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Home My WebLink AboutInfo re variance/home occupation/apt . � O� O,jj- O � a�;� �-� ,� CITY of ORONO � �� y �� '�� G,yFr Municipal Offices I �� .�9� v,�y�e„��¢.� Street Address: Mailing Address: k'EgHO 2750 Kelley Parkway P.O. Boz 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Apri16, 1998 Ted Rozeboom 2961 Casco Point Road Wayzata, Minnesota 55391 Dear Mr. Rozeboom: I have received your application for a"renewal variance". In August 1995 you applied far a variance to use the property at 2965 Casco Point Road as a home office for consulting and an apartment for family. On October 11, 1995, you requested withdrawal of the application after the Planning Commission voted 3-3. Because a variance was not granted, no variance can be renewed. The Orono Zoning Code does not allow home occupation to be conducted in accessory structures. To allow an office in an accessory structure would be a use variance. The state statutes prohibit municipalities from granting use variances. However,you could appeal my decision to the Planning Commission and City Council. If you wish to file an appeal, you need to provide a letter requesting to be placed on the Planning Commission agenda along with an application to appeal. I am returning your $150 check for a variance renewal. If you have any questions, please call me at 473-7351. Sincerely, � �� Elizabeth Van Zomeren City Planner/Zoning Administrator EVZ/ch Enc. Telephone (612) 473-7357 • FAX 473-0510 �� I,�=� — _ __ �-�.-�r,�;_�--�� _ .�-.,.,,�- �-��..-.�� 1. TED OR DEBI ROZEBOOM �s ia2s�s�o " LIC. R-215-792-751-290 6040810 2 5 6 5 �� 2967 CASCO POINT ROAD PH. 612-471-7595 i� � �� WAYUTA, MN 55391 � `� c DATE "��!I PAY TO THE 4}% - ' ��Y�� ORDER OF_�� L ��O � Q �� /�� , ,: ;�; _ � �lu�n�� no .o � _-�' DOLLARS B�„�',�' °;�� ANCHOR Q B��77� . !]i V 1�HwnoHncnssocunoN w�rL�rA Ia15wm+uBw4wra[.p I. EDENPMIRIE 3B8ReMCqMypr� �f� �.,`I RYYWTII �BSOYMwJWIBrMNqq /' �_ . �'" htF�1� �AL� __------��r�_�[�/�±�� I/ � ' ;; �:0910 L4 Z67�: 6040B �Oi�' 2565 �1, � � �- .__. _._— -_ __' _ ' — _ —_ " �� ;� l a 1�� 22 April 1998 ; ,. ,. ,.,; .�-a Mr. Lyle Oman, Building Official City of Orono Re: Variance for Home Business, 2965 Casco Point Road, Wayzata Dear Mr. Oman: I have received your letter dated March 12, 1998 regarding violation of the City of Orono Municipal Code for operation of a business in a residential zoning district. As you know, I requested a variance in 1995 for a home architectural practice. With only a 3-3 vote from the planning commission, I withdrew our variance application. I believe two of the reasons for rejection were ownership and mixed use. It was not acceptable to have the property owned by my mother-in-law, Josphine Knudson, as opposed to myself. In addition, I was officing in the lower level with renters in the upper level. Both of these issues have been resolved. We have no renters and I will assume ownership within the next few weeks. It is my hope that with these changes, I may pursue a variance again. As you probably are aware, I have been communicating with Liz Van Zomeren as to how to proceed with the variance. With her advice, my first step is to present my case at the May 11 � City Council meeting. In case this hearing does not go as I hope, I have started T.J. Haislet of Burnet Reatly in Wayzata on a search for a small commercial property for relocation of my practice in the Wayzata, Excelsior or Chaska areas. I would be most disappointed if this became a necessity, however. In the meantime, I will continue to improve the property for use as a single family residence for my Mother-in-law or son through permits with the City of Orono. At the same time, I will seek a final decision from the City of Orono. I hope that this will be acceptable. I assume a resolution will be achieved in either case within the next several weeks. Sincerely, Ted Rozeboom 2967 C co Point Road � -_� � 23 June 1998 Mr. Lyle Oman, Building Official City of Orono Re: Update on home office use for 2965 Casco Point Road, Wayzata Dear Mr. Oman: Hav=nb aYPeared beforP the C;ry �o�:nci? to present my cuse and attende�? a planning commission worksession on the updating of your home occupation ordinance, it is now apparent that a use variance allowing me to practice architecture is not a possibility. The alternatives that would bring my practice at this address into compliance without a variance are limited. However, some of the noncompliance issues have been resolved, i.e.; ownership of the property by myself (previously my mother-in-law) and single office use (previously renting the upper level and officing in the lower level). As I understand the ordinance, the remaining noncompliance is the fact that this is not a primary residence. I can accommodate this by moving across the driveway to the 2965 address, which my wife and I have agreed to do, however, this is at best a temporary solution. My long range solution is to move the practice to Excelsior or Wayzata. I have commissioned Burnet Realty of Wayzata to find acceptable office space. This should not take more than two to three months. I would appreciate your patience this summer as I pursue this solution. Sincerely, Ted Rozeboom 2967 Ca Point Road ,.. �,. � , .. �,,,� -=-��32 Ted Roreboom Architects � � '+ �- � �x� � u, 2965 Casco Point Road � ��`� ,�-� � � '��•� Wayzata, Minncsota 55391 � _ . b T • R • A I�.� ...- - �... �f� ✓' �.. " _ �"�r+ ^ � a..�'�'+�F� - :�� 2 71i98 C� ��'D�� 215a �I �a�� o. �x r�� ► �� d�'0�10, Mn. 553��3- OO�iCo �:�:�2:1/r�c..>�,,F,, I:I�Ii�l�I��il��l�l��lI�II��ll��ll��ll��ll��i t S � - T� �- I aw c�,e� v�,u�- �Q�w u�- U4��aMc� — Iti,v�,, wts� � � L� � , 1; . ' Application # Date Received Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ' ($50.00 per each additional variance) Y Renewal Variance Fee $150.00 - . •,�r�;,,�+,{, ,.�� ,;�, : (no change from original application) ; � ' ;'��',;�`��:% Variance for non-conforming structures $250.00 . ., After-the-Fact Fees (Double application fee) PROPERTY INFORMATION • �� C i te Address ��t�5 Gl�cd Qb�uT� y Property Identification Number (P.I.D.) Attach legal description to ap lication if not included on required survey. Date Property Acquired�(`rp(��'(� (��4 (month/year) I do (do not) also own the adjacent parcels of land. Present use of property: residential ✓ other (specify) ��, (}�'(�C, Zoning District: APPLICANT Phone (home) ��_ Name �j(� Phone work) ��•tj� (��_ Address: City: Zip:�� OWNER (if different than applicant) Phone (home) Name �(� j�l� G4fl (�C. � Phone(work) Address: �- City: Zip: DESCRIPTION,OF REQUE T Estimated Gbn$truction Cost $ DescriYra Y� u2st'' detail: � ► . (attach �dditional shPets if n_ecess?*y) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Sefback;' .` Front Side � � • �.� Rear ' _ Average Lakeshore � Other (specify) (�,�P (�S �,Q� Q�C�7�C�11I/�' ��I�iC. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusua pro erty conditi ns prevent'ng compliance with�Zoning Code reqi.yirements: b ' I� 0 6 ' b � k►�,�, ,�„� (��a�+l�_�,( tta additional sheets if necessary) '�u^�"' � '"'v �Yh�' J ' 7 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your a�lication to be considered complete: 1. ✓ Completed Application Form 2. � , ertified Property Owners List of owners within 150', labels and plat map (you S� � O!�lrU�ust obtain this list, labels and map frorr} Hennepin County Department-.of �<<� Finance, A-603, Govt Center, 348-3271). �` 3. � Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8`/2" x 11" for reproduction. �� 4. �/ Topographic survey (existing and ,Rropo,se�,alev�in�s� if,any changes in existing grade at�e p:�posed. Ir� additio�, p'ro�%ide d�ie �1)�co�y` 8`/2'' x=1•1" far reproduction. 5. _ Sketches or plans of floor & elevation views (provide one (1) copy 8'/z" x 11").. 6. _ List of the legal names (include ma�;�l status),of all persons with an interest in the property. This would include naine f s) o�f appl�icant(s) if not current owner(s). 7. _ A�•an�add��dum to this application, please attach a separate list of any�other persons yo�i�wish notified of this application. 8. _ Additional items as may be requested by City staff. , ;`�`_,'`. `:}, The Appli�ap� �i�l� Property O�vner must sign this applicati,�n.,,,P1e�ase� rern�ber that � varian . ' �ic��tion is not com le�e if the above� informati� � •1��5 no� " ' included. � , , , , j' ' .�a. . -; :w: � , . . . � ��'�. !'�.. . APPLICANT'S SIGNATUR� ` The applicant hereby agrees to provide all informatiou,.required or requested by the Zoning Administrator, agrees to pay additional fees (�taf€time�nat��ov��ed b� o�i�i�i�l fee payment) and/or consultant expenses incurred in revie�V of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. � � . '_:' •��r �k• '' _+ ��._�� A�p��icaiit;s Signa�ture" `�` � ' •� Data �,�t� =3� :�;'.;� �., +,.. ...,. ,,1,�:t`' ,s . � OWNE12'S SIGNA'�tiltE The owner hereby acknowledges 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 investigation and verification of this request. � Owner's Signature Date � d },•.:, . - : ' ' . �r . . Applicant must have 'a�Ti s�bfrjittats into��thes��City� �f�'ic��=2S5''•days befare 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 'mak�_�rrangements to l�ave an authorized a�ent attend in your place and to advise the Building &.�oning Offce,b�thi��.change •prior,to't�E j�neeting � � � . , ,4, � . ,�. � , + `.� .. a. -�. � 1 • , . : . �� ^' . . . � . . �`•�• ti t , ♦ �1•l i �' _( 's ,�' � �� \' � ' . � . / � $ ; � y' ` "� � ' r � �.tc �.1j- �..t;( i. � }:.1.,i;� :s� . Adjacent Property Owners' Acknowledgement Form I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at� also referred to as Land Use Application No. I (we) understand 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. Property Owner Date Property Owner Date . ***************�x*************�**:��:��:��*��*��X*:��*********** I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand 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 Councii �hat I (we) am (are) aware oi the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner 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 & Zoning Office at least 10 days prior to the scheduled meeting date. • 9 e . • 1 CITY OF ORONO - VARIA��tCE APPLICATION Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORiviATION Site Address Z�i(fr'J �SCD POU'1fi � , G.�(-l.U12C�� , �Y1- r'.�J3°�� Properry Identification Number (P.I.D.) Attach legal description to application if not included on required survey. Date Property Acquired �Gfi�Z('� ��R�- (month/year) I �) (do not) also own the adjacent parce� of land. Present use of property: ✓� residential �/ other (speciry) yjp{�,tQ, � y�, Zoning District: APPLICANT Phone(home) a-��--'1rj��j Name (� p 1V1 Phone(work) �(-�I -�1 Q� Address: ��f�� CGSCC) i�1fi t�G� City: ��_� '(�(I• Zip: 553 l OWNER (if different than applicant) Phone(home)��/�{' �l5•2��Z�10� Name 1�1Z �t'lU,(�SO('1�,�'�• • � Phone (work) � Address: Q� C City: (,�,(, � ��. Zip: ��3�1__ DESCRIP'TION OF REQUEST Estimated Construction Cost$ Describ requcst in detail: � S �5 �- � � 1 (attach additional sheets if necessary) VARIANCES REQUIItED Lot Area Lot Width Hardcover Lot Coverage Setback: Front Side _ Rear _ Average Lal:eshore �/ Other (specify) (.1,5� O�S ��'1� �TT�II.� �CY' �SU��1�1A � Ct�YY�� f' `�Z,i�'Y��►� HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual pro e� conditions preventing compliance with Zoning Code requirements: �'� Ll,�"(.t�.�'�P.�. ��Jl�b - (attach additional sheets if necessary) 7 REQUIItED SUBMITTALS All of the follo�vina information must be submitted bv the annlication deadline date_in order for vour application to be considered comalete: 1. ✓Completed Application Form 2. �Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). — a � ��' 3. �lat Map (obtained with property owners list). 4. � Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'h" x 11" for reproduction. 5�--=='��;,pographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (i) copy �'iz" :: �l" ior reprcductior.. 6. Sketches qr plans of floor & elevation views (provide one (1) copy 81/z" x 11"). 7. List of the �legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not cunent owner(s). 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 9. Additional items as may be requested by Ciry staff. The Applicant and Property Owner must sign this application. Please remember that vour variance a lication is not com lete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant 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 Date � / OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonabie entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and ver' ication of this request. . Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Plannin� 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 anangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 CITY OF ORONO Application Date: p.p. Box 66, 1335 So Bsown Rd Date License Approved: Crystal Bay, A'a7 55323 Date License Expires: APPI.ICATION FOR ANNIIAL HOA� OCCIIPATZON LICERSE �ua3lReviewWFeee- $30000� � f�'��._... NAME: • PHON�: r � '� � ' �......� n ADDRESS : ' • CITI': -- I� No. of Emp3.oyees within operation: � r . , . . � Provide list of names of emp�oyees on back of this app�i;Ca�.ion. � � • . • �,JAIV 1 Type of Business to be Operated: G � �"�"b . License �ay be revoked if aay vio3ation occurs. City staff shall have"fi�-e- (5) business days in which to investigate and make a recommendation pnrsua.nt to Orono Municipa3 Code Sectian 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10 3 husiness davs_ The licease application With staff reco�endation will be 'scheduled before the Council at the nsxt reaularly scheduled meeti.ng heid on the second a.nd fourth Monday of each month. ORONO MIINICIPAL CODB RBGUI.ATIONS ON HOME OCCIIPATIONS PIIRSIIANT TO SECTION 10.20, SIIBDNISION 4 (C) � Prohibited Home Occupation Practices. 1. It is unlaw�ul for any business cpera�ing as a home occupation to engage in operation withc•�t proper ?icer.ses. 2 . A1� persons engaged in the business rnust reside in the dwe�ling. 3. No commercial signs pe�mitted other than signs permitted in tne residential. zone. 4 . -No -excess�ve stock in -trade may be stcred on the premises. _ _ _ 5. Over the counter retail sales is not alZowed. 6 . Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipa� Code and any additiona3 conditions the City inay require. Signature of Applicant: �i�-`��8�� - Date: ____________________________________________________________f=�____________ FOR CITY IISE OMLY: After review of application, sta`� recommends tne �ollowing: Approval cf �icense Denial o� Lice_^.se Signature of Zoning Official: �z`�' Signature of Fire Inspec�or: Da�e: i'1 L?L!T _'Y.':L�V ...._.:!7 [L ..... :V! � 3.z5�oS d I,ISTIIJ6. QF EMPLOYEES: NAME: ��.L ll�� NAME: • ' ' .. ...y: ' Q�• � • . ' . ADDRESS: ��Q�� '�vl ADDR$SS: CITY: ZIP:_i2y[�-j— CITY: ZIP: DATE OF BIRTH:,� �1'1'��' a ' , ' , '. . . . . ,�DATE OF BIRTH: NAME: NAME: ADDRESS: � ADDRESS: -- ZIP: CI^1�: ZIP: CI TY: ' DATE OF BIRTH: DATE O� BIRTH: NAME: NAME: ADDRESS: ADDRESS: CI T`_': ZIp: CTy'�'' ZT�• DATE OF BIRTH: DATE OF BIRTH: ADDRESS : ADDRySS: ZTp. CTTy: ZIP: CITY: DATE OF BIrZ'"H: DATE OF �TP•mg; F .� • . {... . ji t• , v . � . . . ,`r.�.��, ... .'4�e . TO: Jeanne A. Mabusth, Building & Zoning Administrator FROM: Lyle Oman, Building Official DATE: April 26, 1995 SUBJECT: 2965 Casco Point Road - Home Occupation License Application On January 17, 1995 Ted Rozeboom of 2967 Casco Point Road submitted a building permit application to remodel the lower level of a house at 2965 Casco Point Road. When I accepted the application, I noted that the space was proposed to be set up as an office. I then informed Mr. Rozeboom of the City's home occupation ordinance. He stated that he was a principal in a firm downtown and did not plan to work out of the space but would take the application with him "just in case". A plan review was completed on January 12, 1995 and the permit was issued on January 19, 1995. On January 18, 1995 the City received the home occupation license application. The application was held until the space was finished. On Apri125, 1995 a final inspection of the space was scheduled. The inspection was conducted by Bruce Vang and myself. The space is set up with two work stations and a meeting table in the center. Mr. Rozeboom was not present at the time of the inspection but there was a person working at one of the work stations. The applicant does not comply with the following home occupation license requirements: 1) All persons engaged in the business must reside in the dwelling. Mr. Rozeboom resides next door. The employee working on site may live in the upstairs of the building but was not listed on the application. 2) Entrance to the home occupation must be gained from within the structure. The space is accessed from doors directly to the exterior. 3) The applicant is using the space now without a home occupation license. ch 1 � �� /" O_\ ,�' �'� ;;'O O � ��y �� - CITY of ORONO '� ,f!��.�'"t-�'" � Municipal Offices �`'��,� ��'��+Y� �,�6.� �� ;�,� ��.:��,.;-.t .� Street Address: Mailing Address: ��`9.Ft' '"��p4":� 2750 Kelley Parkway P.O. Box 66 � ESH . ��i�� Orono, MN 55356 Crystal Bay, MN 55323-0066 May 1, 1995 Ted R. Rozeboom 2967 Casco Point Road Wayzata, Minnesota 5�391 Dear Mr. Rozeboom: I have been asked to review your application for a home occupation license for an architectural consulting business use located at 2965 Casco Point Road. Your residence is located at 2967 Casco Point Road. Your application poses several violations or issues that must be addressed before a home occupation license can be considered by the City Council. At the time the building permit was issued for the renovation of the residence at 2965 Casco Point Road, the building official provided you with a home occupation license application that set forth specific standards under which a home occupation can be operated from a residence. Upon a recent inspection by the staff, they noted that at least two desk units and conference table with chairs were located ��ithin the office area. Staff also advised that the building contains both upper and lower level residential living areas. In reviewing our files, it appears that both properties at 2965 and 2967 continue to be independent and have not been legally combined for tax purposes. The following listing reviews either violations or potential zoning issues concerning your proposed business/commercial use of the residential property located at 2965 Casco Point Road: - l. The property is zoned residential, LR-1C, Lakeshore Residential, single family residential uses only are allowed. Your commercial use of the property located at 2965 is in violation of the residential zoning of the City and of State Statutes. The commercial use would be considered a "use variance" and State statute prohibits the granting of a use variance. Your business use of the property at 2965 cannot qualify under the home occupation license and is considered an independent commercial use. 2. A home occupation is considered an accessory use and per the zoning code must be conducted within the principal or homestead residence of the individual. Telephone (612) 473-7357 • FAX 473-0510 . � Mr. Ted R. Rozeboom May 1, 1995 Page 2 3. If you were to legally combine the properties, the second residence on the property would be in violation of the code unless that residential unit was to be used for non-rental purposes such as a guest house use. A guest house or non- rental apartment requires a conditional use permit. 4. Based on the inspector's observation at the most recent building inspection, it appears that you retain an employee. The home occupation license application cunently states, "All persons engaged in a home occupation business must reside in the dwelling." I would recommend that you contact the staff at your very earliest convenience so that we may arrange a meeting at the City offices to discuss the violations of the code. Staff has enclosed specific sections of the code that will cover the issues discussed above. Sincerely, �,� �� ,.�e-�� Jeanne A. Mabusth Building & Zoning Admuustrator JAM/ch Enc. cc: Lyle Oman, Building Official Bruce L. Vang, Field Inspector