HomeMy WebLinkAbout03-17-2008 Planning Commission Packet \_
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PUBLIC ATTENDANCE
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FILE#08-3335
12 March 2008
Page 1 of 3
Date Application Received: 10/23/07
Date Application Considered as Complete: 01/11/08
60-Day Review Period Extension Expires: 05/11/08
To: Chair Kempf and Planning Commission Members
Ron Moorse, City Administrator
From: Melanie Curtis, Planning &Zoning Coordinator
Date: 12 March 2008 .
' Subject: 07-3335, Douglas & Margaret Franchot, 2010 Colin Drive
• Accessory Structures ahead of Principal Structure Variance
• Pubfic Hearing .
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Zoning District: RR-1 B, One Family Rural Residential, 2-acres/200' width
Lot Area: � 1.94 acres/84,639 s.f.
Lot Width: 368'
Application Summary: The applicants have revised their request slightly, but are
continuing to request a variance to allow construction of an in-ground swimming pool
with a ool buildin to be located closer to Colin Drive than the rinci al structure.
Staff Recommendation: Planning Department Staff continues to recommend denial of
the setback variance for the pool and pool building as requested as alternate locations
are available.
Pertinent Zoning Ordinance Sections
• 78-9434 Area Restrictions
• 78-9435 Location �
` List of Exhibits
Exhibit A - PC Report of 01/16/08 �
Exhibit 8- Revised Survey
Exhibit C- Revised Landscape Plan/Sketch �
Exhibit D- Color Rendering
Exhibit E- Letters from Neighbors
� Exhibit F- PC Action Notice dated 01/25/08
Exhibit G - PC Minutes from January 2008
Background .
The Applicants brought their initial variance request before the Planning Commission in
January. At the January meeting the application was tabled. The Commissioners
expressed a variety of thoughts about the proposal and the direction given did not
represent a consensus. The Planning Commission Action Notice, sent to the Applicants
following the meeting, is attached as Exhibit F and summarizes the direction given.
The Applicants are continuing to request a variance to construct an in-ground swimming
pool on their property along with a 34' x 12' multi-purpose pool building situated with the
34' length facing Colin Drive. The existing home is located 130 feet from Colin Drive.
The required front yard setback is 50 feet. They have requested a variance to allow
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FILE#OS-3335
12 March 2008
Page 2 of 3
construction of the pool 75' feet (10' closer than previously proposed) from Colin Drive
and the pool building 50 feet (9' closer than previously proposed) from Colin Drive; both
meeting the front yard setback but still ahead of the principal structure.
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LOT ANALYSIS WORSHEET
Lot Area/Width:
RR-1 B Lot Area Lot Width
Re uired 87,120 s.f. 2 acres 200'
Actual 84,639 s.f. 1.94 total acre 368'
Accessorv Structure Setbacks:
RR-1 B Re uired Existin Pro osed
130' home No change —home
Front 50' 75' pool
50 00l buildin
63' home No change - home
Rear 50' 142' pool
171' ool buildin
144' home No change - home
West Side 30' 78' pool
. 74' ool buildin
127' home No change — home
East Side 30' 245' pool
• 245' ool buildin
Structural Coveraqe:
The lot is nearly 2 acres, which places it outside the structural coverage limitation.
Hardcover Calculations:
The applicants' property is not within the 1000' shoreland overlay district; hardcover
restrictions do not apply.
------------------------------------------------------------------------------------
Variance: Accessory Structures ahead of Principal Building
The applicants' home is set back considerably farther than the required front yard. This
poses a problem when attempting to locate a location for an accessory structure. The
proposed pool will not add to the massing on the property as it is proposed to be in-
ground. The proposed pool building consists of 385 s.f. and will be located streefinrard of
the pool to offer screening for the homeowners from the street.
This property is served by an on-site septic system as opposed to City sewer. City
sewer is not an option as the property is not located within the MUSA. Therefore prior to
allowing the applicants to use up potential septic treatment area in their yard the City
must be satisfied that sufficient alternate septic locations are identified. Willie Gibbs,
-- the City's Septic Manager, has reviewed the revised, proposed plans and has deemed
them acceptable.
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FILE#08-3335
12 March 2008
Page 3 of 3
Planning Staff has not changed the position of recommending denial. A conforming �
location exists behind the home where a pool can be constructed and does not require
variances. The Applicants' have reasonable use of the property in the home. A pool is ..
an amenity and considered a luxury item. To grant a variance for the location of a pool
on this property is in direct opposition to intent of the Zoning Code. . ,
Issues for Consideration
1. Does the Planning Commission feel that the applicants have reasonable use of �
the property without the pool and pool building?
2. Is the Planning Commission satisfied that there is no other appropriate location
for the pool which would meet the required setbacks? '
3. Does the Planning Commission feel that the proposed pool building is
reasonable, and in a reasonable location?
4. Does the Planning Commission feel that screening is necessary? If so, what
type?
5. Are there any other issues or concerns with this application?
Staff Recommendation �
Planning Staff recommends denial of the setback variance to allow the in-ground pool to ,
and pool building to be constructed closer to the street than the home. Should the
Planning Commission feel that the proposed location is appropriate; the Planning
Commission should outline the specific findin.gs for approval.
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' � PC Exhibit/}
_ FILE#08-3335
16 January 2008
Page 1 of 4
Date Application Received: 10/23/07 �
Date Application Considered as Complete: 01/11/08
60-Day Review Period Expires: 03/11/08
To: Chair Kempf and Planning Commission Members
• Ron Moorse, City Administrator
From: Melanie Curtis, Planning &Zoning Coordinator
V
Date: 16 January 2008
Subject: 07-3335, Douglas & Margaret Franchot, 2010 Colin Drive
• Accessory Structures ahead of Principal Structure Variance
. • Public Hearing •
-----------------------------------------------------------------------------------
Zoning District: RR-1B, One Family Rural Residential, 2-acres/200' width
Lot Area: 1.94 acres/84,639 s.f.
Lot Width: 368'
Application Summary: The applicant is requesting a variance to allow construction of
an in-ground swimming pool with a pool building to be located closer to Colin Drive than
the rinci al structure.
Staff Recommendafion: Planning Department Staff recommends denial of the setback
variance for the ool and ool buildin as re uested as alternate locations are available.
Pertinent Zoning Ordinance Sections
• 78-1434 Area Restrictions
• 78-1435 Location •
List of Exhibits
Exhibit A - Application
Exhibit 8 - Hardship Documentation Form
Exhibit C- Additional Information from Applicants
Exhibit D - Proposed Survey
Exhibit E- Proposed pool sketches
Exhibit F- Property Owners List
Exhibit G- Plat Map
Background
The property owners are proposing to construct an in-ground swimming pool on their
property along with a 40' x 14' multi-purpose pool building. The existing home is located
130 feet from Colin Drive. The required front yard setback is 50 feet. They have
requested a variance to allow construction of the pool 85 feet from Colin Drive and the
pool building 59 feet from Colin Drive; both meeting the front yard setback but still ahead
. of the principal structure.
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FILE#08-3335
16 January 2008
Page 2 of 4
------------------------------------------------------------------------------------
LOT ANALYSIS WORSHEET
Lot Area/Width:
RR-1 B Lot Area Lot Width •
Re uired 87,120 s.f. 2 acres 200'
Actual 84,639 s.f. 1.94 total acre 368'
Accessorv Structure Setbacks:
RR-1 B Re uired Existing Proposed
. 130' home No change —home
Front 50' 85' pool
59' ool buildin
63' home No change - home
Rear 50' 110' pool
165' ool buildin
144' home No change - home
West Side 30' 74' pool
64' ool buildin
127' home No change —home
East Side 30' � � 260' pool
260' ool buildin
Structural Coveraqe:
The lot is nearly 2 acres, which would place it outside the structural coverage limitation.
The existing structural level is 3.1% and the (un-roofed) pool is not included in the
structural coverage calculation. The pool building square footage would raise the
structural level to 3.8%.
Hardcover Calculations:
The applicants' property is not within the 1000' shoreland overlay district; hardcover
restrictions do not apply. ,
------------------------------------------------------------------------------------
Variance: Accessory Structures ahead of Principal Building
The applicants' home is set back considerably farther than the required front yard. This
poses a problem when attempting to locate a location for an accessory structure. The
proposed pool will not add to the massing on the property as it is proposed to be in-
ground. The proposed pool building consists of 560 s.f. and will be located streefinrard of
the pool to offer screening for the homeowners from the street.
This property is served by an on-site septic system as opposed to City sewer. City
sewer is not an option as the property is not located within the MUSA. Therefore prior to
allowing the applicants to use up potential septic treatment area in their yard the City
must be satisfied that sufficient alternate septic locations are identified.
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FILE#08-3335
16 January 2008
Page 3 of 4
The applicants' existing site runs along the western edge of the driveway and Colin
Drive. This has been identified as a non-conforming system and it must be abandoned.
The applicants' survey identifies one potential septic treatment location however an
additional location is necessary as the existing area must be abandoned. Evaluation of
septic treatment areas is difficult or impossible in the winter.
Hardship Statement
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Hardship Analysis
In considering applications for variance, the Planning Commission shall consider the
effect of the proposed variance upon the health, safety and welfare of the community,
existing and anticipafed trafific conditions, light and air, danger of fire, risk to fhe public
safety, and the effect on values of property in the surrounding area. The Planning
Commission shall consider recommending approval for variances from the liferal
� provisions of the Zoning Code in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property under
consideration, and shall recommend approval only when if is demonstrated that such
actions will be in keeping with the spirit and intent of the Orono Zoning Code.
Regarding the location of the existing home it might be reasonable to consider allowing
the proposed location for the pool and pool building; however staff would argue that
there are alternate locations to construct the pool and pool building meeting the
. . setbacks, as shown in Exhibit D3. Additionally, the applicants have current and future
septic needs to consider. Staff would argue that the applicants have reasonable use of
the property and that providing for sewage treatment must be considered above a pool
amenity. If there is not an appropriate location for a pool and septic treatment areas the
septic treatment areas must prevail. While one may argue that the proposed treatment
area shown on the sunrey has the potential to provide 20 years of treatment for the
property, this subdivision does not fit into the City's current public sewer connection
plans.
Additionally, timing of the Council review is another issue that must be discussed.
Considering the limited schedule for PC review, Staff feels that it is reasonable to bring
the variance request to the Planning Commission prior to receiving information regarding
an alternate septic treatment site provided that the application doesn't move forward for
final approval to the City Council until a secondary. site is identified unless the
recommendation from the Planning Commission is for denial.
Issues for Consideration �
, 1. Does the Planning Commission feel that the applicants have reasonable use of
the property without the pool and pool building?
2. Should the future septic treatment areas be considered before allowing a
recreational amenity such as a pool to take up area on the property?
3. Is the Planning Commission satisfied that there is no other appropriate location
for the pool which would meet the required setbacks?
- 4. Does the Planning Commission feel that the proposed pool building is
reasonable, and in a reasonable location?
5. Does the Planning Commission feel that screening is necessary? If so, what
type?
6. Are there any other issues or concerns with this application?
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FILE#08-3335
16 January 2008
• Page 4 of 4
Staff Recommendation
Planning Staff recommends denial of the setback variance to allow the in-ground pool to
and pool building to be constructed closer to the street than the home. Should the
Planning Commission feel that the proposed location is appropriate; the issue of timing
Council review of the application should be delayed until an adequate secondary septic
site is identified. .
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. � ' . Cit of Orono ���,«',G�
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Variance Application .
Streef Address: Application# �$ �3335
�`O� 2750 Kelley Parkway Date Received: (y O
Oy O Orono, MN 55356 Amount Paid: �
Staff: C J
Main: 952-249-4600 Fee: 600
� � fax: 952-249-4616 Renewal: $300 •
�',�, GtiiS' Mailing Address: After-the-fact: $1,200 Double Fee
t`�k,ESHO.¢,� P.O. Box 66
Crystal Bay, MN 55323-0066 ,
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATION: . /
SiteAddress: ,�bto � . .re �.:o � � C� d s S�
Property Identification Number (PIN): � 03° - 2. . — f DB
(Attach legal description to application if not included on the survey.)
Date Property Acquired (month/year): S�_ ❑ Yes, I own the adjacent parcels.
P r e s e n t u s e o f pro pe r t y: �l Residential ❑ Other
Zoning District:
APPLICANT INFORMATION: (Complete legal names and marital status req ' ed for each i terested party)
Name: �o�u �2s � , a,�.c! v� v�. a a�.c1,,.v� ��'r�
Phone (home): � ' � -(� Phone (work): q Z��,-o a$o
Complete Address: 2nlo � �N v'-�� ' � �4�'m� ��
Email: c�oot �'av1���a�SaG � .Ce�r� Fax: �.q�2� ZS3-O6 f �
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: �aw�2 �
Phone (home): Phone (work):
Complete Address: �
Email: Fax:
DESCRIPTION OF REQUEST: Estimated Project Cost: $ � 0 Q OoD
Describe the request in detail (attach additional sheets if necessary): � ,
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REQIJiREQ�S.I�BiV�I.T�ALS: � �
All df�tlie fo�llovving� information must be submitted by the application deadline date in order for your �
application to be processed.
❑ Pre-Application Meeting Form, completed by a City Planner.
Qa Ss C.�mpl�ted Application Form
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r�n. � ���or•npJetetl HardsFiip Documentation Form
����f C'���° YCert'if+��P.roperty Owners List— owners within 150' of the subject property, labels and plat map.
�- List, labels and map may be obtained from Hennepm County Department of Finance,
Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910
S C� Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements
listed wifihin this packet, including hardcover calculations. Two original (scaled) versions and
provide one copy 8.5" x 11" or 11" x 17"for reproduction.
� C�' Completed hardcover calculation worksheets (as provided within the variance packet).
S, C� Topographic survey — including existing and proposed elevations, and proposed grading and
drainage. *For lakeshore properties the contours should be shown extending 50' into the
/ adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction.
L�1 Sketches or plans of floor and elevation views (two scaled and one copy 8.5" x 11" or 11" x 17").
* For "rebuild" or "remodel" projects the applicant should provide an additional elevation plan
illustrating the proposed addition/new home envelope overlapping the�existing. Additionally; all
setbacks should be shown three-dimensionally on the elevation drawings. *see staff for more
informafion. � �
❑ For rebuild and remodel projects a neighborhood perspective elevation view may be required.
*see staff for more information on this requirement.
❑ Additional items may be requested by City Staff depending on the scope of the project. *
APPLICANT'S ACKNOWLEDGEMENT: .
The applicant hereby agrees to provide all information required or requested by the Planning
Department, agrees to pay additional fees (staff time not covered 'in the 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: � The applicant recognizes that helshe is solely
responsible for submitting a complete application being aware°that upon failure to do so, the
staff has no alternative but to reject it until it is complete or to recommend the request for
denial of the request regardless of i potential merit.
Applicant's Signature: ' Date: /%��o'�
Applicant's Signature: .�c(�6�-- Date: _�b� zz)�,1
OWNER'S ACKNOWLEDGEMENT:
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City Staff, consultants, agents, Commission & Council Members for
purposes of investigation and veri 'on of this request.
�
Owner's Sig.nature; Date: �°�'�Z�6�
Owner's Signature: Date: ��zZ�o�
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. PlannEng Commission Meetings are normally held on the third �Monday of each month.
Applicants must be present at all scheduled review meetings of the Ptanning Commission and
Council. If an applicant is unabfe to attend a schedulecJ meeting, please make arrangements to
have an authorized representative attend in place of the applicant and advise the City Planner
assigned to.your.project.
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Page 1 of 3
HARDSHIP DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application
will not be considered complete or placed on any meeting agendas until this form is
complete and submitted to the City. ,
Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be
demonstrated in order for a variance to be granted. The hardship must be unique to the
properly as variances run with the land and not the land owner. Persona!and economic .
sifuations are not considered valid hardships. In order for an appfication to be heard by
the Planning Commission and City Gouncil a hardship having merit must be
demonstrated.
HOW DO I PROVE A HARDSHIP?
This form has 12 points outlining the basis City staff uses to determine if a hardship
exists and how the variance will affect the surrounding cornmunity. To prove a hardship,
address all the relevant points listed below and answer them as clearly as possible. �
,
Since you are requesting the code exception, you have the burden of proving that the
variance is justified. The information the City receives is what is used in determining a �
denial or approval recommendation. If you leave something out it will not be considered.
Please address each of these hardship criteria as they relate to the request (some may
not aPp�Y)� ' . � ' .
1. � "The property in question cannot be put�to a reasonable use if used under
. conditions allowed by the official controls."
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� . 2. "`f'he plight of tFfe landowner is due to circumstances unique� his property not �-���'�e,°
c/reat d by the landowner." , � ' � , �
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3. "The varianr�e, if granted, will_not alter the essential chat�acter of the ocal'ty." ,
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4. "Ecor�omlc considerations aTone shall not constitute an undue hardship if .
reasonable use for the property exists under the terms of the Zoning Chapter."
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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
constcuction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in
harmony with this Chapter." �
��'
� 6. "The Board of Appeals and Adjwstments or the Council may not permit as a
variance any use that is not permitted under this Chapter for property in the zone �
where the aff�cted person's la is located.° � .
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7. "The Board or Council may permit as a va�iance the temporary use of a
- one-famil dwelling as a two-family dwelling." �
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8. "The special conditions applying to the structure or land in question are peculiar
• to such property or immediately adjoining property.;,' � ;
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� 9. " he conditions do not apply generally to other land or structures in the district in
which s id land is located." �
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10. "The granting of the application is necessary for the preservation and enjoyment
of a substanti�l property right of the applicant." _
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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." � . � �
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12. "The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary t alleviate demonstr le hardship or diffic Ity."
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� Hardship Statement
Should you feel the hardship cannot fully be described in the above criteria, describe the
unique hardship, practical difficufty or unusual property conditioris preventing compliance
with Zoning Ordinance requirements in the following lines (attach additional sheets if
necess ry�: � n � f +
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BUILDING PERMIT APPLICATION AND VARIANCE REQUEST ��'�'��G
2010 COLIN ROAD
LONG LAKE(ORONO),NIN 55356 '
BUILDING PERMIT APPLICATION AND VARIANCE REQUEST
� 2010 COLIN ItOAD
LONG LAKE(ORONO),MN 55356
PROPERTY ID:03-117-23-21-OU14 �
L�T IX11,BLOQC(l01,KELLEY GREEN
Project Scope: The project is to construct an in-ground vinyl-lined swimming pool with a
non-insulated,three-season pool house and associafied concrete and
flagstone decldng,fencing,and landscaping. The pool will be
approximately 20 feet wide by 40 feet long,or smaller;the pool house will
be approximately 12 feet wide by 40 feet long(including roof overhangs),
or smaller;and the concxete and Ilagstone decking will vary from 5 feet to
12 feet azound the pooL Attachments I through IV detail the above.
Standards: This project will meet all building standards applicable in terms of set
backs from roads and property lines and location relative to wells and
drain fields.
Hard Surface The lot is 1.97 acres or 77,600 square feet. The proposed project will add
Coverage: approximately 2755 square feet bringing the total hard coverage of the lot
to approximately 9650 square feet or 12.4%,well below the maxim�t 25qa
allowed. See Attachment V. �
Septic System The property has a confornung septic system. The original alternate drain
field site is in the same location of the proposed pool. A new alternate site �
has been identified north of the proposed pool site. This site has been
tested and meets all the requirements for a conforming drain field,
including set backs from lot lines,siructures,and wells. See attached site
evaluation dated 5/29/07(Attachment Vn.
Variance The project does require one variance in that the pool and pool shed,
although confornling in terms of distance&om all property lines,will be
positioned in front of the plane of the street-side wall of the main house
structure(see attachment). The variance requested is to locate the pool and
pool house approximately 65 feet back&om the&ont lot line and 60 feet in
&ont the west lot line and in front of the plane of the front wall of the main
house structure.
Rationale Colin Drive is a curving cul-de-sac with four houses(uLn�mum 2 acre lots).
Houses on the drive are arranged in various positions and none are in a
line wikh any others. The intent of the applicable building code is to
maintain a common fac,ade along streets with several houses set back from
the street along a common plane. The code seeks to protect and maintain a
balanced and common look and prevent intrusions into the fa�ade by
structures and out buildings. This does not apply to Colin Drive.
BUILDING PERMIT APPLICATION AND VARIANCE REQUEST
2010 COLIN ROAD
LONG LAKE(ORONO),MN 55356
Secondly,the main house on the lot is set far back on the lot,
approximately 145 feet from the front line and street and 50 feet from the
back line. This dramatically limits the conforming sites for the pool and
pool house and leaves most of the open space in front of the front plane of
the main structure. In addition,this means that the closest neighboring
house is,in fact,on the lot abutting the back lot line. While possible to fit
the pool between the house and the back line,this would require removing
at least one mature tree and put the pool at the closest possible point to the
back neighbor. It is also not the most attractive position for the pool uis a
vis the main house. •
There is an additional possible conforming location in the northwest corner
of the lot. Locating the pool and pool structure here would require the
removal of four mature and produang apple trees and would be even
more exposed to the back neighbor's house. It would also put the pool
considerably closer to the north and west property lines.
The preferred location is the best-use of the property,sits farthest from any
neighbors,would not cause an undesirable change to the streetscape,and
with proposed landscaping and screening trees would be essentially
hidden form the sireet and neighbors.
Neighborhood All affected neighbors are supportive of the requested variance. See
Appmval: Attachment VII. � �
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RUN DATE: 6l29/2007 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST •������ � PAGE: 1
� )
38 03-117-23 12 0004 38 03-117-23 12 0007 38 03-117-23 12 0010
MARY A DUNN MARY A DUNN C F MCCUSKEY&D W MCCUSKY
38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 130 BROWN RD S
MARY A DUNN MARY A DUNN DAVID&CONNIE MCCUSKY
20 BROWN RD S 20 BROWN RD S 130 BROWN RD S
P O BOX 77 P O BOX 77 LONG LAKE MN 55356
LONG LAKE MN 55356 � LONG LAKE MN 55356
38 03-1]7-23 21 0001 38 03-117-23 21 0003 38 03-117-23 21 0007 ,
SUSAN B POWERS J A CORNELL&J D CORNELL JOHN M WINTON
25 BROWN RD S 2145 WATERTOWN RD 145 BROWN RD S
SUSAN B POWERS JAMES CORNELL JOHN M WINTON
25 BROWN RD S � 2145 WATERTOWN RD 145 BROWN RD S
LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356
38 03-117-23 21 0014 38 03-117-23 21 0015 38 03-117-23 21 0016
D W FRANCHOT III ET AL C K SHAUGHNESSY ET AL � D R HEALY&L C HUNT HEALY
2010 COLIN DR 2150 COLIN DR 2135 COLIN DR
DOUGLAS W FRANCHOT III C K SHAUGHNESSY DAV ID R HEALY
2010 COLIN DR 2150 COLIN DR 2135 COLIN DR
LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356
38 03-117-23 210018 38 03-117-23 21 0019 38 03-117-23 21 0024
LLOYD S KELLEY JOHN P EARLING A&L PETERSON
38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 2075 WATERTOWN RD
DOUGLAS FRANCHOT JOHN P EARLING ALAN B&LORRIE J PETERSON
2010 COLIN DR 2165 COLIN DR 2075 WATERTOWN RD
LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE 1vIN 55356 •
I CERTIFY THAT THE FACTS REPRESENTED ARE AN URATE AND TRUE REPRESENTATION OF INFORMATION �
AS IT APPEARS THIS ATE ON THE RECQR-D OF T E HENr PIN OUNTY TAXPAYER SERViCES DEPARTMENT.
DATE: ' � �• BY: �
! .
t�►DJIACEi�T PROPEl�� O1Nt�lEPS' �OC6�Id0lNL.EDG�fl�ENT FORI�I
1 (we} au� � c�Lnv of �o �Y'o•wv� � • ��
[prin name(s)] j�rin#addrs�s]
h ve rev ewed t�ie pians for the proposed improvement or prop�sed use of the property located at
��� ��..i���Zrr�'�, also referred to as Land Use Appiication No.
i {we) understand that in executing this acknowledgement, I (we} am (are) not asked to dec(are
approvai or disapprovaf of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement pians and that the proposed neighbor`s project or use requires
Council approval.
c ��� �� �
Prop rty Own Date
� Property Owner Date � '
�,�«,���«,t,��,���,���: ���k�.����,��..��*,:,t,�x,��***
l (we) �f
[print name(s)] [print address]
have reviewed the pians for the proposed improvement or proposeci use of the property located at
alsa referred to as Land Use Application No.
f (we) understand that in execu�ing this acknowledgement, 1 (we) arn (are) not asked to declare
approval or disapprovat of the property or use but merely to confirm for the Cify Council that { (we}
am (are) aware of the improvemsnt plans and that the proposecf neighbor's project or use requires
Council approval.
Property�wner Da#e
Property Owner Date
if you have any information that may assist the City in the review of this LaRd Use
Application, please submit your comments to the Building & Zoning Office at feast 10 days
prior to the scheduled meeting date.
ADJACENT PROPE62TY OWNERS' ACKNOWLEDGEMENT FORM
I (we) U�d of �� �i{(bwY� �• � .
� - [print name(s)� [print address]
h �e rev ewed e plans far the proposed improvement or proposed use of the properly located at
�o ��t�j�►�'�, also referred to as Land Use Appiication No. .
I {we) understand that in executing this acknowledgement, I (we) arn (are) not asked to declare
approval or disapproval of the properly or use but merely to confirrn for ihe City Councit that 1 (we)
am (are) aware of the improvement pfans and that the proposed neighbor's project or use requires
Council approval. �
— ` Q� .
Proper[y Owner Dat .
Property Owner Date
*� * ,��,►*�.�«,�,�..�,�**,�,�,��***�**
i (we) af .
[print name(s)] [print address]
have reviewed the pfans for the proposed improvement or proposed use of the property located at
- afso referred to as Land Use Application No.
i (we) understand that in executing this acknowledgement, I (we) arn (are) not asked to declare
approval or disapprovaf of the property or use but merely to confirm for the City Councii that t (we)
am (are) aware of the improvement plans and thaf the proposed neighbor's project or use requires
Council approvaf.
Properly Owner Date
Properly Owner Date
If you have„ any information that may assist the City in the review of �tf�is Land 'Use
Applicafion,��please submif your comments to the Building & Zoning Office at feast 10 days
prior to the schedu(ed meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
� � . . l��
� �Vy2� b.. � f�"�o! U/�Of � N GT ri �
[print name(s)] jpnnt address]
h ve rev ewed t e pians for the proposed improvement or proposed use of the property located at
�� �a1 ?�ief'f. also refeRed to as Land Use Application No. .
I (we) understand that in executing this acknowiedgement, i (we) am (are) not asked to declare
approval or disapproval of the propecty 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
Counc9l approval.
��- 1�- C� � 5 a
Property Ov�mer Date � .
Property Owner Date
.,�.����� �:���,�«,�*,���,��**,�*,�««*�«�,��*
I (we) of
[print name(s)� [print address]
have reviewed the plans for the proposed improvement or proposed use of the proper�y located at
atso referred to as Land Use Application No.
i (we} understand that in executing t�is acknowledgement, i (we) am (are) not asked to dectare
approval or disapproval of the property or use but merely to confirm for the City Councii that 1 (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
if you have any inforrnation that may assist the City in the review of tt�is Land Use
Appiication, please submit your comments to the Building & Zoning Office at Ieast 10 days
prior to the scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
I (we} of ^ �
[print name(s)J print address
h ve rev ewed�e pians for the proposed improvement or proposed use of the property located at
�� ��1 ���. aiso referred to as Land Use Application No.
i (we) understand that in executing this acknaw(edgement, t (we) am (are) not asked to deciare
approval or disapproval of the property or use but merely to confirm for the City Council that 1 (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Councii approval. . �
_-�= . / - S o�
-`..
Property Owner Date
� — — 0�
Property O r Date
*�� �* *,�*«.*�;�,�**,�,��*,�,��,�**
� (We) of
� [print name(s)] [print address]
have reviewed the plans for the proposed irnprovement or proposed use of the property tocated at
also referred to as Land Use Appiication No.
I (we) understand that in executing this acknowiedgement, i (we) am (are) not asked to declare
approvai or disapprova[ of the proper[y or use but mereiy to confiRn for the City Council that ! (we)
am (are) aware of the improvement ptans and that the proposed neighbor`s project or use requires
Council approvai.
Property�vmer Date
Property Owner Date
If you have any information that may assist the City in #he review of this Land Use
Application. please submit your comments to the Building & Zoning Office at feast 10 days
prior to�e scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEWfENT FORM
I {we) -^� � �11 of 2.��� e0�1 h �67�`�.
[print name(s)� jprint address]
h ve rev ewed t e plans for the proposed improvement or proposed use of the property located at
�o �W ZY�'E. also refeRed to as Land Use Appiication No. ,
I (we) understand that in executing this acknowledgement, I (we) am (are} not asked to dec{are
approvai or disapprbval of the property or use but mereiy to confirm for the City Council that I (we)
• am (are) awa�e of the improvement pians and that the proposed neighbor's project or use cequires
C ncil app al.
tj
�� r� � � b �� �
Pr p Owner � Dat .
� c `i �f? d
operty Owner Date
***,�+�,�«,�,�,�,�« ,�*,�� *
I (we) �f
[print name(s)] jprint address]
have reviewed the pians 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 deciare
approval or disapprovaf of the proper[y or use but merely to confirm for the City Council that t (we)
am (are) aware of the improvement plans and that the proposed neighbor`s project or use requires
Council approvai.
Property Owner Date
Property Owner Date
tf you have any information that may assist tlie City in the review of this Land Use
Applicafion, please submi� your comments to the Building & Zoning Office at feast 10 days
prior to the scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
I (we) ; °`� a �N of 2 t.�O Cd (� vti � !2.
[p nt name(s}] [pri t address]
h �e rev'ewed t e p(ans for the proposed improvement or p�oposed use of the property located at
�D ���R'+V'F, also referred to as Land Use Appiication No.
i (we) understan� that in executing this acknow[edgement, I (we) am (are) not asked to dec(are
approvai or disapproval of the property or use but merely to confirm for the City Councii that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approvat. . �
r erty Owner Date
' - il � D
c
Property Owner Date
*��,��**�*,�*�*�* ��+�*�**�,�*,�*��,�,��,�,�«�**,�
� 6� _ _ _ _ � f 3�__��� :�Y�1,��"__- _- ..__. . .
- - . ._ _L(v�ce�- __ _� ��- _ . �d, � -
� [print name(s)] jprint add�ess] �
have revi we_d � pians for the proposed improvement or proposed use of the property (ocated at
��o �� �n Y_ also referred to as Land Use Appiication No.
I (we) understand that in executing this acknowledgement, i (we) am (are) not asked to declare
approval or disapprova! of the property or use but merely to confirm for the City Counci! that I (we)
am (are) aware of the improvement p(ans and that the proposed neighbor's project or use requires
Councii approval.
Property Owner Date
Property Owner Date
tf you have any informa6on that may assist the City in the review of this Land Use
Application, ptease submit your comments to the Buiiding & Zoning Office at teast 10 days
prior to the scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FURM .
We �. 1 !�tn�2�'S of �S� D ti.1n � •
� � � nnt address]
[print name(s)] [P
h ve rev ewad e plans for the proposed imp�ovement or proposed use of the property located at
�� �i,.t�J 2��i''�. atso referred to as Land Use Appiication No.
1 {we) understand that in executing this acknowledgement, I (we) arn (are} not asked ta declare
approval or disapproval of the property or use but mere{y to confirm for the City Council that I (we}
. am (are) aw of the im ovement ptans and that the proposed neighbor's project or use requires
Councii ap al.
�
Pr e Owner Date ,
Property Owner Date
�� � * ���,�,�,�,�,�,�*,�,�,�,�,��,�*,�,.,�,�,�,�
I (we) °f
[print name(s�] [print address�
have reviewed the pians fior the proposed improvement or proposed use of the property located at
atso referred to as Land Use Application No.
� I (we) understand that in executing this acknowfedgement, I (we) arn (are) not asked to declare
approval or disapprovat of the property or use but merety to confimn for the City Councit that 1 (we)
am (are) aware of the improvement pians and that the proposed ne+ghbor's project or use requires
Councii approval.
Property Owner Date
Properly Owner Date
. If you have any�information that may assist the City in the review of this Land Use
Apptication, please submit your comments to the Building & Zo�ning Office at teast 10 days
prior to the scheduted meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
I (we) a � '�D �6�rJ e� , �
� [print name(s)� [pnnt address]
h ve rev ewed�e p(ans for the proposed improvement or proposed use of the property located at
�d �rJ 2�d'�, also referred to as Land Use Application No.
I (we) understand that in executing this acknowledgement, I (we) am (are) not as[ced to declare
approval or disapproval of the properly or use but mereiy to confirm for the City Council that I (we)
am (are) aware of the improvement ptans and that the proposed neighbor's project or use requires
Councii appro t.
�
Property Owner te
ot
Property Own Date
,�,*�..�,�«.*�******,� ,��,�*,�,E�*�,�,����*�,+,�
1 (we) of
� jprint name(s)� (print address]
have reviewed the plans for the proposed imp�ovement 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
approvai or disapproval of the property or use but merely to confirm for the City Councii 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
lf you have any information that may assist the City in the review of this Land Use
Application, please submif your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
:.< � �We� �� f�� ��ri'��� ofi Z�f �`��J-�--" ' ��
[print name(s)] [print address]
h ve re 'ewed t e plans for the proposed improvement or proposed use of the property located at
�10 ��1 ��'F. also referred to as Land Use Application No. ,
I (we) understand that in executing this acknowledgement, I (we) arn (are} not asked to declare
approval or disapproval of the property or use but merely to confiRn for the City Council that 1 (we)
am (are) aware of the improvement pians and that the proposed neighbors project or use reyuires
Council approvat. �
L aS/o8
Pro erty O r Date .
` F l S�(J�
Pr ei-ty Owner Date
,� ****
*«�«��,��«***,.,�,t.�.�,�w*.,��
� �We� of
[print name(s)] jprint address�
. have reviewed the plans for the proposed imp�ovement or proposed use of the property located at
also referred to as Land Use Application No.
I (we) understand that in executing this acknowiedgement, i (we) am (are) not asked to declare
approva{ or disapprovai of tf�e properly or use but merely to confirm for the Ciiy Council that i (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Councii approval.
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Appiication, pfease submit your comments to the Building & Zoning Office at least 10 days
prio�to the scheduled meeting date.
� I�ennepin County Variance Map �p,�r'� Page 1 of 1
�' ��^ , � i
_.. __ _ �
� . I �;
�� Hennepin County Taxpayer Services: Variance Labels ; ;(
� This rs not a legally recorded map.It represents a compilation of rnformation and dalafrom City,County and State authorities. ��
i____ �._, -- ------------_._._ .._� ____._______� � ,
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' ' PC Exhibit '
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:iA� 0 4 Z008
CITY OF ORONO
February 28,2008.. .�
Orono Planning Commission
2750 Kelley Parkway �
Orono,MN 55356
Dear Planning Commission:
. We are writing you in support of the variance request being made by our neighbors,Doug and
Peggy Franchot. We live in fihe house immediately behind the Franchots and would be adversely
impacted if they aze required to locate their pool and pool house along the back property line.
Such a placement,whether directly behind their house or just to the west of that where there is
now a small orchard(the two locations that we understand would not require a variance)would
put the pool less than 100 feeE from our back deck;less than 60 feet in the case of the orchard
location. Either of these placemenis will have a major impact on our house and our ability to
enjoy our backyard. We aze very concerned that this could result in significant noise in our yard
' ' and we know it would substantially reduce the natural beauty of the primary view from our
house. .
The variance location requested by the Franchots is by far the most desirable positioning from
our perspeciive and�nre`believe it represents the least possible intrusion for the neighborhood;
certainly it does regarding our location. We strongly encourage you to grant this variance
' request. '
A1 and Lorrie Peterson
2075 Watertown Road � �
Long Lake,MN 55356
r •
� ����/��� .
• February 28,2oos . F�R �9 '1008
. . . C�7-�'OF pRONO
Planning Commission
• 2750 Kelley Parkway .
Orono,MN 55356 .
Dear Planning Commission
We are writing you in support of the variance request being made by our neighbors,Doug and
Peggy Franchot. As Colin Drive neighbors of the Franchots,we would be one of the small '.
number of families actually impacted by this project. We very much believe the requesteii
variance is not only reasonalale„b.u�t�at it would in no way adversely affect our neighborhood:
.�
In fact,we believe the overall impact will be positive because mature trees will not have to taken
out and because of the ample landscaping that the Franchots have committed to doing to shield
the pool from Colin Drive.
The variance location requested by the Franchots is the most desirable positioning from our
perspective and we believe it represents the least possible intrusion for the neighborhood. We
strongly encourage you to grant this variance request
i��� �-- �
David and Lucy Healy _-��
2135 Colin Drive
Long Lake,MN 55356
, ,
PC Exhibit ?
F �
CITY OF ORONO ZONING FILE 08-3335
2750 Kelley Parkway
PO Box 66 NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323
952.249.4600 DATE OF NOTICE: 25 January 2008
TO: Doug & Margaret Franchot COPIES: '
2010 Colin Drive
Long Lake, MN 55356
TYPE OF REQUEST: Variance
DATE OF MEETING: 22 January 2008
Planning Commission recommended as follows:
Table the application (see details below)
VOTE: 6 FOR 0 AGAINST
There was not a consensus of direction provided to the applicant. Below is a general �
summary of the Planning Commission's discussion (the official meeting minutes are not
available yet so these are from my notes):
. One Commissioner felt the pool location variance did not meet the criterion of hardship;
and
3 of the Commissioners felt the proposal was generally acceptable but more screening
was warranted; and
One Commissioner wanted to see both septic drain field locations before making a
decision; and
One Commissioner who did not see an issue with the pool's location but the pool
building would be too intrusive to the neighborhood in its proposed location.
*Please submit the revised survey and plans, including the required septic system
information by Thursday, February, 7�' for consideration at the February Planning
Commission meeting.
ApplicanYs next scheduled meeting is confirmed as:
Planning Commission—Tuesday, February 19-- Meeting starts at 6:00 pm
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.
If you have questions, please call Planning & Zoning Coordinator, Melanie Curtis at
952.249.4627.
. ,
���,vt N c �r,��t , �
� �►�i �S PC Exhibit G
�"�v�-y �a �
4. 07-3335 DOUGLAS W.AND MARGARET S.FRANCFIOT,2010 COLIN D12IVE,
VARIANCE,6:17 P.M.—6:46 P.M.
Douglas Franchot,Applicant,was present.
Curtis stated the applicants are requesting a variance to allow construction of an in-ground swimming
pool with a 40' x 14' pool building to be located closer to Colin Drive than the principal structure. The
existing home is located approximately 130 feet from Colin Drive. The required front yard setback is
50 feet. The applicants have requested a variance to allow construction of the poo185 feet from Colin
Drive and the pool building 59 feet from Colin Drive. Both locations meet the front yard setback but
would be located ahead of the principal structure. '
(#07-3335 Douglas and Margaret Franchot,Continued)
Staff feels there are alternative locations to construct the pool and pool building that would meet the
setbacks as shown in Exhibit D3. In addition,the applicants have current and future septic needs to
consider. Staff would argue that the applicants have reasonable use of the property and that providing
for sewage treatment must be considered above a pool amenity. If there is not an appropriate location
for a pool and septic ireatment areas,the septic treatment areas must prevail.
Considering the limited schedule for Planning Commission review, Staff felt it was reasonable to bring
the variance request to the Planning Commission prior to receiving information regarding an alternate
septic treatment site provided that the application does not move forward for final approval to the City
Council until a secondary site is identified unless the recommendation from the Planning Commission is
for denial.
Staff recommends the Planning Commission discuss the five issues for consideration listed in the staff
report. Staff recommends denial of the setback variance for the pool and pool building as requested as
alternate locations are available. Should the Planning Commission feel that the proposed location is
appropriate, a review of this application by the City Council should be delayed until an adequate
secondary septic site is identified.
Franchot stated their application lists the reasons why they feel the variance is justified. Franchot
indicated that during their application,they have found the septic system is noncompliant and that they
are agreeable to fixing their septic system as part of this process. The intent of the regulation to keep
accessory struciures behind a principal structure is to maintain a streetscape,which does not apply to
their street since it is curvy. If the pool were located near the rear lot line, it would be more intrusive to
the neighbors.
Kempf asked whether the proposed septic site would allow the applicant to construct an in ground
swimming pool between the proposed septic site and the home.
Curtis stated it is possible depending on the location of the tanks. Currently the tanks are located near
the front of the home. Curtis pointed out the location of the e�cisting septic site on the overhead.
Franchot indicated the tanks are to the right of the driveway.
Curtis stated the tanks may need to be relocated.
� .
Franchot stated they are in the process of determining their options and that one contractor did indicate
the tanks could remain in their present location,but that they are looking at a possible compliant
location for the septic south of the driveway. At the present time they are unsure whether that site
would prove to be acceptable.
Kroeger noted an alternate septic site also needs to be established.
Zullo stated she would like to see a final decision on the location of the septic system prior to making a
decision on this application.
(#07-3335 Douglas and Margaret Franchot,Continued)
Kempf indicated he is in agreement with the comments of Commissioner Zullo and that he was �
somewhat surprised this application came before the Planning Commission without that item being
addressed.
Franchot stated they originally thought their septic system was compliant,which later proved to be
incorrect. Franchot stated he is unsure whether the required testing can be completed during the cold
weather but that they are willing to complete the septic testing prior to their application proceeding
forward to the City Council. .
Kroeger stated he understands that the Planning Commission is being asked to approve or deny the
variance to allow the pool and building to be located closer to the road than the principal structure based
on the assumption that the septic issues will be resolved. Kroeger stated if that is the case,and given
that the road is a private roadway,he is sympathetic to the concerns of the neighbor with having a pool
located more towards the rear of the lot. Kroeger noted the rear location would also require the removal
of some trees.
Zullo commented having the pool located on the west side of the house would allow for more sunlight
but that she would also like to see the pool screened and fenced.
Franchot indicated they are planning on landscaping around the pool and building and that they would
be willing to consider erecting a fence even though it is not required.
Zullo stated she would prefer to see the pool landscaped,fenced and gated if it is located in the front.
Kempf commented in his view the proposed pool building helps to screen the pool but that the rear of
the pool building would face the street,which in his view is not an appropriate use of a building. Kempf
� stated the structure should have as little of an impact as possible on the neighborhood and that the
proposed location of the pool and the building in his opinion does have a great impact on the
neighborhood.
Franchot stated the location of the pool building does help to screen the pool,which in his view is a
benefit to the neighborhood. Franchot commented they actually would prefer the location of the pool to
be in a somewhat shady area and that they intend to screen the entire back area with landscaping.
Zullo recommended the pool building incorporate some more aesthetically pleasing features on the side
that faces the street.
A k
Franchot indicated they are willing to look at that as well.
Kempf sta.ted the issue is the fact that the building is located considerably in front of the principal
structure and that the building should be located on the other side. Kempf noted a variance is required
for the pool regardless of its location and that he would like to see some screening required.
Franchot stated locating the building on the other side of the property may cause it to be raised up.
Kroeger noted there is a six-foot elevation difference from the south to the north.
(#07-3335 Douglas and Margaret Franchot,Continued) �
Kempf stated the water in the pool and the deck surrounding the pool are at exactly the same elevation
from one end to the other,with the entrance to the building being at that same elevation.
Curtis asked whether the building would be cut into the hill.
Franchot indicated it would be.
Rice stated she does not see a hardship for the variance. Rice indicated in her view the pool could be
located elsewhere.
Franchot asked whether Commissioner Rice visited the site.
Rice indicated she did drive by the property but did not go onto the property. Rice stated the applicant
has reasonable use of his property currently and that a hardship has not been demonstrated to locate the
pool in front of the principal structure.
Zullo noted the lot does consist of two acres and that property owners should have a right to construct a
pool for their recreation in light of the fact that lots along the lake are able to enjoy the water.
Winer indicated she does agree with the recommendations of Staff and that the applicants do have
reasonable use of the property without the pool. Winer concurred there should be screening of the pool
and building. Winer stated the Planning Commission would like to see verification of the septic sites
prior to the application proceeding forward to the Council. In addition to the issues identified by Staff,
another issue would be a fence with a locked gate.
Curtis requested the Planning Commission address Item No.3 listed in Staffls report in more depth.
Curtis stated the City's zoning code requiring the structure to be located behind the principal structure is
designed to protect the neighbors. Curtis stated the 15-foot setbacks are determined by code and are
dictated by the size of the pool.
Franchot stated the location proposed by Staff would require the removal of some mature trees and
would be crammed in there. Franchot noted Staff's location is also not desirable because it directly
abuts the house and they would have to look at the pool for six months out of the year when it is not in
use.
Schwingler stated he did speak with some of the applicant's neighbors and that they did not raise a �
concern with the proposed location. Schwingler indicated he is okay with the proposed location of the
pool.
r . .
Kroeger sta.ted typically pools are not located on the north side of a house.
Chair Kempf opened the public hearing at 6:39 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public heazing at 6:39 p.m. �
(#07-3335 Douglas and Margaret Franchot,Continued)
Kempf indicated he is willing to make a motion to ta.ble the application until the primary and alternative
septic sites are identified and tested. Kempf recommended the pool be pulled back away from the street
as far as possible and to not use the building as screening for the pool. Kempf sta.ted in his opinion there
is a reason why outbuildings are not located in front of a principal structure and that the applicant will
need to look at significant screening to minimize the impact of the pool and building on the
neighborhood if it is kept in its proposed location.
Franchot stated he is amenable to Chair Kempf's motion with the exception of relocating the pool and
asked what their options are if they do not move the pool. '
Kempf stated the whole purpose of the City's ordinance is to prohibit buildings from being located
ahead of the principal residence,and that even if this application is recommended for denial by the
Planning Commission,the applicant can still proceed forward to the City Council.
Franchot stated he does understand Chair Kempf's comments regarding the location and that they would
be willing to have their application tabled at the present time.
Kroeger stated in consideration of the fact that Colin Drive is a private roadway,the proposed location
is the absolute farthest location from any neighbor's house, and that the variance is to the road and not
. to setbacks,he would not be opposed to granting the variance. Kroeger stated the issue then becomes
one of aesthetics from the street and whether that is more desirable than having the pool located closer
to one of the neighbor's homes.
Schwingler indicated he is in agreement with Commissioner Kroeger,and recommended that some
landscaping be incorporated into the applicant's plan prior to the application being brought back before
the Planning Commission.
Kempf moved,Winer seconded,to table Application#07-3335,Douglas and Margaret Franchot,
2010 Colin Drive. VOTE: Ayes 6,Nays 0.
, , 3
Date Application Received: 2/20/08
Date Application Considered as Complete: 2/28/08
60-Day Review Period Expires: 4/28/08
To: . . Chair Kempf and Planning Commission Members
Ron Moorse, City Administrator
From: Evelyn Turner, City Planner
Date: March 17, 2008
Subject: #08-3350 J.Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle
-Hardcover and Setback Variances
-Public Hearing
-----------------------------------------------------------------------------------
Zoning District: LR-1C (0.5 acre)
Lot Area: 1.14 acres
Lot Width: 100 feet
Application Summary: To construct a tennis court larger than 1,000 squre feet in the
street yard of a replacement residence the Applicant requests the following variances:
1. A location variance to place the tennis court between the house and the street,
2. A side setback variance to place it 22 feet from the northerly property line when
a 30 foot setback is required, and
3. A hardcover variance to have 37% hardocver in the 250 to 500 foot zone when
the maximum is 30%.
Staff Recommendation: If the Commission determines granting the hardcover variance
is a ro riate, Plannin De artment Staff recommends a roval with conditions.
Pertinent Zoning Ordinance Sections
78-1288 Hardcover
78-1404 Tennis Courts
List of Exhibits �
A. Application
B. Hardship Documentation Form
C. Submitted Hardcover Calculations
D. Area Map
E. Site Plan
F. Site Plans with existing a.nd proposed hardcover highlighted
G. City Engineer's Report
H. Comments from Neighboring property owners
Background
This lot was divided from the property at 3125 Casco Circle in 1983. The existing tennis
court was built in 1976 accessory to the house at 3125. It was allowed to remain as part of
' t c
�08-3350
March 17,2008
Page 2 of 4
the plat approval not withstanding the fact that the hardcover in the 75 to 250 foot zone was
well in excess of 25%. The house was constructed in 1984.
The owner proposes to remove the existing house and tennis court and construct a new house
and tennis court. The new house would be located where the rear portion of the existing
tennis court is. The new tennis court would be located between the birch trees in the island
in the existing driveway and the street. It would be enclosed by a 5'11" fence to avoid being
counted as structural lot coverage. The court would be located three to five feet below street
level.
--------------------------------------------------------------------------------------
LOT ANALYSIS WORSHEET
Lot Area/Width•
Re uired Actual
Lot Area 0.5 acre 1.14 acres
Lot Width 100 feet 100 feet
Structural Coveraae:
Allowed Existing Proposed
7,470 s.f. 15.00% Not provided 4,272 s.f. 8.5%
Hardcover Calculations:
Hardcover Total Area in Allowed Existing Proposed
Zone Zone Hardcover HardcoverX hardcover
0-75 7,500 s.f. 0 s.f. 150 s.f. 0 s.f.
0% 2% 0
75-250 17,500 s.f. 4,375 s.f. 10,846 s.f. 3,870 s.f.
25% 62% 22.1%
250 - 500 24,800 s.f. 7,440 s.f. 10,500 s.f. 9,200 s.f.
�0% 41% 3Z%
Total for 52,800 s.f. 11,815 s.f. 21,496 s.f. 13,070 s.f.
Property
* Not including any plastic or fabric under landscaping.
--------------------------------------------------------------------------------------
Variances
There are specific regulations for tennis courts over 1,000 square feet that require them to be
30 feet from side and street property lines and not between the house and the street, even on a
lakeshore lot. The tennis court would be 31 feet from the southerly property line, 23 feet
from the northerly properiy line and 30.5 feet from the right of way of Casco Point Road.
City policy allows the unused portion of the hardcover allowance for one zone to be carried
over to a zone that is farther from the lake. There is 500 square feet of unused hardcover in
the 75 to 250 foot zone. Applying this policy would reduce the percentage of proposed
;�
t #08-3350
March 17,2008
Page 3 of 4
hardcover in the 250 to 500 foot zone to 35.08%or 1,255 square feet more than allowed.
Hardship Statement
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
• Hardship Analysis
In considering applications for variance, tl:e Planning Commission shall consider tl:e effect of t/ie proposed
variance upon the healt/t, safety and welfare of tlie community, existing and anticipated traffic conditions,
ligl:t and air, danger of fire, risk to tl:e public safety, and tl:e effect on values of properry in tl:e surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances wl:ere t/:eir strict enforcement would cause undue hardship
because of circumstances unique to tlee individual property under consideration, and shall recommend
approval only wlien it is demonstrated t/iat suc/i actions will be in keeping with t/te spirit and intent of the
Orono Zoning Cod� � �
Issues for Consideration
Should this request be viewed as a reduction in hardcover or a request for additional
hardcover? Practice has been to not consider any existing improvements when the existing
house is being totally removed. There would be no grounds for approving a variance to
accommodate a tennis court since reasonable use of the property exists without it. If the
Owner chose to "remodel" the existing house without increasing or relocating hardcover or
requiring other variances all the hardcover on the property could remain. Is it in the Cit�
best interest to accept a si�nificant reduction in haxdcover rather than wait for the propertv to �
, redevelop?
Since the tennis court will not have the usual enclosing fence is it reasonable for it to be
• located between the street and the house? Setting aside the hardcover issue, the property
could have a patio or hard surface play area between street and the house as long as it was
not surrounded by a fence taller than six feet. The portion of the street yard between the
house and 30 feet from the street right of way could be enclosed by a six foot privacy fence.
The code has special provisions to allow accessory structures of less than 1,000 square feet
between the house and street for lakeshore lots. Detached garages less than 1,000 square feet
can be located 10 or 15 feet from the street as long as the overhead door faces to the side or
rear. Other accessory structures less than 1,000 square feet must comply with the street
setback for a principal structure. Would the proposed tennis court be less obtrusive than a
999 square foot accessory structure in the same location?
Are there any other issues or concerns with this application?
Staff Recommendation
A. If the Planning Commission determines it appropriate to grant the hardcover variance
Staff would recommend it be conditioned on:
1. Provision of rain gardens or other measures to control the amount, rate and quality of
runoff(to be approved by the City Engineer before final approval is granted).
2. No additional hardcover in the 75 to 250 foot zone.
. �'
#08-3350 1
March 17,2008
Page 4 of 4
B. Staff would recommend approval of the setback variances conditioned on:
1. The court not being enclosed by a fence higher than 5'11".
2. The fencing being dark-colored vinyl-covered chain link or equivalent with no wind-
screens. '
3. The court not being used for parking vehicles, storage or other non-recreational
purposes.
4. The area around the court being landscaped but not to the extent the view of the
house from the street is completely obscured. (This plan to be submitted before the
application is considered by the City Council.)
.� � PC Exhibit /�
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_L��?uc.�-�v_T_; _ .__ _-- )Orono
��Sv�" � —a lication� � ..
sbnewoo� u� �pp
f� ��� Application# ��'"�,��
- 7� �Q�iW ��_��� DateReceived: �_. c�,.pR'
VVI�Yl Y1Q�� 11 f(�'�N� Z(� ' staff:
Fee: $600
. _ S��'1�4 S��Q,w(�0�C�W� Renewal: $250
��Z_ r - - , • � After-the-fact: $1,200 Double Fee
-____ 7 �qd �6 . Escrow Fee: $600/$2,500 .
i .
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
. application. Incomplete applications will not be placed on Planning Commission Agendas. �
PROPERTY INFORMATION: �
Site Address: 3�z'1 �.,5�a c t«�t ��a• ,.�a �
Pcoperty Identification Number (PIN): Z,- ��� - -t„-�y- 3 y- o o z z
. Date Property Acquired (month/year): -SMNta 2oay ❑ Yes, I own the adjacent parcels. �
Zoning District: L�� �
APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party)
Name: F«�����-� c, �Pt-r.�5
Phone (home): Phone (work): �(5 z- q 3�_ �yq o x Z i i
Complete Address: 3�z-r c�.s�a c��c�.�.
City, State &ZI P o�o•-�a M N s 5 3� �
Email: ��Ptk«sC� �s�i P i . caM Fax:
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: i����—T. ��5 ... . .
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Phone (home): Phone (work):
Complete Address: �3,,,.- -��,..�",,i_=__._��►�,� . .
City, State & ZIP � .
Email: Fax:
DESCRIPTION OF REQUEST: �
Describe the request in detail (attach additional sheets if necessary):
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, � 2t�V.(WR�/ hA ` tNNi
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REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
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� ❑ Escrow A reement signed '�
� �� "�e.�e�i�r� �� ��� 5 '� �
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� ❑ Pre-A lication Form � '
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❑ Hardshi Documentation
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❑ Surve meetin ALL re uirements shown on a es 5 -"6 �� �
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❑ Hardcover Calculation s
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❑ �I Buffer Im rovement Plan � �
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'{�• �
� APPLICANT ANDIOR OWNER: � - � • � �
. • Agree to provide all information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not co.vered in the original fee paymerifi) and/or consultant
expenses incurred in review of this application, and .
t � � �=Certify that the information suppfied is true and correct to the best of his/her knowledge. � The��' -
applicant and owner recognize that they are solely responsible for submitting a complete
•application being aware that upon failure to do so, the staff has no altecnative but to reject it
until it is complete or to recommend the request for denial of the request regardless of its
potential merit. .
• Acknowledge the Escrow Agreement is completed and signed. � �
• . The Owner hereby acknowledges and agrees to this application and further authorizes•re�sonable
entry onto the property by City Staff, consultants, agents, Commission and Council Members for
purposes of investigation and verification of,�this request., , � �� -��-� �
� Applicant and/or Owner acknowledge they must be present at all scheduled review meetings
of the Planning Commissi nd Council. If an appficant and/or owner is unable to attend a
scheduled meeting, plea e arrangements to have an authorized representative attend in
place of the applicant/o r nd advise the City Planner assigned to your project.
Appficant's Signature: Date: Z /i��o g
Applicant's Signature: � Date: � �
Owner's Signature: - • � Date: �-�/��D� � . .
Owner's Signature: � � �Date: � � " � � � � "
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�o.�,� City of Orono
o ° Pre-A lication Meetin Form
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t ,�,� (This form is to be completed by a City Planner during your pre-application meeting.)
`�ESxo4`'
For Office Use Onlv:.�� � � � ° ,�
City Planner: �I�/�G'1,-��� Meeting Date/Time: ����1
PC Date:
Whaf is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the �
procedures and requirements of the city code, and identify policies or regulations that create opportunities
or problems for the proposal. �
PROPERTY INFORMATION:
Site Address: '�j(2� �S�� �'jl t�'G
Property Identification Number(PIN): Za- JI�_ Z 3_ 3�- a o zz
Zoning District: t�j� (/ Size of Property: ���x �q p0O
DESCRIPTION OF REQUEST: .
❑Average Setback ide Yard Setback � Rear Yard Setback ❑ Lake/Front Yard Setback
�Hardcover 0'-75' �lardcover 75'-250' �ardcover 250'-500' ❑ Hardcover 500'-1000'
�Lot Covera e ❑ Lot Area ❑ Lot Width
9
❑ Other:
Applicant's HARDSHIP: Applicant and/or Owner has received the Hardship Documentation
Initials:
Owner's Form, understands it as it has been explained to them, and is aware that it must be
Initials
completed and submitted in conjunction with their formal variance application.
Applicant's BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses
Initials: ' incurred in review of this application and/or additional staff time not covered in
Owner's init'al lication fee, as well as provide an escrow in the amount of
Initials: $ ` ' to guarantee payment of the above.
OTHER INFORMATION: .. .
�� - ,
G ' r /� ' ,., _
*Please note: Your variance application will NOT be accepted without a pre-application meeting during
which this form will be completed by City staff.
Applicant Signature: Date: �
Owner Signature: Date: 02 / T��
-9 -
' „ e;
� � L PC EXhlbit B
Hardship Documentation form
1. The property, as it currently stands,has a tennis court on the lake side. This court .
has existed on the property for many years, and is a major factor in the non-
conformity of the property with current hard cover limitations. The applicant is
proposing to move the court to the street side in the interest of limiting the amount �
of hardcover that is required for the court, while balancing the location of the
home to meet the new requirements of the building height calculations. .
While the home could be re-positioned, to enable the applicant to more closely
meet the hardcover requirements, site topography,prohibits these changes, as
additional variances to building height would then be required.
2. The topography of the site requires the tennis court to be in one of two locations—
- toward the lake, as it exists presently, or toward the street side. Applicant favors
street side in the interest of protecting the beauty of the lakeshore, for
� maintenance purposes, and in the interest of keeping the run-off as far form the
lake as is possible, allowing for control through rain gardens or other water
features. �
The topography of the site dictates the location of the home, driven by the
building height rules. One of the features of this property that attracted the
applicant to the property is the tennis court. Since moving to this location,tennis
has become an integral part of their family life. .
3. A tennis court cunently exists on the property, and several tennis courts exist
along the various Casco streets. Courts exist at 2975, 2835 & 3225, and all are on
the street side of the property. .
4. Economic considerations are not the primary factor.
5. This application does not concern matters of sunlight or that of earth sheltered
construction.
6. Our requested uses are not prohibited under any other sections of the zoning code.
All other requirements are met, or exceeded by our application.
7. Not Applicable. �
8. See items#1 and#2
9. Repeated from#2 -The topography of the site dictates the location of the home,
driven by the building height rules. One of the features of this property that
attracted the applicant to the property is the tennis court. Since moving to this
' location,tennis has become an integral part of their family life.
10. Section 462.357, Sub section le of the Minnesota state statutes outlines the
following rights for property owners, and restrictions on local zoning codes.
�,. ut ' '
w , n
J
Regarding Nonconformities it states "(a)Any nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption
� of an additional control under this chapter,may be continued, including through
repair,replacement,restoration,maintenance, or improvement,but not including
expansion, unless: (1)the nonconformity or occupancy is discontinued for a
period of more than one year"
We believe that we meet the requirements of this section,but are asking for a
variance of less than currently exists on this property. �
Our application brings this property much closer to conformity that currently
exists and cures many existing non-conformities. �
11. It will not.
12. It does. Without this variance,the applicant is unable to build the tennis court
that exists on the property.
Hardship statement:
�
. � Address: �31 Z'�- �-c � GI'RGL�E Date: �2• I�'• o$
Prepared by: �VC.PiV`� o ex� � L l� �
PC Exhibit C.
� ' - � � � . HARDCOVER CALCULATION WORKSHEET . �
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250'250-500' 500-1000'
EXISTING HARDCOVER 1N ZONE
A. House x = • S.F.
Length � Width .
. ' X = S.F.
X = S.F.
B. Garage � � x = S.F.
C. Driveway x = . S.F.
� X = S.F.
D. Sidewalk � - -x�._ = S.F.
. . x = S.F.
� �
' E. Patio/Deck ' . x , = l50 S.F.
x � = S.F.
F. Landscape • x � � = S.F.
Underlain � � x = S.F.
By Plastic x = � S.F.
. G. Refaining Walls;' x = S.F.
H.Other � • x =
i
. . . S.F._ .
TOTAL HARDCOVER IN ZONE � � . - I'Sm S.F. A
TOTAL PROPERTyAREA IN ZONE , • ' � - � �Som S.F. B
: . ' p! = B x 100 = Z %
PROPOSED HARDCOVER IN ZONE(including existing hardcover to be retained) .
� A: House . x = S.F.
. . Length Width � , � �
' X � _ • S.F.
x = S.F.
B. Garage � x � = S.F.
C. Driveway x = � S.F. �
' X = S.F.
D. Sidewalk x ' = S.F.
X = S.F.
' E. Patio/Deck � x = 0 S.F.
� ' X = S.F.
F. Landscape x . = S.F.
Underlain . x = S.F. •
� By Flasfic . ' x = S.F. • -
G. Retaining Walls . x = S.F.
H.Other _., ' x =. S:F.
TOTAL HARDCOVER IN ZONE - 0 S.F. A
TOTAL PROPERTY AREA IN ZONE - �50� S.F. B
A = B x100 = � % �
� � � � -23- ,
• � . , �
• Address:_ ��2�' C'�( C O f 1 (2 G L� Date: �Z• l�l' ' C1�' �
Prepared by: -�'Fr°YLPiLvooc/' LI_L
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250 250-500' S00-1000' �
EXISTING HARDCOVER IN ZONE
A. House x = S.F.
Length Width . �
. X = S.F.
X = S.F.
B. Garage . x = S.F.
C. Driveway x = S.F.
X = S.F.
D. Sidewalk x = S.F.
X = S.F.
E. Patio/Deck x . = S.F.
x = S.F.
F. Landscape x = S.F.
Underlain x = S.F.
By Plastic x = S.F.
G. Retaining Walls x = S.F.
H. Other - X =
. S.F._ .
TOTAL HARDCOVER IN ZONE - 1050PS S.F. A
TOTAL PROPERTY AREA IN ZONE - Z�I$0O S.F. B
A -= B x 100 = yl %
PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained)
A: House x = 5?JS S.F.
Length Width �
X = S.F.
X = S.F.
B. Garage x • = S.F.
C. Driveway x • _ �J�o20 S.F.
x - S.F.
D. Sidewalk x = z✓�✓ S.F.
STE�S x = �-tc� S.F.
E. Patio/Deck ' x = S.F.
X = S.F.
' F. Landscape x = S.F.
Underlain x � = S.F.
By Plastic x = S.F.
G. Retaining Walls x = S.F.
H.Other:�cE�N►5 cT x = L1��'"0 S.F.
TOTAL HARDCOVER IN ZONE - qZP�Pl S.F. A
TOTAL PROPERTY AREA IN ZONE - �..�1$00 S.F. B
A = B x 100 = 3�- %
� -23 -
. � Address: � �(2.� Cf�'SGd e/�C L E Date:�Z• �°/ '�g
Prepared by: �t'L�l.v omc � L L �— "
" � ' ' � � . HARDCOVER CALCULATION WORKSHEET �
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House x = . S.F.
Length . � Width .
. � ' x = S.F.
X = S.F.
B. Garage � x � = S.F.
C. Driveway x = . S.F.
� X = S.F.
D. Sidewalk � - x�. = S.F.
� . ' X . . = S.F.
, �
' E. Patio/Deck ' ., x . = S.F.
X = S.F.
F. Landscape • ' x ' = S.F.
Underlain � x = S.F.
By Plastic x = S.F.
. G. Refaining Walls ,� x = S.F.
H.Other � � x =
. . . S.F._ .
TOTAL HARDCOVER IN ZONE . � - (08y6 S.F. A
TOTAL PROPERTyAREA IN ZONE , � • ' � - � 1�50� S.F. B
� . /� - B x 100 = 62 °/a
� PROPOSED HARDCOVER IN ZONE(including existing hardcover to be retained)
� A: House . x � . = 312�-' S.F.
pa��� . Length Width � . - �
x 144 s.F.
5-1'oOPS x = r-✓$ S.F.
B. Garage x - = S.F.
C. Driveway x = I$ � S.F.
X = S.F.
D. Sidewalk x . � _ �o$• S.F.
X = S.F.
' E. Patio/Deck ' x = �16(o S.F. '
� ' X = S.F.
F. Landscape x . = S.F.
Underlain x = S.F.
� By Piastic : ' x = S.F.. �
G. Retaining Walls . x = S.F.
H.Other _.. ' x = S:F.
TOTAL HARDCOVER IN ZONE - 3$�-0 S.F. A
TOTAL PROPERTY AREA IN ZONE - 1�500 S.F. B
A = B x 100 = 22 % .
� � � � -23-
�� Hennepin County Variance Map PC Exhibit D
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SI �►! � �
t ' Hennepin County Taxpayer Services: Variance Labels : ��
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� Parcel Information:
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�i Owner Name:FREDERICK C PETERS ,
�?Parcel Address:3127CASC0 CIR ORONO MN,55391 �
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PC Exhibit C�
..,.. ..J w�•
St.Paul,MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
� March 4,zoos �Bonestroo
Ms. Evelyn Turner
Planner
City of Orono .
Post Office Box 66 �
Crystal Bay, MN 55323
Re: 3127 Casco Circle
File No.000139-08000-1 �
Plat No.08-3350
Dear Evelyn:
We have reviewed the grading plan for 3127 Casco Circle dated 2-13-08. The plans propose to construct a
new single family home and tennis court. We have the following comments with regards to engineering
matters:
• The plans should show the driveway extending all the way to the road. In addition,any proposed
grading within the right-of-way, including contour lines and spot elevations,should be shown on
the plan. �
• The plan should indicate where the existing catch basin shown to the west of the proposed tennis
court outlets to.
• It appears a proposed 952 contour line is missing along the south lot line. '
• The area between the garage and the north property line should be shown in more detail and at a
larger scale. This area should identify all removals and show all proposed grading, including •
contour lines and spot elevations. Any proposed retaining walls should be shown, including top
and bottom of wall elevations. Slopes should not exceed 3:1.
� The plan should provide information about restoration of areas in which removals are to occur,
such as the tennis court and concrete patio by the lake.
• The plans should show the existing sanitary sewer running between the house and the lake, as
well as any manholes.
� • The City should determine if it already has an existing utility easement over the sanitary sewer. If
not, a 20'wide utility easement should be provided over the existing sanitary sewer.
If you have any questions,please call me at(651) 604-4863.
Yours very truly,
BONESTR00
� ��� .
�
Tom Kellogg
', � . Page 1 of 2
PC Exhibit }-(
Evelyn M. Turner
From: Greg Becker[greg_becker@msn.com]
Sent: Thursday, March 13, 2008 1:38 PM
To: Evelyn M. Turner
Cc: ralphkempf@realtor.com; Tessa marchessault
Subject: Formal Protest of land use variance request on Property 3127 Casco Circle#08-3350
To: Evelyn Turner
City Planner
From: Greg Becker
Resident 3133 Cascd Circle
Subject:
3127 Casco Circle#08-3350 Land use Variance Request
March 6th—Posted Sun Sailor
March 7�: -Post mark date of formal mailing
March 8�— Receipt of formal mailing
March T2�—Date requested for comments �
March 13�'—No plans available for public review (see below) .
March 17�'—Date posted for Public Hearing
On Thursday 3/13/ 08 I physically went to Orono City Hall to review plans for subject properry land
use application. The application notice sta.ted existing house and lakeside tennis court are being
removed and replaced by a new house and street side tennis court. It was my intent to review plans for
this application in its entirety and not just street side tennis court variance request. Both Barb and
Monica from front office verified with Chris Matson that plans had not been submitted were not
available for public review.
Please consider this a"formal protest"of land use application variance request 08-3350 based on the �
following:
1. As of this date no plans available for public review and if they do become available prior to
3/17... lack of sufficient time to review
2. Many of the neighbors are on spring holiday or winter vacations and are not planning to
return until after April 15�'..Providing limited comment time.
3. Strong unfavorable position towards building a tennis court on street side of subject
property for recreational purpose (no hardship) requesting a 23% increase in "hardcover"
variance from 30%requirement to 37%variance
4. Strong unfavorable position towards building a tennis court on street side of subject
properry for recreational purpose (no hardship) requesting a 23% increase in"setback"
variance from a required 30 feet to a 23 foot variance.
Please consider this a"Formal Protest" if this matter has a public hearing delay please officially
provide written notice to neighbors of new hearing date and when plans are available for public
3/14/2008
Page 2•of 2 �'
review.
Regards
Greg_Becker
612-203-0198
greg beckerCc�msn.com
3/14/2008
-, . �,
Note:
Unfortunately Mr. Becker came during the weekly Building and Planning staff ineeting
with the City Engineer and City Attorney so no one from Planning was available to speak
with him. The request was passed to us at the meeting but was understood to be for the
Staff report rather than the application. The Staff report was not completed. Shortly
after I received the email I informed 1VIr. Becker that the application was available for his
review. I also gave him directions for accessing the staff report on the City's website.
� ET
'. � � � Page 1 of 2
Christine Mattson �
From: Ronald G Dudley[ron_dudley@biz-transformations.com]
Sent: Friday, March 14, 2008 12:45 PM
To: Christine Mattson
Subject: Public Hearing March 17, 2008
From : Ron Dudley
3125 Casco Circle
Orono �
Subject: Written Comments-Planning Commission Hearing, March 17, 2008, Land Use application
#08-3350 for 3127 Casco Circle
Dear Ms. Mattson:
I will be out of town and unable to attend the public hearing regarding the request for a hardcover
variance to permit 37%hardcover in the 250-500 foot zone of the property located at 3127 Casco Circle.
Please accept and present to the Planning Commission these written comments regarding this matter.
I am the property owner adjacent to 3127 Casco Circle and thus could potentially be impacted by any
new construction.
Apparently,the land use application is in connection with a larger plan to construct a street side tennis
court,tear down and replace the existing house with a new home and remove the existing lakeside tennis
court.
In general, I am supportive of seeing a new home built next door and would not wish to hamper Mr.
Peters plans. However, it would appear that the application#08-3350 is premature unless a total site
plan, that calls for no other variances,has been filed and approved pending the requested 2 variances.
I simply do not have enough information about the total plan to know if the concerns I would have about
the proj ect have any foundation.
My chief concerns would be:
1. The adequacy of the grading, drainage and storm water runoff plan.
2. If Zoning Sec. 78-1404 (Tennis Courts) applies, does the site plan meet the side yard setbacks?
3. Does the site plan meet Sec. 78-1403 on lot coverage?
4. Does the site plan meet Sec. 78-1279 item#6 regarding lakeshore setback for the new home?
I am particularly concern about storm water runoff. I believe that the regulations provide that no project
will be perxnitted that that results in water runoff that deposits that runoff on adjacent properties. The
1984 storm water runoff plan that was part of the existing building plan for 3127 Casco was inadequate
and I have experienced water runoff problems from that property on to mine for many years. A tennis
court on the street yard could exasperate that problem unless the new site plan has a well engineered
drainage plan. It would seem impossible to know the impact of storm water run off and the adequacy of
the drainage plan unless these plans have been submitted and approved by Orono.
3/14/2008
Page 2,��2. ,.
It is also impossible to judge the drainage plan until the location of the new house has been determined.
In that regard, I have no idea if the total site plan would comply with the Average Lakeshore Setback
provision(item#6) of Sec. 78-1279. I would not be in favor of a variance to that provision.
I apologize for not being able to appear in person and hope that my comments are helpful to the
Planning Commission on this matter. I would request that you e-mail me a copy of the action taken and
also let me know if a total site plan has been submitted and if that plan has an adequate water runoff plan
and if the plan complies with the Average lakeshore Setback provision. Thank you for your assistance.
Sincerely,
' Ron Dudley
3/14/2008 "
Christine Mattson
From: blindgren8@mchsi.com
Sent: Monday, March 17, 2008 1:53 PM
To: Christine Mattson
Subject: RE: From Orono Website: Re:#08-3351
Christine:
Thanks for the information. I live at 2501 Kelly Ave. and I am concerned about additional noise, traffic, the
potential increase in vandalism, future changes in the use of the site, lighting from the building and cars,...
I would also like them to fix the fence between our parcels if they will have a lot of people using the bowling
alley. Any development should be part of a larger comprehensive plan. There will be additional accidents and
traffic problems at CSAH 15 and Kelly Ave even with a small increase in traffic.
Thanks for your time. �
Brent Lindgren
2501 Kelly Ave
Excelsior MN 55331
---------------------- Original Message: ---------------------
From: Christine Mattson <CMattson@ci.orono.mn.us> �
To: "'Brent.D.Lindgren@co.hennepin.mn.us"' <Brent.D.Lindgren@co.hennepin.mn.us> � �
Cc: "blindgren8@mchsi.com" <blindgren8@mchsi.com>
Subject: RE: From Orono Website: Re:#08-3351
Date: Fri, 14 Mar 2008 20:53:14 +0000
> Brent,
>
> Per your request is the link to the information you have requested.
> http://www.ci.orono.mn.us/agendas_2008.htm
>
> If you should have any additional questions, please feel free to contact me.
>
> Have a great weekend!
>
> Christine Mattson
> Planning Assistant
> 952-249-4620
>
>
> -----Original Message-----
> From: Brent.D.Lindgren@co.hennepin.mn.us
> [mailto:Brent.D.Lindgren@co.hennepin.mn.us]
> Sent: Friday, March 14, 2008 10:52 AM
> To: Christine Mattson
> Cc: blindgren8@mchsi.com
> Subject: From Orono Website: Re:#08-3351
>
>
> Christine: �
1
>
> Please email me at blindgren8@mchsi.com (see above cc ) information on
>#08-3351 regarding the bowling center when that becomes available.
>
> Thanks!
>
z
Page 1 of 1
Evelyn M. Turner
From: mijajosa@aol.com
Sent: Monday, March 17, 2008 11:57 AM
To: Evelyn M. Turner
Subject: B-1 Zoning Changes
Dear Planning Commission,
We would be opposed to a zoning change allowing bowling centers to be built on B-1 zoned land.
Thank you,
Jacqueline &Michael Ricks,2108 Sugar Woods Drive, Orono
Marilyn& George Mileusnic, 2110 Sugar Woods Drive, Orono
Supercharge your AIM. Get the AIM toolbar for your browser.
3/17/2008
n
t
Date Application Received: 2/20/08
Date Application Considered as Complete:2/20/08
60-Day Review Period Expires: 4/20/08
To: Chair Kempf and Planning Commission Members
Ron Moorse, City Administrator
� From: � Evelyn Turner, City Planner
Date: March 17, 2008 .
Subject: #08-3351 Barry Tanner
-Zoning Code Amendment—Section 78-644,Bowling Alleys in the B-1
Zoning District �
Public Hearing
-----------------------------------------------------------------------------------
Application Summary: The applicant requests the B-1 Retail Sales Business Disirict
regulations be amended to a11ow bowling centers as conditional uses.
Staff Recommendation: Planning Department Staff recommends approval with
conditions.
List of Ea�hibits � �
A. Application
B. B-1 Retail Sales Business District Zoning District Regulations
C. Excerpt from Zoning map showing locations zoned B-1
Background
Mr. Tanner wishes to re-open a bowling alley that operated unti12003. Bowling alleys or centers
are not allowed in the City, although there is a parking standard in the zoning code for bowling
alleys and bowling centers are allowed to hold on-sale intoxicating liquor, on-sale 3.2 beer or
set-up licenses. The bowling alley was a non-conforming use. Once it ceased operating for a
year it could not re-open.
For the bowling alley to re-open the zoning code must be amended to a11ow a bowling center or
a.11ey as a permitted or conditional use in the B-1 zoning district. It cannot be done by a variance
because it would be a use variance (allowing a use in a zoning district that is otherwise not
allowed). Sta.te statues do not allow municipalities to grant use variances.
Zoning codes usually classify bowling alleys or centers as part of the broader category of
commercial recreation. Also included in this category are cinemas, theatres, athletic clubs,
amusement arcades, golf driving ranges, billiard halls, tennis centers, and volleyball courts.
The Orono code makes no provision for these types of uses.
1
08--3351 "
Mazch 17,2008
Page 2 of 2
Issues for Consideration
A zoning district amendment must be considered independently of a specific proposal
however, since there is no definition of bowling alley or bowling center in the code,the
applicant's description would be the basis for a definition. It includes bowling, billiards,
video games, on-sale beer and setups but no food service. ,
• Is a bowling center as described consistent with the intent of the B-1 zoning district?
• Would a bowling center as described be compatible with the other uses allowed in the
B-1 zoning district?
• Would a bowling center as described be compatible with the uses adjacent to the B-1
zoned areas of the City?
• Are there restrictions or conditions that should be attached to bowling centers?
• Are there any other issues or concerns with this application?
Staff Recommendation
� � Staff is not that concerned about a small establishment with bowling lanes, a billiard ta.ble or
two and a few video games. (Although the amusement device licensing provision needs to
be reviewed as it appears to have been last revised before there were video games.) But the
sale of alcoholic beverages for on-site consumption, especially in the form of setups and
without food service, is of particular concern. Such esta.blishments operate late into the
evening. They also foster behavior that is incompatible with the residential areas that are
adjacent to most of the areas zoned B-1.
Staff recommends that bowling allevs, including incidental video games and billiards, be
allowed as conditional uses, but only if they are not allowed to serve alcoholic beverages.
Staff would also recommend the City's amusement device and alcohol licensing provisions
be reviewed to ensure they are up to date.
rl
t
PC Exhibit q
Barry Tanner �
144 Norman Ridge Drive
Bloomington,MN 55437
February 19, 2008
Planning Commission
City Council
City of Orono �
2750 Kelley Parkway
Orono IVIN 55356
Dear City of Orono:
Attached is my application and fee to amend the allowed uses of the current B-1 district to allow
the business of the `Navarre Lanes Family Fun Center'.
The Navarre Lanes Family Fun Center would be a revival of the old Navarre Lanes business that
existed in the basement portion of the 3423-25 Shoreline Drive building from the 1950-1960's era
until it closed in 2003. Up until the business closed in 2003 the former bowling alley served light
food(pizzas and sandwiches) and held a 3.21iquor license w/set-ups. (See Exhibits.) -
� The new Navarre Family Fun Center would not operate any type of kitchen and would make all of
its food and soft drinks available through vending machines. (We would offer snacks, sandwiches,
. pop,juices, etc. through these vending machines to eliminate any type of kitchen need.)
We would make no structural changes to the inside or outside of the building. All of our
improvements to the building would be cosmetic. (We would add new carpet, fresh paint, updated
fixtures,new seating and tables, etc.)
We would add a possible pool table or two and several arcade style video games to make the
Navarre Lanes Family Fun Center competitive and desirable to today's cliental.
The current plan is to refinish/repair the current bowling lanes to certified conditions. In addition
we would be making improvements to the gutters for children's `bumper bowling' and adding
scoring equipment/sound/lighting that would be needed to serve league bowlers and today's casual
recreational bowler.
Additional upgrades to pinsetters and mechanical equipment would be considered after we have re-
established the business. (These items are in current working order,but older models.)
�
i
;.i .
We would offer specials for children's birthday parties,private parties, league bowlers,holidays,
etc.
We plan to have leagues for children age 4-18,high school teams and adult leagues. (men&
women.) �
The business would be similar in size and operation to the current Country Club Lanes which
operates in Excelsior, MN and offers similar bowling, arcade games and a 3.21iquor license.
We believe in order to re-capture the adult league bowlers that supported the former lanes for many
years; we would have a desire and need to apply for a 3.21iquor license as soon as the `Navarre
Lanes Family Fun Center' is an approved business for the B-1 district.
Sincerely,
��
�� `?' .
Barry Tanner
`Navarre Lanes Family Fun Center'
�
.�,
,,
�
' � � : . �`�
��,� r�„. �.� .
y The Bowling Foundation -Bowling Facts
. �, ,
�
; ;:, ��.�,, ..;�,>
Bowling Facts -Summary
USBC Membership for 2006/2007 season as of May 2007:
•Number of USBC certified leagues bowlers: 2,521,617
•Number of USBC certified leagues: 71,196 •
•Number of USBC Sport Bowling members: 12,543
USBC Coaching Program as of May 2007:
•Number of coaches in USBC Coaches Association for 2007/2008: 842
•Number of USBC Coaches receiving certification for 2006/2007 season:
• Level I Coaches: 2,754
• Level II Coaches: 396
• Bronze Coaches: 410 .
• Silver Coaches: 107
• Gold Coaches: 3
Youth Bowling Programs for 2006/2007 season as of May 2007:
•Number of USBC Junior Gold members: 2,725
•Number of states with high schooi bowling: 48
•Number of colleges/universities with USBC certified teams: 150
•Number of USBC certified collegiate teams: 218 (107 men's teams,77 women's,34 mixed)
•Number of USBC Collegiate members: 2,422
2007 USBC Championships:
•Number of USBC Junior Goid Championships athletes: 1,728 • •
•Number of USBC Women's Championships bowiers: 43,811 (8,710 teams)
•Number of USBC Open Championships bowlers: 82,888 (16,235 teams)
USBC Certified Bowling Centers for 2006/2007 season as of May 2007:
•Number of USBC certified bowling centers: 5,559 (115,226 certified lanes)
•Number of centers with first time USBC certification: 45 '
Bowling Industry Figures:
•Total annual lineage for U.S.bowling centers for 2005/2006 season: 906,725,000 (7,894 per Iane bed)
•Bowling revenue per lane bed for 2005/2006 season: $20,478
•League play versus open play lineage for 2005/2006 season: 41.6%league play,58.4°k open play
•Number of PBA Members for 2006/2007 season(YTD): 4,233
•Number of bowlers(who bowled at least once in the past 12 months)in the United States in 2006: 66 million
•Number of youth(ages 6 to 17 who bowled at least once in the past 12 months)in 2006: 21 million
7
........6e�����i ��� .
U.S. and international bowling facts and�gures
(All figures as of Dec. 5, 2005, unless otherwise noted.)
International statistics
70 million
Number of bowlers in the USA (37 million male,33 million female)
(those who bowl at least once a year) Source: Simmons Research 2003
' Number of bowlers worldwide 100,000,000
(10 million are competitive)
(those who bowl in leagues annually) Source: Federation Internationale des QuiNeurs
Number of youth bowlers 24 million
(those 17 and under who bowl at least once a year) SOUCC2: Simmons Research 2003
2,896,053
Number of certified league bowlers Source: United States Bowling Congress
Number of USBC certified tenpin bowling 5,646
centers in the USA SOUI'C2: USBC
Number of USBC certifled tenpin lane 115,704
beds in the USA SOUI'C2: USBC
11,000 (approximate)
Number of bowling centers worldwide $OUfCe' FIQ
250,000(approximate)
Number of bowling lanes worldwide SOUI'C@: FIQ
Number of countries with competitive bowling (league bowlers) 100
Source: FIQ
Economic impact of bowling in the USA $10 biliion
Source: Bowling Inc. 1996 study/Harrison Price Co
Number of states with varsity or club bowiing teams in high schoois $OUfCE: �1$BC
1
' PC Exhibit B
ZONIIVG REGULATIONS § 78-643
P'_ "�..
2
The notification and public heaxing procedure for 5ec. 78-642. Permit application.
such amendment shall be the same as for ap- � applications for a building permit in any
proval of the original RPUD.A major amendment B_1 retai.l sales business district shall be reviewed
is any amendment which: by the council and may be referred to the plan-
(1) Substantially alters the location of b ' d- ning commission for review.
ings, parking areas or roads; (Code 1984, § 10.40(2))
(2) Increases or decreases the numb of res- Sec. 78-643. Permitted uses.
idential dwelling uYUts; Within any B-1 retail sales business district,no
structure or land shall be used except for one of
(3) Increases the gross floor are of any indi- the following uses or uses deemed similar by the
vidual building; . . . council: • . .
(4) Increases the number stories of any (1) Retail dnd service businesses. The follow-
building; ing neighborhood retail sales and service
businesses supplying comm.odities or per-
(5) Decreases the amo t of open space or forming a service primarily for residents
' alters it in such way as to change its in the surrounding neighborhood:
� original design o intended use; or a. Arts and school supplies store.
(6) Creates nonc pliance with any special b. Banks and insurance companies.
condition a ached to the approval of the . c. Barbershops and beauty shops.
r,----,�, master d elopment plan. d. Bicycle sales and repair.
�� � e. Books, magazines, record shop.
Any other endment may be made through
review and pproval by a simple majority vote of f. Drugs, candy,ice cream, soft drinks,
the coun ' . cosmetics and other usual drugstore
(Ord. . 202 2nd series, § 1(8), 2-26-2001) merchandise.
� g. Dry cleaning and laundry pickup
S s. 78-630-78-640. Reserved. stations, including incidental press-
ing and repair.
DIVISION 12. B-1 RETAIL SALES BUSINESS h. Garden supplies, florist shop.
DISTRICT* i. Gift or antique shops.
j. Hardware store, paint store.
Sec. 78-641. 1DUrpose. ` k. Hobby shops, camera and photo-
graphic supply stores.
The B-1 retail sales business district is in- 1. Jewelry shops and repair.
tended to provide a district for businesses that
supply commodities or perform a service prima- m. Laundromats.
rily for residents in the surrounding neighbor- n. Locksmith.
hood. The district may adjoin residential districts
o. Music,radio,TV,appliance sales and
or other business districts which are subject to repair stores.
more restrictive controls. The district shall have
immediate access to adequate highways and pub- p. Newsstands.
lic sanitary sewer. q. Office supply store, office machine
(Code 1984, § 10.40(1)) store. ,
' " , �Cross re£erence—Businesses,ch.2s. r. Pet shop.
� CD78:123
7
§78-643 ORONO CITY CODE �
. �:
� 3
'`� >'"� s. Pipe and tobacco shops. majority of customers order and are served
'% � t. Plumbing, electrical, heating, their food to be consumed at a counter in
o �� housewares, furniture, carpet store. packages prepared to leave the premises;
� or a drive-in where most customers con-
� u. Postal substation. sume their food in an automobile regard-
�v.� Real estate sales. less of how it is served, or restaurants
w. Retail food of all varieties and home which serve intoxicating liquor or have
supplies. live entertainment.
x. Sewing center and yard goods. (5) Off-street parking when the principal site .
y. Sporting goods store. of the off-street parking abuts on a lot
which is another B or l district and is in
z. Tailor shops. the same ownersh'ip as the land in the B ,
aa. Temporary sales, such as Christmas or l district and subject to those condi-
tree lots. tions as set forth in article X,division 5,of
bb. Travel bureau. this chapter and such other conditions as
found necessary by the council.
� cc. Variety store. (6) Public service structures, including but
dd. Wearing apparel store, shoestore. not limited to electric transmission lines
. ee. Off-sale liquor store. and buildings, such as telephone ex-
ff. Home and garden equipment rental. change stations, booster or pressure sta-
� tions, elevated tanks, lift stations and. .
(2) Municipal buildings. Municipal buildings electric power substations.Personal wire-
where the use conducted is customari]y less service and commercial broadcasting F� ',,:
considered to be an office use. � antennas and towers shall not be consid- L-....-�•y�
(Code 1984, § 10.40(3); Ord. No. 152 2nd series, ered public service structures.
§ 1, 10-28-1996) (7) Day nurseries, provided not less than 50
Sec. 78-644. Conditional uses. square feet of outside play area per pupil
is available and fenced.
Within the B-1 retail sales business district,no �g� professional office and offices of a general
structure or land shall be used for one of the nature.
following uses without a conditional use permit:
(Code 1984, § 10.40(4); Ord. No. 161 2nd series,
(1) Garages for the servicing and repair of § 8, 6-7-1997; Ord. No. 183 2nd series, §§ 1, 2,
automobiles,provided repair functions are 2-22-1999)
totally enclosed in a building. �
(2) Motor fuel stations subject to the provi- Sec. 78-645. Accessory uses.
sions set forth in section 78-1373. Within any B-1 retail sales busin.ess district,
(3) Restaurant(class I),in which food is served the following uses shall be permitted accessory
to customers while seated at counter or uses:
table, or cafeteria, in which food is se- (1) Private garages, off-street parking and
lected by a customer while going through loading spaces, as regulated in this chap-
a li.ne and taken to a table for consump- ter.
tion. Neither live entertainment nor in- '
toxicating liquor sales are permitted in (2) Signs, as regulated in this chapter.
class I restaurants. (3) Buildings temporarily located for pur-
(4) Restaurant (class II), i.e., a fast food, poses of construction on the premises for a
convenience, drive-in, or liquor store res- period not to exceed time necessary to '
i
taurant, which is a restaurant where a complete the construction. __
. CD78:124
, .
�'�r�^ ZONING REGULATIONS §78-645
(4) Decorative landscape features. 5. Building permits. A building
permit shall be required for the
(5) Fences, as regulated in this chapter. installation of any accessory an-
(6) Any incidental repair or processing neces- tenna requiring a conditional
sary to conduct a permitted principal use, use permit.Building permit ap-
provided that the incidental use shall not plications shall be accompa-
egceed 30 percent of the floor space of the nied by a site plan and struc-
. principal building. . tural component data for the
accessory antenna,including de-
(7) Public telephone booths. tails of anchoring.The building
official must approve the plans
(8) Communication reception/transmission de- before installation.
. vices.
6. Lighting protection.Each acces-
a. Accessory dntennas.Accessory anten- sory antenna shall be grounded �-�
nas shall be li.mited to radio and to protect against natural light-
television receiving antennas, satel- ning strikes in conformance with
lite dishes, TVRO's, and amateur the National Electrical Code as
shortwave radio transmitting and adopted by the city.
receivi.ng antennas.Accessory anten-
nas that aze accessory to the princi- 7. Electricdl code. Accessory an-
pal use of the property are permitted tenna electrical equipment and
accessory uses in all zoning districts, connections shall be designed
�...—., provided they meet the following con- and installed in conformance
`" '°, ��o�: with the National Electrical
Code as adopted by the city.
`�.__•%'� 1. Height. A ground mounted ac-
cessory antenna shall not eg- 8. Color/content.Accessory anten-
ceed 20 feet in height from • nas shall be of a neutral color
ground level. and shall not be used as signage.
2. Yards.Accessory antennas shall b. Amateur shortwave radio dntennas
not be located within the re- dnd towers. Amateur shortwave ra-
quired front yard setback, cor- dio antennas and fowlers which do
ner side yard setback or side not meet the conditions for accessory
yard setback abutting a street. antennas, may be allowed with a
conditional use permit in all zoning
3. Roofs. If vegetation or obstruc- districts provided they meet the fol-
tions interfere with satellite sig- lowing conditions:
nals at a location in any allow-
able placement area, the 1. Height.When an amateur short-
accessory antenna may be wave radio antenna is mounted
•. , placed on the roof of any autho- on an antenna tower, the total
rized structure on the premises. height of the antenna and tower
shall not egceed 65 feet.
4. Setbdck. Accessory antennas
shall not be located withi.n a 2. Ydrds. Amateur shortwave ra-
required yard or setback area dio antennas and towers shall
or within drainage or utility not be located within a front,
easements. Antenna towers corner side or side yard.
shall be set back from adjacent 3. Setbacks. Amateur shortwave
property lines a horizontal dis- radio antennas and towers shall
- tance no less than the ma�- not be located within any re-
4�_ mum height of the antenna. quired setback area and shall
�..�...
CD78:125
� .
§78-645 ORONO CI'PY CODE .`� -
;.
I `
be located no less than the c. Specially designed precast concrete
height of the antenna and tower units if the surfaces have been inte-
from the property line. grally treated with an applied deco-
(Code 1984, § 10.40(5); Ord. No. 161 2nd series, rative material or tegture;
§ 8, 6-7-1997; Ord. No. 183 2nd series, § 3, '
2-22-1999) d. Factory fabricated and finished metal
framed panel construction, if the
Sec. 7&646. Area,height,lot width, setback P�el materials are of any of those
requirements and design re- noted in subsections(g)(1)a�of this
quirements. section; or
(a) Area. In any B-1 district, the minimum lot . e. Other materials as may be approved
size shall be 20,000 square feet. by the council.Combinations of such
materials shall be permitted.
(b) Lot width.The minimum lot width shall be
100 feet. (2) All subsequent additions and outbuild-
. ings constructed after the erection of an
(c) Front ydrds. The m;,,;T„um front yard shall original building or buildings shall be
be 20 feet. constructed of materials comparable to
those used in the original construction
(d) Redr ydrds. The minimum rear yard shall and shall be designed in a manner con-
be 30 feet, a side yard adjacent to any R district forming with the original architectural
shall be 15 feet, and a side yard adjacent to a design and general appearance.
street shall be ten feet. � .
(e) Setback requirements. No building shall be �3) No building or structure of a temporary ,
character,trailer,basement,tent or shack
nearer than 35 feet to any front lot line, 35 feet shall be constructed, placed or main-
from any reaz lot line, 15 feet from any side lot tained upon the property egcept as acces-
line, or 35 feet to a side lot line adjacent to a sory to and during the construction of
street; egcept abutting or across the street from permanent buildings.
an R district,no building shall be less than 35 feet
from such lot line.
� (h) Drdindge. No land shall be developed and
(fl Fencing. Wherever a B-1 retail sales busi- no use shall be permitted that results in water
ness district abuts an R district, along the side or �off causing floods, erosion or deposits on adja-
rear lot line, a fence or compact evergreen hedge cent properties. Site and drainage plans shall be
no less than 50 percent opaque nor less than sig submitted by the applicant in such detail as
feet in height shall be erected along the abutting required by the council, and those plans shall be
lines except within the required front yard. reviewed by the city engi.neer before submission
� to the plarLn?ng commission and council for ap-
(g) Building design and construction. In addi- � proval. Such runoff may be required to be prop-
tion to other restrictions of this chapter, the use, erly channeled into a natural watercourse, pond-
construction, alteration or enlargements to any ing area, storm drain or other public facilities.
building or structure within the district shall Any change in grade affecting water runoff,
meet the following standards: whether onto adjacent property or otherwise,must
be in compliance with the surface water manage-
(1) All egterior wall finishes on any building ment plan and shall be consistent with other.
shall be: applicable regulations or provisions of this Code
a. Face brick; and subject to the approval of other agencies
having jurisdiction over the area affected by the t,•
b. Natural stone; drainage. <
���._ �
CD78:126
. •
r,...,..,...
/� ZOI�TING REGULATIONS § 78-666
(i) Height. No structure or building shall eg- fered from the unregulated egpansion commer- .
ceed 2�/a stories and shall not egceed 30 feet in cial activities,while protecting and e ancing the
height egcept as provided in section 78-1366. quality of the lake and shoreland vironment.
(Code 1984,§ 10.40(6);Ord.No. 18 3rd series, §3, (Code 1984, § 10.41(1); Ord. No. 32 2nd series,
9-27-2004) . �§ 2, 1-23-1995)
Sec. 78-663. Business 1' ense required.
Secs. 78-647-78-660. Reserved.
� Each marina busin s within the B-2lakeshore
DIVISIO 3. B-2 LAKESHORE BUSINESS business district sh obta.i.n an annual marina
DISTRICT* business license p the provisions of this Code.
(Code 1984, § 1 .41(3); Ord. No. 132 2nd series,
. � § 2, 1-23-1995
Sec. 78-661. Defin.it ns.
Sec. 78-6 4. Building permit application.
The following words,te s and phrases,when
used in this division, shall ve the meanixigs .411 plications for a building permit within
ascribed to them in this section, cept where the the -2 lakeshore business district shall be re-
contegt clearly indicates a differen meani.ng: vie ed by the council and may be referred to the
p "ng commission and/or a specially appointed
Charter boat means a watercraft c ' g pas- ake use committee for review.
sengers for hire on Lake Minnetonka and 'ch is (Code 1984, § 10.41(4); Ord. No. 132 2nd series,
required to hold a certificate of registration om § 2, 1-23-1995)
��~ �`�� the Lake Minnetonka Conservation District.
Sec. 78-665. Permitted uses.
�
`�---' Mdrind business means engaging in on or
more of the permitted, accessory or condi 'onal Within the B-2lakeshore business district, no
uses allowed within the B-2 lakeshore b iness 1 or structure shall be used egcept for one or
district. more the following uses:
(Code 1984, § 10.41(2); Ord. No. 132 d series, (1) R tal of in-water boat slips.
§ 2, 1-23-1995)
Cross reference—Definitions generally, �-2. (2) Sales f boats, motors, trailers and ma-
� rine acc sories.
Sec. 78-662. Purpose. (3) Repair and rvicing of boats.
The B-2 lakeshore busine s district was origi- (4) On-land storag f boats,winter and sum-
nally intended to provide areas where limited mer.
commercial businesses c d be located to service (5) Mari.ne fuel sales.
boats used for recrea onal purposes on Lake
Minnetonka. Howeve , many of the operators of (6) Bait and fishing tackle s es.
the lakeshore bus' sses have stripped the trees (Code 1984, § 10.41(5); Ord. No. 1 2nd series,
and vegetation m the shorelands and have § 2, 1-23-1995)
egpanded the erations so that now the B-2
lakeshore bus' ess district adversely affect the Sec. 78-666. Conditional uses.
lake water ality and the real estate values of
adjoining p aperties. The purpose of this division No conditional use permit shall be granted
is to provide regulation of these businesses in a �ess the property is found to be in compliance
manner that will ensure protection of adjacent �th the landscaping and screening requirements
. residential properties which have previously suf- of this division.All conditional use permit appli-
, cations shall be reviewed in accordance with the
� *Cross reference—Businesses,ch.2s. provisions of article V of this chapter.Within any
Supp.No.2 CD78:127
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Date Application Received: 2/22/OS
Date Application Considered as Complete:2/22/08
60-Day Review Period Expires: 2/22/08
To: Chair Kempf and Planning Commission Members
Ron Moorse, City Administratar �
i '
From: Evelyn Turner, City Planner � �
Date: March 17, 2008 .
Subject: 08-3352 Tim Hauser on behalf of Clem Kroll
60 Stubbs Bay Road South
Sketch Plan �
-----------------------------------------------------------------------------------
Application Summary: The applicant requests comments on a sketch plan to subdivide
the ro erty into four lots.
Staff Recommendation: The Planning Commission carefully review the Applicant's
- submittals and consider whether the proposed development meets the City's goals for
the rural area, and identi any issues the A licant should address.
� Pertinent Zoning Ordinance Sections:
Sec. 82-85. Sketch plan.
(a) Purpose. The sketch plan is an initial presentation of the subdivider's intention
and serves as the basis for conceptual discussion between the city and the subdivider
and provides beneficial savings for the subdivider. �
(b) Requirements. A sketch plan review may be completed for a11 class I and II
subdivision applications. A sketch plan review shall be completed for all class III
subdivision applications prior to the city's accepting any preliminary plat
applications.
(d) Sketch plan review and recommendations.
(1) Sketch plan review. The planning commission shall study the sketch
� plan,taking into consideration the requirements of this chapter and the best
use of the land being subdivided. Particular attention will be given to the
location, arrangement and size of lots,parkland ded.ication,the further
development of adjoining lands as yet unsubdivided,and the requirements of
chapter 78 and the comprehensive municipal plan.
(2) Recommendations to the subdivider. After reviewing and discussing the
sketch plan,the planning commission and/or zoning administrator will advise
in a general manner the subdivider of the changes or additions, if any, which
will be required in the layout, and the chazacter and extent of required
improvements and dedications which will be required as a prerequisite to the
approval of the preliminary plat. The planning commission may require
additional changes as a result of further study of the preliminary subdivision.
c
#�08-3352 �
March 17,2008
Page 2 of 2
List of Exhibits
A. Application
B. Area Map
C. Sketch Plan
--------------------------------------------------------------------------------------
SITE.ANALYSIS
Historv: This property was part of the subdivision that in 1988 created Christine Drive and
the four lots on the south side of the road. It was contemplated that this property would
someday be subdivided into four lots. .
Size• 8.9 acres
Comprehensive Plan Desisnation: Rural Residential, one unit per two acres
ZoninE: RR-1B (Minimum lot size: 2 acres, 200 feet)
Wetlands: Although there is a wetland on the adjacent property the applicant indicates it
does not extend onto the property. �
. Vegetation: The three easterly lots are heavily wooded. The fourth lot has a good number
of specimen trees.
Topo�raphv: There is a steep slope up from the street.
. SKETCH PLAN ANALYSIS �
Lot Area/Width/Setbacks:
Lot Area Lot Width
Minimum 2 acres 200 feet
Lot 1 ' 2.1 acres 262 feet
Lot 2 2.0 acres 208 feet
Lot 3 2.4 acres 200 feet
Lot 4 2.4 acres 200 feet
Circulation: Access for all lots would be from Christine Drive.
Utilities: Septic Systems and Private Wells
Common Area: There will be no common area.
PLAN1vING COMMISSION ACTION REQUESTED
Planning Commission is requested to review the applicant's submittals and the additional
materials provided by staff, identify any specific issues that need to be addressed if the
application moves forward. As a sketch plan,this review process should not result in any
formal motion or commitment to any approvals, and no vote should be taken.
� ���v��C!��
� C ity of O ro n o . �iA� 0 ? �U08
Subdivision Application �,�oFORONo
Street Address: Application# Q °'33S Z
,�`0� 2750 Kelley Parkway Date Received: Z 2..2 � •
Y Orono, MN 55356 Amount Paid: �
� 0 . Staff: �-�
Main: 952-249-4600 � Fee: . 7
� � fax: 952-249-4616 Renewal: .
�� �tii4 Mailing Address:
r`�x'ESBO�'� P.O. Box 66 � �
� Crystal Bay, MN 55323-0066
This application form must be completed in full.
PROPERTY INFORMATION: �
Site Address: �p s S��� �� S �o..� �
Property Identification Number(PIN): �
(Attach legal description to application if not included on the survey.)
Date Property Acquired (month/year): 0 Abstract or ❑ Torrens, please check one
' Present use of prope ` `�Residential - � Other
Zoning District: R�. �
APPLICA��ORM TION: (Complete legal names and marital status required for each interested party)
Name: \ ` -�c�{�s��s• �
Phone (home): Q S� tJ(,�"-i - � �4 a, Phone (work): �S� `�fn'7^ �g9 � -
� Address: ��.b �c�,:,.�� � �c�}� -'Ptr-� �oY.,.>no � �m v. S"S'3 � "�
Email: �, � h�vs� �a- h�;.,s��'I�o�,.� . �;Z Fax: RS a-, �,f C� 1�-r ��-�
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: �c►'� `�►-�Z � �
Phone (homej,: �ira — �{�3� � 83� • Phone (work): '
�Address:` (�o �o•.,k4� S��l,�b5 (r�:�,�-^ !Zo a (�� j10
Email: Fax:
EXlSTING LAND USE: �
Number of Tax Parcels:
Development Size: Acres Dry Land
� Acres Wet Land
Acres TOTAL, all parcels
Present Use (check one) '�7 Residential; Number of Units: ,
❑ Other: (Specify)
. . Present Zoning District
Proposal: � �
❑ Division for Tax Purposes
❑ Lot Line Rearrangement Only (no new building sites)
l�l Subdivision for New Building Sites p��rt 5���,�
Number of Building Sites j, Existing Units
New Units
Total Units
Proposed Gross Density ( Units per p�_ Acres
Minimum Lot Size ' Square Feet Dry Buildable Land
Proposed Use (check) '�7 Residential
(� Other(specify)
10
4 r.
+ MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION
1. Payment of fees(refer to"application fees"listed below).
2. Completed appfication form.
3. Preliminary plat information on Certificate of Survey.
4 Certified Property Owners List of owners within 3�0' (you must obtain this list from Hennepin County Department of
Finance, Government Center, A-603 300 South 6 Street, Minneapolis, telephone 612-348-5910).
5 As an addendum to this application, please attach a separate list of any other persons you wish notified of this
application.
MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION
� 1. Payment of fees(refer to Preliminary Subdivision Approval resolution and park fees if applicable).
2. Signed Certificate of Survey or mylar copies of formal ptat. �
3. Title opinion.
4. Easements, covenants, etc. � .
5. Developers Agreement and Letter of Credit.
APPLICATION FEES (Zoning Administrator to check[X]those which apply)
A. plication Base Fees: TOTALS
�Sketch Plan Review(Class I, II & III) $350:00 �
Subdivision of a Lot Line Rearrangement$600.00
Subdivision Application (Class I & II)�600.00
. Preliminary Subdivision Application $750.00 +$30.00/lot(Class III &all non-residential)
� Final Plat Application (Cfass III)$250.00 '
Legal Review and Filing:
Subdivision only$140.00 .
Subdivision w/easements and covenants; minimum $280.00+any additional costs
Park Fees (to be determined per Section 82-227)
� Legal and Engineering Review Fees (as incurred)
Renewal of Class I, II, & III Subdivision and of a Lot Line Rearrangement Application$300.00 .
B. Special Improvement Fees: �
Proposed Private Roads $650.00+$.50 per lineal foot; lin.ft. x.50= $
Proposed Public Roads$950.00+$.50 per lineal foot; lin. ft. x .50=$
Request for City to Accept Existing Private Road$950.00
Proposed Sanitary Sewer Main Extension$275.00+$25/stub �
Proposed Watermain Extension$275.00+ $25/stub
Proposed Storm Sewer System (excluding culverts)$250.00
On-Site System, Site Evaluation Review(applicable to rural subdivisions) $60/per lot x_new lots
C. Flexible Application Fees/Miscellaneous Fees
� Variance$600.00 �
Vacation of Public Road $75 per benefiting property($600 minimum per application)
Easement Vacation Associated with a Subdivision$100.00
PRD Application with Subdivision $35.00 per dwelling unit
The applicant hereby agrees to provide all information required or requested by Planning Department
Staff, City Engineer, City Attorney, Planning Commission and Council necessary to process this � �
� application and further a o pay all additional fees established by ordinance.
Applicant's Signature: Date: c� ^��— � �
Owner's Signature: `� ' Date: p���— � �
Applicant must have�all submittals into the City Office 25 ys 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 City Planner assigned to your project of this change prior
to the meeting.
11
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