, side setback and average lakeshore
setback in order to construct an addition and decks. Hardcover
in the 75-250' setback area would increase tc 34,2M from the
existing 32.4%.
Mr. Bowers noted that an existing patio and step had been
removed and were not included in the hardcover calculations.
Gaffron advised that the applicant had several alternatives for
reducing hardcover. There is a stone patio near the garbage rack
beside the garage and a stone walkway along the west side of the
house. Planning Commissioner Brown indicated that he would
prefer to see hardcover percentages remain the same. Mr. Bowers
explained that the walkway served as a drainage path that allows
runoff to occur to the north rather than toward the neighboring
property. If a major portion of the driveway were removed, it
would make accessing the garage difficult.
Planning Commissioner Hanson said that he was satisfied with
Mr. Bowers' proposal as is.
It was moved by Planning Commissioner Hanson to recommend
approval of the hardcover, average lakeshore setback and side
setback variances subject to removal of the front fireplace. The
hardship being that the house is located in such a way that
placing the addition in any other location is precluded. There
was no second to this motion.
It was moved by Planning Commissioner Brown, seconded by
Planning Commissioner Hanson, to recommend approval of
application 41419 provided that hardcover does not exceed 32.4%.
Motion, Ayes-4, Nays-0, Motion passed.
P1422 DAVID RRRITRn
2755 CASCO POINT ROAD
VARXAN=
PDRLIC gaARING 11:10 P.M. - 11:40 P.M.
Mr. and Mrs. Breitner were present for this public hearing.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Assistant Planning and Zoning Administrator Gaffron
explained that there is an existing house on this property that
was abandoned 15 years ago. The applicant is proposing to build
the house closer to the lake, however there will be no need for
an average lakeshore setback variance. This is due to the
adjacent property owner,Mr. Putnam being granted an average
lakeshore setback variance for a gazebo. The applicant is not
proposing to have a back up apron. Gaffron had spoken to the
Public Mork■ Director who indicated that there is quite a bit of
gravel area in front of the existing garage on the right-of-way
which could serve as a back up apron if necessary. There is a
retaining wall that in shown to extend 2' into the Peterson's
15
APPLICATION NO. 1419
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 7/14/89
---------------------------------------------------------------------------
TOt J.R. Powers COPIES: Cal Jacobson
2905 Casco Point Road Metro Nome Improvement Cent-r
Wayzata, MN 55391 3960 Beau-D-Rue Drive
Eagan, MN 55122
---------------------------------------------------------------------------
TYPE OF APPLICATION: Variance
---------------------------------------------------------------------------
DATE OF NEETINGt 7/10/89 VOTEt 5 For 0 Against
---------------------------------------------------------------------------
COUNCIL ACTION - NOTION:
To approve per the finings and conditions of the resolution
attached.
Variance Approval is limited to the extent shown on approved plan and
as noted in the approval resolution. Changes in approved plans are subject
to further review by the City. Variance approval expires one year after
date of approval if a permit is not issued.
Building permit is required - call Building Inspector regarding statue
of application.
If you d.�sira certified copies of the official Council minutes, they
are available from the City Recorder or City Clerk after review and
approval by the City Council.
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Plat of Survey �{j1„te ���`.y'•,�;�;
for A. C. Bolsineer
of Lots 98 and 109, Spring Sark
Hennepin county, rannesots
3sa att.:chsd d.':rain_ for ;r0gone6 house
cons and loc Lion m pr2asmt house—
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Certificate of Su -Vey:
I he:e"_;: certi.y that this Is a true -nd correct representation
of a surve7 of the boundaries of Tuts 93 and 109, Spring JLrk, and
of thr location of a:1 bulldinEe tY.rreon, and all visible encroach—
, meets, if en?, frc.m cr on said lend. As surveyed D_ at thia'fint
day o. May, 19'a.-
'� ... - Ms. S. Kelley Ila. 1 _
Bruce A. Kellrr P.ee. No. 5717 ,
Sale: V 50' - -
- Bate : My 1. 1958 KMEY 6 KELLF", EmCineers - -_
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Flat of Survey �j{ as� n yJ^ ne' g9
for A. C. BolalnCer MIC ii'{:i ltM,Oro
of Lots 38 and 109, Spring F9ri
Hennepin County, Minnesota
Sea :tt•:che,i :::rain_ for ;ropoced sauce TR
move crd locstion of „ ise.-,t house- •' +;\`o
deptic tsr.7:,well, drsina-•e apstem-etc. 1,
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Certificate of Survey:
I heretr certiey that thla Is a true end correct representation
of a survey of the boundaries of Lots 73 and 109, Spriry Ftrk, and
of the location of all buildinfe thereon, and all risible encroach-
menta, 1_e en-r, from or an sair: land. As su.",yee. b- me this' first
day of My. 2M. r
i....n.V . 1,
Ib. S. Kellay,, � Fef. No. 1342
Bruce N. Kelley Fef. No. 5713
Scale: le - 50,
Sate : My 1, 1958 KFLLEY & KELLEY, EnClneers
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