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
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PERMIT RECORD
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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
•
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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
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