Loading...
HomeMy WebLinkAboutBackground Info on New Horizon Day Center .. I City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (952) 294-4600 Fax: (952) 249-4616 MEMORANDUM DATE: October 3, 2001 TO: Mike Gaffron, Senior Planning Director Wendy Bottenberg, Zoning Administrator FROM: Paul Weinberger, Zoning Administrator SUBJECT: Background Info on 875 Wayzata Boulevard (New Horizon Day Care) There has been some recent interest in the New Horizon property. I have made some copies of some information that might be helpful when you may receive calls on the property. Current Zoning: RR-1B CMP Guided Plan: 2 Acre Residential Permitted Uses: One Family Residential Municipal Uses Conditional Uses: Current CUP for a day care could be tranferred to the next property owner. Any other CUP listed in the RR-1B district(would require new CUP). Water Connection: In 1987 the property owners, City of Orono, and City of Long Lake entered into an agreement to provide water service to the property. Permits for the water connection were issued in 1988 and for a sprinkler system in 1989. Sewer Connection: The lot has an existing non-compliant septic system. The property is within the 2000 MUSA expansion area. The following are attached: 1974 City Wetland Inventory Map Proposed Highway 12 Map - Indicates a small portion of the property is within the construction limits of the highway Permit Record Water Service Agreement Resolution 2075 - Approving Day Care Use f) / I :9. 0 � .. 4D6S eg 229 413 210 iz �O �f• L/NDAWOOD A 2ND ADDITION o 1,, 0. �`e w W f%) I V yCIO yti° g; 207 206 72 210 1M1 $' 65 1.35 zz9.z 9�� w :"��,zm.c ,��' o OUT LOT l �� .,.. �. 47��- g �s" ?` ,s.cl Izo J65 198 155 IZS - ptle�i; / \ -" A w S�:01 6 - 127. w S t'•_ °' 1L I D A O O D„ w•. at). = ' N o iru �% /jT O U 7c] p• 1.4 o • ` 110 • •- -16.7 7. 10 16 5. 198 69.2: ——- _ .8.. ••• 908 51 ZOOIV Kt: e '' 0 ° SQ/ o IzSA ' itzke0 • fZ(f b• bi o j 7 0U s nit/ .11m. o J • , O O 0 f •• I \44.4%\ .1. 0 '" n y\ `Y 555 to cre rr L.-00"./.. —"\ 0 w D011 D (I \ mm ‹...... rt U1 e \ ..,-, o ED n • cp .**4141 .•) 1$2:$1'.')) \ IE 1 ^\ 01 r: 18 5 i)' — - e. -� y ano 6, \ c.-......"-"N -....., 4, N .�-''i nom'' q. Q. O 14 O w 0-is- iv'ov . ciud • PERMIT RECORD Permit No. Date TMpe of Permit f — S'- a6,-) 7 ), -(:_ip __) ----- et--iyi ;-7- /& -,4___ Lam -----------io -o 5-- v ___ ) 341, -- ---- /7- a 6 — -- � _24'file.c. ..-)„..6-12147:7,--e,,:{ 6,2;:-Li ___i_ I V' _ I 14-28 _.153:g________ ---------LL)""g 4 g.---- ----- — pftkn.k'i , /Ce, 5" c=2i7-_,\2_7 4 A ;2. 12j___Alifh4 --- ----- `i ---- 1. C. v- ------ -tea- --- Q 0 • -- F\_ ) ARLO H. VANDE VEGTE, P A. ATTORNEY AND COUNSELOR AT LAW 6 1 2 -4 7 5 - 2 2 1 9 1/350 W. WAYZATA BOULEVARD P.O. BOX 39 LONG LAKE. MINNESOTA 55356 pu November 30, 1987 :1� J DEC .. 18T 1111 Mark Bernhardson ILiIU ;jJ City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Connection by CiCi into Long Lake Water Ser ice $�S ryza i i;5�v� Dear Mark: Enclosed please find a fully executed copy of the license agreement between CiCi 's, the City of Orono and the City of Long Lake. Very truly yours , MC)\-\.LLAL-OeitL Arlo H. Vande Vegtb AVV,4j1ti) Enc. LICENSE AGREEMENT THIS AGREEMENT, made this 1 - day of ` b`2. , 1987, by and between Pandeli CiCi and Ingeborg CiCi , husband and wife -thereafter called "Licensees") and the City of Long Lake, a municipal corporation under the laws of Minnesota (hereafter called "Licensor") ; WITNESSETH: WHEREAS, Licensees are the fee owners of certain real property located within the corporate limits of the City of Orono and Hennepin County, Minnesota, said real property being legally described on the attached Exhibit A; and WHEREAS, Licensor is the owner in fee of certain real property located within its own corporate limits and Hennepin County, Minnesota, said real property being legally described as Lots 8 and 9, Block 2, Green Glen, said property being part of city parkland known as Green Glen Park; and WHEREAS, Licensees desire to construct a day care center upon the northeasterly portion of their property and desire to service the same with water service from Licensor's municipal water main located in the cul-de-sac at the southeasterly end of Glenmoor Lane within Licensor's corporate limits; and WHEREAS, the City of Orono consents to the connection of Licensee's day care center to Licensor's municipal water service under the terms and conditions set forth herein; and WHEREAS, the State Department of Natural Resources has granted a "License to Cross State Lands" to Licensees for a period of 25 years so that Licensees may construct, maintain and operate said water line under and through the Luce Line Trail ; and WHEREAS, Licensor's engineer has examined Licensee's plans and specifications for construction of said water line and found them to be in accordance with sound engineering principles; and WHEREAS, Licensor desires to allow Licensees to construct, maintain and operate said water line across its above-described real property and to connect the same to Licensors municipal water main in the said Glenmoor Lane cul-de-sac according to the said approved plans and specifications and the terms and conditions set forth herein; NOW, THEREFORE, based upon the foregoing recitals and the covenants and provisions herebelow set forth the parties agree as follows: 1. Grant of License to Connect to Long Lake Watermain. Licensor hereby grants to—Ii ensees the right to connect to the municipal watermain located in the Glenmoor Lane cul-de-sac a private six inch watermain according to the plans and specifications prepared by Clark Engineering and certified September 16, 1987. Said plans and specifications are hereby incorporated into this agreement by reference and thereby made a part hereof. The granting of this license also permits Licensees to construct, maintain and operate said watermain over, under and across those portions of Lots 8 and 9, Block 2, Green Glen according to said plans and specifications and subject to the further terms and conditions of this agreement. The license hereby granted shall be indefinate unless terminated as provided herein. 2. Purpose of Watermain. Licensees represent that the sole and exclusive purpose of said watermain is to give water service to a building to be constructed for day care purposes in the northeasterly corner of Licensee's aforedescribed real property. Licensees agree that they shall neither permit, allow nor cause to be connected to said private watermain any additional structures without first obtaining the written consent of Licensor and the City of Orono. 3. Restoration. Licensees warrant that they will , at their expense and within 30 days of installation of said private watermain, restore Licensor's property to the condition in which it existed, or as near as may be, immediately prior to construction and installation of said watermain over, under and across Licensor's property. Licensees are hereby allowed an area 10 feet either side of the location of the watermain in which to conduct their installation and construction activities and within which to service and maintain said watermain following its completion. 4. Service, Maintenance and Billing. The parties agree that said watermain shall be entirely private and Licensor shall have no obligation whatsoever to service or maintain it. In the event Licensees have need to service or maintain the line on any part of Licensor's property or upon the Glenmoor Lane cul-de-sac they shall first notify Licensor of such need and shall not proceed with the service or maintenance until such notification has been actually delivered. Licensees shall immediately restore Licensor's property to its original condition upon completion of such service and maintenance. Licensor shall have the right to come onto Licensee's property at any time to inspect the construction, operation or maintenance of the line and/or its connections or to read meters. Furthermore, Licensees shall install or allow Licensor to install a water meter meeting Licensor's specifications upon the connection to Licensees ' building for the purpose of metering Licensees ' water usage and billing for the same. Licensees agree to pay directly to Licensor the same water rates as are from time to time billed by Licensor to other users of its municipal water system within the City of Orono. Licensees will be billed by Licensor quarterly or at such other intervals as Licensor deems appropriate for Licensee's water usage. Licensees shall pay the same promptly. Licensor reserves the right to terminate Licensees' water service for non-payment upon 30 days written notice and to temporarily terminate the service in the event Licensor determines that it cannot meet the demands of all users of its municipal water system. This includes giving Licensor the right to discriminate against properties not located within Long Lake in favor of property within it. Licensor shall notify the City of Orono of intent to terminate or temporarily stop service. 5. Connection and Hook-up Fees. Licensees agree to pay all appropriate connection and hook up fees levied by Licensor to permit connection into its municipal water system. 6. Indemnification. Licensees agree to hold harmless and to indemnify Licensor from any and all liability or claims of whatever kind or nature arising out of Licensees' construction, operation or maintenance of said private water line. In addition Licensees agree to pay Licensor for all costs of a legal or engineering nature incurred by Licensor in connection with this agreement. 7. Termination. Licensor reserves the right to terminate this license upon 120 days written notice to Licensees for any cause. Licensees shall remove all property or structures from Licensor's lands following the termination date. 8. Successors and Assigns. The terms of this agreement shall be binding upon Licensees' heirs, administrators, successors and assigns. 9. Miscellaneous. This agreement constitutes the entire agreement between the parties. It may not be amended without a written instrument signed by both parties. No delay in enforcing any of the conditions of this license shall operate as a waiver of any of Licensor's rights and the violation of any of the conditions hereof shall be cause for termination. In the event it shall become necessary for Licensor to engage the services of an attorney in order to enforce any of its rights hereunder, Licensees agree to pay all costs of such enforcement including reasonable attorneys fees, expert witness fees, engineering fees and/or costs and disbursements. IN WITNESS WHEREOF, the parties have caused this agreement to be exeucted and delivered the day and year first above-written. iciadevA, L Pandeli CiCi 14 1 4 IngeborgC i V CITY OF LONG LAKE ( 7 By: • 1.,w-, /-y.� Mayor � By: (:7 ,i7-2,-,./...., /Z---,-sv—..--) Ci ty\erk STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this 14TH day of O C.T O BE R. , 1987, by Pandeli CiCi and Ingeborg CiCi , husband and wife. PENNIE K. MOHLIN 1:4 NOTARY PUBLIC—MINNESC' - HENNEPIN COUNTY v . 0//927d-/-tdL(2 Aly Commisson ExGir^s May 18 , .. ••••••~44,04.44./ Notary u i c • STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /'7-h_ day of Ulcom c.)-PQ , 1987, by Owen Smeby, Mayor and LuVerne Hanson, City Clerk of the City of Long Lake, a municipal corporation under the laws of Minnesota, on behalf of the City. �� i.►�/l11 orary ' ' ,i% CONSENT The foregoing agreement is hereby consented to by the City of Orono. Dated: f'7 9-Z7 CITY OF ORONO B • 011111" , By: 01.1,kiNV •rte• JOHN R. GERHARDSON STATE OF MINNESOTA N HENNEPINCCOUNTYTA SS. Sy eommIsslon expires 104843 COUNTY OF HENNEPIN ) The foregoing Consent was acknowledged before me this <' day ol` Jeir-.�-1 1987, by (2 et'nu-7 if' 4 i 22-( ( and of the City of Orono, a municipal corporation under the laws of Minndsota, on behalf of the City. Notary Public This Instrument Was Drafted By: Arlo H. Vande Vegte, P.A. Box 39 Long Lake, MN 55356 • • ZN > O -+ -F _ -FO X mow ? rnmr -w > O 7 al a -" N 7 01 CD 7 N -- + -(-< O a 0 n rn O 7 v . O rn Z-F O -4 • lD ED I N -- 7 N —�A 7' -•. 7+ -+. CD -< '+ d'< cD l') 7 0 + 7 -+v n -+ 0) O CI Or m -+ • • 0 + O 0! (D O -+ (,D a v+ -• 1 1 7 03 n 2 7 7" 0) -F 7' co 1C7 (D -+ Cil 7' (D • W N CD 7 7 O d -- VI O '•f A• O . CD CD °� CD ; O n$ O O -4" � -w O C v (D '1 -+ O 7 0t En-4. -I. CD N+ 01 (D g n- .-.. -F •— -4- (7D (�D !(9 O. n) -< 7 (cD — to -1 A ` 1 t • - R1 O (n VV/ Z '1,03 0 E m• O. O, i,l • (D (D A -* -+ C • - ILO 01 � • of n 7 CD 7' C7 A 7 -•I- , -4 -4 o o ; CD 7' -4- IQ c ,1 c•.) co co Z n -F:— W a a 0-1-.1 N) N N -1F/ cD cD 7 It n — A -} (3D 7 rn 0 � (0D O En r `. 01 MOOD,+ c cow 7- ZOO I} 7• -1 (n 01 O Cr -< --- (D (D d -q. o -+ n O O i 7 • X -+ 0 01 , CO r.. -+ 7 ut W O1 -' -. -- 3 -ICO -- •• r' � d 07 -7+ -1 -+ d N r1 ? CD vw+ o m o m mtn E -4. ? 7 7 ' d -4- En C/1 O ,< 7 7 • 7 Cr - 1 { -- -• r En • '< (n 7 -'< r 7 -(7 v 7 IV t./4 7 C7 7 _ (D 7 1 O. -- EEn O 7 § N O CD- + — I Z`< 7 -t. (D O XI -4. O r1 7 C• -IC/1 O 01 61 VI -+ V Z • -< Er) n -o.^< _ co ? O 0 I e: -+ Ut f Q. (D -l- O n- -,. (D 7 .+ h to 0 a co-+ toW z7• 0 — { 7 7 7 rt A -4-(fl hikes 5 zf " City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2075 Egg CA A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8 AND ORDINANCE 13, SECOND SERIES AND CONDITIONAL USE PERMITS PER SECTION 10.28, SUBDIVISION 3 (A) AND SECTION 10.03, SUBDIVISION 20 FILES 1062 AND 1077 WHEREAS, Ingeborg Cici (hereinafter "the applicant") has an interest in the property located at 875 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: That part of the Southeast 1/4 of the Southeast 1/4 of Section 35, Township 118 , North Range 23 , West of the 5th Principal Meridian described as follows: Beginning at a point on the West line of said Southeast 1/4 of the Southeast 1/4, 29.7 feet North of the Northeasterly line of the right-of-way of the Great Northern Railway Company; thence North along the West line of said Southeast 1/4 of Southeast 1/4 to the South line of the right-of-way of the Electric Short Line Railway Company; thence Easterly along the South line of said Electric Short Line Railway Company to the Southwesterly line of State Highway 12, formerly No. 10 ; thence Southeasterly along said Southwesterly line of said Highway to a point distant 385 feet measured at right angles from the South line of Section 35; thence Westerly parallel with and distant 385 feet measured at right angles from the South line of said Section 35, a distance of 1011.05 feet to the point of beginning. ALSO, all that part of the Southwest 1/4 of the Southeast 1/4 of Section 35 , Township 118 , Range 23 , lying South of the Southeasterly right-of-way line of the Electric Short Line Railway Company and Northeasterly of the Northeasterly right-of- way line of the Great Northern Railway Company, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Ordinance 13, Second Series and a conditional use permit per Section 10.28, Subdivision 3 (A) to permit the construction of a day care center/nursery school prior to the completion of the Highway 12 Planning Study and an additional variance per Section 10.55, Subdivision 8 and conditional use permit per Section 10.03 , Subdivision 20 to permit land alterations and the installation of a private driveway within 15 feet of a wetland instead of the required 26 feet. Page 1 of 5 City of ORONO 04:^-''? RESOLUTION OF THE CITY COUNCIL NO. 2075 � - $ ;(Q:: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. These applications have been reviewed as Zoning Files #1062 & 1077 . 2. The property is located in the RR-1B Rural Residential Zoning District. 3. The property is approximately 13 acres in area with 7 acres of dry contiguous land. 4. The Orono Planning Commission reviewed application #1077 on September 15, 1986, and application #1062 on October 20, 1986, and recommended approval of the multiple variances and conditional use permits sought by the applicant based upon the following findings: A) The proposed day care/nursery school use conforms to all standards set forth in the current code. B) The proposed location and conditions by which the day care center shall be operated will pose no hazards to the public health, safety and welfare. C) The proposed use as amended will not be injurious to properties or improvements in the vicinity. D) The proposal is not found to be in conflict with the current Comprehensive Plan nor any amendments considered or proposed by the City during the Highway 12 Planning Study. E) The only approved safe access to the site will require that the applicant install a road either adjacent to or intersecting an extensive wetland area. Council finds the east access the only safe access to the site. 5. The City Council has considered these applications including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 5 • • ° sy City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2075 -641-:t0t(CrO 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 zoning district; that granting these variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; 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 granting conditional use permits to allow the installation of a day care center/nursery school prior to the completion of the Highway 12 Planning Study will not 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Ordinance 13, Second Series and a conditional use permit per Section 10.28, Subdivision 3 (A) to permit the installation of a day care center/nursery school prior to the expiration of the Temporary Limited Development Ordinance and a variance to Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 20 to permit the construction of a private roadway within 15 feet of a designated wetland rather than the required 26 feet, subject to the following conditions: 1. Prior to the issuance of permits for building or land alterations on the above described property, the City must be in receipt of the following: A) Developer's Agreement with appropriate security to assure the following is completed as approved by the City: 1) Landscaping per Page 4 of final plans referred to as Final Landscaping Plans. Page 3 of 5 • Y 'gy5 :rY City] of ORONO r RESOLUTION OF THE CITY COUNCIL ^fir OF r. NO. 2075 14, "I'5_ 11,140! 2 ) Construction of access road and left turn lane - ? final plans to be approved by City and State Highway Department. 3 ) Erosion control plan. 4 ) Site grading per final approved plan. B) M.C.W.D. permit approving final grading and drainage plans. C) Payment of 5 SAC Units with issuance of building permit. Total payment of $2,375.00. D) State Highway Department permit approving access, left turn lane plans and use of State right-of-way for private road purposes. E) Applicant must amend final site plan to provide a 50 foot setback from State right-of-way for parking area within front/street yard. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (November 10, 1987). 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of November, 1986. ATTEST: /Y UDor"othy M. allin/ City Clerk M- y . B t\ er, Mayor (-Af:L II-) I L, M/' - �'/ " Property Owners ) Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2075 - QRONO" STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) On this C, day of 1986 before me a Notary Public within and for said county, personally appeared ,�� {-? �j e/(, ,' known to me to be the persons ) described in 'and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. I /(70' =-11-"L THERESA L. NAAB NOTARY PUBLIC NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 9-8-92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this /54" day of 6-0 -10--Q-C- , 1986, before me a Notary Public within and for said County, personally appeared a1 . C_c"-CLt known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their ) free act and deed. NOTARY PUBLIC / -�a MY COMMISSION EXPIRES Page 5 of 5 / / / / / / ,, 'a / / / r / // • / J!/ it §; • �_-_ . _ . . \. \ \ Vii' 1i ,' ,'," / \ . )--- \ / s QA / / , . / 7' // N / \ / n1 _�. r // / , ,, • I �__'/ __ \ / / / / 1, / i/ I t— _ /—_\ x / , —i- / \\\\ \' \ / ` 1 ,. 0• -, ( '� 4 C o �, o f o A 00 , Z 'k 11 SNA 7 I 1 . l 1-11' \\ y / 4`\ I-1--1,,,,. \\ \ / )\ I �'/ iv \ s I I 'Ak //. / I , / // . ., / /7/ 7 4., , . il -,,,„. ,,, z ,‘,\:,t\ 1 , t ,, , ,. ' '1 , .. ..„ // x ', , ( \ 1 Y ` / O / /, \ i l / / i d / • ii,\,:„..,........,.. , \ .1; �\ / /2/ C ,. \te l IV���- / /. �i / ' • 1 s I \ // // Y' / / �� \ / \ / / a , // /� / / • ,w- I / /. / //a / �\ 1 ' i-- � // / / // //��_ / // / / '/ \ 1, t,4 t / / / .// / i0 //' / 4 f. I I ' /'/ / / .I •,'•r 1 / / / // / / 1\ +.' i o / / / 1 I� ' / // �/ / I \— \ / / /' ��' �\ / / /./ // ', /,� �,,\\ \1 \ / / ///,./ Nct /// 1 1 \ i i / 1 ,,,, 1 /' / / / , . 1►1 1 1 \1 �I i / / /// iy / �, 1111 11 \ I j / // //� / ,�� , / .` 1 1 1 1 1 _ / / // / / \ • '`Qi. 1 I II I �' /j `' \\\• lot/ r' �il. 1 1 1 1 �.. 1 \ \ / /\ , 1 / / /11 11 1 \� '/ d\ r 11 \ 11 \ // i. , \\\\ ,, / /, ,..,.i.14,\ r, • 1 1 / n i -�\ / �I % 1 1111 11 1\ / / i,' // N \\ // 1 ";r= .i 11 1 1 \ /'// /' / // - _ / I 1 �N i #{;` 111 1 I 1 / / / / ' N / n t 1 I 1 7 , ' �/ `---' - ----.� / 1 1 / I 1 / / j / ,wj,,,.- 1 I / / / / / / ' , C ' • I I I I I %/ // �' // \ N .' 1 � z / / j j `\ / / / , �' .. r I I ,,� I / / / I I 1 / / / — %,:.''Lti _ % \I •{' / / ,