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FILE NO. �;� -<� "'' �
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❑ Meeting with Staff:
❑ Date Application Completed: C� � �-��' "�,�' 60 Day: l (� �=�(1� l:'C`
❑ Incomplete Notice Sent:
❑ Date Property Owners Notified:
❑ Date Legal Notice Published:
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❑ Resolution
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CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I,Mary Ann Johnson, of the City of Orono,Hennepin County,Minnesota,do hereby certify
that a Notice of Public Hearing concerning the matter of#2630, as mailed to the attached list of
property owners.
In Witness Whereof,I have hereunto set my hand and seal this 7th day of OCTOBER, 2000.
�� �
Mary Ann son
" 8. #2626 William B. and Lynne M.L. Peterson, 420 Orchard Park Road, requests
variances to permit construction of a new residence on a 4.8 acre lot where
5 acres is the minimum lot size for new construction,and vacation of a public
right-of-way.
9. #2627 Willmar L. Thorkelson, 440 Big Island, requests an after-the-fact variance
to permit an accessory building to remain on the property 23' from the
property line to an undeveloped right-of-way where 30' is required.
10. #2628 Roger Anderson, 2200 Shadywood Road, requests a lot width variance to
permit a new residence to be constructed on a property 52' wide at the
required structure setback from the lakeshore where 100' is required.
11. #2629 Keith Nord, 1245 Lakeview Avenue, requests variances to permit a
residential addition within a required 10' side yard setback and vacation of a
portion of an undeveloped public right-of-way.
12. #2630 Gregg and Stephanie Larsen, 1380 Rest�oint Road,requests variances and
_ _ •� a conditional use permit to replace deteriorating retaining walls within 75'of
- - - ���" �" the lakeshore of Lake Minnetonka with boulder retaining walls constituting
replacement of hardcover and structure within the lakeshore setback.
All persons wishing to be heard are encouraged to attend this meeting. VVritten comments are
accepted and shall be submitted to the City of Orono by October 11,2000. Plans are available in the
City Offices. For an appointment, please call (9�2) 249-4600.
City of Orono
By: Planning Commission
' � / 0 �� � �
, '�t-L'�✓� �'C/
Paul Weinberger, Zoning Administrator/Planner
To be published the week of September 30, 2000.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
CITY OF ORONO '
27�0 Kelley Parl.-�vay, P.O. Box 66
Crystal Bay, MN 5�323
Phone (9�2) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkw�ay on Monday, October 16, 2000, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #2571 Doug Ault and Jim Ginther, 2739 Shady�vood Road, requests an after-the-
fact variance to allow an expansion of the existing parking area to
accommodate two parking spaces constituting hardcover within 75' of the
OHWL(929.4')of Lake Minnetonka for a lot used for mooring of two boats.
2. #2614 Joe and Sue Haus, 448� Bayside Road, request a variance to permit an
existing detached garage to remain on the property 2'from the north property
line, closer to the property line than a new residential structure.
..
" - - �3.� '��� �'2620 Paul Pascuzzi, 3320 Navarre Lane, requests an after-the-fact variance to
permit a storage shed to remain on the property. The shed has been
constructed on a property line and within a front yard, where accessory
structures are required to be located at a minimum setback to the principal
residence.
4. #2622 Gina Kosek, 187� Shadywood �Road, requests variances to permit
construction of a deck�vithin the 75' lakeshore setback where no structures
are permitted.
5. #2623 Greg and Michelle Walsh, 1926 Fagerness Point Road, requests variances
to permit new construction of a residence on an undersized lot 8,018 s.f. in
area where 21,780 s.f. is required, 20' from the front property line where 30'
is required,30'from the lakeshore of Lake Minnetonka where 75'is required,
and to permithardcover and structure within 75' of the lakeshore.
6. #2624 Roger Olsen, 815 Partenwood Road, requests renewal variances for
lakeshore setback,and hardcover in the 0-75'setback to remodel and expand
an existing residence.
7. #2625 Morgan K. Nelson, 3145 Jamestown Road, requests variances to permit
construction of an above ground pool encroaching 30' into the average
lakeshore setback and within the 150' structure setback to Lake Classen.
Affidavit of Publication
CITY OF ORONO
2750 K�Iley Parkway, P.O. Box 68 State of Minnesota, County of Hennepin.
Crystal Bay, MN 55323
Phone (952) 249-4600
Fax (952) 249-4616
Bill Holm, being duly sworn on oath, says that he
NOTICE
is an authorized agent and employee of the
The Planning Commission will hold
public hearings in the Council Chambers at publisher of the newspaper known as THE
2780 Kelley Parkway on Monday,October�s, L A K E R, M o u n d, M i n n e s o t a, a n d fl a S f U��
2000 beginning at 6:30 p.m.on the matter of
�e��eW��s tne fo��oW��s�a�d�SQ aPa���at�o^S: knowledge of the facts which are stated below:
1. 3t2571 Doug Ault and Jim Ginther,
2739 Shadywood Road,requests an after-
the-fact variance to allow an expansion of the A.) The newspaper has complied with all the
existing parking area to accommodate two requirements constituting qualifications as a
parking spaces constituting hardcover within
75'of the OHWL(929.4')of Lake Min�etonka qualified newspaper, as provided by Minnesota
fpr a lot used for mooring of two boats.
,�� �, , Statute 331 A.02, 331 A.07, and other applicable
� 2' #2620 Joe and Sue Ha�1s, 4485
�e��r�t�r��a,T�q�S��v�r��or��;c laws, as amended.
an existing detached garage toremain bn the
property 2' from the north properry line,
closer to the property line than a new B.) The printed Land USe Applications
residential structure.
3. #2620 Paul Pascuzzi, 3320
Navarre Lane, requests an after-the-fact
variance to permit a storage shed to remain
on the property. The shed has been
constructed on a property line and within a WhlCfl is attached was cut from the columns of
front yard, where accessory siructures are
required to be located at a minimum setback said newspaper, and was printed and published
to the principal residence.
once each week for 1 successive weeks.
4. #2622 Gina Kosek, 1875
Shadywood Road, requests variances to
permi[construction of a deck within the 75� It was first published Saturday
lakeshore setback where no structures are
permitted.
5. #2623 Greg and Michelle waisn, the 30thday of September 2000 ,
1926 Fagerness Point Road, requests
variances ro permit new construction of a ;r�,'i_'; ,'�'��y
residence on an undersized lot 8,o,a S.f. �� and was thereafter printed and published
area where 21,780 s.f.is required; 20'from
the front propevty line where 30' is required; �;�r'p,ij�� every Saturday, to and including Saturday,
30' from the lakeshore of Lake Minnetonka
where 75' is required, and'to permit
hardcover and s[ructure within 75' of the ^ the day of 20
�a L'����<�
lakeshore. � ' -�
6. i12624 Roger Olsen, 815 �
Partenwood Road, requests renewal
variances for lakeshore setback, and
hardcover in the 0-75' setback to remodel
and expand an existing residence.
Authorized Agent
7. #2625 Morgan K. Nelson, 3145
Jamestown Road, requests variances to
permit construction of an above ground pool Suscribed and sworn to me on this
encroaching 30' into the average lakeshore
setback and within the 150'structure setback
rol.akeClassen. 30thday Of Se tember , 2Q 00,
8. #2626 William B. and Lynne M.L.
Peterson, 420 Orchard Park Road,
requests variances to permit construction of a `
new residence on a 4.8 acre lot where 5 acres
is the minimum lot size for new construction, B�/;
and vacation of a public right-of-way.
Notary Public
9, tt2627 Willmar L. Thorkelson,440
�ig Island, requests an after-the-fact KRISTI HOLM
variance to permit an accessory building to
remain on the properry 23'from the properry NOTARYPUBLIC-MINNESOTA
line to an undeveloped right-of-way where 30' My Commission Expires Jai1.31,2005
is required. """
t0. #2628 Roger Anderson, 2200 � � � ~
Shadywood Road, requests a lot width
variance to permit a new residence to be Rate Information
conscrucced on a property 52' wide at the (1) Lowest classified rate paid by commercial users
required structure setback from the
lakeshore where 100�is required. for comparable space:$13.45 per inch.
11. #2629 Keith Nord,1245 Lakeview (2) Maximum rate allowed by law for above matter: $13.45.
Avenue, requescs variances co permic a (3) Rate actually charged for above matter: $7.49 per inch.
residential addition within a required 10'side Each additional successive week: $5.44.
yard setback and vacation of a portion of an
undeveloped public right-of-way.
12, ri2630 Gregg and Stephanie
Larsen, 1380 Rest Point Road, requests
variances and a conditional use permit to
replace deteriorating retaining walls within 75'
of the lakeshore or Lake Minneotnka with
boulder retaining walls constituting
replacement of hardcover and structure
within the lakeshore setback.
All persons wishing to be heard are
encouraged to attend this meeting. Written
comments are accepted and shall be
submitted to the City of Orono by October 11,
2000. Plans are available in the City Offices.
For an appointment, please call (952) 249-
4600.
City of Orono
By; Planning Commission
Paul Weinberger
Zoning Administratnr/Planner
(Published in The Laker and Pioneer
Sept:30,2000)
RUN DATE 09/14/00 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT N0. PI435401
PROPERTY OMNERS LIST PA6E 10
� BATCH 503
38 07-117-23 31 0024 38 07-�17-23 32 0002 38 07-117-23 32 0030
PROP ADDR 01350 REST POINT CIR 01340 REST POINT LA 01310 REST POINT LA
OWNER NAME RICHARD L ANFINSON J H HOUTMAN & K J HOUTMAN E D & C L REINHART
TAXPAYER RICHARD L ANFINSON J H HOUTMAN & K J HOUTMAN ERIC D REINHART ,
NAME/ADDR 1350 REST POINT CIR 1340 REST POINT LA 1310 REST POINT LA
MOUND MN 55364 MOUND MN 55364 MOUND MN 55364
38 07-117-23 32 0031 38 07-117-23 32 0034 38 07-117-23 32 0037
PROP ADDR 01360 REST POINT CIR , 01365 REST POINT RD 01375 REST POINT RD
OWNER NAME D 8 J BOIES JR THOMAS NICHOLAS BERSCHEID M B 8 L K 6ERLICHER
TAXPAYER DAVID B 8 JENNIFER BOIES JR TNOMAS NICHOLAS BERSCHEID MICHAEL B 8 LYNNE 6ERLICHER
NAME/ADDR 1360 REST POINT CIRCLE � 1365 REST POINT RD 1375 REST POINT RD
MOUND MN 55364 MOUND MN 55364 MOUND MN 55364
38 07-117-23 32 0038 38 07-117-23 32 0039 38 07-117-23 32 0060
PROP ADDR 01373 REST POINT RD 01350 REST POI11T RD 01366 REST POINT RD
OMNER NAME K E ANDERSON 8 A K KRAMER L 6 S 6RABILL J K LANGHANS 8 S LANGHANS
TAXPAYER KIRK ANDERSON LARRY 8 SHARON 6RABILL JAMES K & SHEILA LANGHANS '
NAME/ADDR 1373 REST POINT RD 1350 REST POINT RD 1366 REST POINT RD
MOUND MN 55364 MOUND MN 55364 MOUND MN 55364
38 07-117-23 32 0061 38 07-117-23 32 0062 38 07-117-23 33 0001
PROP ADDR 01371 REST POINT LA 01354 REST POINT CIR 01410 REST POINT RD
ONNER NAME KENNETH M & RENEE 6 EG6ERT B A SCHEBLER 8 S B SCHEBLER ROBERT 6 BREDESON
TAXPAYER KENNETH N 8 RENEE 6 EGGERT B A SCNEBLER 8 S B SCHEBLER ROBERT G BREDESON
NAME/ADDR 1371 REST POINT LA 1354 REST POINT CIR 15 E ST ALBANS RD
MOUND MN 55364 MOUND MN 55364 HOPKINS MN 55305
38 07-117-23 33 0002 38 07-117-23 33 0003 38 07-117-23 33 0004
PROP ADDR 01400 REST POINT RD 01406 REST POINT RD 01398 REST POINT RD
ONNER NAME DAVID A NIllIAMS ETAL L R HORN & M HORN L K JOHNSON & C B JOl�iSON
TAXPAYER DAVID A YlILLIAMS IESTER R 8 MYRTLE HORN LYLE K JOHNSON
NAME/ADDR 1400 REST POINT RD 1406 REST POINT RD 2737 IRVING AVE SO
MOUND MN 55364 MOUND MN 55364 MPLS MN 55408
38 07-117-23 33 OOA5 38 07-117-23 33 0006 38 07-117-23 33 0007
PROP ADDR 01396 REST POINT RD 01386 REST POINT RD 01380 REST POINT RD
OWNER NAME P 6 N NALSH J T NY6ARD 8 K M NY6ARD 6 J LARSEN 8 S B LARSEN
TAXPAYER PATRICK J NALSH J T NYGARD 8 K M NYGARD STEPHANIE B 8 6RE66 J LARSEN
NAME/ADDR 1390 REST POINT RD 1386 REST POINT RD 1380 REST POINT RD
NiOUND MN 35364 MOUND MN 55364 MOUIJD MN 55364
_ �� ���`�°' ` , ,¢y a�'
�m t�:� �_ • � ' ,
% _; , -
� _ _ _ _
RUN DATE 09/14/00 HENNEPIN COIJNTY PROPERTY INFORMATION SYSTEM REPORT N0. PI435401
PROPERTY OWNERS LIST PA6E 11
BATCH 503
38 07-117-23 33 0009 38 07-117-23 33 0010 38 07-117-23 33 0011
PROP ADDR 01395 REST POINT RD 01405 REST POINT R� 01385 REST POINT RD
ONNER NAME B CAVENDER 8 C CAVENDER C CAVENDER 3 B CAVENDER D N 8 J L RAHN
TAXPAYER BARBARA 8 COLLINS CAVENDER COLLINS CAVENDER & DAVID M 8 JODI L RAHN
NAME/ADDR 925 MINDEMORE CURVE BARBARA CAVENDER 1385 REST POINT RD
PLYMOUTH MN 55441 1405 REST POINT RD ' MOUND MN 55364
MOUND MN 55364
38 07-117-23 33 0012
PROP ADDR 01374 � REST POINT RD
ONNER NAME G R BLOOM 8 T A BLOOM '
TAXPAYER ' 6EORGE R 8 THERESA A BLOOM TOTAL BATCH 503 00022
NAME/ADDR 1374 REST POINT RD
MOUND MN 55364
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS 7HIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNONLEDGE AND BELIEF.
DATE���� "`-' BY���1 a��%iI.XX���
. ��
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Application Date: 9/20/00
Completion Date: 9/20/00
60 Dav Deadline: 11/20/00
REQUEST FOR COUNCIL ACTION
Department Approval: DATE: 10/19/00� �
tiame Wendy Bottenber� ITEM NO.:
Title Zonin�Adminstrator/Pianner Agenda Section: Zoning
Item Description: #2630 Gregg and Stephanie Larsen
1380 Rest Point Road
Variance
Zonine District: LR-1B One Family Lakeshore Residential Disu-ict(1 Acre)
Lot Area: 14,500 s.f. (.33 acre)
List of Exhibits:
A Resolution
B Resolution No.2217
C Tape Minutes(Verbatim of PC Meeting 10/16i00)
D Staff Report and Exhibits of 10/16/2000
Application Summary: The application proposed is rivo fold. First, the applicants are seekinD a
conditional use permit to replace eYistin�retainin�walls. There are cunently three retainin��valls within
the 0-7�'setback. The applicants are proposing to combine the upper rivo walls as one and keeping the lower
or�e (closer to the lake) making two walls rather than the three that currently etist. Retainin� walls are
co►i:idered hardco��er, therefore a variance is also needed for hardcover in the 0-75' setback area.
The second part of the application is to construct a bric; �atio on the lakeside of the eYistin� residence
replacin� a wood deck that the applicant has alread�� remo��ed. The removed deck was 13� s.f.
Retainin� Walls:
1. Variance for land alterations�vithin 75'ofthe shoreline(10.22,Subd.2; 10.55,Subd. 8, 10.56,Subd.
16[J]).
2. Hardcover within 75' of the shoreline(10.22, Subd. 2; 10.55, Subd. 8, Subd. 16[L]).
;. Conditional use permit for land alteration (10.03, Subd. 21, 10.56, Subd. 16 [SJ).
Patio:
1. Hardcover in 75-250' zone for patio ( 10.22, Subd. 2, 10.56, Subd. 16[L][2])
PLA�'NIrTG CONIiVIISSION RECOMME\�DATION:
Plannina Commission at their October 16 meeting held what became a confusing discussion with
the applicant in attempting to decipher the request and its impacts. In the end, it w•as PlanninQ
Commission's intent to start from the total hardcover amount that existed on the date of the survey
(�,811 s.f.); subtract oxt the portion that is eYistina landscape plastic/fabric (1,727 s.f.) which
applicant must remove; and add back the amount of deck squaze footage that�,vas removed prior to
the survey (135 s.f.). It was incorrectly stated that this resulted in a hardcover allowance of 4,506
s.£ ���hen in fact the calculation results in a hardcover allo���ance of 4,219 s.f. This error was found
by staff October 19. (The incorrect figure of 4,�06 resulted from subtracting the plastic/fabric from
the proposed 75-2�0' hardcover rather than from the existin hardcover).
��
� .
Request for Council Action continued
Page 2
October 19,2000
#2630 Gre��and Stephanie Larsen
The motion as stated in the draft minutes was to allow hardcover in the 75-250' zone at a level of
4,506 s.£ (49.8%). The motion verbatim by Commissioner Lindquist was as follows: "I'd like to
- make a n:otio�t to approve Application #2630 for Gregg and Stepltanie Larsen, 1380 Rest Point Road,
variance to build a patio no bigger tltan was previously - we're approving a variance, basically a
liardcover variance, not to exceed 4,506 square feet in tJ:e 75-250; and to approve tlre variance in tlte 0-
75'irp to 882 square feet. This does inclr�de removal of the�Yisting l,727square feet of landscape fabric
in t/re 7�-250'and also a�ry landscape fabric in t/:e 0-75:" The motion was then modified to add the
six recommendations from the City Engineer's letter, and that a landscape plan be submitted for
screening of the walls. The motion was approved on a vote of 5-0.
During the Planning Commission discussion,and after the 4,506 s.f. figure had been arrived at, the
applicant asked whether he could trade existing driveway to get a patio larger than 135 s.£ There
was no clear answer to this during the discussion nor in the motion.
ANALYSIS OF REQUEST
Staff suQgests it would be inconsistent to allow such a driveway-for-deck tradeoff when hardcover
is so excessive on a site. If the drive�vay hardcover is non-essential, then it should be removed and
not credited toward some other form of excessive hardcover. No specific plan for driveway
reductions has been submitted by the applicant.
Council should also consider the history of past variances on this property,which unfortunately was
not presented by staff during the Planning Commission review process. This site received a variance
in 1987 to allow a room and attached garage addition. Hardcover allo�ved by that variance (see
Resolution No. 2217, E�chibit C) in the 7�-250' zone was 2833 s.f. for the house/garage/porch, 810
s.f for driveway,and 100 s.f. for landscape areas,for a total of 3,743 s.f. The existing house-garage-
porch in 2000 has not changed significantly except for removal of the 135 s.f. deck,but the existing
drive�vay has grown from 810 s.f. to 1,299 s.f. without any City approvals.
ISSUES FOR COUNCIL TO CONSIDER
l. Should the applicants' 7�-2�0' hardcover allowance (absent any contemplated driveway
removals) be 4,506 s.f. based on the incorrect number arrived at during the Plannin�
Commission meeting, or the corrected number of 4,219 s.£?
Staff Recommendation: -�,219 s.f.
, �� �
Request for Council Action continued
Pa�e 3
October 19,2000
r2630 Gre;�and Stephanie Larsen
2. Should the applicant be allowed to trade existing driveway(which significantly exceeds the
driveway allowance approved in 1987)for additional deck in excess of the 13� s.f.deck that
previously existed?
Staff Recommendation: No, based on the 1987 approval which allowed much less dri�•e�`•ay
than currently exists.
3. Should the excess driveway that currently exists be allowed to remain in light of the 1987
allotment? (1,299 s.f. existing vs 810 s.f. allowed in 1987)
Staff Recommendation:The driveway access already esceeds the masimum 20'width allowed
by Code Section 6.0�Subd.9B.The 30'width allowed in 1987 is�varranted by the narro�ti�ness
of Rest Point Road and the fences which restrict visibility along it, as�r�ell as the lack of on-
street parking due to the narrowness of the road. All portions of driveway in escess of 30's27'
as approved in 1987 should be removed. Unfortunateh�,the current o���ner will be penalized
for actions or inactions of his precedent owners,which Council may wish to consider...
STAFF RECO`TMENDA"TION
l. Approve the 0-75' variances for replacement of retaining walls as proposed, subject to a
vegetative screening plan to be approved by staff prior to issuance of a land alteration permit
for the �valls.
2. Approve a 75-250' hardcover variance as follows:
a) Applicant to remove 1,727 s.f. of plastic/fabric from landscaping areas.
b) Applicant to reduce driveway from 1,299 s.f. to 810 s.f.
c) Applicant allowed to replace the former 13� s.f. deck�vith a new 135 s.f. patio.
d) Final 7�-250' hardcover as follows:
Existing house/attached garage/covered porch 2,650 s.f.
Driveway after removals 810 s.f.
Concrete & wood steps 135 s.f.
New Patio 135 s.f.
Total 3,730 s.f. (41.2%)
COU�ICIL ACTION REQUESTED
Option 1. Refer application back to Planning Commission for further consideration of
inforniation that has come to light since the October 16 meeting.
Option 2. Adopt the attached resolution based on the above Staff Recommendation.
, r� . � �i
A RESOLUTION GRANTI�'G
VARIANCES TO SECTION 10.22, SUBDIVISION 2,
SECTION 10.55, SUBDIVISION 8, SECTI0�1 10.56, SUBDIVISION 16 (C) (5),
SECTION 10.56, SUBDIVISION 16 (� AND (L),
GRANTING A CONDITIO�iAL USE PERi�IIT
PER SECTION 10.03, SUBDIVISION 21,
SECTION 10.22, SUBDIVISION 2
AND SECTION 10.56, SUBDIVISION 16 (L)(2)
FILE NO. 2630
VVHEREAS,Gregg J.Larsen and Stephanie B.Larsen,(hereinafter"the applicants")
are the o�vners of the property located at 13 80 Rest Point Road within the City of Orono(hereinafter
"the City") and legally described as follows:
Lot 6 and the Westerly 40 feet of Lot 7, Subdivision of Lot 14,Rest Point Park,Lake
Minnetonka, Hennepin County, Minnesota(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City to permit the construction of
retaining walls by the lal:eshore requiring variances to Municipal Code Sections 10.22, Subdivision
2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) and (L) to allow hardcover in the 0-75'
lakeshore setback zone;and a variance to Section 10.56,Subdivision 16(C)(5)to allow replacement
of retaining walls which are prohibited in the shore setback zone; a conditional use permit for
lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section 10.22,
Subdi��ision 2 and Section 10.56, Subdivision 16 (L)(2)to allow hardcover in the 75-250' zone in
excess of the 2�% that is normally allowed.
�VHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on October 16, 2000, at �vhich time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
i�10`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File �2630.
_ Page 1 of 6
.�� i T
r
2. This property is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is
the minimum lot area. The property consists of approximately .33 acres or 14,500
s.f.
3. The Orono Planning Commission reviewed this application on October 16,2000 and
recommended approval with specified conditions by a vote of 5 to 0.
4. The Planning Commission made the following findings of fact and
recommendations:
A. The property cunently contains an existing deteriorating retaining wall
system at the lakeshore. Replacement of the retaining wall system is
necessary to prevent erosion of the lakeshore yard.
B. The existing retaining walls are located within 60' of the shoreline but do not
extend the full width of the property.
�. C. The existing retaining wall system hardcover is approximately 8.5%. The
proposed retaining wall will comprise approximately 8.0%hardcover in the
0-7�'zone. The retaining wall system accounts for about 2/3 of the hardcover
in the 0-7�' zone.
D. The applicants have agreed to provide a suitable planting and vegetation plan
which will provide adequate screening to the new retaining wall.
E. Hardcover in the 0-75' zone should not exceed 882 s.f. and no additional
hardcover shall be allowed in this zone.
F. Based on the hardcover numbers provided by applicants surveyor, existina
hardcover of 5,811 s.f. in the 75-250' zone should be reduced by removal of
all landscape plastic/fabric from the property(1,727 s.£)but applicant should
be allowed to replace the 135 s.f. deck that was removed prior to the survey
and hardcover calculations.
5. The City Council finds that this property was limited to 810 s.f. of driveway
hardcover as a condition of prior variance approval in 1987, and that the driveway
Page 2 of 6
, Li , � �
r
today is 1,299 s.f. in area per applicant's surveyor's calculations, which is not in
compliance with the prior approval. The Council finds that the conditions of the
1987 approval aze appropriate,and the applicants should remove driveway hardcover
back to 810 s.f. Final allowed hardcover in the 75-250' zone should be 3,730 s.f.
(41.2%) which reflects 2,650 s.f. for the e�isting house/garage/covered porch, 810
s.f.for driveway, 135 s.f. for existing concrete and wood steps,and 135 s.f.for a new
patio to replace the previously removed deck.
6. The City Council finds that the conditions existing on this property are pecu�iar to �
it and do not apply generally to other property in this zoning district; that granting
the variances would not adversely affect traffic conditions, light, air, nor pose a fire
hazard or other danger to neighboring property; would not merely serve as a
convenience to the applicants,but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
7. The City Council finds that grz�nting a conditional use permit to allow construction
of a retaining wall system will not to be detrimental to the health, safety or general
welfare of the public, would not adversely affect light, air nor pose a fire hazard or
other danger to neighboring properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property will be in keeping with the
intent and objectives of the Zoning Code and Comprehensive Plan of the City.
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments
by the applicants and the effect of the proposed variances on the health, safety and
� �velfare of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Code Sections 10.22, Subdivision 2, 10.5�, Subdivision 8 and
10.56, Subdivision 16 (J) and (L) to allow hardcover in the 0-75' lakeshore setback zone of 882
s.f. (11.7%) where no hardcover is normally allo�ved; and a variance to Section 10.56,
, Page 3 of 6
� r-� :
, '
Subdivision 16(C)(5) to allow retaining walls in the shore setback zone where the�r are norn�lly
prohibited; and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision
21; and a variance per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to
allow 3,730 s.f. (412%) hardcover in the 75-2�0' zone where 2,261.5 s.f. (25%) normally is
allowed. Approval is subject to the following conditions:
, 1. Shrubs or some other form of natural vegetation, not less than two feet in height,
shall be planted and maintained permanently between the retaining wall and the
shoreline. A landscaping plan shall be submitted by the property owner and
approved by City Staff prior to such plantings.
2. Council approval is based on the site plan attached to this resolution as E�chibit A
which depicts required hardcover removals and allowed hardcover. Any
amendments to the site plan may require further Planning Commission and City
Council review.
3. The property owner shall obtain the appropriate building and land alteration
permits for the retaining wall prior to construction.
4. Applicants are advised that the City will not look favorably on future additions to
hardcover in the 0-75' and 75-2�0' zones.
5. Authorities granted by these variances and conditional use permit run witl�l the
property not with the applicants, but are permissive only and must be exercised by
application for a building permit�vithin one year of the date of Council approval,
or these variances ��ill expire on that date (October 23, 2001).
6. Violation of or non-compliance with any of the terms and conditions of these
variances and conditional use permit shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and shall be
punishable as a misdemeanor.
7. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 23rd day of October, 2000.
Page 4 of 6
• t, • i
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a�linnesota municipal corporation and said instrument was executed on behalf of the City.
� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2000, before me a Notary Public
within and for said County, personally appeared
kno�vn to me to be the person(s) described in and who executed the foregoing instrument,
and ackno���ledged that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2000, before me a Notary
Public within and for said County, personally appeared
known to me to be the person(s) described in and�vho executed the foregoing
instrument, and acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 6
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Approve a 7�-2�0' hardcover variance as follows: ,�5��3'
a) Applicant to remove 1,727 s.f. of plastic/fabric from landscapin� areas. .��y'�'" � �
t:,�''.�".�
b) Applicant to reduce driveway from 1,299 s.f. to 810 s.f. � �,
c) Applicant allo�ved to replace the former 13� s.f. deck with a new 1>j s.f. patio. ��,
d) Final 7�-2�0' hardcover as follows: �� �'�',�,��.,�
EYistin� house/attached garage/covered porch 2,6�0 s.f. � �.��,
� ' Drive���ay after removals 810 s.f.
Concrete & �vood steps 13� s.f.
I�Tew Patio 13� s.f.
Total 3,730 s.f. (41.2%)
� � , , .� �
- �-7
�
_ � c�t� �� oRo�o
RESOLUTION OF THE CITY COUNCIL
Np_ 2217
� e
� -'� � A RESOLUTION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 1 � 2
AND SECTZON 10.24, SIIBDIVISION 5 (B)
FILE #1157
WHEREAS, Walter F. Krake (hereinafter "the applicant") is the
owner of the property located at 1380 Rest Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6 and the Westerly 40 feet of Lot 7 , Subdivision of Lot 14 , Rest
Point Park, Hennepin County, Minnesota, (hereinafter °'the property") ;
and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.24, Subdivision S (B) and Section 10.22,
Subdivisions 1 and 2 to permit the construction of a room and attached
garage addition which will result in 38.8� hardcover in the 75-250'
lakeshore setback zone where only 25$ hardcover is normally allowed, and
resulting in a street setback of 28' wYiere a 35' street setback is normally
required, and resulting in an encroachment of 4' into the average lakeshore
setback zone where no encroach�ent is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1 . This application was reviewed as Zoning File #1157 .
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on June
15, 1987, and upon applicant's revision of the hardcover proposal from
48.6$ down to 38.8$, voted 3-3 on a motion to recommend approval of
38.8� hardcover and the street setback and average lakeshore setback
variances as proposed.
4. The encroachment of 4 ' into the average lakeshore setback zone
will result in a 3 degree view reduction to the property to the east.
However, due to the existing topography, screening, and proposed
privacy fence, the 4 ' encroachment has little or no effect on the lake
views enjoyed by the neighboring properties.
5. The street setback of 28' where 35' is required, results from the
e:ctention of the existing front line of the house which is already
- 26.4' from the street. This setback will still allow for auto backup
and parking area within the property boundaries.
Page 1 of 4
. � � i � �
_ l City of OROI�TO
RESOLUTION OF THE CITY COUNCIL
� NO. 2217
s - • •
6. Applicant has revised his proposal downward from the 48.6$ 75-250'
hardcover originally proposed to the 38.8$ level.
7. The City Council has considered this applicatio,� including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicant and the effect of the proposed
variance on the health, safety and welfare of the community.
8. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the
Citys
CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
allow construction of a room and attached garage addition that will
increase hardcover in the 75-250' lakeshore setback zone to 38.8$ where
only 25� hardcover is normal ly. allowed, and a variance to Section 10.22,
Subdivision 1 to allow an encroachment of 4' into the average lakeshore
setback zone where no encroachment is normally allowed, and a variance to
Section 10.24 , Subdivision 5 (B) to permit a setback of 28 ' from the
street lot line where a 35' street setback is required, subject to the
following conditions:
l. Prior to construction of the proposed additions, applicant shall
remove the existing 12'x20' garage.
2. Prior to final inspection of the additions, applicant shall remove
areas of existing driveway gravel along the northeast property corner
and this shall revert to grassed area.
3. Final allowed hardcover on the property shall be as follows in the
75-250' zone:
House/Garage/Porch/Etc. 2,833 s.f.
Parking/Driveway 810 s.f.
Landscape Areas 100 s.f.
3,743 s.f. or 38 .8$
(Per Exhibit A attached)
Page 2 of 4
� . , ,
_ � City o� ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 2217
• - • •
4. Applicant is advised that any future proposals to increase hard-
cover will not be approved, but might be approved only with concurrent
removals of existing hardcover so that there is no resultant net
increase in hardcover.
5. Applicant is advised that the existing storage building near the
lakeshore is a non-conforming structure and is subject to the
ordinances pertaining to such structures.
6. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or this variance will expire on that date (July 13,
1988 ) .
7 . Violation of or non-compliance with any of the terms and
conditions of this resolution� shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
8. The undersigned applicants have read, understood and hereby . agrees
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of tit�le of the property.
Adopted by the Orono City Council on this 13th day of July, 1987.
ATT ST:
• ' �
Do othy M. allin, City Clerk Ja es R. Grabek, Mayor
r
C�� � �
r per y Owner( s ) -
� Page 3 of 4
. � i
i c�ty o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2217
• - • �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s `� �� day of ,�(�.�� , 1 g g�
before me a otary Public within nd for said county, personally
appeared 0.1,� hn �. LeC�� �'�L' �
known to me to b' the person(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
. �� � ,���-��
�RQgRHARDSO ��' �`��!/�
_�uc-AAfNNESO A NOTA Y PUBLIC
� i�NN£P1N COUNTY
, lid Canrr�tsifon t�ltes 10,28-89
c
l a�L���'I
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ��o day of _���j , 198Z, before me
a Nota y Public ithin and for said County, personally appeared
j(/[r.l�n � �h-�� known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
�N R. aERHARDSp� ��� � ���v-
�TARY PUBLIC-6UNNESOr� N TARY PUBLIC
�b�o��i"wra�a
/���/��
MY COMMISSION EXPIRES
Page 4 of 4
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.� i i • �
' � M
MINUTES OF THE � �j
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2000
granting the variances.
Day reiterated his request to have the alley vacated.
Lindquist noted this matter will appear before the City Council October 23`d. Lindquist requested
City Staff notify the neighbors in attendance at tonight's meeting be given notice of the Ciry
Council meeting when this application will be heard.
(#15) #2630 GREGG AND STEPHANIE LARSEN, 1380 REST POINT ROAD,
VARIA�CES,9:09 p.m.—9:42 p.m.
Gregg and Stephanie Larsen,Applicants, were present.
The Certificate of Mailing and Affida.vit of Publication were noted.
Bottenberg stated the Applicants aze proposing two different thin�s in their application. First
Th�y are seeking a conditional use permit to replace existing retaining walls. There are
currently three retaining�valls���ithin the 0-7�' setback. The Applicants are proposin�to
combine the upper rivo�valls as one and keeping the lower,which is currently closer to the
lake,�vhich would make two���alls rathec than the three that currently exist. Retaining walls
are considered hardcover; therefore, a variance is needed for hardcover in the 0-7�' setback
area. • �
��t�C�
Bottenberg stated the second part of the application is to construct a bri�e patio on the lakeside
of the e�isting residence replacing a wood deck that the Applicant removed. The patio will be
appro�imately 12' by 30' and a smaller portion will be 3' by 10', for a total square footage of
approximately 387 square feet. The deck removed was 13� squaze feet.
The replacement and combination of the retaining�ralls will reduce the hardcover coverage in
the 0-7�' zone from 922 square feet or 12.2 percent to 882 square feet or 11.7 percent. The
Applicants have no intent to remove the shed and ramp which account for 3.7 percent of the
hardcover in the 0-7�' total number.
PAGE 30
, , �
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2004
Bottenberg stated the lakeside patio of appro�cimately 278 square feet wzll increase the
hardcover coverage in the 7�-2�0' from 5,811 square feet or 64.2 percent to 6,098 squaze
feet or 67.4 percent. The Applicants have already reduced the hardcover coverage by
removing landscape plastic under rock. Ho�vever, according to the survey,there still is a
considerable amount of landscape fabric in the 7�-2�0' zone. That landscape fabric is
approximately, 1727 square feet. If that is removed, it would reduce the amount of hardcover
from 5,811 square feet to 4,371 square feet or get it do�vn to 48.32 percent.
Bottenberg stated the 1980 City of Orono Community Management Plan contains a number of
general land use and environmental protection goals and policies�vith which the proposed land
alteration would be consistent. Without the retaining walls in the 0-7�' zone, erosion would be
a problem.
The City Engineer has reviewed the proposed retaining wall layout from an engineering
standpoint and recommends new retaining walls be constructed on the site between the home
and the lake. It is his opinion that the e�isting retaining walls should be replaced.
Staff recommends the retaining walls be reduced and vegetation and screening requirements
should be addressed by the Planning Commission. The second portion of this pertaining to the
patio, Staff recommends approval of a variance to build a patio of no greater than the deck that
was previously there that was removed of 135 square feet.
Lindquist inquired«-hether the Applicant had anything to add.
Larsen stated one thing that is not covered in here is that part of the—and I didn't cover in my
Letter is that part of the proposed patio�vould be under some existing eaves on the house, which
extend appro�cimatel�•tw�o feet out from the house, and I think that should be counted as
hardcover as well because that is pre-existing. So really the new patio would be more like a
10' by 30' patio as far as additional hardcover, That�vould reduce it by an additional --
actually the patio portion is 30' �vider than the smaller patio portion in front of the porch,which
PAGE 31
� > >
i �
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
l�londay, October 16, 2000
is ten feet, so that is a total of 40' times the eave depth of approximately two feet, so that
could be appro�cimately 80 more feet of hardcover that—
Lindquist inquired�vhat hardcover calculations the Applicant is looking at.
Larsen stated Advance Survey.
Lindquist stated the Planning Commission has to go by the hardcover calculations that the
sun�ey sho�z-s. I don't kno�v whether the eaves or not are included.
Larsen inquired whether those are usually counted.
Gaffron stated they usually are not.
Larsen inquired that they are not usually counted as hardcover.
Gaffron stated he didn't think so on this one because they didn't show up.
Larsen stated if they were covered, let's not forget about them.
Lindquist stated he hears what the Applicant is sayzng, but—
Larsen stated it was an after thought,just the other day I thought—
Lindquist stated that's why he asked w�ho did the hardcover calculations. They were probably
done b�•the surveyor.
Stoddard inquired«�hether the Applicant�vas okay with the -----
Larsen stated, oh, yes,they did the hardcover.was okay with the-----
Larsen stated, oh, }�es,they did the hardcover.
Stoddard inquired�vhether the Applicant was okay with the six items that the Bonestroo
En�ineer has recommended;the silt fence and the ty�pe of boulders to use.
Larsen stated, oh, �•es. I talked to my landscaper and he «•as going to try to make it tonight but
he couldn't. We're going to use oblong boulders,he said, that would lock together as opposed
to round boulders.
Stoddard stated, I guess it kind of comes down to the size of the brick pavers.
Larsen stated they have removed a lot of hardcover and there's—we've removed a stairway
PAGE 32
1 � ��
1 '
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2000
that's accounted for. I don't know if you saw it in your packet. I was told by Wendy that the
stairway, maybe we couldn't get credit for that because that's«�ithin the 75' setback of the lake,
but regardless, I guess, it's hardcover.
Lindquist: I guess you can see where they show the existing, and then they show the proposed.
ff you look on page, well, it's the fourth page where it shows the hardcover calculations, and it
shows how many square feet? Do you find it?
Larsen: Yeah.
Lindquist: And we look at the 0-7�',the total area in the 0-75' setback,the amount that's
Allo�ved, the amount that is existing, and then the proposed.
Larsen: Right.
Lindquist: And this is really what we call—
Larsen: The survey was done after I removed some of those things. I have taken pictures of
those things. You saw those in your packet. I don't know if that counts for anything. Like the
stairway I removed.
Lindquist: We'd like to say yes, it counts, but in reality we look at what's on here.
Berg: And how it calculates out. We have no way to calculate what you took out.
Lindquist: That's right. It's like when somebody tears do��n a house and starts over, it's a new
structure, �i-e don't worry what was there. All of a sudden it's all new.
Berg: So this hardcover calculation was calculated prior to you taking that stuff out.
Larsen: The calculation�vas actually taken from the current survey as it's shown right now, but
the things that I removed were done prior to me having the survey done.
Lindquist: We don't count plastic that's in gardens and under rock and so forth.
Larsen: You don't count that as hazdcover. �
Lindquist: No. We don't allow it either. You've got a lot of plastic and it's �v allo�ved as far
as a covering underneath rock and landscaping and so forth. We don't count it and we don't
PAGE 33
• 1 . � i
MINUTES OF THE
ORONO PLAI�INING COMMISSION MEETING
Monday, October 16, 2000
allow it.
Larsen: You don't count it as hardcover?
Lindquist: Na
Gaffron: It's counted as hardcover, but in the 0-7�', it's not supposed to be there, so we don't
factor it in in the decision making process. In the 7�-250',when you're over the 2� percent
limit, again it's not legitimate to have it there generally according to the Code, so that it's—it's
not taken into account in the trade-off process if you�vant to call it that.
Stoddard: For instance, you can't trade plastic for wood decks or garages. So you're saying
that there could have been—right now what's existing in the 7�-250' is 5800 square feet and
approYimately 64.2 percent, and you're saying it was larger than that.
Larsen: In the 0-7�'?
Stoddard: No, in the 75-2�0',where it says the eYisting is 5800 or 64.2 percent,�vhich is kind
ofa—
Larsen: It would have been bigger by—
Stoddard: On the fourth page of the documentation.
Larsen: Well, again, it's not shown on the survey,but did you see my photographs in the packet.
Those are the items that I removed prior to the survey.
Stoddard: My question is,was it more than 5800 then?
Larsen: Yes, if these were included in.
Stoddard: And you got it do«�n to 5800 or 64 percent?
Larsen: Yes.
Stoddard: `Vhat size of patio would you be able to have if��•e kept it at 642 percent or 5811
square feet?
Larsen: Zero.
Stoddard: Are you sure? I'm not sure.
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1�IINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2000
Lindquist: He's talking roughly 280 square feet.
Stoddard: Which is about 100 square foot patio that you will be able to have, and Staff
recommended an-
Larsen: I'm not following you.
Stoddard: I'm just thinking outloud what you can have based on the things we've looked at.
Larsen: Okay.
Lindquist: Any other questions? Anyone else have any questions?
Stoddard: Is there any other hardcover you can give out that might be-
Larsen: I guess I've got kind of a limiting lot. It's not very deep, and I've got-everything is
pretty much being used. I mean, we've got a pretty wide driveway that we can trim a little off
of that, but it's-���e've got a three car wide garage and it's not much wider than that. We do
have a lot of that landscaping fabric that I would be happy to remove and plastic, but, I mean,
it amounts to several hundred square feet, and I would think that there would be some kind of
credit even if it's not foot for foot, but, I mean, several hundred feet, like 700 or 800 square
feet of that. It must be worth a couple hundred feet of patio,�vouldn't it.
Stoddard: You would think that's a good deal, but historically we are not able to do that or
set that precedent. I'm just trying to see what we can do to maybe-- I've been out there and
��ou're doing a lot and a lot of good things are to come.
Larsen: Is there any credit we can get for the reduction on the areas that are not shown in the
survey?
Lindquist: That have already been done?
Larsen: With the pictures and the measurements and all that stuff.
Berg: No, because that isn't calculated in what we have here. Our calculations are on what is
on your survey, so therefore that w•ould just put you over further.
Stoddard: Yeah, right.
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MINUTES OF THE
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Monday, October 16,2000
Berg: See- No. We're going off what we have here.
Larsen: Okay.
Stoddard: We're thankful you got down to that and that you got down to 64 percent. The red
light goes off when you get to 50 percent. I'm trying to look at these pictures and-
Berg: It doesn't help.
Lindquist: I guess the other thing we'd like to see if this does go forward,that all of the esisting
plastic that you have in both the 0-75' and 7�-250' be removed. I think we're going to require
that as part of the application.
Larsen: That can be done.
Stoddard: We can't design this for you. We can try to-- How tough-I don't lrnow what your
plans are. How hard is it to give up some of that asphalt drive�vay? I can't-- I mean, I
rer.lember pulling in and parl:ing my car but- .
Larsen: I guess I�t•ould rather give up a few feet of that patio, like maybe make it maybe instead
of 30 feet, maybe make it 2� feet wide. That�vould be 50 some feet right there and maybe
that«�ould be the first compromise,but maybe if there's-and again,this goes back to«�hether
�ve get credit for eaves or not,but maybe there's-
Lindquist: Are you looking at getting it down to that two hundred and some square feet?
Stoddard: No, I don't think for my purposes I want to get it do�vn that far. I'm just try�ing to
help get it do�ti-n some and-
Larsen: Well,we can maybe trim a foot off or something, but that's-
Stoddard: And I can't remember how many-
���
Bottenberg: �es�Point Road is very narrow.
��.5�'
Lindquist: ��Point Road is not an easy place.
Larsen: I don't think there's a conforming lot on there.
Stoddard: Just thro�ving out,the 12' by 2�',that«�ould get it do�vn to about 300 squaze feet,
� PAGE 36
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you know. It���ould trim another 87 feet off. What aze your opinions on that?
Kluth: I remember some times where we've had Applicants come back several times because
we had offered them that they build on the existing site the same size. I can remember a couple
vividly that we were holding the line on that,where people wanted a couple of feet here and
there. So I'm—I'm in favor of holding the line as���e have in the other applications, which is
to offer the Applicant the same size deck that was taken off but not to increase that hardcover.
That's my thought.
Stoddard: What he's saying is literally allow a 100 square foot patio.
Berg: 13�.
Stoddard: That's not the math I get,though.
Kluth: Well, I will just say the size of the deck that was taken off. The survey shows it to be
135, so�ti•hatever it was.
Lindquist: Do you follow what we're asking?
Larsen: I hope you understand that the deck that�ve're getting credit for has been removed
already as well.
Berg: Yeah. 'The deck you removed was 13� square feet. Right?
Kluth: Right.
Berg: And that's what we're recommending—
Larsen: And that's not shown on the survey right now.
Berg: That's what you had and that's r��hat's calculated in our hardcover,the new. We have
the proposed here, and that's calculated, and the proposed is in�vhat}�ou had and�ve're asking
you to get down,to go back to the 13� square foot.
Stoddard: I�vas lost there,you lost me. You're say�ng—
Larsen: I just looked do�m and I seen the hardcover calculation. We still have a porch there
that's the same size as the deck that we already removed. I just didn't«�ant anybody to think
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16,2000
that we were taking that porch off. The covered porch is still there and that's going to
remain. That's going to be enclosed into a three season porch. The deck that was beyond there
that actually filled the corner bet��een-1et's see-that w�ould be south of the house,up to the
left of the house-
Kluth: The proposed patio is not-there isn't an e}cisting deck there now?
Stoddard: Based on these calculations-if we looked at these calculations, what t�pe of
Hardcover-
Larsen: That is the deck that is on the photograph in the packet that was removed, and that's
the one I think you're refemng to as faz as the credit, because the other porch w�as going to
be—has a roof over it,the roof line comes do«n, and it's going to be enclosed into a three
season porch.
Stoddard: What does the survey show? Does the survey show that being removed?
Larsen: No. But it happens to be the same size.
Lindquist: I'm confused.
Berg: I'm confused as to what's going on here.
Lindquist: We're looking at a total of eYisting hardcover of 5,811 square feet.
Larsen: That is not including the deck that Wendy just drew in that was recently removed shown
in a picture in your packet of the same size as the porch. That's probably where the confusion
is. And that was removed.
Berg: 135.
Lindquist: The problem is, �ve don't know what is eYisting. When the survey was done, we
have to operate off of what your surveyor showed what was existing. Where are we going?
you're trying to put some parameters around-�e and say, hey,we can go so far before—
Kluth: The before picture,you don't have as much credit on your before picture. You don't
have the deck that was taken out. You don't have the square footage in your before calculations.
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MINUTES OF THE
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you're not getting proper credit here.
Larsen: It wasn't sho�vn on the— I mean, he can't do that because it wasn't sho�vn, but it's
clearly in the pictures here.
Stoddard: But the survey that he gave us looks to me like it was 13�.
Larsen: That's the covered porch that's still there.
Stoddard: So he already took that off.
Larsen: If you look at the photograph—
Stoddard: I see the photograph��here it says the deck was removed.
Larsen: The upper right-hand corner—
Berg: This is the deck down here then.
Kluth: The deck was removed before they did the e�cisting hardcover calculation.
Larsen: Yes. The upper right-hand corner there of that photograph,you can see the roof
coming down and chairs sitting there,those are underneath the e�cisting porch which says
13� squaze feet. .
HIuth: And the deck that was removed was the same size.
Larsen: Yes.
Kluth: And so my proposal,which we've follo�i�ed in other applications, is that we—�ve're
�cilling to give you what you had before, and what you have not done in this application is
show that before you started this project you actually had 135 square feet of existing hardcover
that's not sho�4n in your calculation.
Larsen: Right.
ICluth: So I can't decide how much,you kno�v, under our previous guidelines, I can't decide
how much new patio you should have based on how much you used to have.
Larsen: So the photographs—
Kluth: You're trading deck for patio.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,October 16, 2000
Berg: It hasn't been calculated in your—
Larsen: You can see it if you compare it to the other one, can't you?
Berg: So then the 5811 is inaccurate.
Nygard: You have to add 135 square feet to that.
Berg: You have to add 135 square feet to that.
Stoddard: It's just not listed.
Berg: That comes up to 5947. So then we take — 150 square feet,that's what we can have.
Right?
Kluth: No,that's what they're over by.
Larsen: The upper left-hand picture shows a chain link fence and all those railroad ties, and
that w•as a dog run that went all the way do«n to the lake and so on, and I removed that as
we1L
Berg: I think that's the problem.
Kluth: We'd like you to remove all that other hardcover as�Lell if we're going to grant you a
variance.
Lindquist: What we're saying, I think,when we get all done here,�ve're«illing to allow you
5,946 square feet of hardcover, and you figure out�rhere it's going to be.
Larsen: How do I—do we—on a building permit or something for the patio do you say, okay,
here's the size and here's where I'm trimming it back or—
Berg: No. To go on to the Council, you're going to have to have that shown how you're going
to—how that patio is going to fit in.
Larsen: So you have to show it on the survey?
Lindquist: Ri,,uht.
Kluth: City Staff maybe they can work with you to correct this application.
Lindquist: What do you guys think?
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MINUTES OF THE
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Monday, October 16, 2000
Bottenberg: Well,when you're saying 5,811 squaze feet,that's including the landscape fabric
as hardcover.
Lindquist: No, no. We're not talking about any fabric or plastic. We're talking about
hardcover.
Bottenberg: It's included in the hardcover calculation from the surveyor.
Lindquist: The plastic?
Bottenberg: Yes.
Larsen: 1727 square feet.
Bottenberg: Right.
Berg: Okay. So we take that off.
Lindquist: Are you willing to take out all the plastic?
Larsen: Is that like a compromise for getting the patio or—
Stoddard: No, it's to take care of the inconect—
Lindquist: Is it part of the hardcover calculation?
Bottenberg: Yes, it is. If 5�ou subtract the 1,727 square feet, ��ou get 4,371 square feet.
Stoddard: And what percent is that?
Bottenberg: 48.32 would be the hardcover.
Nygard: And then you have to add the 13� to the deck he already tore out which isn't on the
survey. So add 13� more to that. I end up with 4506 for total hardcover.
Lindquist: What percentage is that?
Berg: Hardcover excluding plastic.
Bottenberg: 49.8 percent.
Lindquist: Ho�v many square feet is that again? Are you guys sure y�ou're right now?
Nygard: Yeah, 4�06.
Stoddard: Does that give them their 387 square foot patio that they're requesting?
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Berg: No.
Larsen: Explain the number for structural coverage.
Kluth: We can't send this on.
Lindquist: Yeah,we can't.
Kluth: We're sitting here doing this on the fly. The proposal or the analysis,the worksheet,
is not complete. We can't fix it all here. Go back and rework this proposal and show what
truly was there before.
Nvgard: Is there any way to split this application so we can get going on the retaining wall. It
sounds like we're in agreement to replace your retaining wall.
Stoddard: A quick question. Who did the hardcover calculation worksheets. You or your
surveyors?
Larsen: Surveyors did it, Advanced Surveying.
Stcddard: They didn't know or they inconectly included that.
Larsen: No,because it�vasn't there. ,
Nygard: Did they incorrectly include the landscape plastic as hardcover?
Lindquist: Can we move and move the block wall—I take it you want to do this wall?
Larsen: I'd like to do the w•hole thing.
Lindquist: Well, I'm not«�illing to move ahead on the rest of this due to the hardcover
calculations. How comfortable are you, Paul?
Weinberger: Well,the calculations are on page—I'm sure you're looking at the analysis
�vorksheet,which is page four,and I think some of the confusion is regarding existing versus
proposed. The number in the last sentence of the paragraph under hardcover calculations, it
states, if this is removed, and that's referring to all of the landscape fabric,the hardcover on
the property is 4,371 square feet. Ho�z•ever,that's the e�cisting number right now. You have
to keep in mind the deck has already�been removed, so that 4371 does not include the 13�
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Monday, October 16,2000
square feet that the deck was before it was removed. So if they're working with a new
number,the final number that you need to look at in comparison is 4,506 squaze feet, which
is 135 more than that 4371 Wendy has on there. So the existing is 4371, and that's absent
landscape fabric or plastic,and 4506 would include replacement --equal replacement of a
deck or patio of 13� square feet. And I guess the rest of the discussion is, you kno�v, if the
Planning Commission is in a position to approve more than 13� square feet,then you can just
do your calculation based on that.
Lindquist: I would be comfortable going with 4,�06 square feet,giving you a deck, and then
you would have to do calculations regarding the hardcover, including removing all of the
esisting plastic.
Stoddard: And what size deck would that give them then?
Berg: 135 square feet.
Nygard: Patio.
Larsen: So you're saying if�ve reduced hardcover in other areas, we could have as big a patio
as we want basically as long as it�vas 4�06?
Lindquist: That would be your maY. That's-�e e�cisting. We're saying you cannot increase
the amount of hardcover. That's«�hat we're say-ing.
Larsen: Okay. And that's just in the—that's in the 7�-250'?
Lindquist: Right. �
Larsen: Okay.
Lindquist: Are you guys comfortable?
Stoddard: Yeah.
Kluth: I'm comfortable with that. I mean, do you understand why we're doing thai? You're
already over. You're already over. We're not looking to make you tear your garage out
because you're over.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16,2000
Larsen: Is there any way to get credit for those stairs�ti•e removed, because we're not going to
put any back there because we don't think they're needed.,And that was—the stairs were—
Berg: You know what,we can't go—we're going back now. We can't go back. What you had
there, you took out. We're going on what we have here now, and we're just letting the waters—
��hat w�e're saying is we're going to allow 4�06,and that's it.
Lindquist: You figure it out.
Berg: The stairs,we're glad you took them out. We may have asked you to anyw•ay.
Lindquist: I'd like to make a motion to approve Application#2630 for Gregg and Stephanie
Larsen, 1380 Rest Point Road,variance to build a patio no bigger than what was previously—
we're approving a variance,basically a hardcover variance,not to exceed 4,506 square
feet in the 7�-250', and to approve the variance in the 0-75' up to 882 square feet. This does
include removal of the existing 1727 square feet of landscape fabric in the 7�-2�0' and also
any landscape fabric in the 0-75'.
Stoddard: Dale,would you possibly add the siY recommendations in the Bonestroo letter
of October 9, 2000.
Lindquist: Oh, yes.
Larsen: What does it mean when the Minnehaha Watershed District should review and approve
the plans?
Berg: You have an opportunity to have the Minnehaha Watershed District review and
approve your plan.
Lindquist: A$er the City apprpves it,the Minnehaha Watershed District w-ill approve it also.
Larsen: You just kind of go down there and show them the plans or—
Weinberger: There should be—if you bring a copy of the plans to the Watershed District—
Are�ou familiar with where their offices are? They're right here in Orono, in the Navarre
area,the Freshwater Building. They're in there. A copy ofthe plan should just be submitted
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MINUTES OF THE
ORONO PLANI�TING COMMISSION MEETING
Monday, October 16,2000
to the Watershed District, and they're probably, if they approve it, issue some type of staf�'
permit for any of the lakeshore work that may have to be done with the retaining wall.
Lindquist: This will also include conditional use permit to replace the existing retaining wall
in the 0-7�'.
Nygard: I would propose—We didn't talk about screening of the retaining wall, but I w•ould
just mention that I would like the retaining wall screened with natural vegetation and such.
Lindquist: We��ould like to see some type of landscape plan submitted as well.
Stoddard: I'll second that motion.
Lindquist: Any other discussion? All those in favor, signify by saying aye.
Nygard, Stoddard, Lindquist, Berg, and Kluth: Aye.
Lindquist: All those opposed? Motion carries.
PLANNING COMMISSION COMMENTS
(#18) PLANNING COMMISSION APPROVAL OF MINUTES FOR SEPTEMBER 18,
2000
Nygard moved, Kluth seconded, to table the minutes of the September 18, 2000
Planning Commission meeting. VOTE: Ayes 5,Nays 0.
(#16) REPORT OF PLANNING CONfMISSION REP�SENTATIVES ATTENDING
COUNCIL NiEETINGS SEPTEMBER 25,2000 AND OCTOBER 9,2000
Berg stated she attended the October 9,2000 City Council meeting,with the Brenshell Homes
Resolution having been approved.
Weinberger stated that matter did appear before the Technical Evaluation Panel on the
PAGE 50
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TO: Chair Hawn and Orono Plannin�Commission Members
Ron Moorse,Ciry Administrator
FROM: Wendy Bottenberg,Zonin�Administrator/Planner
D:�TE: October 16,2000
SUBJECT: #2630 Gregg and Stephanie Larsen
1380 Rest Point Road
Variance/CUP --Public Hearin�
Zoning District: LR-1B One Family Lakeshore Residential District(1 acre)
Lot Area: 14,500 s.f. (33 acre)
List of Exhibits
A Analy�sis Worksheet
B Application and Letter of Request
C Site Plan,'Survey
D Excerpts from Comprehensive Plan
E City En�ineer's Letter
F Hardcover Calculations and Map
G Piat Map
H Location Map
I Photo of Property
J Property Owner's List
K Permit Record
Retaining�r�all project as proposed requires the following City approvals:
1. Variance for land alterations within 75' of the shoreline (10.22, Subd. 2; 10.55, Subd. 8;
10.�6, Subd. 16[J]).
2. Hardcover within 7�' of the shoreline (10.22, Subd. 2; 10.55, Subd. 8, Subd. 16[L)).
3. Conditional use permit for land alteration (10.03, Subd. 21, 10.56, Subd. 16 [5]).
Patio project as proposed requires the following City approval:
1. Hardcover in 7�-2�0' zone for patio ( 1022, Subd. 2, 10.56, Subd. 16[L][2])
Application Summary: The application proposed is two fold. First,the applicants are seekina
a conditional use permit to replace existing retaining walls. There are currently three retaining walls
within the 0-75' setback. The applicants are proposing to combine the upper two walls as one and
keeping the lo�ver one(closer to the lal:e)making two w•alls rather than the three that currently exists.
Retaining «�alls are considered hardcover, therefore a variance is also needed for hardcover in the
0-7�' setback area.
The second part of the application is to construct a brick patio on the lakeside of the existina
residence replacin� a wood deck that the applicant removed. The patio �vill be approYimately 12'
x 30' and a smaller part to be 3' x 10' for a total of approximately 387 feet. The deck removed was
10' s 13.�' (135 s.f.).
#2630. Gregg/Stephanie Larsen
1380 Rest Point Road
Variance/CUP
10/16/2000
Page 1
i ( -�
• The replacement and combination of the retaining walls will reduce the hardcover coverage
in the 0-75' zone from 922 s.f. (12.2%) to 882 s.f. (11.7%). Applicants have no intent to
remove the shed and ramp which account for 3.7% of the 0-75' total.
• The lakeside patio of approximately 278 s.£ will increase the hardcover coverage in the 75-
2�0'zone from 5,811 s.£(64.2%)to 6,098 s.f. (67.4%). The applicants have already reduced
the hardcover coverage by removing landscape plastic under rock. However,there still is a
considerable amount of landscape fabric in the 75-250' zone.(According to survey).
Removal of the landscape fabric (1,727 s.f.) would reduce the amount of hardcover from
�,811 s.f. (64.2%) to 4,371 s.£ (48.32%).
Comprehensive Plan: (Retaining Walls)
The 1980 City of Orono Community Management Plan("Comprehensive Plan")contains a number
of general land use and environmental protection goals and policies with which the proposed land
alteration would be consistent. Without the retaining walls in the 0-75' zone erosion �vould be a
problem. See attached excerpts from the Comprehensive Plan goals and policies and views on
altering shoreline areas. (Exhibit D).
Engineering Review:(Retaining Walls)
The City Engineer has reviewed the proposed retaining wall layout from an engineering standpoint
and recommends new retaining walls be constructed on the site between the home and the lake. It
is his opinion that the existing retainin� walls should be replaced. (See Exhibit E). He also notes
the unpredictability of boulder�valls as compared to other wall types.
Statement of Hardship:
The applicants have included their statement of hardship in Exhibit B. The applicants should also
be asl:ed for their testimony regarding this issue.
Issues for Consideration: .
1. Will granting of the variances alter the essential character of the land?
2. Is lakeshore erosion at this site so substantial as to warrant the retaining wall system
proposed?
3. Hardcover in the 75-2�0' zone is over what is allowed, should the patio square footage be
limited to the square footage of the deck which existed on the property? (Removed deck- 135
s.f. versus proposed patio - 387 s.f.).
4. ��'hat is the visual impact of one 4' retainin; wall as compared to�e existing two 2' walls?
`�-'hat degree of screening should be required?
r?630 Gregg/Stephanie Larsen
1380 Rest Point Road
Y'nriance/CL'P
I D;'16/2000
Page 2
., ,. ,� ,
5. Other issues raised by the Planning Commission.
Staff Recommendation:
Retain�g Walls:
Based on the goals and policies cited in City of Orono Community Mana�ement Plan and
opinion of the City Engineer, staff recommends approval of variance and conditional use permit
to replace the existing retaining walls in the 0-75' setback area. Plannin� Commission should
address vegetation/screening requirements.
Patio:
Staff recommends approval of a variance to build a patio of area no greater than the deck that
pre��iously existed (135 s.£).
Options for Action:
1. Recommend approval of variances and conditional use permit for wall replacement per staff
recommendation. Recommend approval of variance for patio per staff recommendation.
2. Recommend denial of variances.
3. Table for further review or further specific information, advising the applicant what other
possible revisions will make the application acceptable. �
4. Other.
#263D Gregg/Stephanie Larsen
1380 Rest Point Road
Variance,/CUP
10/16/2000
Page 3
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ANALYSIS WORKSHEET
Lot Area•
LR-1B Lot Area
Required 43,560 s.£ (1 acre)
Actual 14,500 s.f. (.33 acre)
Hardcover Calculations: -
Distance from Total area in Allowed Existing Proposed
shoreline setback hazdcover hardcover hardcover
0-7�' 7,�33 s.f. 0 s.f. 922 s.f. 882 s.f.
(0%) (12.2%) (11.7%)
7�-250' 9,046 s.f. 2,261.5 5,811 s.£ 6,098 s.f.
(25%) (64.2%) (67.4%)
Replacement of the retaining walls lowers the hardcover coverage in the 0-75' zone. The
addition of the patio increases the hardcover in the 7�-250' zone. However, there is 1,727 s.f. of
landscape fabric in the 75-250' zone. If this is removed the hardcover would be reduced to 4,371
s.f. or 48.�2%.
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APPlication # �C-�' � �1
Date Received � -2�' - C-`�`L
Amount Paid _���'�fJ"` �
CITY OF ORONO - VARIAIYCE APPLICATION
Initial Application Fee $2�0.00
(��0.00 per each additional variance)
Ren��val Variance Fee $150.00
(no chanje from orijinal application)
Variance for non-conformin� structur:.s $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFOR�tiIATION �, �
Site Address - ��-� =�'���-" +'
Proper�y Identification Number (P.I.D.) O� l t 7 �.3 33— '�a�
r.ttach le�al description to application if not included on required survey. ��onth/year)
Date Prope Acquired �� �U-'
I (do) o not) so o�vn th djacent parcels of land. -
Present use of property: �esidential other (specify)
r.��.
Zoning District:
ome) �a 12��{'7 cP-Zz-f a 'r�l' ''�
APPLICA.��T Phone (h �;
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City: i.1,._ Zip:�-�4 �
Add_ess: �-
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Phone (home) `"� �'��,.
p`ti�rER (if different than applicant) �_�::._ ;..�
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Phone (�vork)
Nam Zip: ��'�.
Address: City: ��
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DESCRIPTION OF REQUEST Estimated Construction Cost � lO�
Describe request in detail: `0..c.�c- � �� � , '��
� t2� x 3�• ► ��
(attach additional sheets if necessary)
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VARIA.NCES REQUIRED / -h4j Lot Coverage
Lot Area Lot tiV'idth Hardcover �fi�"' �
Set6ack: Front _ Side _
Rear Avera�e Lakeshore
� Other (specify) ���Jl l ���S i � � =7�� �2+ , �
HARDSHIPlDESCRIPTION OF LT��[JSUAL PROPERTY CO\DITIONS
� Describe undue hardship or practical difficulty or unusual property conditions preventin�
compliance wzth Zonin� Code requirements: �^^ � "`""`" —
. (attach additional sheets if necessa_ry)
� 6
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To: The City of Orono
From: Gregg and Stephanie Larsen
RE: 1380 Rest Point Road - Retaining Wall Replacement
To Whom It May Concern:
We are requesting a variance for work to be done within the 75' set back from the
water on Lake Minnetonka.
Our property currently has three retaining walls on the slope do�vn to the
lakeshore. The upper two retaining walls each average t�vo feet in height�vith an
approximately two foot terrace ben�reen them. The third, and closest wall to the lake is
about four to five feet tall. All the walls are about 75 feet in length. The walls are
constructed of a combination of railroad ties, limestone rocks and fieldstones. All three
retaining walls are in very poor condition. They pose a safety hazard for people in the
yard and, eventually, they will fail and collapse allowing the yard to wash into the lake.
We also have a deteriorating set of stairs on the slope to the lake.
We are proposing to replace the existing retaining walls and stairs on the property.
Our plan includes using 24"-36"boulders to build the walls. This would create a more
permanent remedy for the situation. The new retaining�valls would be safer, and more
aesthetically pleasing. The new steps would be constructed of a natural material such as
cedar timbers or granite slabs, depending on our budget.
Our goal for both items, if possible, is to reduce the overall amount of retaining
wall and step area that is cunently on the property. We are proposing to combine the
upper t�vo �valls in to one four-foot wall. The lower wall would remain in the three to
four foot range. We also propose removing permanently approximately two-thirds o�'the
original steps. The slope of the land on the top portion of the original steps is such that
the steps are not necessary. In fact, we have already removed most of the unnecessary
steps. These proposals will reduce the overall hardcover on the property
Thank you for your time,
.� r ,
Gregg and Stephanie Larsen
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To: The City of Orono
From: Gregg and Stephanie Larsen
RE: 1380 Rest Point Road—Patio Variance Request
We are proposing to construct a brick paver patio on the lakeside of our home.
The dimensions would be 12' by 30' running along the front of our living room�rith an
additional 3' by 10' section in front of the porch.
The area of the patio would not exceed 387 square feet. The patio �vould not
encroach on the 75' waterfront setback.
Our current hardcover exceeds the maximum amount allo�ved. Ho�ve��er, the new
patio will replace approximately 100 square feet of current landscaping (see photo
attachment). Also, we have recently removed approximately 278 square feet of hardcover
that is not shown on the new survey (see photo attachment). This along with the�0
square feet of reduced hardcover from our proposed retaining wall replacement brings the
total amount of the hardcover reduction to 418 square feet. This is more than the amount
of the proposed patio square footage of 387.
Our goal is to complete this patio along with the retaining �vall replacement in one
project this fall.
Thank you for your time,
�2�5��
Gregg and Stephanie Larsen
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=�.``� Patio Variance
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Icnbth of proposed patio location
(approsimatel} 100 square feet)
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uUl.1!1 I/l I1R3 I.AKSbN,IiKLV V
AD VANCE SUR VEYING & ENGINEERING CO.
SJ00 5.11���'.No.101 M1linnrtonka,MN 55)45 I'hone(612)474 79G4 (ax 1612)474 R2(7
SURVEI'FOR: Cl��:GG L�fRSEN
SURVEl'ED: Scptcmbcr,2000 DRAFiED: Scptcmber 19,2000 n�
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REVISED: Seplembcr 20,20(10 lo ihow ezisling conlours,proposed retaining a�alls,proposed patio. � �
LGGAL DCSCRIPTION: �Q�� \
Lot 6 and�he Westedy 40 fcat of Lot 7,Subdivision of Lot 14,Rcsl PoiN Perk,Lakc Minnclonkq � �
Heonepin Counry,Minnesotn. \
SCOPE OF WORK: �1� � �
I. Show�ing the length nnd direction of boundary lines of�he abova legal destrir�ion. The �O 5� '
�9 O�, \ +' 1 �
scope of our sen�ces das not include deiermining what you own,which is a Iegal malter, y=;pO� f 0" �0;�'
Pleasc check ihe legel descrip�ion with your rccords or consult wiW compelont legal counsel, nG� `' �;�°� r \
if ncccssary,�o make sure t6at it is cortect,and�hat any mntters of recor4 such a�casemrnts,�hat �Q y� g��0 4���s'
you wish showo ou the survey,hevc been s6own y ��M1 '` � -
2. S6owing the location of existing improvemenls we deemed importanL i�,.e_,,, �.,,,„„ td�"y �`_ �' \
3. Setting new monuments or veritying old monumen�s�o mark Ihe comers of the�roperty. '^'" .
4.Showing and labulating hard covcr and area o(�ht l01 for your rcvitw and for ihe rcvicw oC o \ e �� �
such govcmmenlal agencies az may have jurisdic�ion over hard cover requ'vemenls. �e \
STANDARD Sl'M�OLS&CONVLNTIONS: ,,A s M1�� �f��1'\ �, _ �s �
"�"Denoles I/2"1D pipt wilh plastic plug bearing S1a�e Licensc Number 9235,scl,unlcss / �. �°y�'a� s� �'��0 Y rv \ -� ss.�0��� ���s� \
otherwisenoled. - �opi<`° ti''° \ 'S0.9� m,p�'.
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1 hcreby certity Ihat this survey was prcpared by me or unAer my dircct supervision and ihat f am '� o � �
a Profcssionai Engineorand Pr fessional Surveyor under the laws o(�he Sta�c o(Minneso�a. .� oe��s o 1y` Pp� �p ,,,,o � �
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JUNE, 1980
FH��
6. THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESERVED
AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY
PR.ACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTR.ATION.
The Harza Study , the 208 Water Quality Management Study , and Orono' s
Surface Water Management Plan all recommend this approach to permanent
water quality management for Lake Minnetonka. In addition , the �rono
Plan goes on to identify individual wetlands and marshlands that
require protection as part of the City' s storm water management program.
It is the policy of this plan to effectuate the policies and recommen-
dations of the 1974 Orono Surface Water Management Plan.
7, PROTECTION OF THE CITY' S MARSHLAND, WETLANDS AND DR.AINAGEWAYS SHALL
INCLUDE PROTECTION OF ADJOINING LANDS AND PREVENTION OF DRAINAGE,
FILLING, DREDGING OR WETLAND' S VEGETATION REMOVAL. Ordinances will
establish setbacks for all land alteration or construction. Wherever
possible , the City will acquire open space and flowage easements for
conservation of these lands.
8. `, PROTECTION Or LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, USE AND
`� ENJOY2�NT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACHMENT.
In conformance with Mn . DNR Shoreline Management regulations for
recreational development lakes , the City will prohibit overly dense
development within 1 , 000 feet of Lake Minnetonke . Lake use regulations
will be promoted to limit excessive boat density and overuse of sensitiv�
bays . Land use regulations will be developed to provide reasonable
control over building density , land alteration and lakeshore encroachmen�
9 �, LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Natural vegetation
� in shoreland areas will be preserved insofar as practical and r�asonable
in order to retard surface runoff and soil erosion , and to utilize
excess nutrients . Clearcutting will be prohibited. In areas- of soil
� or wave action erosion , natural stone rip rap shoreline protection will
be encouraged . .
10 . LAKE BED ALTER.ATIONS WILL BE DISCOURAGED BECAUSE OF ADVERSE SHORT-TERM
AND LONG-TERM EFFECTS ON WATER QUALITY. Dredging .of lake beds releases
large amounts of otherwise trapped nutrients and silt which adversely
affects water quality for long periods of time . Dredging of new
chaz�nels or inlets will not be approved to provide riparian access
where none existed naturally. Dredging will be permitted in limited
circumstances only where absolutely necessary to maintain existing
natural riparian access permanently lost by something beyond the
control of the landowner. Periodic low water conditions or the owner ' s
desire for deeper draft watercraft are not suffici�ent reasons for
disrupting sensitive lake beds .
cr� 3-20
� �� � �
JUNE, 1980
F N V�N�E�I.
11. DEVELOPMENT OR ALTER.ATION OF FLOODPLAINS WILL BE RESTRI�heDshoreline
of the City ' s identified floodplains are located along other pro-
or within designated marshlands and will be protected by
visions applicable to those areas . In addition , where floodplains
do exist on otherwise dry buildable land , construction , filling or
alteration will be strictly controlled so as to avoid flow restrictions ;
to avoid flood level increases on other properties , and to avoid costly
flood damage or pollution dangers.
12. NATUR�L RESOURCE INVESTIGATION WILL BE REQUIRED AS PART OF ALL
DEVELOPMENT PROPOSALS. This will include topographical information ,
soil analysis , drainage plans , vegetation plans , ereC�°nWhetherlpublic
measures and similar site data related to each proj
or private . The extent of each such review will be determined by
probable environmental impact. Greater detail will be required of
larger projects than of smaller ones . As proximity to Lake Minnetonka
or a major wetland increases , so will the care and concern increase
in direct proportion .
13. ON-SITE WATER RETENTION FACILITIES WILL BE REQUIRED AS PART OF AI,L
RESIDENTIAL, COMM�RCIAL OR INDUSTRIAL DEVELOPMENT PROJECTS WHENEVER
N:.CESSARY TO MAINTAZN OR IMPROVE THE EXISTING STORM WATER o��ardcover
PATTERNS. Whenever a development ' s location , size , scop
would tend to increase the quantity of runoff , increase the speed of
runoff , or decrease the quality of runoff , that development wi11 be
required to provide on-site retention facilities sufficient to �aintai
the existing situation or to improve the resulting runoff by reducing
quantity , reducing speed and/or improving quality. No development wil
be permitted to adversely impact it ' s neighbors , or the City , by
changing drainage patterns or by otherwise adversely affecting storm
water drainage .
.14 . LAND USE AND DEVELOPMENT WILL NOT BE PERMITTED AT THE EXPENSE OF
ENVIRONMENTAL PROTECTION. No land will be permitted to be subdoseded
or built upon which is held unsuitable by the City for the prop
use because of flood hazard, inadequate drainage , soil formations
with severe limitations for development , severe erosion potential ,
unfavorable topography , inadequate water supply or sewage disposal
capabilities , or any other feature likely to be harmful to the health
safety, or welfare of the future residents of the proposed subdivisio:
or of the community . No land use will be allowed to adversely ermitt
the neighborhood' s air or water resources nor will any use be p
to emit noise , dust, electrical or radiation pollution .
CMP 3-21
� „ .
FNYIRONMENTAL JUNE, 1980
15. EROSION CONTROL PLANS AND PROGRAMS WILL BE REQUIRED IN ALL LAND
ALTERATION PROJECTS. Each contractor will be required to mininize
the probability of soil erosion on site and/or siltation damage
downstream. The smallest amount of bare ground shall be exposed
for as short a time as possible . Temporary ground cover will be
required until permanent cover is provided. Sediment traps will be
required on slopes and between construction aites and public roadways .
Fill must be compacted and stabilized for permanence .
�1RBAN AREA POLICIES FOR NATLtRA� RESOURCE MANA�EMENT
1. LAI`1D USE STANDARDS WILL LIMIT THE IMPACT OF URBAN ENCROACHMENT ON
LAKE MINNETONKA. Minimum lot widths will space out docks and
structural encroachments while increasing areas of natural vegetation.
Lake use regulations will limit the number of boats per property and
the amount of public waters available for private docking and boat
storage .
` 2. Rc.TENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION
U AS VISIBLE FROM THE LAKE. Building heights will be limited to less
than the typical tree height . Minimum green belts will be provided
with prohibitions against clearcutting or excessive thinning of
vegetation . Natural vegetation will be preserved on slopes . Retaining
walls will be discouraged except when absolutely necessary to prevent
erosion , in which case they will be screened with natural vegetation.
3. DIRECT RUNOFF INTO THE LAKE WILL BE MINIMIZED. Standards will be
established and maintained to limit the amount of impervious hardcover
in proportion to closeness of the shoreline . Maximum hardcover wi11
be limited to 30$ of each parcel within 1 , 000 feet of the shoreline
. . pursuant to Mn. DNR recommended shoreline practices . �
4 . ALL EXISTING URBAN j+TETLANDS WILL BE MAINTAINED AND PROTECTED FOR
SURFACE WATER RETENTION AND FILTR.ATION. The existing urban runoff
exceeds the capacity of the urban marshes to assimilate all nutrients ,
therefore additional pollution hazards would be created if any wetlands
would be lost. Additional steps to improve nutrient assimilation
include on-site retention on all new developments and storm water
recycling through the existing marshes .
5 . CITY MAINTENANCE PRACTICES WILL BE DESIGNED TO IMPROVE STORM WATER
QUALITY. Salt use for winter street treatment will be minimized.
Snow removal practices will locate temporary storage sites where they
will not overload the natural drainage system or where foreign matter ,
especially salt , will not directly enter a marsh or lake . Spring
cleanup will promptly remove road sands and salts before� environmental
damage occurs .
CMP 3-22
- . ,
� �' � Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity
Bonestroo Employer and Employee Owned
Principals:Otto G.Bonestroo,P.E.•Marvin L.Sorvala.P.E.• Glern R.Cook,P.E.•
� Rosene Rober[G Schunicht.PE.• Jerry A.Bourdon.P.E.
Anderlik & Senior Consultants:Robert W.Rosene.P.E.• Joseph C.Anderlik,FE.•Richard E.Turner,PE.•
Susan M.Eberlin,C.P.A.
Associates Associate Principals:Howard A.Sanford,P.E • Keith A.Gordon.PE.•Robert R.Pfefferte,P.E •
Richard W.Fos[er,P.E.• David O.Loskota.P.E.• Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.•
Engineers &Architects Michael T.Rautmann,P.E.•Ted K.field.PE.• Kenneth P.Anderson,P.E.•Mark R.Rolfr,P.E.•
David A.Boneztroo.M.B.A.• Sidney P.William5on,P.E..L.S.• Agnes M.Ring,M.B.A.�Allan Rick Schmidt.P.E.
Offices:S[.Paul.St.Cloud.Rochezter and Willmar,MN• Milwaukee,WI
Website:www.bonestrao.com
October 9, 2000
Wendy Bottenberg
Assistant Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay, MN 5�323
Re: Larsen Retaining Wall
File No. 139-2630
Dear Wendy:
We have reviewed the proposed plan for retaining wall improvements to [he Gre�j and Stephanie Larsen
property located at 1380 Rest Point Road.The plans call for the removal of existin�stone and wood retaininQ
walls and replacing them with boulder retaining walls.The plans also show the construction of a brick paver
patio adjacent to the lakeside of the home.We have the following comments in regards to engineering matters:
• Silt fence should be in place prior to any grading or removal activities.
• Boulder retaining walls should be constructed with angular rocks to provide wall stability. Boulder
�valls constructed with round rocks tend to lack stabili[y,similar to stackin�marbles.The wall desi;n
should incorporate a draina�e filter material and drain tile behind the walis and be constructed with the
proper batter to provide wall stability. �
• Tl,e area between[he two new walls and any other disturbed areas should be seeded and covered with
a fiber blanket immediately after grading to prevent erosion.Staked sod is an acceptable alternative to
seed and fiber blanket if sod is available.
• ��Q ne�v walls shall not exceed 4-feet in heiaht without an engineered set of plans submitted for
re��iew.
• The plans should show proposed elevations for the patio and identify any associated grading.
• The Minnehaha Creek Watershed District should review and approve the plans.
Please contact me at (651) 604-4863 if you have any questions regardin�this matter.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK&ASSOCIATES, INC.
/� �.��`��'�
� �/
Tom Kellogg
Cc: Grej Gappa, City of Orono
2335 West Highway 3G ■ St. Paul, MN 55113 ■ G51-G3G-4G00 ■ Fax: 651-G3G-1311
.' Y � ,
� HARDCOVER CALCLZ?,TION ��%ORKSHEET �
SETBACK ZONE: (CIRCLE ONE) 0-75' 7L2�0' 25Q-�00' SOQ-1000'
FXiSTT`�'G H,�RDCOVER IV ZOtiE
A. House x = S.F.
Lc��tlt Fi id:h
_ �S_F.
Y = S.F.
x
= S.F.
S h e� = Z2�o s.F.
B �� x
• = S.F.
C. Driveway X
= S.F.
x
= S.F.
D. Sidewalk X
= S.F.
x
= S.F.
E. Patio��Decic X = S.F. �-'=��
x � =,
Re�.�J0.t�s X = �,�2 s.F. �:._=__:-:��'�
F. G�aPc' = S.F.
Underlain X = S.F. �-`'� --`
By Plastic X '; ;
wcod S-�z�s, 4�cc.� & Rcxv,� _ '' .
x �g. s.F. �-, . ;
G. 6t�- " -
TOTAL HARDCOVER [N ZONE - � 2-Z S.F. A,:-;� .-•-�
TOTAL PROPERTY AREA IN ZONE - �I 5 '3 3 S.F. B"�`' . �:
A � �2.2 = B —I S`�� x 100 = � 2. 2 % ��.. , f
PROPOSED HARDCOVER iN ZOYE �`'•,-.�.'_r �,
X = s.F. �� :.:: ;.1
A. House
Length WizLh '�s�> "Z�
X = S.F. ''�
- S.F. �
X - C�� c
S.F. `_ _'�.
_ x - `�',_� .,�
- �
- s.F. ` ��
B. Garage _ x
= S.F.
C. Drive�vay X
= S.F.
x
= S.F.
D. Sidewaik X _
_ S.F.
x -
R�-��,� cx, f��.-�� W�.us = — S'�2 s.F.
E. �� X � = S.F.
x
�d� v�eU �--�-,W��1 � _ -��9 2 s.F.
F. L-��:�= x = S.F.
Ur.derlain X _
_ S.F.
By Pfasric x
= S.F.
G. Other X
TOTAL HARDCOVER IN ZONE - .�2' S.F. A
TOTAL PROPERTY AREA IN ZONE - _ -) S�J 3 S.F. B �
A O•g"Z__. — = B _� ��`� x 100 = _ �I �� %
11 '
. � ti .
F�ARDCOVER CALCLrI,ATION WORKSHEET -
SETB�CK ZOtiE: (CIRCLE ONE) 0-i�' 7�-Z�0' 2�0-�00' SOQ-1000'
EYISTI`�'r HARDCOVER IP+' ZONE
A. House x = 2..5 �S S_F.
Lca�th width � �S �S_F.
�40`(�GC-. t,.J , �s� x —
,� - S.F.
X = S.F.
- S.F.
B. Gara�e X
C. Driveway x __ _ � 2-�� S_F.
x
= S.F.
- S.F.
D. Sidewalk x
= S.F.
x
= S.F.
E. PatioiUec4c X
= S.F.
x
F. Landscape x = � ��_ S.F.
= S.F.
Underlain X
= S.F.
gy g}ssrie x
��b r.G
G. Other e,c���C`�e�2 gi ��%C.'�'x S�-e.:•QS - �`3 S S.F.
�'OTAL HARDCOVER IN ZONE - �� I � S.F. A
TOTAL PROPERTY AREA 1N ZONE - �,S A G� S.F. B
A �=i�i 1 = s X ioo = 6�,,Z °i�
PROPOSED HARDCOVER ii�t ZOi`iE
A. House x = S.F.
Length W idth
X = S.F.
= S.F.
x = S.F.
x
- S.F.
B. Gaca�e X
C. Drive�vay x = S.F.
x
= S.F.
= S.F.
D. Sidewalk X
= S.F.
x —
E. Patio/Deci: 2LJ C� .�Q x = ��� S.F.
x
= S.F.
Rem��2 la��(�s�ti���� _ -- i 00 s.F.
F. Landscape = S.F.
Underlain X
Bv Plasric x = S.F.
= S.F.
G. Oche; X
TOTAL HARDCOVER IN ZONE - -- _ ' S.F. A
TOTAL PROPERTY AREA TN ZONE - � .��_ S.F. B
� _ g x 100 = ��-__4 %
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; / RUN DATE 09/14/00 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT N0. PI435401
PROPERTY OHNERS LIST PAGE 10
BATCH 5D3
38 07-117-23 31 0024 38 07-�17-23 32 0002 38 07-117-23 32 0030 �
PROP ADDR 01350 REST POINT CIR 01340 REST POINT LA 01310 REST POINT LA
OHNER NAME RICHARD L ANFINSON J H HOUTMAN 8 K J HOUTMAN E D 8 C L REINHART
TAXPAYER RICNARD L ANFINSON J H HOUTMAN $ K J HOUTMAN ERIC D REINHART ,
NAHE/ADDR 1350 REST POINT CIR 1340 REST POINT LA 1310 REST POINT LA
NOUND MN 55364 nOUND MN 55364 MOUND NN 55364
38 D7-117-23 32 0031 38 07-117-23 32 0034 38 07-117-23 32 0037
PROP ADDR 01360 REST, POINT CIR � 01365 REST POINT RD 01375 REST POINT RD
OHNER NANE D 8 J BOIES JR THOMAS NICHOLAS BERSCHEID M B & L K GERLICNER
TAXPAYER DAVID B 8 JENNIFER BOIES JR THOMAS NICHOLAS HERSCHEID MICHAEL B 8 LYNNE GERLICHER
NAME/ADDR 1360 REST POINT CIRCLE � 1365 REST POINT RD 1375 REST POINT RD
nOUND HN 55364 MOUND NN 55364 MOUND MN 55364
3II 07-117-23 32 003a 38 07-117-23 32 0039 38 07-117-23 32 0060
PROP ADDR 01373 REST POINT RD 01350 REST POINT RD 01366 REST POINT RD
OHNER NAHE K E ANDERSON 8 A K KRAHER L 8 S GRABILL J K LANGHANS 8 S LANGHANS
TAXPAYER KIRK ANDERSON • LARRY 8 SHARON GRABILL JAMES K R SNEILA LANGHANS
NAHE/ADUR 1373 REST POINT RD 1350 REST POINT RD 1366 REST POINT RD
HOUND HN 55364 NOUND NN 55364 HOUND NN 55364
38 07-117-23 32 0061 38 07-117-23 32 0062 38 07-117-23 33 0001
PROP ADDR 01371 REST POINT LA 01354 REST POINT CIR 01410 REST POINT RD
OWNER NAME KENNETH H 8 RENEE G EGGERT B A SCHEBLER 8 S B SCNEBLER ROBERT G BREDESON .
TAXPAYER KENNETH W 8 RENEE G EGGERT B A SCHEBLER & S B SCHEBLER ROBERT G BREDESON
NAME/ADDR 1371 REST POINT LA 1354 REST POINT CIR 15 E ST ALBANS RD
HOUND HN 55364 MOUND nN 55364 HOPKINS MN 55305
38 07-117-23 33 0002 38 07-117-23 33 0003 38 07-117-23 33 0004
PROP ADDR 01400 REST POINT RD 01406 REST POINT RD 01398 REST POINT RD
ONNER NAME DAVID A NILLIAMS ETAL L R HORN 8 H HORN L K JOHHSON 8 C 8 JOHNSON
TAXPAYER DAVID A WILLIAMS LESTER R 8 HYRTLE HORN LYLE K JOHNSON
NAHE/ADDR 1400 REST POINT RD 1406 REST POINT RD 2737 IRVING AVE SO
HOUND HN 55364 NOUND nN 55364 nPLS HN 55408
38 07-117-23 33 0005 38 07-117-23 33 0006 38 07-117-23 33 0007
PROP ADDR 01396 REST POINT RD 01386 REST POINT RD 013a0 REST POINT RD
OWNER NAHE P 8 N HALSl1 J T NYGARD 8 K N NYGARD G J LARSEN & S B LARSEN
TAXPAYER PATRICK J HALS11 J T NYGARD & K �S NYGARD STEPHANIE B 8 GREGG J LARSEN ,
NAnE/ADDR 1390 REST FOINT RD 13a6 REST POINT RD 1380 REST POINT RD
nOUND MN 55364 MOUND MN 55364 MOUND HN 55364
� .
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--- � .
� RUN DATE 09/14/00 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN REPORT ND. PI435401
,�,. PROPERTY OWNERS LIST PAGE 11
BATCN 503
( 38 07-117-23 33 0009 38 07-117-23 33 0010 38 07-117-23 33 0011
PROP ADDR 01395 REST POINT RD 01405 REST POINT RD 01385 REST POINT RD
OWNER NAME B CAVENDER 8 C CAVENDER C CAVENDER 3 8 CAVENDER D N 8 J L RAHN ,
TAXPAYER BARBARA 8 COLLINS CAVENDER COLLINS CAVENDER 8 DAVID N 8 JDDI L RAHN
NAME/ADDR 925 NINDENORE CURVE BARBARA CAVENDER 1385 REST POINT RD
PLYNOUTH MN 55441 1405 REST POINT RD HOUND MN 55364
MOUND HN 55364
38 07-117-23 33 0012
PROP ADDR 01374 � REST POINT RD
OWNER NAME G R BLOON 8 T A BLOOM
TAXPAYER ' 6EORGE R & THERESA A BLOOH TOTAL BATCH 503 00022
NAME/ADDR 1374 REST POINT RD
HOUND HN 55364
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS 7HIS DATE ON THE RECORDS �
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF NY KNOHLEDGE AND BELIEF.
/��y;
DATE�J I�7��> BY C_.�� ���_��.._:��
.
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/ 3�C.� �t5�` ���ir�t �'crzc�
. �
PERMIT RECORD
. �
Permit No.
Date Type of Permit
3 �3 � -- -- 6` 7 Y __ 5 Ec.�� K
3 5 3 a _ �� �----- -- -s�c
I S b _� _ �D_.7�—�------- �LT�'/L4�T�c�.vS
�/.1 Sa ---- ��" 75
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--y��--��.------�. ���5�.-----�-----R�m opEl d 2�nrw,���
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/ >�J ,_ �l' f� /`� / ---- ---- ���C'� �
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� -==Y�=��:� CIT�' of OI�OI11'O
,.,:3i.t� �
' � a�'i • .. •
.�� �
� ,t,. �� ; � �, hlunicipal Offices
r=•.'{��.i:.�;��:'!. '1�
��r !��,•,=1.;:.�`�t��G SVeet Address: Hailing Address:
'�ES�Qg' 2750 Kelley Par{cway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323•0066
DATA PRIVACY ADVISORY
In accordance �vith M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inforn you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You aze notified that:
1. The information you furnish will be used to determine your qualification for the ,�
permit or license requested.
�.;�
2. You may refuse to supply data, but refusal may require that the City deny the pernZit
r�,
or license. - �` �
. �.
3. The information may be shared ��zth other local, state or federal aaencies to the v�`'
extent necessary to process the pemut or license. , �"'
�'
��.�
`��,
4. If your requested permit or license requires Council action to approve, some � "`.�
information may become public. ��
,k�
�. You have certain rights under M.S. 13.04 (see following page) to review private da ��9
on yourself.
6. Your full name is required to process this application or pern�it.
�� ���
First Middle Last
2-�� �4 r�--t�v`
Address
�IV�u 2�., (�11�j 5534 t ���Z'� rl
City � State Zip Phone
I stand my rights as stated above.
Sib
Telephone(612)249-4600 • Fax(612)2A9-4616 9
SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on «-hom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be �ven individual. An individual asked to supply
private or confidential data concemi.n� himself shall be informed of: (a) the purpose and
intended use of the requested data wzthin the collectin; state ajency, political subdivision, or
statewide system; (b) whether he may refuse or is le�ally required to supply the requested data;
(c) any known consequence arisin; from his supplying or refwinD to supply private or
confidential data; and (d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an i.ndividual is asked to supply
investiaative data, pursuant to section 13.82, subdivision 5, to a la�ti- enforcement officer.
The commissioner of revenue mav place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored .data on individuals, and
whether it is classified as public, private or confidential. tJpon his further request, an .
individual who is the subject of stored private or public data on indi�-iduals shall be shown the
data without any charje to him and, if he desires, shall be informed of the content and meaning
of that data. After an individual has been shown the private data and informed of its meani.ng,
the data need not be disclosed to him for six months thereafter unless a dispute or action
pursuant to this section is pending or additional data on the indi�-idual has been collected or
created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of makinQ, certifyin�, and compiling the copies.
The responsible authority shall comply irnmediately, if possible, w-ith any request made
pursuant to this subdivision, or within five days of the date of the request, excludina Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days �vithin which to comply with the request, excludin� Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concern.in� himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disa�eement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disab eement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relatin� to contested cases.
10
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Patio �vould replace current landscape stone ���ith plastic
underlay running on average 30"out from house for the entire
length of proposed patio location
(approximatel,y 100 square feet)
.. MINUTES OF THE
� ORONO PLANNING COMMISSION MEETING
� Monday, October 16, 2000 � ' ' � ' �
(#2629 Keith Nord, Continued)
addition. Day stated he also had the understanding the alley would be vacated at tonight's
meeting, noting he has spoken with City Staff about the vacation. Day indicated he would like
to see the road vacated prior to any variances being granted.
Quady commented in his view the approval of the variance is not right and the alley should be
vacated,which would result in a variance not being needed for this project. Quady stated
vacating the alley would be a simple solution to this problem and eliminate the need for a variance.
Nygard stated the Planning Commission is merely a recommending body and that the City
Council will make the final decision on this application.
Kluth inquired whether the Applicant considered locating the garage behind the house.
I�leyer stated a number of large trees exist in that area,which would need to be cut down.
Kluth commented the variance process is intended to handle unique situations.
Kluth moved,Lindquist seconded,to recommend approval of Application#2629,
Keith Nord, 1245 Lal:eview Avenue, granting of variances to the front and side yard
setbacl:s to permit construction of a one stall garage attached to the existing resid,�� �� -=-�'�
VOTE: Ayes 5,Nays 0. _, . - .
Day inquired how a variance can be issued to someone who does not own the propert��.
__..s_�.__
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Weinberger stated the variance is recorded against the property, with the Appl�cant hav,�� �: ; � t ,�
interest in the property. Weinberger stated the actual property owner would sign the resa ufian'_�-=:.,�:,. '
granting the variances.
Day reiterated his request to have the alley vacated.
Lindquist noted this matter will appear before the City Council October 23`�. Lindquist requested
�ity Staff notify the neighbors in attendance at tonight's meeting be given notice of the.�ity
Council meeting whea this application will be heard.
(#15) #2630 GREGG AND STEPHANIE LARSEN, 1380 REST POINT ROAD,
VARIANCES,9:09 p.m.—9:42 p.m.
Gregg and Stephanie Larsen,Applicants, were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicants are proposing two different things in their application. First
they are seeking a conditional use permit to replace existing retaining walls. There are
currendy three retaining walls within the 0-7�' setback. The Applicants are proposing to
combine the upper ri�•o walls as one and keeping the lower,which is currently closer to the
PAGE 22
MINUTES OF THE ,,
ORONO PLANNING COMMISSION MEETING �
Monday, October 16, 2000
(#2628 Roger Anderson, Continued)
addition can be placed on the house w-ithout requiring variances. Due to the existing floor plan
and driveway location,the proposed location is the best site for the garage.
Weinberger staied a platted but undeveloped 12 foot alley is located along the east property
line. Vacation of the alley was discussed. It is the position of Staff that the entire neighborhood
should jointly apply for a vacation ofthe alley. Should the alley be vacated in the future, six
feet would go to each adjacent property owner. Weinberger noted this alley is not needed for
access to any properties. Utility easements���ould be required over the entire 12 feet because
the alley is used for utilities,which consist of overhead power lines. Weinberger stated there
would be 12 feet between the center of the alley to the corner of the proposed garage addition,
with Staff'recommending a minimum of 10 feet for lots under one-half acre in the RR-1B
zoning district.
City Staff recommends approval of the variances to permit construction of a one stall attached
garage with second level living space based on the hardship that the house was constructed
in 1958, prior to the 50 foot setback for new construction being adopted.
Meyer stated he has nothing further to add to Sta�s report.
Curt Quady, 21223 Brown Road South, inquired whether the alley would be vacated at this
time. Quady stated he received information indicating that the alley would be vacated at
tonight's meeting.
��` Weinberger stated vacation of the alley is not a part of this application. Weinberger stated
-��t � Quady received a legal notice, and at that time the Applicant had been discussing the possibility
-'���. --..:_
'� : of vacating the alley. The Applicant has not made a formal application for the vacation at
this time.
Quady stated based on the information he received,he had the impression that the vacation would
occur at tonight's meeting, noting they have been waiting for rivo and a half hours for this
application to be heard.
Lindquist stated the Planning Commission will not be acting on the vacation at this time.
Quady commented the City has not maintained this alley, with mature trees now existing in the
right-of-��-ay. Quady stated he has spoken with the City in the past regarding vacation of this
alley as �•ell as maintenance of the right-of-way, but has not met with any success.
Lindquist recommended the property o�mers in this area get together and request a vacation
of the alle��if that is their desire.
Quady staied in his view variances are either right or«�rong and that in most instances a
variance should not be granted. Quady stated vacation of the alley would eliminate the need for
a variance in this case, and questioned why the vacation was not being pursued.
Roger Day, 1205 Brown Road South, stated his residence is directly behind the proposed
PAGE 21
„ MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2000
(#2630 Gregg and Stephanie Larsen, Continued)
lake,which would make two walls rather than the three that currently exist. Retaining walls
are considered hardcover;therefore, a variance is needed for hardcover in the 0-75' setback
azea.
Bottenberg stated the second part of the application is to construct a brick patio on the lakeside
of the existing residence replacing a wood deck that the Applicant removed. The patio will be
approacimately 12' by 30' and a smaller portion will be 3' by 10', for a total square footage of
approximately 387 square feet. 'The deck removed was 135 square feet.
The replacement and combination of the retaining walls will reduce the hardcover coverage in
the 0-75' zone from 922 square feet or 12.2 percent to 882 square feet or 11.7 percent. The
Applicants have no intent to remove the shed and ramp which account for 3.7 percent of the
hardcover in the 0-75' total number.
Bottenberg stated the lakeside patio of approximately 278 square feet will increase the
hardcover coverage in the 75-250' from 5,811 square feet or 64.2 percent to 6,098 square
feet or 67.4 percent. The Applicants have already reduced the hardcover coverage by
removing landscape plastic under rock. However, according to the survey,there still is a
considerable amount of landscape fabric in the 75-250' zone. That landscape fabric is
appro�cimately, 1,�27 square feet. If that is removed, it�vould reduce the amount of hardcover
from 5,811 squaze feet to 4,371 square feet or get it down to 48.32 percent.
Bottenberg stated the 1980 City of Orono Community Management Plan contains a number of
general land�:.��3 environmental protection goals and policies with which the proposed land
alteration wou�;���-��consistent. Without the retaining walls in the 0-75' zone, erosion would be
a problem.
The City Engineer has reviewed the proposed retaining wall layout from an engineering standpoint
and recommends new retaining walls be constructed on the site between the home
and the lake. It is his opinion that the e�cisting retaining walls shouid be replaced.
Staffrecommends the retaining walls be reduced and vegetation and screening requirements
should be addressed by the Planning Commission. The second portion of this pertaining to the
patio, Staff recommends approval of a variance to build a patio of no greater than the deck that
was previously there that was removed of 135 square feet.
Lindquist inquired whether the Applicant had anything to add.
Larsen inquired whether the eaves have been included in the hardcover calculations. Larsen
commented the patio is actually 10' by 30'.
Lindquist stated the Planning Commission needs to use the hardcover calculations shown on
the survey.
Gaffron stated typically eaves are not included in the hardcover calculations and are not
indicated on this survey.
PAGE 23
MINUTES OF THE „
ORONO PLANNING COMMISSION MEETING
Monday, October 16,2000
.
(#2630 Gregg and Stephanie Larsen, Continued)
Stoddard inquired whether the Applicant was okay with the recommendations given by the
City Engineer.
L.arsen stated he was. Larsen indicated they would be utilizing oblong boulders as opposed to
round boulders. Larsen noted they have removed a lot of hardcover already, such as a
stairway, and inquired whether he could get credit for that.
Lindquist stated the Planning Commission needs to go offthe hardcover numbers that are
on the Applicant's survey.
L.arsen presented some pictures of the items that he has removed. Larsen indicated the survey
was completed following removal of some hardcover items.
Lindquist noted the landscape fabric and plastic is nomially not allowed and would need to be
removed. Lindquist stated that normally is not included in the hardcover numbers.
Gaffron commented that normally landscape plastic is not taken into account when it comes
to trading off hardcover and is not allowed under City Code.
Stoddard inquired whether the hardcover exceeded the 5,800 square feet.
Larsen stated that the hardcover would exceed the 5,800 square feet if those other items were
included. Larsen indicated he has reduced the hardcover to 64 percent.
Stoddard inquired what size deck the Applicant would be able to have if the hardcover
remained at 64 percent.
Larsen stated zero.
Lindquist commented it appears he would be allowed to have 280 square feet of deck or patio.
Larsen commented that he has a limited and shallow lot that restricts his options. Larsen
stated he would be willing to reduce the size of his driveway but would prefer to remove the
landscape fabric and receive credit for that. Larsen commented in his view in exchange for
removing approximately 700 to 800 feet of plastic,he should be allowed to have a patio
consisting of a couple hundred feet.
Stoddard stated the Planning Commission is not able to do that, noting they would be setting a
precedent if they traded landscape plastic for hardcover.
Lindquist stated as a condition of approval he would like to see all the landscape plastic
removed in both the 0-75' and 75-250' setbacks.
Stoddard inquired whether the Applicant could reduce the size of his driveway without much
problem.
PAGE 24
, MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
. Monday, October 16, 2000
(#2630 Gregg and Stephanie Larsen, Continued)
Larsen commented he would prefer to give up a few feet of patio rather than reduce his
driveway. Larsen suggested that perhaps the patio could be reduced to 25 feet wide rather
than 30 feet.
Stoddard stated a 12' by 25' patio would be approximately 300 square feet.
Kluth stated in the past the Planning Commission has required that the Applicants keep the
same amount of hardcover that is existing and not to exceed that. Kluth indicated he would be
willing to allow the Applicant to have the same amount of hardcover as what currently
exists but no more.
Larsen stated he would like to get credit for the 135 square foot deck that has already been
removed. Larsen noted that deck is not depicted on the survey.
Berg stated she would like to see the patio reduced to 135 square feet or the size of the deck
that was removed.
Larsen indicated that the 135 square feet shown on the survey is actually a covered porch that
will be converted into a three season porch.
Lindquist stated there appears to be total existing hardcover in the amount of 5,811 square feet.
Lindquist commented that there is some confusion because the Planning Commission does not
know what hardcover cunently exists on the property.
Kluth noted the 135 square feet for the deck that was removed is not included in the hardcover
calculations.
Berg stated that would make the 5,811 number inconect.
Nygard stated an additional 135 square feet would need to be added to that amount.
Larsen commented he also has removed some railroad ties and a dog run down to the lake.
Lindquist stated he would be willing to allow the Applicant 5,946 square feet of hardcover,
and it is up to the Applicant to determine what items will constitute that hardcover.
Berg stated the Applicant will need to show on his survey the size and layout of the proposed
patio.
Kluth suggested that perhaps City Staff could work with the Applicant on this matter.
Bottenberg commented that the 5,811 square feet includes 1,727 square feet of landscape
plastic, which would leave 4,371 square feet of hardcover if the plastic were removed.
Nygard stated you would need to add 135 square feet for the deck that has been removed,
PAGE 25
MINUTES OF THE _
ORONO PLANNING COMMISSION MEETING
Monday, October 16,2000
(#2630 Gregg and Stephanie Larsen, Continued)
which would result in 4,506 square feet of total hardcover.
Bottenberg indicated that would be 49.8 percent.
Lindquist expressed doubts that this application can be forwarded on to the City Council due
to the confusion in the hardcover calculations.
Nygard inquired whether the portion of the application dealing with the retaining walls could
be approved.
Larsen stated he would like to move ahead with the whole application.
Weinberger stated if the plastic is removed from the hardcover calculations,the hardcover on
the property is 4,371,which does not include the 135 square feet for the deck that has already
been removed. The final hardcover number would be 4,506 squaze feet, which would include
equal replacement of a deck or patio of 135 square feet.
Lindquist stated he would be comfortable with the 4,506 figure, which will enable the Applicant
to build a patio,provided all the landscape plastic is removed.
Stoddard inquired what size deck the Applicant w�ould be able to have.
Berg stated 135 square feet.
Lindquist indicated the Applicant will not be able to exceed 4,506 square feet of hardcover.
Larsen stated that would just be in the 75-250' setback.
Lindquist stated right.
Kluth commented he would be comfortable with that figure.
L,arsen inquired whether he would be able to receive credit for the stairway that w-as removed.
Berg stated the Planning Commission is not going to go back and try to determine what
existed prior to the survey. Berg stated they are willing to allow 4,506 square feet and that's
it.
Lindquist moved, Stoddard seconded,to recommend approval of Application #2630,
Gregg and Stephanie Larsen, 1380 Rest Point Road, granting of a variance for land
alteration within 75' of the shoreline; a hardcover variance within 75' of the shoreline
not to exceed 4,506 square feet in the 75-250' setback; and to approve a hardcover
variance in the 0-75' setback not to eaceed 882 square feet,with the understanding all
landscape plastic and fabric will be removed in both the 0-75' and 75-250' setbacks; and
granting of a conditional use permit for land alteration in the 0-75' setback, subject
to the six recommendations outlined in the October 9, 2000 City Engineer's Letter, and
PAGE 26
, MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
� Monday, October 16, 2000
further subject to the submittal, review, and approval of a landscape plan by City Staff
for screening of the retaining walls. VOTE: Ayes 5,Nays 0.
PLANNING COMMISSION COMMENTS
(#18) PLANNING COMMISSION APPROVAL OF MINUTES FOR SEPTEMBER 18,
2000
Nygard moved,Kluth seconded,to table the minutes of the September 18,2000
Planning Commission meeting. VOTE: Ayes 5, Nays 0.
(#16) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS SEPTEMBER 25,2000 AND OCTOBER 9,2000
Berg stated she attended the October 9, 2000 City Council meeting,with the Brenshell Homes
Resolution having been approved.
Weinberger stated that matter did appear before the Technical Evaluation Panel on the
Brenshell site today, and they determined there were no wetlands on the property.
(#17) OTHER ISSUES FOR DISCUSSION
Gaffron distributed information regarding the proposed senior housing project.
(#19) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
OCTOBER 23,2000 AND NOVEMBER 13,2000
October 23 —Nygard November 13 —Kluth
ADJOURNMENT
Kluth moved,Lindquist seconded,to adjourn the meeting at 9:55 p.m.
There being no further business to discuss,the meeting was adjourned at 9:55 p.m.
> >-
� � /
izabeth Hawn, Chair
PAGE 27
� MINUTES OF THE
; ORONO CITY COUNCIL MEETING
October 23, 2000
(#16) #2630 GREGG AND STEPHANIE LARSEN, 1380 REST POINT ROAD—
VARIANCES—RESOLUTION NO. 4552
Gregg and Stephanie Larsen, Applicants, were present.
Weinberger stated this application is two-fold. The Applicants are requesting a conditional use
permit to replace some existing retaining walls. Currently there are three retaining walls located
within the 0-7�' setback. The Applicants are proposing to combine the upper two walls as one
and to keep the lower one,which is closer to the lake, making nvo�valls rather than the three that
currently exist. Since retaining walls are considered hardcover, a variance is needed to permit
hardcover within the 0-75' setback area.
The Applicants aze also requesting a hardcover variance to permit construction of a brick patio
on the lakeside of the existing residence replacing a wood deck that the Applicant has already
removed.
The Planning Commission has revie�ved this application at their last meeting, �vith the intent of
the Planning Commission being to start with the total hardcover amount that existed on the date
of the survey, subtract out the portion that is existing landscape plastic/fabric, which the Applicant
must remove, and add back the amount of deck square footage that was removed prior to the
survey. Weinberger stated the amount of hardcover that exists today, minus the landscape fabric,
consists of 4,084 squaze feet on the property. Added to that figure was 135 square feet for the deck
that had been removed. The Planning Commission had incorrectly stated that the amount of
hardcover to be allo�ved�vould be 4,506 square feet, which in fact the calculation results in a
hardcover allowance of 4,219 square feet.
Weinberger stated the motion in the draft minutes of the Planning Commission was to allow
hardcover in the 75-250' zone at a level of 4,506 square feet or 49.8 percent. The motion was to
approve Application#2630 for Gregg and Stephanie Larsen, 1380 Rest Point Road, a variance
to build a patio no bigger than was previously on the property. We're approving a variance,
basically a hardcover variance,not to exceed 4,506 square feet in the 75-250' and to approve
the variance in the 0-75' up to 882 square feet. This motion does include the removal of all the
landscape fabric on the property. The motion was modified to add the six recommendations from
the City Engineer's letter and submittal of a landscape plan for screening of the retaining walls.
The motion��•as approved on a vote of 5-0.
Weinberger stated during the discussion regarding the amount of hardcover on the property, the
Applicant inquired whether he would be able to trade existing drive�vay in exchange for a larger
patio than 135 square feet. The Planning Commission did not give clear direction in this regard.
Staff is suggesting that it would be inconsistent to allo�v such a drive�vay for deck tradeoff when
hardcover is so excessive on the site.
The Applicants have recently purchased the property, with this site having received a variance
back in 1987 to allow a room and attached garage addition. Hardcover allowed by that variance
in the 7�-250' zone was 2,833 square feet for the house/garage/porch, 810 square feet for
driveway, and 100 square feet for landscape areas, for a total of 3,743 square feet. The existing
house/garage/porch has not changed significantly except for removal of the 135 square foot deck,
with the existing driveway having been increased from 810 square feet to 1,299 square feet without
PAGE 9
MINUTES OF THE � �
ORONO CITY COUNCIL MEETING ,
October 23, 2000
(#2630 Gregg and Stephanie Larsen, Continued)
any City approvals.
The Applicants are requesting that the amount of hardcover be increased from the amount that
was existing prior to the removal of the deck to allow a larger patio than the 135 square feet.
Staff recommends approval of the 0-7�' variances for replacement of retaining walls as proposed,
subject to a vegetative screening plan to be approved by Staffprior to issuance of a land alteration
permit for the walls. Staffalso recommends approval of a 7�-2�0' hardcover variance subject
to the four conditions outlined in Staf�s October 19, 2000 report, for a total hardcover in the .
amount of 3,730 square feet.
Larsen requested that he would like to keep the two items separate, �vith the retaining walls being
kept separate from the patio request.
Mayor Jabbour commented that the City Council is looking at the �i�hole property.
Larsen stated he was informed it could be handled separately.
Mayor Jabbour stated if the Applicant does not�vish the City Council to act on one portion of his
application, he can so indicate.
Larsen stated there was a misunderstanding with the Planning Commission as to the amount of
existing hardcover that�vould be allo�ved to remain on the property. Larsen stated it was his
understanding it was implied during the meeting that he would be able to keep the same amount of
hardcover that was existing on the property no matter���here it came from.
Mayor Jabbour stated it is City's policy not to trade a legally non-conforming piece of hardcover
and make it legally conforming. Jabbour stated the City does not trade plastic for hardcover. Jabbour
stated according to the records the City has, a number of these items should not exist since the
prior property owner did not receive approval for them.
Larsen stated that is the reason why they�vould like to keep the rivo items separate. Larsen stated
he would like the patio portion of the application tabled.
Mayor Jabbour stated the City must act on an application within a certain specified period of time,
with a denial meaning the Applicant cannot bring the application back before the City Council
for six months.
City Attorney Barrett stated in his view it�vould be acceptable to withdraw that portion of the
application subject to the Applicant submitting the request in writing.
Larsen inquired whether they could withdraw the patio portion of their application.
Mayor Jabbour stated the Applicant could�vithdraw any portion of his application.
Larsen requested the City Council act only on the portion of his application dealing �vith the
retaining walls in the 0-75' zone.
PAGE 10
f MINUTES OF THE
' ORONO CITY COUNCIL MEETING
October 23, 2000
(#2630 Gregg and Stephanie Larsen, Continued)
Flint moved, Sansevere seconded, to direct Staff to draft a resolution approving the
the variance for land alterations within 75' of the shoreline, hardcover within 75' of the
shoretine, and a conditional use permit for land alteration to replace the existing retaining
walls.
Larsen inquired whether the Council could approve the resolution tonight to enable them to
commence work.
Flint stated the resolution will be voted on at the next City Council meeting.
Larsen inquired whether it was possible to revise the resolution before the Council tonight and to
delete the items relating to the patio.
Mayor Jabbour stated he will continue this item to allow the Applicant to speak with City Staff.
(#28) LONG LAKE FIRE STATION REPLACEMENT—RESOLUTION NO. 4558
Mayor Jabbour stated he met with the Fire Department and informed them of the concerns the
City of Orono has regarding the proposed location in Orono for the new fire station.
Sansevere inquired whether the Long Lake Fire Department���as prepared to okay a site in
Orono.
Mayor Jabbour stated they were prepared to finalize and go to a public information meeting
to finalize the Bro�vn Road site. Jabbour stated the City has taken the position that they would
like the Fire Department to explore other sites. Jabbour indicated the City of Orono would like
to continue to work with the Long Lake Fire Department in finding a suitable site for the new
facility, and that perhaps this position should have been made clearer to the committee prior to
this time.
Sansevere stated he will not support any site for the new fire station if the people�vho reside
on that site are opposed to the taking of their land.
Mayor Jabbour stated he did relay those same thoughts to the residents, and in his vie�v the City
Council is united in allowing the residents to retain their property. Jabbour noted 100 percent of
the City Council members were supportive of those residents in a recent work session.
Flint commented he is in agreement with the affected residents, and stated that unfortunately this
is being perceived as a negative position by the Orono City Council. Flint stated the City of Orono
is interested in the site that is to be chosen, noting that the City incurs approximately 70 percent of
the costs.
Mr. Callahan stated in his view the City Council is taking the right position on this matter and
that the City should enter into negotiations regarding the new fire station since Orono does pay a
significant portion of the costs for the fire department. Callahan stated the City of Orono should
PAGE 11
MINUTES OF THE �
ORONO CITY COUNCIL MEETING 1
October 23,2000
(#28 Long Lake Fire Station Replacement, Continued)
perhaps be prepared to look at other options.
Mayor Jabbour stated the City of Orono definitely needs to be a part of this process and needs to
stay informed of the issues relating to this matter.
Sansevere moved,Flint seconded,to approve and adopt RESOLUTION NO. 4558, a
Resolution setting out the parameters of the City of Orono's involvement in the replacement
of the Long Lake Fire Station.
Mayor Jabbour stated in his view the two cities can arrive at a mutually agreeable solution if Orono
is invited to be a part of this process.
Flint concuned with Mayor Jabbour.
VOTE ON ABOVE MOTION: Ayes 3, Nays 0.
Mayor Jabbour noted that Council Members Kelley and Peterson were in support of this action at
the Council's recent work session.
MAYOR/COUNCIL REPORT
Mayor Jabbour stated he has received a number of calls from residents complaining about
residences that are being built next to them that have not required any variances. Jabbour stated
he has been referring these calls to City Staff for their review.
Gappa stated there have been a number of modifications on some of these plans, with the residents
being told they need to keep within the City's ordinances.
Sansevere inquired whether the replacement of the police chief is on schedule.
Moorse stated the process is on schedule, with intervie�vs scheduled for Tuesday,November 14,
and Thursday,November 16.
Flint inquired whether the City has heard anything from the MCWD as it relates to Stubbs Bay
and Maxwell Bay.
Moorse stated he has spoken with the executive director of the MCWD who indicated they have
$10,000 in their budget to cover the diagnostic portion of the water quality study. Moorse stated the
MCWD has indicated they would like to�vork with the City of Orono on this matter.
PUBLIC SERVICE DIRECTOR'S REPORT
(#17) OLD CRYSTAL BAY ROAD (ORONO SCHOOLS) TRAFFIC SOLUTION
Jabbour moved, Sansevere seconded,to table this item to the next City Council meeting.
VOTE: Ayes 3, Nays 0.
PAGE 12
- MINUTES OF THE
� ORONO CITY COUNCIL MEETING
October 23, 2000
(#29) SPECIAL ASSESSMENT DEFERRAL APPLICATION FROM WEBBER HILLS
SANITARY SEWER PROJECT—RESOLUTION NO. 4559
Sansevere moved, Jabbour seconded,to approve and adopt RESOLUTION NO. 4559, a
Resolution approving a special assessment deferement for Ruth A. Vickerman, 800 Brown
Road South, for the Webber Hills sanitary sewer project in the amount of$19,250 for a
period of five years. VOTE: Ayes 3,Nays 0.
(Recess taken from 8:58 p.m.—9:07 p.m.)
(#16) #2630 GREGG AND STEPHANIE LARSEN, 1380 REST POINT ROAD, CONTINUED,
VARIANCES—RESOLUTION NO. 4552
City Attorney Tom Barrett stated the Applicants would like to �vithdraw the portion of their
application dealing with the hardcover variance for the patio area, ���th City Staff submitting a
letter for their signature to that effect. Barrett stated the revised resolution before the City
Council only deals with the retaining wali portion of their application.
Mr. And Mrs. Larsen indicated they are in agreement with the withdrawal of the portion of their
application dealing with the patio area.
City Attorney Barrett stated they will need the letter prior to the next City Council meeting.
Flint moved, Sansevere seconded,to approve and adopt RESOLUTION NO. 4552, a
Resolution approving a variance for land alterations within 75' of the shoreline, a
harcover variance within 75' of the shoreline, and a conditional use permit for land
alteration to replace existing retaining walls. VOTE: Ayes 3,Nays 0.
CITY ATTORNEY'S REPORT
City Attorney Tom Barrett had nothing to report.
*(#30) LICENSES
None
*(#31) BILLS
Flint moved,Jabbour seconded, to approve payment of the All Funds Account.
VOTE: Ayes 3, Nays 0.
PAGE 15
MINUTES OF THE �
ORONO CITY COUNCIL MEETING �
October 23, 2000
ADJOURNMENT
Flint moved,Jabbour seconded,to adjourn the meeting at 8:45 p.m.
VOTE: Ayes 3,Nays 0.
There being no further business to discuss,the meeting was adjourned at 8:45 p.m.
A�ST• � , /
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Lm S. `Jee, City Clerk Gabriel abbour, Mayor
PAGE 16
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$EggO 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
RE: ZONING APPLICATION #2630
We hereby agree to withdraw our request for variances to Municipal Code Section 10.56,
Subdivision 16 (L) (2) and Section 10.22, Subdivision 2 to permit construction of a patio on the
lakeside of the residence and agree to the terms and conditions of the resolution approved by the
Orono City Council on October 23, 2000.
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Pro y Owner Date
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Prop`rty Owner Date
Gregg Larsen
Stephanie Larsen
1380 Rest Point Road
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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A RESOI�UTION GRANTING
VARIANCES TO SECTION 10.22, SUBDIVISION 2,
SECTION 10.5�, SUBDIVISION 8, SECTION 10.56, SUBDIVISION 16 (C) (5),
SECTION 10.56, SUBDIVISION 16 (,� AND (L),
GRANTING A CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBDIVISION 21,
- - . AND SECTIUN 10.22, SUBDIVISION 2
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�,,,„ �. , , FILE NO. 2630
WHEREAS,Gregg J.Larsen and Stephanie B.Larsen,(hereinafter"the applicants")
are the owners of the property located at 1380 Rest Point Road within the City of Orono (hereinafter
"the City") and legally described as follo�vs:
Lot 6 and the Westerly 40 feet of Lot 7, Subdivision of Lot 14,Rest Point Park, Lake
Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City to permit the construction of
retaininb��alls by the lakeshore requiring variances to Municipal Code Sections 10.22, Subdivision
2, 10.�5, Subdivision 8 and 10.56, Subdivision 16 (J) and (L) to allo��v hardcover in the 0-75'
lakeshore setback zone;and a variance to Section 10.56,Subdivision 16(C)(5)to allow replacement
of retainin� �valls �vhich are prohibited in the shore setback zone; a conditional use permit for
lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section 10.22,
Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow hardcover in the 75-250' zone in
excess of the 25%that is normally allo�ved; and
VVHEREAS, after due published notice and mailed notice in accordance v�ith
�linnesota Statutes and the City of Orono Zoning and Planr.ing Codes, t�le Orono Plar,ninb
Commission held a public hearing on October 16, 2000, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS,the applicants requested to amend the application on October 23,2000
to �vithdraw the request for��ariances to Municipal Code Section 10.22, Subdivision 2 and Section
10.56, Subdivision 16 (L)(2) to allow hardcover in the 75-250' zone in excess of the 25°'o that is
allo�ved in the 7�-250' setback to permit construction of a 387 s.f. patio on the lakeside of the
residence.
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Page 1 of 6
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2630.
2. This property is located in the LR-1B Zoning District, where 1 acre or 43,560 s.f. is
the minimum lot area. The property consists of approximately .33 acres or 14,500
s.f.
3. The Orono Planning Commission reviewed this application on October 16,2000 and
recommended approval with specified conditions by a vote of 5 to 0.
4. The Planning Commission made the following findings of fact and recommendations
in regards to the retaining wall replacement on the property:
A. The property currently contains an existing deteriorating retaining w�all
system at the lakeshore. Replacement of the retaining wall system is
necessary to prevent erosion of the lakeshore yard.
B. The existing retaining walls are located within 60'of the shoreline but do not
ext�nd the full width of the property.
C. The existing retainina wall system hardcover is approximately 8.5%. The
proposed retaining wall will comprise approximately 8.0%hardcover in the
0-75'zone. The retaining wall system accounts for about 2/3 of the hardcover
;r� the 0-75' zone.
D. The applicants have aareed to provide a suitable planting and vegetation plan
which will provide adequate screening to the new retaining wall.
E. Hardcover in the 0-75 zone should not exceed 882 s.f. and no additional
hardcover shall be allo�ved in this zone.
Page 2 of 6
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5. The applicants have withdrawn the request for variances to permit construction of a
lakeside patio from the application. The total hardcover existing within the 75-250'
setback is 4,084 s.£ The total hardcover does not reflect 1,727 s.f. plastic and fabric
underlay on the property.
6. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zonin� district; that grantina
the variances would not adversely affect traffic conditions, light, air, nor pose a fire
hazard or other danger to neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary to preserve a substantial property right of the applicants;
and �vould be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
7. The City Council finds that granting a conditional use permit to allow construction
of a retaining wall system will not to be detrimental to the health, safety or generaJ
welfare of the public, would not adversely affect light, air nor pose a fire hazard or
other danger to neighboring properties, nor will it depreciate surrounding property
��alues and that the proposed level of use of the property will be in keeping with the
intent and objectives of the Zoning Code and Comprehensive Plan of the City.
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variances on the health, safety and
welfare of the community.
�;UI�'CT�USI(�i�1S, (3�,DER, ANll COi�I)1"Ti"rONS
Based upon one or more of the above findings,the Orono City Council hereby grants
variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.�6,
Subdivision 16(J)and(L)to allow hardcover in the 0-75'lakeshore setback zone of 882 s.f. (11.7%)
�vhere no hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C)(�)to
allow retaining walls in the shore setback zone where they are normally prohibited;and a conditional
use permit for lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section
10.2?, Subdivision 2. Approval is subject to the following conditions:
Page 3 of 6
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1. - Shrubs or some other form of natural vegetation, not less than two feet in height,
shall be planted and maintained permanently between the retaining wall and the
shoreline. A landscaping plan shall be submitted by the property owner and
approved by City Staff prior to such plantings.
2. Council approval is based on the site plan attached to this resolution as E�chibit A
which depicts approved locations for retaining wall replacement withzn the (1-75'
lakeshore setback any amendments to the site plan may require further Planning
Commission and City Council review.
3. The property owner shall obtain the appropriate building and land alteration permits
for the retaining wall prior to construction.
4. Applicants are advised that the City will not look favorably on future additions to
hardcover in the 0-75' and 75-250' zones.
5. Authorities granted by these variances and conditional use permit run with the
property not with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of Council approval, or
these variances will expire on that date (October 23, 2001).
6. Violation of or non-compliance with any of the terms and conditions of these
variances and conditional use permit shall constitute a violation of the zoning code,
shall automatically terminate any authority granted herein, and shall be punishable
as a misdemeanor.
7. The und�rsigned appiicants nave read, understood an�hereny agree to tne term.s oi
this resolution and on behalf of themselves,their heirs,successors and assigns,hereby
agree to the recording of this resolution in the Chain of Title of the property.
Page 4 of 6
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
��e,23rd�d'ay,v��0ctober, 2000.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of October,
2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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Notary Pu'blic
MARY ANN JOHNSON
HOTARY PU�IC-MlNNESOTA
blr Gortlmielbn Exphes Jen.31.T005
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this .;;�J � �`i day of <= ��'��^� , 2000, before me a Notary Public within f
and for said County, personally appeared =i't '��; 1 __ . �� ` ;� �� �,�-� �����-t ����� �� � ����� "��%',; �%'�"�'��� `•`�
known to me t� be the person�sl �e��r�,::.d in an-u' w?-�o executPd tr�e foregoin� instrurr�ent, a�d
acknowledged that he (they) executed the same as his (tlieir) free act and deed.
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NCfARY PI�LIC-I�INE90TA � ,�, '
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) ss.
COUNTY OF HENNEPIN )
On this day of , 2000, before me a I�Totary
Public within and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoin�
instrument, and ackno��vledged that he (they) executed the same as his (their) free act and deed. �
�G��iiy t'�lili;iC
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APPLETON,WISCONSIN PIPER JAFFRAY TOWER
BELLEVILLE,ILLINOIS SUITE 3100 MILWAUKEE,WISCONSIN
BROOKFIELD,WISCONSIN 222 SOUTH NINTH STREET MUNSTER,INDIANA
CHAMPAIGN,ILLINOIS MWNEAPOLIS,MWNESOTA 55402 PEORIA,ILLINOIS
CHiCAGO,1LLIN015 PHOENIX,ARIZONA
CKYSTAL LAKE,ILLINOIS 612.3??.3434 ROCKFORD,ILI.INOIS
1T.LAUDERDALE,FLORIDA ST.LOUIS,MISSOURI
JACKSONVILLE,FLORIDA SqN FRANCISCO,CALIPORNIA
JOLIET,ILLINOIS SpRINGFIELD,ILLINOIS
LISLE,ILLINOIS TELEF.�K�.612.334.RRXR TAMPA,FLURIUA
MIAMI,FLORIDA WAUKEGAN,ILLINOIS
January 3, 2001
WRITER'S DIRECT DIAL NO. I'ILE NO.
612-334-2516 752031
Ms. Rachel Dodge
Deputy Clerk
City of Orono
P.O. Box 66
Orono, MN 55323 - 0066
Re: Resolutions
Dear Ms. Dodge:
Enclosed are the original resolutions, returned to us after recording in the office of the
Hennepin County Recorder:
Resolution No. 4471, File No. 2582 - Francis Edward Koubsky& Susan Ann Koubsky
Resolution No. 4476, File No. 2569 - William Waldron & Craigbank Associates
Resolution No. 4505, File No. 2600 - Brian J. Kerber
Resolution No. 4531, File No. 2608 - Phillip A. Skoog & Karen S. Skoog
Resolution No. 4532, File No. 2609 - Alan I. Opheim & Maxine V. Opheim
Resolution No. 4536, File No. 2619 - Paul Aasen & Denise Aasen
Resolution No. 4548, File No. 2620 - Paul J. Pascuzzi
Resolution No. 4552, File No. 2630 - Gregg J. Larsen & Stephanie B. Larsen
Recording confirmation copies of Resolutions 4437 and 4544, which are Torrens
property, filed for record in the office of the Hennepin County Registrar of Titles, were returned
to you on December 11, 2000. We will not get the ori�inals of these documents, which are
retained in the office of the Hennepin County Registrar of Titles. This group of resolutions was
sent to me by you via correspondence of November 15, 2000. Please call with any questions.
Very trul ,� �/
. G%
olfe A. orden
cc: Thomas J. Barrett, Esn. (w/o enc.)
HC26DS4/4715/26539575.vI 1/3l2001 A PAR'INERSH[P INCLUUING PROFESSIONAL CORPORATIONS