HomeMy WebLinkAboutRE: 'ice house'/accessory structure/hardcover issues HINSHAW & CULBERTSON
ATTORNEYS AT LAW
BELLEVILLE,Q,LMOIS Campbell Mithun Tower LOS ANGELES,CALIFORNIA
CHAMPAIGN,ILLINOIS 222 South Ninth Street SAN FRANCISCO,CALIFORNIA
CHICAGO,ILLMOIS Suite 3100 FT.LAUDERDALE.FLORIDA
CRYSTAL LAKE,ILLMOIS Minneapolis,MN 55402 1ACKSONVILLE,FLORIDA
�ouer,a��o�s 612-333-3434 MIAMI,FLORIDA
ItSLE,Q,LINOIS TAMPA,t1.ORlDA
PEORIA,ILLINOIS Facsimile 612-334-8888 SCHERERV[LLE,MDIANA
ROCKFORD,ILLMOIS www.hinshawculbertson.com MINNEAPOLIS,MINNESOTA
SPRINGFIELD,(LLMOIS ST.LOUfS,MISSOURI
WAUKEGAN,ILLINOIS NEW YORK.NEW YORK
PHOENIX,ARIZONA APPLETON,WISCONSM
MILWAVKEE.WISCONStN
April 4, 2003
Gary and Susan Cable
3532 Ivy Place
Wayzata, Minnesota 55391
Dear Mr. and Mrs. Cable :
I am the City Attorney of Orono and I write with respect to your property at 3532 Ivy
Place.
A building permit was issued for the property based upon an agreement between you and
the City to abide by the decision of the City Council with respect to a variance application to
allow the shed to remain. The City denied the application and directed that no Certificate of
Occupancy should be granted until the shed was removed. This denial and the obligation to
remove the shed have been filed against the property. A Temporary Certificate of Occupancy for
the property was issued on April 4, 2001, subject, in part, to your agreement to remove the shed
,_ on the lake front of your property.
Additionally, I am advised that you have constructed and paved a driveway to a third
garage stall on the property which causes the property to exceed the 25% hardcover allowed by
ordinance.
On February 12, 2003, City Inspector Lyle Oman wrote to ask you to remove the shed
and the excess pavement by March 10, 2003. To date, no action has been taken and the City has
not received any communication from you with respect to these obligations.
May I please hear from you with respect to your plans for these requirements in the next
fifteen days? If I do not hear from you I will advise the City that it may proceed with appropriate
legal action in order to bring the property into conformance. Additionally, I have advised the
City that it may not issue a Certificate of Occupancy until these matters are addressed.
Very truly yours,
_._ ; V�
Thomas .
cc: Michael Gaffron,
City of Orono
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To: Tom Barrett
Shawn Simpson
CC: Ron Moorse
Mayor& Council �
From: Mike Gaffron
Date: August 5, 2003
Subject: Cable Property, 3532 Ivy Place-Violations Resolved
Lyle Oman and I met on the property today for a final inspection and found the following:
1. The"ice house"has been removed, including its foundation, and the area has been
sodded and returned to a non-hardcover status.
2. The driveway has been reduced in size by 800 s.f.;which was the square footage of
removals needed to allow the front sidewalk and retaining waIls to remain without a
hardcover variance. The remaining driveway averages about 9'in width, widening out
near the garage to the double door width. The area where driveway was removed has been
sodded.
3. The cyclone fence in the 0-75' zone has been removed.
Based on the above, the 25%hardcover requirement has been met and the offending accessory
structure has been removed. I have authorized the issuance of a final Certificate of Occupancy
for the property.
Please withdraw the City's legal action against the Cables. If you have any questions,please feel
free to contact me at 952-249-4622.
Confirmation Report — Memory Send
Time : Aug-05-2003 04:44pm
Tel line : +9522494616
Na�e : CITY OF ORONO
Job number . 315
Date . Aug-05 04:43pm
To . 6123348888
Document pages . 002
Start time . Au�-05 04:43pm
End time . Aug-05 04:44pm
Pages sent . 002
Status . OK
Job number : 315 *** SEND SUCCESSFUL ***
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REQUEST FOR COUNCIL ACTION
Date: May 23, 2003
Item No.: �p
Department Approval: Administrator Approval: Agenda Section:
Zoning
Name: Michael P. Gaffron �
Title: Planning Director
Item Description: #2636 Gary& Susan Cable, 3532 Ivy Place - Authorize Lis Pendens
List of Exhibits
A-Memo to City Attorney 3-31-03
B - City Attorney Letter to Applicants 4-4-03
C - Letter to Applicants 5-23-03
D -Resolution No. 4671
E- Current Hardcover Review
Background
Please review the attached memo to the City Attorney. Briefly,the Cables have failed to remove the
`ice house' structure per the conditions of Resolution No. 4671 (adopted July 23, 2001) which
denied a hardcover variance for the property. Further, they have since that resolution paved the
driveway much wider than was approved with their Nov. 2000 building permit,creating hardcover
far in excess of the 25% limit in the 75-250' zone.
The Cables have been occupying the residence under a Temporary Certificate of Occupancy since
April 4, 2001. Resolution 4671 required removal of the `ice house' by August 17, 2001, and
required its removal prior to issuance of a final Certificate of Occupancy. No final C.O. has been
issued.
An inspection on May 22, 2003 by Bruce Vang and myself found that the site also contains
sidewalks and retaining walls not authorized with the original building permits.Total hardcover as
it exists today is approximately 800 s.f. over the 25% limit.
The property was put up for sale this week. I have briefly discussed the issue today by phone with
Gaxy Cable and advised him of Tuesday's meeting.I am meeting with Gary this afternoon(Friday).
I have also briefly discussed the issues with the realtor, Bob Ritter, advising him of the need for
disclosure of the outstanding violations.
COUNCIL ACTION REQUESTED
Motion to authorize the City to commence legal action to gain compliance, starting with filing of a
lis pendens to notify all parties of pending legal action on the property.
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5-23-l�3
To: Tom Barrett, City Attorney
From: Mike Gaffron, Planning Director
Date: March 31, 2003
Subject: Gary& Susan Cable residence, 3532 Ivy Place -
Failure to remove hardcover/structure violations
The Cables acquired this property on August 31, 2000. They immediately applied for and were
issued a permit for demolition of principal and accessory structures on September 7, 2000.
On September 14, 2000 the Cables' contractor, Curt Christensen applied for a permit to construct
a new residence on the site. The plan was found by the City to propose hardcover far in excess of
that allowed by City code. The plans were subsequently revised by the applicants a number of times
until they had reduced hardcover to a conforming 25%(75-250'zone)level,by reducing the size of
the house and the driveway as well as walkways, etc. During this `paring'process they concluded
they would request variances to allow them to keep the `icehouse' accessory building in the 0-75'
zone, which had become nonconforming due to removal of the principal structure (acc. struc. not
allowed without principal structure) and would normally be required to be removed upon
redevelopment of the site.
The Cables were issued a building permit on November 16,2000 subj ect to their written agreement
to abide by the results of the variance application in terms of the icehouse removal. Building Official
Lyle Oman has also indicated that in order to meet the 25%hardcover limit the proposed pavement
to serve the third garage stall would have to be omitted. This last requirement was noted by Lyle
Oman on the site plan approved with the building permit on 11/13/00, and was documented during
the variance application review. Oman has indicated to me that in order to obtain the building
permit, the Cables' contractor agreed to this condition on their behalf, indicating "that stall is just
for storage anyhow".
Construction of the new home proceeded through the winter and a Temporary Certificate of
Occupancy(TCO)was issued Apri14, 2001 subject to:
1. Provide final grade.
2. The shed(icehouse)must be removed or get approval within 90 days from the City.
3. Silt fence must remain in place until landscaping is installed.
The TCO did not reference removal of pavement in front of the third garage stall, since driveway
construction had not yet occurred, and the variance approval outcome was pending.
During home construction the variance application proceeded through the normal but protracted
process due to tablings, etc. and the concerns of Councilmember White as to whether there was a
basis to allow the icehouse to remain as a historical building.No such information was forthcoming,
and ultimately the Council denied the variances and adopted Resolution No.4671 on July 23,2001.
That denial resolution was filed at the County Recorder's Office on September 24, 2001 as
Document No. 7546839.
3532 Ivy
March 31, 2003
Page 2
The Resolution required that the icehouse be removed from the property before issuance of a
Certificate of Occupancy and no later than August 17, 2001.
Sometime during 2001-2002,the driveway was paved and incorporated pavement to serve the third
garage stall, and the driveway was noted informally by staff to appear to exceed the allowed area.
However, in deference to Councilmember White's ongoing concerns about finding some way to
allow the icehouse building to remain,staff did not pursue resolving the pavement&icehouse issues
during most of 2002.
In December 2002 staff concluded that the matter needed to come to a head before it was lost in the
shuffle. Lyle Oman sent a letter to the Cables on or about February 12,2003 setting a deadline date
of March 10,2003 for removal of the icehouse and the excess pavement. That deadline has come
and gone with no action nor contact from the Cables.
The City has not issued a permanent Certificate of Occupancy for this property.
We have recently heard through a neighboring property owner that the Cable property may be going
up for sale. This has added a sense of urgency to the matter since you have in the past advised us
that a subsequent owner may not be bound by prior agreements that are not in the form of a contract.
We need to proceed on this as soon as possible. Please advise as to our next steps-letter from us?-
letter from you? Lis Pendens?
Copies of the variance denial resolution, the TCO, and the recent letter requesting removals, are
attached. �LS� �G. � �. �'Lt /!V K T'�"�
�'l�!►��I - 2�q��� _ 7�z 31/0�
(As an aside, after some research, staff has concluded that the `icehouse', if it was used for storing
ice,was clearly not designed for commercial use but would have been perhaps just for family use,
as it does not have the insulated double-wall construction that would have been typical of a
commercial ice house.)
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HINSHAW & CULBERTSON - - �
� �_23-03
ATTORNEYS AT LAW .' ,-
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en.�ewa.�,aLnaois Campbell Mithun Tower LOS ANG0.ES.CALffORN1A `�. `-•
CHM�AIGN,auxo►s 222 South Ninth Street sAN FnnNc�sco,CALIFORNIA �`'
CHICAGO,ILLINOIS Suite 3100 FT.LAUDERDALE,FLOR[DA
CRYSTAL LAKE,(LLiNO1S Minneapolis,MN 55402 IACKSONVII.LE,FLORIDA
JOLlET,n.Lnvas 612-333-3434 MIAMI,FLORIDA
LISLE,II.LINOIS TAA�A,FLORlDA
eEo�un,n.L�ois Facsimile 612-334-8888 scr�avn,i.e.�xnuw,+
ROCKFORD,ILLINOIS �����v.hinshawculbertson.com MINNEMOLIS,MINNESOTA
SPRINGFIELD,[LLINOIS ST.LOUtS,MISSOURI
WAUKEGAN,ILLiNO1S NEW YORK.NEW YORK
PHOEMJ(ARIZONA APPLETON,WISCONS[N
MILWAUKEE,WISCONSIN
Apri14, 2003
Gary and Susan Cable
3532 Ivy Place
Wayzata, Minnesota 55391
Dear Mr. and Mrs. Cable :
I am the City Attorney of Orono and I write with respect to your property at 3532 Ivy
Place.
A building permit was issued for the property based upon an agreement between you and
the City to abide by the decision of the City Council with respect to a variance application to
allow the shed to remain. The City denied the application and directed that no Certificate of
Occupancy should be granted until the shed was removed. This denial and the obligation to
remove the shed have been filed against the property. A Temporary Certificate of Occupancy for
the property was issued on Apri14, 2001, subject, in part, to your agreement to remove the shed
on the lake front of your proper�y: - - --- - - - ---- - -
Additionally, I am advised that you have constructed and paved a driveway to a third
garage stall on the property which causes the property to exceed the 25% hardcover allowed by
ordinance. .
On February 12, 2003, City Inspector Lyle Oman wrote to ask you to remove the shed
and the excess pavement by March 10, 2003. To date, no action has been taken and the City has
not received any communication from you with respect to these obligations.
May I please hear from you with respect to your plans for these requirements in the next
fifteen days? If I do not hear from you I will advise the City that it may proceed with appropriate
legal action in order to bring the property into conformance. Additionally, I have advised the
City that it may not issue a Certificate of Occupancy until these matters are addressed.
Very truly yours, `
` ; V�
Thomas .
cc: Michael Gaffron,
City of Orono
12t071434v1 026 A PARTNERSHIP INCLUDMG PROFESS[ONAL CORPORATIONS
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5-23-a3
To: Tom Barrett, City Attorney
From: Mike Gaffron,Planning Director
Date: March 31, 2003
Subject: Gary& Susan Cable residence, 3532 Ivy Place-
Failure to remove hardcover/structure violations
The Cables acquired this property on August 31, 2000. They immediately applied for and were
issued a permit for demolition of principal and accessory structures on September 7,2000.
On September 14, 2000 the Cables' contractor, Curt Christensen applied for a pernut to construct
a new residence on the site. The plan was found by the City to propose hardcover far in excess of
that allowed by City code. The plans were subsequently revised by the applicants a number of times
until they had reduced hardcover to a conforming 25%(75-250'zone)level,by reducing the size of
the house and the driveway as well as walkways,etc. During this `paring'process they concluded
they would request variances to allow them to keep the `icehouse' accessory building in the 0-75'
zone, which had become nonconforming due to removal of the principal shucture (acc. struc. not
allowed without principal structure) and would normally be required to be removed upon
redevelopment of the site.
The Cables were issued a building permit on November 16,2000 subject to their written agreement
to abide by the results of the variance application in terms of the icehouse removal. Building Official
Lyle Oman has also indicated that in order to meet the 25%hardcover limit the proposed pavement
to serve the third garage stall would have to be omitted. This last requirement was noted by Lyle
Oman on the site plan approved with the building permit on 11/13/00,and was documented during
the variance application review. Oman has indicated to me that in order to obtain the building
permit, the Cables' contractor agreed to this condition on their behalf, indicating"that stall is just
for storage anyhow".
Construction of the new home proceeded through the winter and a Temporary Certificate of
Occupancy(TCO)was issued Apri14, 2001 subject to:
1. Provide final grade.
2. The shed(icehouse)must be removed or get approval within 90 days from the City.
3. Silt fence must remain in place until landscaping is installed.
The TCO did not reference removal of pavement in front of the third garage stall, since driveway
construction had not yet occurred, and the variance approval outcome was pending.
During home construction the variance application proceeded through the normal but protracted
process due to tablings, etc. and the concerns of Councilmember White as to whether there was a
basis to allow the icehouse to remain as a historical building.No such information was forthcoming,
and ultimately the Council denied the variances and adopted Resolution No.4671 on July 23,2001.
That denial resolution was filed at the County Recorder's Office on September 24, 2001 as
Document No. 7546839.
3532 Ivy
March 31,2003
Page 2
The Resolution required that the icehouse be removed from the property before issuance of a
Certificate of Occupancy and no later than August 17, 2001.
Sometime during 2001-2002,the driveway was paved and incorporated pavement to serve the third
garage stall, and the driveway was noted informally by staff to appear to exceed the allowed azea.
However, in deference to Councilmember White's ongoing concerns about finding some way to
allow the icehouse building to remain,staff did not pursue resolving the pavement&icehouse issues
during most of 2002.
In December 2002 staff concluded that the matter needed to come to a head before it was lost in the
shuffle. Lyle Oman sent a letter to the Cables on or about February 12,2003 setting a deadline date
of March 10,2003 for removal of the icehouse and the excess pavement. That deadline has come
and gone with no action nor contact from the Cables.
The City has not issued a permanent Certificate of Occupancy for this property.
We have recently heard through a neighboring property owner that the Cable property may be going
up for sale. This has added a sense of urgency to the matter since you have in the past advised us
that a subsequent owner may not be bound by prior agreements that are not in the form of a contract.
We need to proceed on this as soon as possible. Please advise as to our next steps-letter from us?-
letter from you? Lis Pendens?
Copies of the variance denial resolution, the TCO, and the recent letter requesting removals, are
attached.
/�-LSo �'G. �- �. �.t i!v�?�-�,
�r,���� — ��q�o, — �/z �/p�
(As an aside, after some research, staff has concluded that the `icehouse', if it was used for storing
ice, was clearly not designed for commercial use but would have been perhaps just for family use,
as it does not have the insulated double-wall construction that would have been typical of a
commercial ice house.)
1�IV�I'V1cA1(Y C,'�IC 11�1(,'A 1 L' UL� UC,'(.'U�'ALV(.'Y
City of Orono
Building and Zoning Department
DATE APPROi�ED: 04/19/01
SITEADDRESS 3532 Ivy Place PID• 2011723420033
OWNER Gary 8� Sue Cable BUILDER Lee-LYn
MAILINGADDRESS 3532 Ivy Place BUILDINGPERMIT.•
NO. P02974 DATE ISSUED 04/19/01
THE FOLLOWING ARE NOTED AS INCOMPLETE OR MISSING.THESE MUST BE CORRECTED OR
COMPLETED AND REINSPECTED WITHIN 90 DAYS OR THIS CERTIFICATE WILL BE VOID.
Failure to correct these deficiencies will cause occupancy violation citiations to be issued.
1. Provide final grade
2. The shed must be removed or get approval within 90 days from City.
Silt fence must remain in place until landscaping is installed.
I hereby agree to ma the above co ections and to call for reinspection within the time allowed:
c �_ K u ��� ,
Owner/Contractor Date � 1� �I
START BILLING FOR: City Sewer
City Water
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� Building Official
Thursday,Apri[19,2001 White:Owner/Builder Green:Bifling Clerk Ye!low:File
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Orono, MN 55356 Crystal Bay, MN 55323-0066
Gary and Sue Cable
3532 Ivy Place �S�'�N�" �`• � Z„� �t,�3�
Orono Mn. 55391
Re; Certificate of Occupancy
Deaz Mr. And Mrs. Cable
.- The city is in the process of cleaning up old files and found that a certificate of occupancy
was never issued for your residence. On 4-19-01 a temporary certificate of occupancy was issued
with some items to be completed. The items were as follows.
1)Provide final grading
2)Remove accessory structure or receive city council approval to allow it to remain.
3) Maintain silt fence until landscaping is installed
On 7-23-01 the city council denied your request for a variance to keep the structure and
additional hard cover that was not approved with the original site plan. Therefore the city must
require you to remove the structure from the property, remove the driveway to the third stall of
the garage and to reduce hardcover to 0% in the 0 to 75 foot zone and to 25% in the 75 to 250 foot
zone.
A deadline of 3-10 -03 has been established for removals. If this deadline is not met,the
city may initiate legal action. If you have any questions, please feel free to contact me at my
office. '
�ncere y
L le Oman
Y
Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www ci.orono.mn.us
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1VIINUTES OF THE ORONO PLANNING COMMISSION
Monday,May 21,2001
R T^�
E
The Orono Planni mission met on the above date with the fo ' members present:
Acting Chair Sandra Smith, o Janice Ber m Stoddard, and Daniel Kluth.
Commissioners Jeanne Mabusth, Elizabeth Ha ale Lindquist were absent. The following
represented City Staff: Planning Dire ichael Ga oning Administrator Paul Weinberger,
Zoning Administrator Wend nberg,and Recorder Jackie n . City Council Representative
Jay Nygard was pre .
Actin air Smith called the meeting to order at 6:36 p.m.
/ OLD BUSINESS
� (#1) #2636 GARY AND SUSAN CABLE,3532 I�'Y PLACE,VARIANCES,
6:37 p.m.—7:04 p.m.
Gary and Susan Cable,Applicants, were present.
Weinberger stated this application was reviewed and tabled at the November 20,2000 Planning
Commission meeting. The Applicants are requesting a variance to the requirement that an accessory
buildin�can remain on the property without a principal building. The accessory building in this case
is an ice house located near the lakeshore. A variance is also required to allow hardcover in excess of
the 25 percent limit in the 75-250' setback.
Weinberger stated the principal building was removed to allow construction of a new house. The
property owners were issued a building permit with the understanding they would agree to uphold the
decision by the City regarding the future use of the ice house. A Temporary Certificate of Occupancy
was approved on April 19,2001. A condition of approval was the ice house must be removed or get
City approval, by variance,to allow the ice house to remain on the property within 90 days of the
Temporary Certificate of Occupancy or a fina(Certificate of Occupancy could not be issued and the
house not occupied.
Weinberger stated the permitted hardcover in the 75-250' setback is 25 percent of the area,with the
hardcover in the 0-75' setback being deducted from what is allowed in the 75-250' setback. The
Applicants have prbposed a driveway apron that would only provide access to two garage doors and
would not provide access for the third stall. That anangement eliminated the need for a variance that
they had requested in the past. The City then issued the building permit to the Applicants because
they were under the 25 percent hardcover limit. Weinberger stated when the 96 square feet of
structural coverage for the ice house is included in the hardcover calculations,they are in excess of the
25 percent alto�ved by 50 square feet.
The Plannin�Commission at its November, 2000 meeting had requested that if the Applicants choose
to keep the ice house on the property,they would need to appear before the Planning Commission,
with the advice that the City does not approve replacement of foundations for structures located within
the 0-75' setback. The App(icants were also advised that if they wished to increase the amount of
hardcover on the property,they would need to remove the ice house. The decision on how to use the
25 percent hardcover was left.up to the discretion of the Applicants following the November meetina.
PAGE 1
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,May 21,2001
(#2636 GARY AND SUSAN CABLE,CONTINiTED)
Weinberger stated the issues for discussion by the Planning Commission this evening are related to the
variances which would allow the ice house to remain on the property and the lack of a driveway to the
third garage stall and the lack of a sidewalk to the front door of the house. Weinberger stated if those
items were to be added in the future,they would cause the existing hardcover to be in excess of the
25 percent allowed. Weinberger requested the Planning Commission give some direction on where
additional future hardcover might be allowed on this property to accommodate an expanded drive�vay
and/or a sidewalk to the front door.
Cable indicated they have removed a fireplace in order to reduce the hardcover somewhat.
Weinberger noted the removal of the fireplace would amount to approximately 10 to 12 square feet of
hardcover.
Smith inquired what the Applicants' plans are relating to the ice house,the lack of a sidewalk,and the
lack of a paved access to third garage stall. Smith stated she would like to know how it is the
Applicants chose to use this particular design for their house and garage.
Cable indicated they have changed their plan three times during this process. Cable stated if they had
located the house closer to the road, it would have required the removal of some trees, which they
elected not to do. .
Smith inquired what the Applicants intended to use the third stall of the garage for.
Cable stated he would like to use it for storage.
Smith inquired whether the Applicants would be driving over the grassy area in order to gain access to
that third stall.
Cable commented fhey probably would someday.
Smith indicated once the Applicants drive on the grassy area,the soil then begins to act as hardcover
in that it does not allow for permeation and in essence becomes hardcover much like a paved surface.
Smith inquired about the lack of a sidewalk to the front door of the residence and the Applicants plans
in the future regarding that access route.
Cable stated it is their intention to leave it as it presently is.
Mrs. Cable commented that nine times out of ten visitors to their residence would enter through the
garage.
Smith stated it is not the function of the Planning Commission to design the Applicants' home,but in
her view the lack of a sidewalk to the front of the house and the lack of a paved driveway in front of
the third stall of the garage are issues that need to be considered and�vould eventually result in those
areas becoming hardcover. Smith encouraged the Applicants to consider the addition of a sidewalk to
the front of the house. Smith stated in her opinion this is a situation where additional hardcover is
likely to be added in the future,which would make the property in excess of the allowable hardcover.
PAGE2
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,May 21,2001
(#2636 GARY AND SUSAN CABLE,CONTINUED)
Smith inquired whether the Applicants would be willin?to consider the addition of those two items.
Cable indicated the construction of the house is completed. Cable stated they reduced the hardcover
down to what they were allowed at the time they built the house.
Berg indicated the need for a sidewalk and paved access to the third stall was discussed at the
November Planning Commission meeting. Berg stated in her view a sidewalk and paved access will
eventually be added on this property,which will brina the total hardcover on the property over the
allowable 25 percent.
Kluth inquired�vhether the City's Ordinances require a front sidewalk and paved access to all garaae
stalls.
Weinberger stated there presently are not Code requirements pertaining to that.
K(uth noted the City did issue a building permit up to the maximum hardcover amount without
allowin'for a sidewalk and additional driveway to the third stall.
Weinberger stated that issue had been discussed at the time the Applicants applied for the building
permit, but since this site plan did meet all the requirements of the City,the building permit was
issued.
Gaffron stated in quite a number of instances Applicants will approach the City with site plans that are
in escess of the allowable hardcover, with Staff workin�with the Applicants in order to reduce the
amount of hardcover and structural coverage being proposed on the property. Gaffron stated Staff did
question the lack of a sidewa(k and lack of access to the third stall of the garage at the time they
applied for the building permit. Gaffron stated the Applicants would be able to place a wood chip
sidewalk to the house if they so choose.
Stoddard stated it is his understanding of the November Planning Commission meeting that they were
debating whether the ice house should remain. Stoddard stated since this application did not reappear
before the Planning Commission,he had assumed the Applicants had taken steps to address the issue
of the sidewalk and access to the garage.
Cable stated at the time they appeared before the Planning Commission,the building permit had
already been issued.
Stoddard stated the function of the Planning Commission is to help insure that the site plans are in
compliance with the City's ordinances. Stoddard stated in his view the side�vaik and access to the
third stall will be added in the future. Stoddard inquired whether the Applicants would be able to
reduce hardcover somehow and provide for a side«•alk to the front door.
Weinberger stated currently the hardcover in the 7�-2�0' setback is under the allowable 25 percent
limit by 46 square feet�vithout the ice house. Weinber�er stated the Applicants could provide a paver
stone system for a front sidewalk rather than a full side���alk.
PAGE 3
MINUTES OF TI3E ORONO PLANNING COMMISSION
Monday,May 21,2001
(#2636 GARY AND SUSAN CABLE,CONTINUED)
Stoddard noted the Applicants are entitled to another 12 square feet because of the removal of the
fireplace,which would bring it to 58 square feet. Stoddard commented that is one option the
Applicants could consider.
There were no public comments.
Stoddard stated he would be�villing to allow the ice house and have the Applicants provide some type
of sidewalk to the front door. Stoddard stated he would be against any type of vehicular access to the
third garage stall.
Smith stated that means no mulch, no paver stones,no fabric would be allowed relating to the third
garage stall. Smith reiterated that once that area is driven over,the soil then starts to act as hardcover.
Mrs. Cable indicated they are plannin?to store a Corvette in the third garage stall,which currently is
not in operating condition.
Kluth commented in his opinion the harids of the Planning Commission are somewhat tied since the
Applicants have proceeded to construct a house to the maximum hardcover allowed and then in his
view will later come in and request variances for items that probably should have been included in the
original site plan. .
Mrs. Cable stated at the time they purchased this property and began this process,they were somewhat
ignorant of Orono's rules and regulations regarding hardcover and structural coverage. At the time
they purchased the property,the ice house was one of the attracting features of the property.
Mrs. Cable stated they did not deliberately attempt to manipulate the system and had the
understanding they would be able to keep the ice house when they purchased the property.
Kluth commented the Planning Commission tends to see other applications where they have
constructed a house ap to the maximum hardcover and structural coverage allowed and then later
request additional hardcover.
Smith stated all Applicants should provide for reasonable amenities in their site p(ans, such as
sidewalks and driveways, because chances are, in the future, those will be added.
Cable commented the house that was removed was eonsiderably in excess of the hardcover and
structural limits and in piace they have constructed a house that is in compliance with the hardcover
limits. Cable stated they did not deliberately try to manipulate the system.
Stoddard stated typically on new construction the Planning Commission has been very strict about the
25 percent hardcover limit and has not approved any that esceed that number.
Smith inquired whether any restrictions could be placed on this property limiting additional hardcover
in the future.
Gaffron stated one option would be to ask the App(icants to place a covenant on the property
restricting additional hardcover,which�vould explain to this property owner and future property
PAGE 4
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,May 21,2001
(#2636 GARY AND SUSAN CABLE,CONTINUED)
owners what can and cannot happen on this property with respect to hardcover and structural
coverage.
Smith commented she is in favor of a covenant.
Weinberger stated if the ice house is to remain,a variance would need to be granted.
Stoddard stated it was his understanding they were under the hardcover limit by 58 square feet.
Weinberger stated that is without the ice house being included. With the ice house they would be
50 square feet over,which would require a variance.
Kluth stated if the ice house remains,they would not be allowed to construct a sidewalk or driveway
to the third stall.
Stoddard inquired what steps the Applicants have taken to reduce hard cover since the November
meeting.
Cable stated they have removed the fireplace.
Smith inquired whether the sidewalk and driveway were included in the site plan at the November
meeting.
Mrs. Cable stated they were not.
Stoddard stated he had misunderstood the situation and thought the Applicants were under the 25
percent limit with the ice house.
K(uth stated this application was tabled in November to allow the Applicants time to make some
changes to their plan to enable them to keep the ice house,which have not been done and that he
would like to make a motion denying the application.
Kluth moved to o recommend denial of Application#2636,Gary and Susan Cable,3532 Ivy
Place, for a hardcover variance and variance to allow an accessory structure located in the 0-75'
setback to remain on the property.
Kluth stated the application was tabled in order to give the Applicants time to reduce the hardcover in
order to keep the ice house,which have not been done,and by constructing a residence without a
sidewalk and driveway access to the third stall of the garage was simply delaying a request for
additional hardcover into the future. Kluth stated in his opinion protective covenants have only
limited value since it only puts the next property owner on alert to what is or is not allowed on the
property,with the City having limited means of monitoring these types of properties.
Stoddard stated the Applicants also have the option to table this application in order them to reduce the '
hardcover further. Stoddard commented he had the understandina the Applicant was going to consider
reducing the garage somewhat in order to lower the hardcover.
PAGE 5
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,May 21,2001
(#2636 GARY AND SUSAN CABLE,CONTINUED)
Smith noted the Applicants are 38 square feet over with the ice house,but lack a sidewalk to the front
of the house and driveway access to the third stall of the garage. Smith inquired whether they would
like to table it or have the Planning Commission vote on the motion that has been made denying the
application.
Cable indicated he would like the Planning Commission to vote on the application.
Smith seconded the above motion.
�'OTE ON THE ABOVE MOTION: Ayes 4,Nays 0.
(#2) #01-2668 MANLE BROTHERS CONSTRUCTION, 1973 FAGERNESS T ROAD,
VARIANCES,7:05 p.m.—7:18 p.m. '
Curt Manley, Applicant,was p sent.
Weinberger stated this is a three-p application,with the Applican requesting an after-the-fact
conditional use permit and variances o permit construction of tw retaining walls within 75 feet of the
lakeshore, a variance to permit two do er window additions ithin 75 feet of the lakeshore and
within the average lakeshore setback,an a request to repl e a deck and three foot hand railing
around a detached garage.
�Veinberger stated the retaining walls were co tr ed approximately one year ago to help stabilize
the lakeside of the residence and to improve th alkout area. Weinberger stated the City is unable to
verify that there retaining walls in that area vio to the construction of the new ones. Weinberger
stated it is possible some very low level b der wa may have existed in this area which were
completely covered by vegetation and not appear i the City's photographs. A previous variance
application in 1998,�which included urvey,did not d ict retaining walis in that portion of the
property. The City also does not e any documentatio showing when the original retaining walls
were constructed.
The second part of the app ' ation is a request to allow the co truction of two dormer window
additions within 75 feet the lakeshore and within the averag akeshore setback. A variance is
required because the er windows would be an expansion o e building within a required
setback. 1"he dorm would be an expansion of the building enve pe within 75 feet of the lake and
an expansion of t building envelope within the average setback to he two adjacent residences.
The third pa of the request is to permit replacement of the deck and a ree-foot hand railing that is
located o op of the detached garage. Weinberger indicated there was a origina(deck located on the
Darage epicted in a photograph taken in 1998, along with a hand raiting. he original deck was
removed from the top of the garage so the roof could be replaced. The App 'cant is proposing to
replace the deck and railing in a similar style to what had been there pr�vious ,.
Weinberger recommended the Planning Commission consider the retaining walls separate from the
other requests.
PAGE 6
ORONO CITY COUNCIL MEETING
MONDAY,JULY 9,2001
ZONING ADMI1vISTRATOR'S REPORT
4. #2636 Gary and Susan Cable,3532 Ivy Place—Variances
Gary Cable was present. Weinberger stated that the applicant had a Temporary Certificate
of Occupancy that expires later in the month. The property was purchased with the intent
of removing the original house and building a new structure. Prior to removal of the
previous residence, the property was developed at 50%hardcover. The applicants worked
to reduce the size of their house in order to reduce hardcover to the allowed 25%. The
current variance application is to allow an old structure on the property within the 0 - 75'
line. The building is a 96 s.f. ice house. With the ice house, the total hardcover would
exceed the allowed hardcover on the property. The applicants exceed allowed hardcover
by 50 s.f. If the ice house were removed,they would be under the 25%. The Planning
Commission recommended denial of the application making the following findings and
comments:
1. New construction projects with a suitable building area have been held to the
25%hardcover limitation.
2. The Planning Commission agreed to table the application on November 20,
2000 to allow the applicants an opportunity to reduce hardcover, and the plan
reviewed on May 21, 2001 did not reduce hardcover.
3. The approved site plan does not allow any hardcover for a sidewalk to the front
entrance or indicate hardcover that could be used for access to the third stall of the
garage.
4. The Planning Commission did not make findings that supported a hazdship.
Sansevere asked if there was a hardship.
Mr. Cable stated that the ice house was an old building and unique to the area.
White stated that he is Mr. Cable's next door neighbor, and�vould like to see this kind of
unique structure remain. Also, Mr. Cable had already significantly reduced hardcover.
Sansevere stated that the Council does not usually make variances on hazdcover, and asked
if the Cables planned to install a sidewalk or more driveway.
Cable stated they could have built the house closer to the road, and given them more
hazdcover, but that would have required taking out 3large trees. The structure is not
8
ORONO CITY COUNCIL MEETING
MONDAY,JULY 9,2001
(#2636 Gary and Susan Cable, Continued)
moveable. He stated the lot is wider at the lake, which reduces his buildable azea with all
the required setbacks.
Mayor Peterson asked if the 96 s.f. had always been calculated in the plans for the house.
Weinberger stated that it was, and if the applicant had built closer to the road,he would
have needed less driveway and would have been within the hardcover requirements.
Nygard stated that the Planning Commission had made it clear to the applicant that he
would have to chose between the third garage stall and the ice house.
Rich Wysocki of 2770 Rainey Road asked if the hardship would be removing the structure
and all its concrete from within the hillside so close to the lake.
Jeanne Mabusth asked about saving the ice house for historical preservation.
Sansevere asked if it was the job of the Council to find a hardship for the applicant.
Nygazd stated that Council had helped other applicants in the same manner.
Nygard stated that because the property was under the structural hardcover allowance, and
building it closer to the road would have resulted in the destruction of large trees, he would
be in favor of allowing the ice house to stay.
Weinberger stated that the trees and topography were discussed at the planning stage and
the house's current location was deemed the only proper place to situate the house.
Barrett stated that finding hardship is a factual, not legal, finding. If the house is deemed
an appropriate size, and the Council can't chose between the trees and the ice house,then it.
is a valid hardship. The problem was with the variance being requested after-the-fact.
Sansevere asked why the trees weren't recognized as the hardship during the planning
phase. Cable stated that the process was dragged out because he had to keep revising the
plans and it was costing him money.
Flint stated that he had reviewed the minutes from the Planning Commission and they
showed Mr. Cable had been told to chose between the ice house and the third garage stall.
Therefore, he would not support the application. Mayor Peterson agreed.
9
ORONO CITY COUNCIL MEETING
MONDAY,JULY 9,2001
(#2636 Gary and Susan Cable, Continued)
Cable stated he had not had time to research the historical significance of the ice house.
Mayor Peterson stated there was nothing in their codes to allow them to table the issue for
such research.
Nygard stated that Council had granted variances before to save trees, and therefore he
would support the applicant, even though the application came after-the-fact.
Weinberger asked if Council would add a provision to the motion regazding a sidewalk to
the front door and the driveway. Moorse stated that at some point in the future the
driveway would be paved to the third stall. Nygazd stated that they had to deal with people
in good faith. Moorse stated that Council could find a hardship, but in the past had always
moved structures out of the 0 - 75' zone at every opportunity.
Nygard moved, and White seconded, to direct staff to draft a resolution of approval
of the variance request to allow the ice house to remain in the 0 - 75' zone at 3532 Ivy
Place with the provision that there will be a permeable sidewalk installed to the front
door, such as wood chip with no underlying plastic, and no paving sha116e installed
to the third garage sta1L
Vote: Ayes 2,Nays 3 (Mayor Peterson,Flint,Sansevere).
Nygard stated that he did not see the difference between this application and the one for a 3
story house, when both were based on saving trees on the property. Sansevere stated this
application was made after-the-fact, and the other one was not. Nygard stated saving trees
was a legitimate hazdship for a hazdcover variance. He added that 25% (hardcover) is
25%, and 2 '/Z (stories) is 2 %2. Both variances would have been based on the same
principal.
Sansevere moved, and Flint seconded,to direct staff to draft a resolution of denial of
the variance request to allow the ice house to remain in the 0 - 75' zone at 3532 Ivy
Place.
Vote: Ayes 3,Nays 2 vgard,White).
�
5. #01-26 6 Su e and Terry Johnson, 543 Park Lane— riances
Mr. Johnson was present. Bottenberg st t at licants requested variances to
permit remodeling and a gazage ion to an existing resi The garage addition(24'
by 24') would increase h ver in the 75 -250' setback area and st � lot coveraae
on the property.
10
1VIINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 23,2001
(Public Commen Continued)
White suggested the Lines remove the trees since it is a nice improvemen
John Culliton, 1131 Wildhurst Trai , ted in his view the atte ' eing focused on this lake access
point might border on harassment since� Ilows closel er the complaints raised by the Lines.
Culliton stated he has two young children an nally would not allow his children to use this lake
access point at the current time.
Culliton stated if this lake acces int is converted into ach,the residence to the north should
probably be removed. C ' n stated in his view the City sho approach this lake access point in the
proper manner an rush through it.
Cullito ted he also was not asked to sign the petition,and that in his view thi ' merely an attempt to
get ck at the Lines for the complaints they have raised against some of their nei bors.
._.�.d--'.
ZONING ADMINISTRATOR'S REPORT
(#3) #2636 GARY AND SUSAN CABLE,3532 IVY PLACE—VARIANCES—RESOLUTION
NO. 4671
Gary and Susan Cable,Applicants, were not present.
Weinber�er noted Council requested Staff draft a denial resolution,with a deadline of August 17�'
for the removal of the ice house. Staff is recommending the Council adopt the resolution.
White noted Cable has prepared a copy of his abstract for him in an attempt to determine when the ice
house was originally constructed and�vhether there is any historical significance to the ice house.
White stated they hope to have the information before August 17`''.
Mayor Peterson inquired whether it is possible that Mr. Cable miaht have some information prior to
August 17`n
White stated they are going to attempt to get the information together prior to the 17`h.
Mayor Peterson inquired whether this action to be taken by the Council tonight could be stopped in the
future if new information comes to (i�ht.
Tom Barrett,City Attorney, stated in his view the period of time before the deadline is sufficient for
anyone to reconsider their decision on the resolution. Barrett noted Orono does not have any ordinances
re?ulatina historical buildings.
Mayor Peterson commented she would like to save the building if there was something out there that
demonstrated the buildin�had some historical significance.
Weinberger stated one of the requirements for issuance of a permanent certificate of occupancy was that
the ice house be removed. Weinberser noted the temporary certificate of occupancy e:cpires in the near
PAGE 5
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,July 23,2001
(#2636 Gary and Susan Cable,Continued)
future. Weinberger inquired whether Staff could extend that temporary certificate of occupancy.
Tom Barrett stated he is not aware of anything that would prevent the temporary certificate of
occupancy from being extended.
Nygard stated he personally is against temporary cectificates of occupancy. Nygard stated some other
cities allow the certificate of occupancy to be issued once the building is near completed, but require
another building permit to,for example,finish the basement. Nygard stated perhaps the City Council
should look at that process rather than issuing temporary certificate of occupancy.
Moorse stated another option would be for the City to remove the building and to assess the costs back
to the property owner.
Sansevere moved,Peterson seconded,to approve and adopt RESOLUTION NO.4671,a
Resolution denying variances to hardcover within the 75-150'setback to permit an ice house
within 75' of the lakeshore to remain on the property. VOTE: Ayes 5,Nays 0.
+� �,� ""--......��.....,, ��
*(#4) #O1- 78 KRISTI ROESLER, 1169 NORTH ARM DRIVE—SPECIAL L
COMBINAT • �,r
�
Flint moved,Sansever conded,to approve the Special Lot Combinatio f greement for
Kristi Roesler, 1169 North m Drive. VOTE: Ayes 5,Nays 0.
,,
*(#5) #01-2685 JOHN CULLITON, 11 ILDAURST T �—CONDITIONAL USE
PERMIT—RESOLUTION NO.4672
Flint moved,Sansevere seconded,to approve and a t RESOLUTION NO.4672,a Resolution
Granting a Conditional Use Permit to permit in Eess o 00 cubic yards of fill to be brought onto
subject property for the purpose of constru ', lprivate go ees and greens at the property
located at 1131 Wildhurst Trail. VOT • y�s 5,Nays 0.
;.
*(#6) #01-2690 JOHN A.E ,�BIG ISLAND—VARIANCES— LUTION NO.4673
.'�
Flint moved,Sansever econded,to approve and adopt RESOLUTION NO.467 �a Resolution
granting variances ardcover to permit replacement of a 318 square foot deck located 32 feet
from the OHW f Lake Minnetonka at the property located at 330 Big Island.
VOTE: Aye ,Nays 0.
PAGE 6
o�'°�o CZ O OY'OYlO
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P.O. Box 66
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PHOENIX,ARIZONA APPLETON,WISCONSIN
MILWAUKEE,WISCONSW
Apri14, 2003
Gary and Susan Cable
3532 Ivy Place
Wayzata, Minnesota 55391
Dear Mr. and Mrs. Cable :
I am the City Attorney of Orono and I write with respect to your property at 3532 Ivy
Place.
A building permit was issued for the property based upon an agreement between you and
the City to abide by the decision of the City Council with respect to a variance application to
allow the shed to remain. The City denied the application and directed that no Certificate of
Occupancy should be granted until the shed was removed. This denial and the obligation to
remove the shed have been filed against the property. A Temporary Certificate of Occupancy for
the property was issued on April 4, 2001, subject, in part, to your agreement to remove the shed
an the lake front of your property.
Additionally, I am advised that you have constructed and paved a driveway to a third
garage stall on the property which causes the property to exceed the 25% hardcover allowed by
ordinance.
On February 12, 2003, City Inspector Lyle Oman wrote to ask you to remove the shed
and the excess pavement by March 10, 2003. To date, no action has been taken and the City has
not received any communication from you with respect to these obligations.
May I please hear from you with respect to your plans for these requirements in the next
fifteen days? If I do not hear from you I will advise the City that it may proceed with appropriate
legal action in order to bring the property into conformance. Additionally, I have advised the
City that it may not issue a Certificate of Occupancy until these matters are addressed.
Very truly yours,
__ ; 6
, �
Thomas .
cc: Michael Gaffron,
City of Orono
I�t071434v1 026 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
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� ` ; �"����'�_���M.�G Street Address: Mailin�Address:
,,,�•�i�
9�C'EgHOg' 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystai Bay, MN 55323-0066
May 23, 2003
Gary Cable
3532 Ivy Place
Wayzata,MN 55391
Re: Hardcover/Structure Violations; Certificate of Occupancy
Dear Mr. Cable:
The City has become awaxe that you have placed your residence for sale. Please be advised that the
property has not been issued a final Certificate of Occupancy due to a number of unresolved issues.
The property has not been brought into compliance with City ordinances as required,in that the"ice
house"accessory structure has not been removed as was required by Resolution No. 4671, and the
hardcover in the 75-250'zone exceeds the 25%limit,primarily due to the excess driveway installed
to the third garage, but also in regards to sidewalks and retaining walls which have not been
approved.
The City Council will be asked at its meeting of May 27(7:00 p.m. start time)to authorize filing of
a lis pendens against your property and commencement of legal action to gain compliance with City
requirements. `Compliance' includes the following actions on your part:
1. Removal of the"ice house"accessory structure from the property.
2. Removal of excess driveway and other hardcover in the 75-250' zone to result in no more
than 25%hardcover on the property. The attached diagram indicates areas of the property
considered as hardcover. Approximately 800 s.f.of hardcover must be removed from the 75-
250'zone for the property to be in conformity.
3. Establishment of lawn(sod) in all areas where excessive hardcover has been removed.
If you have any questions,please contact me at 952-249-4600 or City Attorney Thomas Barrett at
612-333-3434.
Sincerely,
��
Michael P. Gaffr n
Planning Director
encl.
cc: Thomas Barrett
Bob Ritter
City Council
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
. .._�
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/� �� �54���9 �
O O 5-23-03
, CITY of ORONO
� �
�,�� �G'� RESOLUTION OF THE CI� COUNCIL
` `�kEsKo4 rvo. 4 6 �
A RESOLUTION DENYING
VARIA\'CES PER
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 AND
SECTION 10.56, SliBDIVISION 16 (L) (2)
FILE #2636
WHEREAS,the City of Orono is a municipal corporation organized and existin�
under the laws of the State of Minnesot�; and
WHEREAS,pursuant to State Statutes 412 et.seq.and 46?et.seq.,the City Council
of the City of Orono has adopted zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS,Gary Cable and Sus lan Cable(hereinafter"the applicants")aze owners
of the property located at 3532 Ivy Place within the City of Orono(hereinafter"the City")and legally
described as follows: Me� L�a� ��� �n�.
Lots 179 and 180, Taylor's Subdivision of Spring Par�Q�it�',�I�ennepin County,
Minnesota(hereinafter "the property"); and
WHEREAS, the applicants ha�-e applied to the City of Orono for a variance to
Municipal Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (2)to permit
3,346 s.f. (2�.4%)hardcover on the property w-here the land area within the 75-250'setback allows
3,250 s.f. (25%) hardcover to permit an ice house within 75' of the lakeshore to remain on the
property; and
WHEREAS,the City Council has reviewed the application; the recommend�ations
of the City staff and the Planning Commission;and the comments and w7itten statements submitted
by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested after-the-fact variances as described above based on one or
more of the following findings of fact concernina this property:
Page 1 of 4
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, C ITY of ORONO
`� ti 1
�� G'�' ' RESOLUTION OF THE CITY COUNCIL
��9kESH� NO. 4 f'A `7� �
� 1. The property is located in the LR-1C zoning district, a single family lakeshore
residential district.
� 2. Properties in the lakeshore residential district and in the Shoreland Overlay District
are subject to hardcover regulations. The subject property is allowed to use 2�%of
the land area beyond the 75' lakeshore setback for hardcover.
3. The total land area in the 75-2�0' lakeshore setback is 13,182.8 s.f. Allowed
hardcover allowed on the property is 25% of the area within the 75-250' lakeshore
setback. The total allowed hardcover on the property is 3,296 s.f.
4. Hardcover regulations do not permit any hardcover within 75' of the lakeshore.
5. The City of Orono's hardcover policy requires that properties that are redeveloping
not exceed allowed hardcover. That includes any e�isting or proposed hazdcover
�vithin 75'of the lakeshore be reduced from the amount of hardcover that is allowed
on the property under the requirements of the hardcover ordinance. The ice house
is located within?�'of the lakeshore and does constitute hardcover on the property.
6. A building permit for a new house�vas issued on November 13,2000 based on a site
plan that met all requirements of the Zoning ordinances and Building Code.
Applicants were approved with the understanding that the future of the ice house
��°ould �be determined by the City thou�h the variance application process. The
applicants submitted a written statement stating they «-ould abide by the final
decision of the City regarding the future of the ice house building.
7. The City of Orono issued a Temporary Certificate of Occupancy on April 19,2001.
A condition of approval was the shed"ice house"be removed or get approval from
the City w-ithin 90 days.
8. The Planning Commission revie«-ed this application on November 20, 2000 and
tabled the item to allow the applicants an opportunity to revise the plan that would
at a minimum reduce the total hardcover on the property to not e.cceed the 2�%limit
in the 75-2�0' setback.
Paae 2 of 4 �
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ii-=�
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O O
�, C ITY of URONO
� �
�� G'�' RESOLUTION OF THE CITY COUNCIL
��Sg� NO. 4 � `� �
9. The Planrung Commission aaain reviewed the request on May 21, 2001 and
recommended denial by a vote of 4 to 0 based on the following findings:
A. New construction projects that demonstrate a suitable building area have been
held to the 25%hardcover limitation and the Planning Commission has not
looked favorably on applications the exceed allowed limits.
B. The Planning Commission agreed to table the application on November 20,
2000 to allow the applicants an opportunity to reduce hazdcover. The plan
reviewed on May 21,2001 did not reduce hardcover from the plan reviewed
on November 20, 2000.
C. The approved site plan does not allow any hardcover for a sidewalk to the
front entrance or indicate hardcover that could be used for access to the third
stall of the garage. .
D. The Planning Commission did not make findings that could have supported
a hardship that would have required variances to allow hardcover in excess
of what is permitted on the property.
10. The granting of the requested variances would be contrary to the provisions of
Municipal Zoning Code Section 10.22,Subdivision 1 and Section 10.56,Subdivision
16(L),with which the applicants must first comply in order that variances be granted.
The Council finds that:
A. The property in question can be put to a reasonable use if used under the
conditions allowed by the official controls if the proposed variances are noi
granted.
B. Granting of the proposed variances would appear to serve as a convenience
to the applicants and the applicants have not demonstrated a reasonable
hardship or practical difficulty acceptable to the City Council to permit an ice
house to remain on the property eYceeding allo�ved standards.
Page 3 of 4
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/� O�
O O
�, CITY of �RONO
� �
�� G'�' ' RESOLUTION OF THE CITY COUNCIL
�9kESH�4� NO. � � ^t :�.
C. The conditions and Zonina Code limits imposed and e:cisting on this property
generally apply to all other land and structures in the zoning district in which
this property is located as well as in adjacent residential zoning districts.
11. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City staff, comments by
the applicant and the effect of the proposed variance on the health,safety and welfaze
of the community.
12. Prior to a Certificate of Occupancy approval the ice house building shall be removed
from the property. Removal of the ice house is required to be complete by August
17, 2001.
Adopted by the City Council of the City of Orono on this 23rd day of July, Z001.
ATTEST:
�..'�' • �I(/ �
� /j ,. 7
� !: Z��l,' �J, �� � .
Lincia S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of July,2001
by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was eYecuted on behalf of the City.
'� ` -�-s�. N����NE"-OTq `%��.c_-�C� ��d��
`•) �':.:''.��r Jan.31,2005
�� .,,: ;. t�ycarrnts�+E�s Notary Public
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SCN�B�R� Prepared by m�or under my dlr�cl tup�rvislon and ih�l 1�m �r.�4�tc �i �
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