Loading...
HomeMy WebLinkAbout02-10-2020 Council PacketAgenda Council Meeting Monday, February 10, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of January 27, 2020 2. Council Work Session Minutes of January 27, 2020 3. Claims/Bills 4. Approval of Rental Licenses 5. Approval of Kennel License Renewals 6. Ferndale Road North — Pre Award Approval 7. Old Crystal Bay Road (CSAH 112-CSAH 6) Road Pay Application No. 8 — Final 8. Approval to Accept Donation 9. LA19-000098 —Joe Hahs /Evergreen Construction, 2385 Shadywood Road, CUP —Resolution 10. LAI 9-000099 — City of Orono - Comprehensive Plan Amendment for Trail Priorities — Resolution 11. LAI 9-000105 — John Kraemer, 855 Old Crystal Bay Road South, Variances — Resolution 12. LA19-000106 — Tom Lemmerman, 1389 Orono Lane, Variance — Resolution 13. Orono Preserve Security for Sidewalk Repair Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 14. LA19-000101 — Al Azad, 200 Bederwood Drive, Lot Area Variance — Resolution 15. LAI 9-000097 — City of Orono Text Amendment — Dock Licensing Finance Director Report Mayor/Council Report City Administrator Report City Attorney Report Sign up for email notifications at www.ci.orono.mn.us Adjournment Agenda Council Meeting Monday, February 10, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Upcoming Events 2020 02-17-20 Official Holiday, City Offices Closed 02-18-20 Planning Commission Meeting, Monday, 6:00 p.m. (Victoria Seals) 02-24-20 Council Work Session, Monday, 5:00 p.m. 02-24-20 City Council Meeting, Monday, 6:00 p.m. 03-02-20 Park Commission Meeting, Monday, 6:00 p.m. 03-03-20 Election Day, Presidential Nomination Primary 03-09-20 Council Work Session, Monday, 5:00 p.m. 03-09-20 City Council Meeting, Monday, 6:00 p.m. 03-16-20 Planning Commission Meeting, Monday, 6:00 p.m. (Matt Johnson) 03-30-20 Council Work Session, Monday, 5:00 p.m. 03-30-20 City Council Meeting, Monday, 6:00 p.m. 04-13-20 Council Work Session, Monday, 5:00 p.m. 04-13-20 City Council Meeting, Monday, 6:00 p.m. Sign up for email notifications at www.ci.orono.mn.us MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2020 6:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, II, Matt Johnson, and Victoria Seals. The following members were absent: Aaron Printup. Representing Staff were City Administrator Dustin Rief and Finance Director Ron Olson. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 13, 2020 2. COUNCIL WORK SESSION MINUTES OF JANUARY 13, 2020 3. CLAIMSBILLS 4. APPROVAL OF 2020 TOBACCO LICENSES 5. AUTHORIZATION TO UPDATE CITY CODE RELATIVE TO APPEALS 6. ORONO SCHOOL DISTRICT FUEL STATION USE AGREEMENT 7. AUTHORIZATION TO PURCHASE VEHICLE 8. AUTHORIZATION TO PURCHASE 2020 SQUAD CARS 9. APPROVAL TO DISPOSE OF FIREARMS 10. 2020 ANNUAL STORMWATER IMPROVEMENT PROJECT ENGINEERING APPROVAL 11. SEASONAL WEIGHT RESTRICTIONS RESOLUTION NO. 7068 Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None. MAYOR/COUNCIL REPORT Seals reported the Polar Plunge took place with the police department which raised over $5,300. She noted it was super fun and super cold. She likes the new digs. Crosby had nothing to report. Page 1 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2020 6:00 o'clock p.m. Johnson said he talked to the City of Excelsior Mayor about how the plowing of trails was going and if they had any problems with it. The Mayor said there were no problems. Excelsior gets a grant from Three Rivers which does not cover costs, but they think it is a worthwhile endeavor because the feedback is so positive about having the trails open and how often they are used. Council members discussed the LMCD. The City of Excelsior's LMCD representative is now Mark Kroll. There are other cities that also have non-residents representing them on the LMCD board. Johnson said there is some question if that will be the policy going forward. Johnson asked Council members if they were familiar with having a scenic route labeled around Lake Minnetonka and discussed other roads that were labeled as scenic in Minnesota. He said the Excelsior Mayor indicted other cities had talked about doing that before but it kind of fizzled out. The Excelsior Mayor may reach out to the City of Orono to look into that. Walsh said his daughter's gymnastics season is underway and he will be traveling a lot the next few months. CITY ADMINISTRATOR REPORT Rief stated the Long Lake Fire Department firefighters asked himself, Walsh, and maybe another Council member to attend their meeting tonight and provided minutes from their January 13 Fire Department meeting. He referenced the budget sheet and indicated those are the facts he will be providing to the firefighters at their meeting and asked if anyone had questions. He noted since 2008 Orono has increased their share of the budget allocations and the other two partners have decreased their share, generally speaking. Rief said the Presidential Nomination Primary early voting is going on now. As Super Tuesday approaches, there will be an influx of people at City Hall. There are some challenges related to the wording and privacy related to the ballots and how voter information can be given out. They are working to help ease the concerns of anybody coming in on what is public/what is private, what is available to the election staff, and also what is available to the party chair. City Staff will engage the attorney to ensure the correct message is provided. Walsh stated he thinks that issue is being discussed at the state capitol. Rief said the language could be read two different ways and the concern is if some of the information is provided to the party chair, the next line may supersede information that was considered private. For example, a phone number is public but an email is private. It raises questions from voters because their thought is: I just want to vote; I don't want people to call me and tell me who to vote for. Walsh asked for an update at the first meeting in February. Crosby commented it would be nice, someday, to have some voter ID laws. Walsh said he thinks the issue is more about the sharing of information regarding who is voting and who they are voting for. Rief confirmed it was more about the privacy component. Page 2 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27, 2020 6:00 o'clock p.m. CITY ATTORNEY REPORT Walsh noted Soren Mattick was given the day off. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the Orono City Council meeting at 6:16 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 3 Orono City Council Work Session Monday, January 27, 2020 Council Chambers 5:00 p.m. AGENDA PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson and Victoria Seals. Staff members present were City Administrator Dustin Rief, Police Chief Correy Farniok, Finance Director Ron Olson Director of Public Works/City Engineer, and City Clerk Anna Carlson. GUESTS: 1. Office Hours Discussion City Administrator Dustin Rief began discussion describing the typical office hours observed in the various department of the City. Rief explained he asked for a lake area survey of cities for office hours. He found that primarily 8:00 a.m. to 4:30 p.m. was widely used among those surveyed. He found that some cities overserved summer hours and that Wayzata observes a summer hour schedule similar to Orono's year round, and Excelsior observed a four day work week Monday through Thursday year round as well. Rief added that Orono Public Works does have their current hours in their contract which is 7:00 a.m. to 3:30 p.m. daily, so any changes may not affect them. Rief asked for input from the City Council about how they would like to move forward. Council Member Matt Johnson asked how the city got into the routine of the current hours to begin with. Rief was not quite sure when the summer hours began but concluded that it was in the early 2000's. Walsh mentioned that is was brought up for discussion a few years back and at that time summer hours made sense however it is good to review it at times to make sure we are doing things right. Rief mentioned that Fridays are typically pretty quiet and the city has almost everything available online which assists with the efficiency of customer service. It could go either way, the city may be able to forward phones to the Police Department on Friday's or we could look into doing alternating shifts much like what the Police Department Administration current does. Police Chief Coffey Farniok discussed the current alternating shift schedule which his employees observe during the summer months. Matt Johnson mentioned that you never hear anyone say that they have issues with it but he came here on a Friday and found out that City Hall was closed and did not feel that the Page 1 of 3 customer service aspect was there because City Hall was not open. He added that he was open to letting staff flex to accommodate the hours. Farniok mentioned that the city had done some research by recording number of visitors before they added summer hours. Johnson asked how many people come to City Hall in a day. Rief explained that it is all over the board and can range anywhere between 20 plus to 3 people. He added that we could take a tally but it may not conclude decent trend. Johnson asked how many phone calls. Rief explained that it may depend on the time of the month and it depends on what type of notices or things like utility bill have went out. He added that he would estimate it to be about 50 to 100 calls in a week. Council Member Victoria Seals mentioned that she and Printup had looked at this two years ago and she feels that we should be open all day on Fridays. She thinks that whether it's two people or more our doors should be open. Seals added the city could do a flex schedule but should have consistent hours which include open all day on Fridays. Walsh added that the Police Department is already doing a flex system that works for them City Hall should try it too. Walsh asked what direct would the Council like to see staff take on this. There was consensus that staff extend hours on Fridays in the summer and work with staff to flex time to accommodate the summer hours. Rief recommended that City Hall follow the hours observed by the Police Department and that the City go to 7:30 a.m. to 5:00 p.m. Monday through Thursday and 8:00 a.m. to 4:30 p.m. allowing staff to come up with some sort of flex schedule for Fridays. Seals mentioned the City should put out a post to the public that we are opening up all days a week to better serve the public. Adjourned: 5:36 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 2 of 3 Page 3 of 3 AGENDA ITEM Item No.: 3 Item Description: Claims/Bills Date: February 10, 2020 Presenter: Ron Olson Agenda Consent Agenda Finance Director Section: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 113325 to 113405, totaling $686,719.06. 3. Noteworthy Payments. Vendor Amount Description of Payment #113344 City of Long Lake $100,525.00 Payment for 2020 Quarter 1 fire service. #113360 GMH Asphalt $77,374.81 Final payment for Old Crystal Bay Road improvement. #113382 MTI Distributing $28,004.24 Payment for blade sharpening, greens mower rollers and the replacement of a park turf aerator. # 113404 Visu Sewer Clean/Seal $110,767.53 Payment for work done in June through December 2019 for 2018 Sewer Improvement project. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Prepared By: J t eU Reviewed By: sJu Approved By: 5b)R City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Total 112761: Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 092619 David Weekley Homes 01/28/2020 112761 102219 101-22205 Escrow Refund RPS19-000030 485 Sandhill Drive David Weekley Homes 01/28/2020 112761 102219 101-39615 Escrow Refund RPS19-000030 485 Sandhill Drive Total 112761: CITY OF MINNETONKA BEACH 01/30/2020 113190 092619 602-49450-387 3rd Qtr 2019 Sewer service CITY OF MINNETONKA BEACH 01/30/2020 113190 2000000676 602-49450-387 Sewer Service - 4th Qtr 19 Total 113190: ICMA RETIREMENT TRUST 45 01/30/2020 113285 01022020 101-21705 Pay Period Ending 12/15/19 Total 113285: David Weekley Homes 01/28/2020 113325 102219 101-22205 Escrow Refund RPS19-000030 485 Sandhill Drive David Weekley Homes 01/28/2020 113325 102219 101-39615 Escrow Refund RPS19-000030 485 Sandhill Drive Total 113325: CITY OF MINNETONKA BEACH 01/31/2020 113327 092619 602-49450-387 3rd Qtr 2019 Sewer service CITY OF MINNETONKA BEACH 01/31/2020 113327 2000000676 602-49450-387 Sewer Service - 4th Qtr 19 CITY OF MINNETONKA BEACH 01/31/2020 113327 2000000676 602-49450-387 4th Qtr 2019 Sewer service Correction Total 113327: Luther Infiniti of Bloomington 01/31/2020 113328 6381 101-42110-550 2018 Ford Truck Edge Luther Infiniti of Bloomington 01/31/2020 113328 6381 101-39680 Sale of 2011 Ford Escape Total 113328: UNITED STATES POSTAL SERVI 02/03/2020 113329 12312019 651-49910-322 4th Qtr Utility Bills UNITED STATES POSTAL SERVI 02/03/2020 113329 12312019 602-49450-322 4th Qtr Utility Bills UNITED STATES POSTAL SERVI 02/03/2020 113329 12312019 601-49400-322 4th Qtr Utility Bills Total 113329: ADVANCED FIRSTAID INC 02/10/2020 113330 0120-905 101-42110-240 AED Battery Total 113330: Department Invoice Amount 10,000.00 - Sewer Sewer Sewer Sewer Sewer Police Department Storm Water Sewer Water Police Department 9,700.00- 164.00- 344.40- 508.40- 1,651.00- 1,651.00- 10,000.00 ,700.00-164.00- 344.40-508.40-1,651.00- 1,651.00- 10,000.00 300.00- 9,700.00 164.00 344.40 164.00- 344.40 24,090.00 4,500.00- 19,590.00 ,500.00-19,590.00 321.47 321.48 58.45 701.40 1,124.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Total 113331: APPRIZE TECHNOLOGY SOLUT 02/10/2020 113332 19442 Total 113332: BARNUM GATE SERVICES INC 02/10/2020 113333 26239 Total 113333: Berkley Risk Admin Co LLC 02/10/2020 113334 013120 Total 113334: Description Department Police Department Central Services Water Sewer 101-41900-319 Administrative Fee 02/20 101-42110-404 PD Gate Repair 703-49960-151 2020 st Half WC Insurance BIFFS INC 02/10/2020 113335 W750945 101-45200-415 Lurton Park Total 113335: Bob's Repair of Mayer Inc 02/10/2020 113336 104408 Bob's Repair of Mayer Inc 02/10/2020 113336 104629 Total 113336: 101-45200-221 Big Island Mower Parts 101-45200-221 Zero Turn Leaf Bagging Kit BOLTON & MENK INC. Check Check Invoice Invoice GL Account LA18-000036 2635 Kelly Parkway Payee Issue Date Number Number 101-43280-304 LA19-000022 Willow Bay Sanctuary ALLSTREAM 02/10/2020 113331 16624244 101-42110-321 Phone service ALLSTREAM 02/10/2020 113331 16624244 101-41900-321 Phone Service ALLSTREAM 02/10/2020 113331 16624244 601-49400-321 Phone Service ALLSTREAM 02/10/2020 113331 16624244 602-49450-321 Phone Service Total 113331: APPRIZE TECHNOLOGY SOLUT 02/10/2020 113332 19442 Total 113332: BARNUM GATE SERVICES INC 02/10/2020 113333 26239 Total 113333: Berkley Risk Admin Co LLC 02/10/2020 113334 013120 Total 113334: Description Department Police Department Central Services Water Sewer 101-41900-319 Administrative Fee 02/20 101-42110-404 PD Gate Repair 703-49960-151 2020 st Half WC Insurance BIFFS INC 02/10/2020 113335 W750945 101-45200-415 Lurton Park Total 113335: Bob's Repair of Mayer Inc 02/10/2020 113336 104408 Bob's Repair of Mayer Inc 02/10/2020 113336 104629 Total 113336: 101-45200-221 Big Island Mower Parts 101-45200-221 Zero Turn Leaf Bagging Kit BOLTON & MENK INC. 02/10/2020 113337 0245769 101-43280-304 LA18-000036 2635 Kelly Parkway BOLTON & MENK INC. 02/10/2020 113337 0245770 101-43280-304 LA19-000022 Willow Bay Sanctuary BOLTON & MENK INC. 02/10/2020 113337 0245771 101-43280-304 RPS18-000124 325 Crestview Ave BOLTON & MENK INC. 02/10/2020 113337 0245772 651-16500 2019 Drainage Improvements 19-029 BOLTON & MENK INC. 02/10/2020 113337 0245773 602-49450-305 GIS Maintenance BOLTON & MENK INC. 02/10/2020 113337 0245774 651-49910-304 MS4 Permit BOLTON & MENK INC. 02/10/2020 113337 0245775 602-16500 2019 Sewer Improvements 19-013 BOLTON & MENK INC. 02/10/2020 113337 0245776 435-48972-304 2019 Street Improvements 19-001 BOLTON & MENK INC. 02/10/2020 113337 0245778 101-43280-304 RPS18-000124 325 Crestview Ave BOLTON & MENK INC. 02/10/2020 113337 0245779 101-43280-304 LA19-000022 Willow Bay Sanctuary BOLTON & MENK INC. 02/10/2020 113337 0245780 101-43280-304 LA18-000038 Southways Development BOLTON & MENK INC. 02/10/2020 113337 0245781 101-43280-304 LA18-000036 2635 Kelly Parkway Central Services Police Department Parks Parks Parks Special Services Special Services Special Services Sewer Storm Water Special Services Special Services Special Services Special Services Invoice Amount 307.23 430.12 71.69 1,024.09 767.50 767.50 535.00 535.00 84,607.00 84,607.00 3,364.22 236.00 384.00 287.00 270.00 320.00 320.00 422.00 276.00 330.00 198.00 62.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC. 02/10/2020 113337 0245782 101-43280-304 LA18-000034 2745 Kelly Pkwy Special Services 483.00 BOLTON & MENK INC. 02/10/2020 113337 0245783 602-49450-304 Drainage Improvements 20-022 Sewer 383.00 BOLTON & MENK INC. 02/10/2020 113337 0245784 602-49450-304 2020 Lift Station Topographic 20-019 Sewer 194.00 BOLTON & MENK INC. 02/10/2020 113337 0245785 651-49910-304 General Engineering Storm Water 230.00 BOLTON & MENK INC. 02/10/2020 113337 0245786 602-16500 2020 Sewer Improvements 20-014 Police Department 2,456.00 BOLTON & MENK INC. 02/10/2020 113337 0245787 435-48973-304 2020 Streets Improvements 20-001 2020 Street Improvments 14,005.00 BOLTON & MENK INC. 02/10/2020 113337 0245787 435-48973-304 2020 Streets Improvements 20-001 2020 Street Improvments 9,497.00 BOLTON & MENK INC. 02/10/2020 113337 0245788 225-45200-304 Bederwood Park Improvement 19-032 Police Department 894.00 BOLTON & MENK INC. 02/10/2020 113337 0245789 225-45200-530 Big Island Improvement Phase 1 19-033 Central Services 4,855.00 BOLTON & MENK INC. 02/10/2020 113337 0245789 225-45200-530 Big Island Improvement Phase 1 19-033 Police Department 3,971.00 BOLTON & MENK INC. 02/10/2020 113337 0245790 602-16500 CR 15 & 19 Reconstruct 19-021 356.00 BOLTON & MENK INC. 02/10/2020 113337 0245790 601-16500 CR 15 & 19 Reconstruct 19-021 Parks 356.00 BOLTON & MENK INC. 02/10/2020 113337 0245791 225-45200-304 East Long Lake Trail 20-029 4,856.00 BOLTON & MENK INC. 02/10/2020 113337 0245791 225-45200-304 East Long Lake Trail 20-029 5,333.50 Total 113337: 51,031.50 CARDMEMBER SERVICE 02/10/2020 113338 010620 101-45200-416 Big Island Security Camera Parks 19.98 CARDMEMBER SERVICE 02/10/2020 113338 010920 101-45210-201 Furniture Polish Golf Course 6.97 CARDMEMBER SERVICE 02/10/2020 113338 011020 225-45200-223 Park Bench Donation - Lydiard Beach Sewer 602.72 CARDMEMBER SERVICE 02/10/2020 113338 011620 101-45210-221 Tailgate Bushings for Utility Cart Golf Course 26.35 CARDMEMBER SERVICE 02/10/2020 113338 012420 101-42110-437 Bulletproof 2 Day Course - M. Siltala, M. Fournier Police Department 538.00 CARDMEMBER SERVICE 02/10/2020 113338 012820 101-45200-225 Park Bench Plate - Lydiard Beach Parks 88.50 CARDMEMBER SERVICE 02/10/2020 113338 012920 101-42110-201 Forfeiture Forms, Property Receipt Forms Police Department 110.00 CARDMEMBER SERVICE 02/10/2020 113338 012920-1 101-42110-402 Carwash Squad #261 Police Department 15.00 CARDMEMBER SERVICE 02/10/2020 113338 013020 101-41900-221 Paint for Outlet Plate - CC Central Services 9.67 CARDMEMBER SERVICE 02/10/2020 113338 013020 101-42110-437 Lake Area Emergency Management Meeting Police Department 11.29 CARDMEMBER SERVICE 02/10/2020 113338 020420 710-49970-416 Video Converting Software - PD 42.97 CARDMEMBER SERVICE 02/10/2020 113338 020620 101-45200-416 Big Island Security Camera Parks 19.98 Total 113338: 1,491.43 CENTERPOINT ENERGY MAIN 02/10/2020 113339 012320 602-49450-381 1222 Bracketts Pt Rd Gas 12/18/19-1/21/20 Sewer 6.23 CENTERPOINT ENERGY MAIN 02/10/2020 113339 12920 601-49400-381 Gas 12/20/19-1/22/20 Water 823.98 CENTERPOINT ENERGY MAIN 02/10/2020 113339 12920 602-49450-381 Gas 12/20/19-1/22/20 Sewer 1,037.22 CENTERPOINT ENERGY MAIN 02/10/2020 113339 12920 101-41900-381 Gas 12/20/19-1/22/20 Central Services 1,597.80 CENTERPOINT ENERGY MAIN 02/10/2020 113339 12920 101-42110-381 Gas 12/20/19-1/22/20 Police Department 518.66 CENTERPOINT ENERGY MAIN 02/10/2020 113339 12920 101-45210-381 Gas 12/20/19-1/22/20 Golf Course 261.52 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 113339: 4,245.41 Century Link 02/10/2020 113340 011920 101-45210-321 GC phone/internet 1/19-2/18/20 Golf Course 237.64 Total 113340: 237.64 CHRIS FISCHER 02/10/2020 113341 020220 101-42110-226 Reimburse -Clothing Police Department 39.96 Total 113341: 39.96 CINTAS CORPORATION 02/10/2020 113342 4041050818 101-43000-226 Uniform Public Works Department 59.54 CINTAS CORPORATION 02/10/2020 113342 4041050818 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 02/10/2020 113342 41678124 101-43000-226 Uniform Public Works Department 59.54 CINTAS CORPORATION 02/10/2020 113342 41678124 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 02/10/2020 113342 41678124 101-43000-404 Mat Service - PW Public Works Department 14.40 Total 113342: 138.74 CITY OF BLOOMINGTON 02/10/2020 113343 2000010 601-49400-489 Special Bacterial Water Testing Water 283.50 Total 113343: 283.50 CITY OF LONG LAKE 02/10/2020 113344 00201477 101-42260-318 1st Qtr 2020 Fire Service Fire Protection Services 100,525.00 Total 113344: 100,525.00 City of Orono Utilities 02/10/2020 113345 4TH QTR 20 101-42110-382 4th Quarter 2019 PD Police Department 228.18 City of Orono Utilities 02/10/2020 113345 4TH QTR 20 101-41900-382 4th Quarter 2019 CH Central Services 228.18 City of Orono Utilities 02/10/2020 113345 4TH QTR 20 101-41900-382 4th Quarter 2019 Post Office Central Services 181.14 City of Orono Utilities 02/10/2020 113345 4TH QTR 20 101-41900-382 4th Quarter 2019 PW Central Services 418.50 City of Orono Utilities 02/10/2020 113345 4TH QTR 20 601-49400-382 4th Quarter 2019 Water Plant Water 319.74 Total 113345: 1,375.74 CITYVIEW PLUMBING & HEATIN 02/10/2020 113346 103164327 101-45210-404 Clubhouse Boiler Repair Golf Course 591.58 Total 113346: 591.58 CIVIC SYSTEMS LLC 02/10/2020 113347 CVC18943 710-49970-575 Server Migration Project 600.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 113347: 600.00 COMPASS MINERALS AMERICA 02/10/2020 113348 583660 101-43000-224 2019-2020 Non Treated Road Salt Public Works Department 4,612.01 COMPASS MINERALS AMERICA 02/10/2020 113348 584323 101-43000-224 2019-2020 Non Treated Road Salt Public Works Department 2,327.70 Total 113348: 6,939.71 CONTINENTAL RESEARCH CO 02/10/2020 113349 0010562 602-49450-489 Sewer Wipes and Cleaner Sewer 506.00 CONTINENTAL RESEARCH CO 02/10/2020 113349 0010562 101-43000-489 Slik Public Works Department 292.00 Total 113349: 798.00 CORE & MAIN 02/10/2020 113350 L734284 601-49400-227 Hydrant Parts Water 6,718.83 CORE & MAIN 02/10/2020 113350 L800643 601-49400-227 Hydrant Parts Water 30.79 Total 113350: 6,749.62 DELTA DENTAL 02/10/2020 113351 CNS0000394 101-21709 4842130001 February 2020 Dental 3,182.33 Total 113351: 3,182.33 DOG WASTE DEPOT 02/10/2020 113352 317351 101-45200-223 Dog Waste Roll Bags-Lurton Parks 289.65 Total 113352: 289.65 EARL F ANDERSON & ASSOC 02/10/2020 113353 0122437 -IN 101-43000-224 Sign Replacement Public Works Department 112.60 Total 113353: 112.60 ECM PUBLISHERS INC 02/10/2020 113354 753729 101-45210-352 Seasonal Job Ads Golf Course 75.00 Total 113354: 75.00 ELIJAH'S TREECARE 02/10/2020 113355 011620 101-45200-404 Lowry Woods Tree Removal Parks 3,500.00 Total 113355: 3,500.00 EVENSON, CHRIS 02/10/2020 113356 020520 101-22205 Escrow Refund LA19-000085 2199 Shadywood Rd 700.00 EVENSON, CHRIS 02/10/2020 113356 020520 101-39615 Escrow Refund LA19-000085 2199 Shadywood Rd 21.00- City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 113356: 679.00 FASTENAL 02/10/2020 113357 MNPLY1200 701-49800-222 Unit 425 Wing Boot 117.55 FASTENAL 02/10/2020 113357 MNPLY1200 101-43000-226 Rubber Gloves Public Works Department 651.57 Total 113357: 769.12 G&H Distributing & Supply Inc 02/10/2020 113358 00141306 701-49800-221 Hydrant Hose 22.53 G&H Distributing & Supply Inc 02/10/2020 113358 00141486 701-49800-221 Western Snow Plow Hydraulic Hoses 72.77 Total 113358: 95.30 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-464273 701-49800-222 2008 Ford Steering Stabilizer Task 40957 61.99 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-464588 701-49800-222 Unit#110 Brake Pads Task 40945 246.74 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-464769 701-49800-221 Fuses 4.69 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-464886 701-49800-222 Wiper Blades Unit #428 31.96 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-465124 701-49800-222 Front End Repair Unit #431 Task 40957 78.98 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-465128 701-49800-222 Unit #431 Front End Repair Task 40957 61.99 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-465697 701-49800-222 Unit #431 Front End Repair Task 40957 134.99 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-466118 101-42110-402 Windshield Wash Police Department 9.57 GENUINE PARTS COMPANY/NA 02/10/2020 113359 3270-466275 701-49800-222 Hydraulic Repair Unit #428 Task 41329 4.40 Total 113359: 635.31 GMH ASPHALT 02/10/2020 113360 C13.114606. 402-48055-590 OCB Road Improvements request 8 OCB Road Reconstruction 15,649.19 GMH ASPHALT 02/10/2020 113360 C13.114606. 402-20600 OCB Road Improvements request 8 61,725.62 Total 113360: 77,374.81 GOPHERACE 02/10/2020 113361 A72514 101-43000-221 Utility Room Roof Reapri Task 40082 Public Works Department 1.70 GOPHERACE 02/10/2020 113361 B547147 701-49800-221 64 Mounting Bolts 13.55 GOPHERACE 02/10/2020 113361 B548414 101-43000-240 Tie Downs Public Works Department 47.98 GOPHERACE 02/10/2020 113361 B549385 701-49800-222 Unit #425 Tail Gate Repair 4.59 GOPHERACE 02/10/2020 113361 B549456 701-49800-221 PW Supplies Task 39831 33.98 GOPHERACE 02/10/2020 113361 B549463 101-43000-240 Shop Supplies Public Works Department 6.00 GOPHERACE 02/10/2020 113361 B549654 101-45210-240 3 Prong Outlet Adapters Golf Course 5.97 Total 113361: 113.77 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount GOPHER STATE ONE CALL 02/10/2020 113362 0010649 601-49400-489 locates Water 78.98 GOPHER STATE ONE CALL 02/10/2020 113362 0010649 602-49450-489 locates Sewer 78.97 Total 113362: 157.95 Gordon James Construction 02/10/2020 113363 2 614-16500 Project 19-044 Council Chambers & Conference Ro 2,500.00 Total 113363: 2,500.00 Hennepin County Property Tax 02/10/2020 113364 38 -2019 -AC 235-45690-489 TIF Administration 629.11 Total 113364: 629.11 IN CONTROL INC. 02/10/2020 113365 19053ND01 601-49400-405 Well 4 & North Tower SCADA Engineering Service Water 280.00 Total 113365: 280.00 JAMI WITTKE 02/10/2020 113366 012320 101-42110-226 Uniform Reimbursement Police Department 127.98 Total 113366: 127.98 JOHNSON CONTROLS FIRE PR 02/10/2020 113367 86471017 101-41900-404 Annual Fire Alarm Monitoring & Sprinkler Test Central Services 584.50 Total 113367: 584.50 KYLE KIRSCHNER 02/10/2020 113368 010420 101-42110-317 Xerxes Food Police Department 48.91 KYLE KIRSCHNER 02/10/2020 113368 010420 101-42110-317 Xerxes Food Police Department 41.72 Total 113368: 90.63 LANO EQUIPMENT 02/10/2020 113369 03-727682 701-49800-221 Unit 451 & 452 Repinning of Bucket Arms 560.50 LAND EQUIPMENT 02/10/2020 113369 03-728303 701-49800-222 Repair Unit #451 265.25 LAND EQUIPMENT 02/10/2020 113369 03-731351 701-49800-221 Return Parts Task 40843 Unit 451 146.84 - Total 113369: 678.91 LOGIS 02/10/2020 113370 48295 405-48500-575 Hosted Servers Project 4,468.75 LOGIS 02/10/2020 113370 48323 101-42110-310 Police Records 2/20 Police Department 7,305.00 LOGIS 02/10/2020 113370 48323 710-49970-329 Backups 2/20 804.00 LOGIS 02/10/2020 113370 48323 710-49970-329 Internet 2/20 509.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount LOGIS 02/10/2020 113370 48323 710-49970-311 Hosted Servers 2/20 963.00 LOGIS 02/10/2020 113370 48391 710-49970-221 Entrust Token 15.00 Total 113370: 14,064.75 MACQUEEN EQUIPMENT 02/10/2020 113371 P24476 701-49800-222 Truck#713 Parts 70.40 MACQUEEN EQUIPMENT 02/10/2020 113371 P24501 701-49800-222 Truck#713 Parts 457.73 MACQUEEN EQUIPMENT 02/10/2020 113371 P24541 701-49800-222 Truck#713 Parts 276.02 MACQUEEN EQUIPMENT 02/10/2020 113371 P24600 701-49800-222 Truck#713 Parts 171.56 Total 113371: 975.71 MANSFIELD OIL COMPANY 02/10/2020 113372 21633788 101-42110-212 Unleaded Fuel Police Department 3,108.72 MANSFIELD OIL COMPANY 02/10/2020 113372 21633789 701-49800-212 Diesel Fuel 1,284.37 MANSFIELD OIL COMPANY 02/10/2020 113372 21651879 101-42110-212 Unleaded Fuel Police Department 159.32 MANSFIELD OIL COMPANY 02/10/2020 113372 21651880 701-49800-212 Diesel Fuel 359.83 Total 113372: 4,912.24 Marie Jorland 02/10/2020 113373 011020 101-45210-331 Reimb Mileage Golf Course 34.80 Marie Jorland 02/10/2020 113373 120719 101-45210-331 Reimb Mileage to buy Supplies Golf Course 32.48 Marie Jorland 02/10/2020 113373 120719 101-45210-201 Reimburse for GC Supplies Golf Course 78.53 Total 113373: 145.81 MCPA 02/10/2020 113374 020520 101-42110-433 2020 Membership - J. McCoy Police Department 50.00 Total 113374: 50.00 MIKE WOCKEN 02/10/2020 113375 012820 101-42110-212 Forfeiture Vehicle Gas - Auction Police Department 10.00 MIKE WOCKEN 02/10/2020 113375 012820 101-42110-402 Service Fee for Squad #260 Police Department 48.00 Total 113375: 58.00 MINNESOTA EQUIPMENT 02/10/2020 113376 P88857 101-45210-221 Tee Box & Hydraulic Valve Golf Course 924.40 MINNESOTA EQUIPMENT 02/10/2020 113376 P88884 101-45210-402 Blade Sharpening - Rough Mower Golf Course 63.00 MINNESOTA EQUIPMENT 02/10/2020 113376 P88886 101-45210-221 Weed Whip Spark Plugs Golf Course 15.20 MINNESOTA EQUIPMENT 02/10/2020 113376 P88887 101-45210-221 Weed Whip Trimmer Head Golf Course 24.95 MINNESOTA EQUIPMENT 02/10/2020 113376 P89208 101-43000-226 Tree Safety Helmet Public Works Department 82.95 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Department Invoice Amount Sewer Sewer Sewer Sewer Sewer Storm Water Sewer Police Department Police Department Golf Course Golf Course Golf Course Golf Course Public Works Department 1,110.50 390.00 390.00 390.00 390.00 390.00 1,950.00 3,927.00 3,927.00 8,742.44 8,392.74 262.50 262.50 21.98 47.96 907.46- 390.00 3,336.69 1,014.42 24,170.59 28,004.24 1,020.22 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 113376: Minnesota Pollution Control Agen 02/10/2020 113377 2020.CLARK 602-49450-437 Conference Registration: B Clark Minnesota Pollution Control Agen 02/10/2020 113377 2020.GOMA 602-49450-437 Conference Registration: D Goman Minnesota Pollution Control Agen 02/10/2020 113377 2020.MAUR 602-49450-437 Conference Registration: B Maurer Minnesota Pollution Control Agen 02/10/2020 113377 2020.OBRIE 602-49450-437 Conference Registration: R Obrien Minnesota Pollution Control Agen 02/10/2020 113377 2020.PALME 602-49450-437 Conference Registration: G Palmer Total 113377: Minnesota Topsoil 02/10/2020 113378 2020001 651-49910-406 Yard Waste Haulout Total 113378: MN DEPT OF LABOR & INDUST 02/10/2020 113379 DECEMBER 101-20802 DECEMBER0531702019 Surcharge MN DEPT OF LABOR & INDUST 02/10/2020 113379 DECEMBER 101-39610 DECEMBER0531702019 Surcharge Total 113379: Modern Power Solutions 02/10/2020 113380 0387 602-49450-406 Diagnose LS 14 Total 113380: MOUND TRUE VALUE 02/10/2020 113381 165709 101-42110-240 Garage Lights PD1 MOUND TRUE VALUE 02/10/2020 113381 165816 101-42110-240 Car Wash and Mouse Killer Total 113381: MTI DISTRIBUTING INC 02/10/2020 113382 082819-1 101-45210-404 Golf Irrigation Winterization MTI DISTRIBUTING INC 02/10/2020 113382 1230505-00 101-45210-223 Irrigation Pump Replacement Labor MTI DISTRIBUTING INC 02/10/2020 113382 1241974-00 101-45210-402 Golf Reel Sharpening MTI DISTRIBUTING INC 02/10/2020 113382 1242000-00 101-45210-221 Greensmower Rollers MTI DISTRIBUTING INC 02/10/2020 113382 1243418-00 405-48500-580 Aerator Total 113382: MUNSON LAKES NUTRITION 02/10/2020 113383 0541877 101-43000-226 PPE Replacement Apparel Department Invoice Amount Sewer Sewer Sewer Sewer Sewer Storm Water Sewer Police Department Police Department Golf Course Golf Course Golf Course Golf Course Public Works Department 1,110.50 390.00 390.00 390.00 390.00 390.00 1,950.00 3,927.00 3,927.00 8,742.44 8,392.74 262.50 262.50 21.98 47.96 907.46- 390.00 3,336.69 1,014.42 24,170.59 28,004.24 1,020.22 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Department Sewer Water Golf Course Police Department Police Department Central Services Central Services Elections Central Services Police Department Central Services Central Services Invoice A-- 1,020.22 -- 1,020.22 3.49 11.84 188.90 40.37 37.93 �A� n4 638.31 103.41 7.27 20.99 28.59 12.99 59.98 80.82 200.75 200.75 105,095.00 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 113383: NAVARRE HARDWARE 02/10/2020 113384 322615 602-49450-240 Utility Adhesive Hook NAVARRE HARDWARE 02/10/2020 113384 322690 601-49400-489 UPS Shipping Charge Total 113384: NCPERS GROUP LIFE INS. 02/10/2020 113385 6732000220 101-21710 Pera life 02/2020 Total 113385: NEWEGG INC 02/10/2020 113386 1302594698 101-45210-221 Printer for GC NEWEGG INC 02/10/2020 113386 1302594862 710-49970-221 Plotter Ink NEWEGG INC 02/10/2020 113386 1302596442 710-49970-221 Council Chambers Cable NEWEGG INC 02/10/2020 113386 1302596639 101-42110-221 Squad Car Printer NEWEGG INC 02/10/2020 113386 1302602617 101-42110-221 Printer Cable for Squad Cars Total 113386: OFFICE DEPOT 02/10/2020 113387 4306085770 710-49970-221 Toner OFFICE DEPOT 02/10/2020 113387 4306085770 101-41900-201 Office Supplies OFFICE DEPOT 02/10/2020 113387 4306093930 101-41900-201 Wall Calendars OFFICE DEPOT 02/10/2020 113387 4306093940 101-41410-221 Extension Cord OFFICE DEPOT 02/10/2020 113387 4306093950 101-41900-201 Labels OFFICE DEPOT 02/10/2020 113387 4306093964 710-49970-221 Flash Drives OFFICE DEPOT 02/10/2020 113387 4337722930 101-42110-201 USB Drives OFFICE DEPOT 02/10/2020 113387 4350443170 101-41900-201 Office Supplies Total 113387: OLSEN CHAIN AND CABLE INC 02/10/2020 113388 649477 701-49800-222 Chain Links Total 113388: OPTUM 02/10/2020 113389 9411102 101-41900-319 HSA maintenance fee 4th Qtr 2019 Total 113389: PEMBER COMPANIES 02/10/2020 113390 RFP 1 602-16500 2019 Sewer improvements Department Sewer Water Golf Course Police Department Police Department Central Services Central Services Elections Central Services Police Department Central Services Central Services Invoice A-- 1,020.22 -- 1,020.22 3.49 11.84 188.90 40.37 37.93 �A� n4 638.31 103.41 7.27 20.99 28.59 12.99 59.98 80.82 200.75 200.75 105,095.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Department Invoice Amount 358.00 115.00 91 sn 498.70 Parks Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Golf Course 45.12 PEMBER COMPANIES 02/10/2020 113390 RFP 1 602-20600 2019 Sewer Improvements Total 113390: 6,832.00 6,832.00 Golf Course 28.05 Perry's Truck Repair 02/10/2020 113391 50467 701-49800-221 Plow Repair Perry's Truck Repair 02/10/2020 113391 50531 701-49800-221 plow repair #431 Perry's Truck Repair 02/10/2020 113391 50539 701-49800-221 Cutting Edges Perry's Truck Repair 02/10/2020 113391 50590 701-49800-221 plow Parts Total 113391: PROLAWNS 02/10/2020 113392 010320 101-45200-404 2020-Parks/City Hall lawncare PROLAWNS 02/10/2020 113392 21247 101-45210-404 2020 GC Fertilizer/Pesticides PROLAWNS 02/10/2020 113392 21247 101-45210-223 2020 -GC Fertilizer/Pesticide Total 113392: RANDYS ENVIRONMENTAL SER 02/10/2020 113393 JANUARY 20 101-41900-404 Garbage Service RANDYS ENVIRONMENTAL SER 02/10/2020 113393 JANUARY 20 101-45210-404 Garbage Service Total 113393: SAFETY VEHICLE SOLUTIONS 02/10/2020 113394 2008 405-48500-550 Emergency/Scene Lighting for Bucket Truck 19-037 Total 113394: SHAUGHNESSY LAWN CARE 02/10/2020 113395 011020 101-45200-404 Park Mowing Total 113395: SHERWIN WILLIAMS 02/10/2020 113396 3053-2 101-45210-240 paintbrushes SHERWIN WILLIAMS 02/10/2020 113396 3079-7 101-45210-240 Paint Brushes SHERWIN WILLIAMS 02/10/2020 113396 7341-2 101-45210-240 Paint Brushes Total 113396: SPRINGHILL GOLF CLUB 02/10/2020 113397 020620 101-22205 Escrow refund 15-3729Refund 12-3585 725 Cty Rd Total 113397: Department Invoice Amount 358.00 115.00 91 sn 498.70 Parks 6,102.42 Golf Course 6,283.50 Golf Course 6,283.50 18,669.42 Central Services 604.21 Golf Course 45.12 649.33 768.00 768.00 Parks 6,832.00 6,832.00 Golf Course 28.05 Golf Course 4.67 Golf Course 17.32 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 1/28/2020 - 2/10/2020 Feb 06, 2020 03:39PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount STAR TRIBUNE 02/10/2020 113398 020420 101-41900-352 2/4/20-2/2/21 Subscription 3009532 Central Services 182.00 Total 113398: 182.00 THE HOME DEPOT 02/10/2020 113399 1314045 601-49400-227 Hydrant Supplies Water 36.84 THE HOME DEPOT 02/10/2020 113399 231442 101-43000-240 Shop Supplies Public Works Department 73.22 THE HOME DEPOT 02/10/2020 113399 5015220 101-45210-221 Door Closer Golf Course 11.78 THE HOME DEPOT 02/10/2020 113399 662529 101-45210-404 Clubhouse Thermostat Golf Course 27.78 THE HOME DEPOT 02/10/2020 113399 9014703 101-43000-240 Tractor Tools - less applied credit Public Works Department 114.20 THE HOME DEPOT 02/10/2020 113399 9084004 101-45210-221 Push Mower Blades Golf Course 46.43 Total 113399: 310.25 THOMSON WEST 02/10/2020 113400 841739025 101-42110-311 West Information 1/20 Police Department 204.96 Total 113400: 204.96 TROPHIES BY LINDA 02/10/2020 113401 44754 101-42110-437 plaque Police Department 45.00 Total 113401: 45.00 U.S. AutoForce 02/10/2020 113402 7495073 101-42110-402 Squad Tires Police Department 1,382.88 Total 113402: 1,382.88 US Bank Equipment Finance 02/10/2020 113403 405779729 710-49970-413 Copiers 656.44 Total 113403: 656.44 VISU SEWER CLEAN & SEAL IN 02/10/2020 113404 18-002-2 602-16500 2018 Sewer Improvement 18-002 63,394.60 VISU SEWER CLEAN & SEAL IN 02/10/2020 113404 18-002-2 602-20600 2018 Sewer Improvement 18-002 3,169.73- VISU SEWER CLEAN & SEAL IN 02/10/2020 113404 18-002-3 602-20600 2018 Sewer Improvement 18-002 2,660.14- VISU SEWER CLEAN & SEAL IN 02/10/2020 113404 18-002-3 602-16500 2018 Sewer Improvement 18-002 53,202.80 Total 113404: 110,767.53 WILLIAMS TOWING 02/10/2020 113405 152577 231-45650-436 Case #OR20000617 2010 Lincoln 155.00 Total 113405: 155.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/28/2020 - 2/10/2020 Check Check Invoice Invoice GL Account Payee Issue Date Number Number Description Page: 13 Feb 06, 2020 03:39PM Department Invoice Amount Grand Totals: 686,719.06 AGENDA ITEM Item No.: 4 Date: February 10, 2020 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period of February 10, 2020 to December 31, 2021. 2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A for the license period of February 10, 2020 to December 31, 2021. The Rental License Applicants in Exhibit A have submitted all of the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental licenses listed in Exhibit A for the license period of February 10, 2020 to December 31, 2021. Exhibits A. Listing of Rental Licenses Prepared By: A.Carlson Reviewed By: A.Carlson Approved By: j1V Exhibit A City Council 2019 Rental License License# Licensee I Total License Fees RL20-000001 Nam Pham 100 RL20-000002 Dan McIntosh 100 AGENDA ITEM Item No. 5 Date: February 10, 2020 Item Description: Approval of Kennel License Renewals Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the 2020 Kennel License. 2020 ANNUAL KENNEL LICENSE RENEWALS — APPLICANT RESIDENTIAL KENNEL LICENSES • Carie Lundberg 2485 Thoroughbred Lance • Woof Diversified, LLC dba Woofington 3596 Shoreline Drive • Jennifer Bichanich 332 West Lake Street • Frank Plachecki 3685 North Shore Drive 2. Staff Recommendation. The kennel license applicants listed above have met the requirements and submitted complete applications. Staff recommends approval of the 2020 residential kennel license applications. COUNCIL ACTION REQUESTED Motion to approve the above listed Kennel licenses for 2020. Prepared By: A.Carlson Reviewed By: A.Carlson Approved By: j1V AGENDA ITEM Q)V, Item No.: 6 Date: February 10, 2020 Item Description: Ferndale Road North — Pre Award Approval Gti Presenter: Adam T. Edwards Agenda Consent Agenda Esxo4� Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action item is to gain Council approval prior to award per Joint Powers Agreement (JPA) with the City of Plymouth for a road maintenance project on Ferndale Road N. 2. Background. Ferndale Road N is a shared roadway. Plymouth owns the east side from the centerline from County Road 6 down to their southern boundary and Orono owns the west side to the southern boundary of Plymouth and then the entire pavement south to the bridge over Hwy 12. North Ferndale Road is an MSA road for both Orono and Plymouth. Plymouth has taken the lead on development of a mill and overlay project for the pavement. Plymouth has contracted with SRF consulting to conduct the feasibility study as well as the design and engineering for the project. Plymouth offered to lead the project and provide the initial financing for the project with the City of Orono repaying Plymouth for our portion over the next three years. In May of 2019 the Cities entered in a JPA for the project. The project was bid in fall of 2019 however bids came back very high. This winter the City of Wayzata also joined the project so that the entirety of Ferndale Road N from Wayzata Blvd. to County road 6 will be included. Plymouth rebid the project in January. 3. Project Scope. The project consists of milling and overlaying the asphalt pavements. Spot repairs of curbing and stormwater and all associated engineering and construction management. 4. Cost. Plymouth received six bids.The low bid was from Valley Paving for $4,104,503.05. The portion Orono is responsible for is $349,002.0 5. Funding. Projects will be funded with a combination of the MSA Maintenance Fund and Stormwater Fund. Estimated annual allotment the MSA Maintenance Account is $100,000. Per the JPA Plymouth will bill Orono in three annual instalments of $116,334. Estimated Orono Cost Pavement I Stormwater Total $ 296,373.40 1 $ 52,628.60 $ 349,002.00 Fund Cost Estimate MSA Maintenance Fund $ 296,373.40 Stormwater Fund $ 52,628.60 Total $ 349,002.00 6. JPA Summary. The JPA is attached. Key points include: The City of Plymouth will provide overall management of the project; each city will be responsible for payment for work done within their boundaries; design and engineering fees will be split equally; both cities must accept the construction bid prior to award; and Orono will repay Plymouth in three annual installments. 7. Staff Recommendation. Staff recommend award of the project to Valley Paving. COUNCIL ACTION REQUESTED: Move to approve that the City of Plymouth award the street maintenance project on Ferndale Road N to Valley Paving per the Project JPA. Exhibits A. Bid Tab B. JPA Prepared By: 7E Reviewed By: 4J Approved By: -TV Exhibit A. Si1F -7�7o. 12319.00 January 23, 20120 Mr_ Chris LaBcun7�, PE City Engineer Cit? of P17MOuth 3400 Pl7nionth Boulevard Plymouth. 111N 55447-1482 SUBJECT: Vicksburg Lane Pavement Reclamation and Ferndale Road Mill and Clver127 Project— Award Recommendation Dear lfr. LaBounty Sealed bids were opened for the referenced projects on T usday Januar- 23, 2020, at the Plymouth City Hall. A total of six bids were received. All bids have been reviewed and checked. The bids are tabulated below, in order of value and a detailed tabulation attached: CONTRACTOR TOTAL B DD 1. Valley Paving, Inc. 54,104,503.05 2_ Park Constriction Compaa7 S4,121,312.09 3. GMH Asphalt Corporation 54,125,809.63 4. C.S. McCrossan Construction Inc. S4,348,866.21 5. BitEuninow Roafta;s, Inc. $4,490,661.00 6_ Northwest Asphalt, Inc. $4,588,917.40 ENGINEER'S ES-11MATE $4.252.741.61 Tlie low bid is 3.5 percent below the final Engineer's Estimate. The difference between the low and high bid is 10.6 percent. It is ciu opinion that the costs and range of proposals reflects the current bidding climate which has shown contractors and suppliers that are providing fluctuating bid unit prices. These bids are consistent kith what vcas anticipated for costs. The engineers estimate fell inmo - e range of bids for this projects We recommend the Contract be av,aideed to the apparent lova- bidder, Valley Pacing, Inc. in the amount of 34,104,503.05_ Please contact us with anv questions or concerns regarding this project Sincefelc; SRF CCii.',SL'LTING GRoup. 1,\,c. Michael R. Turner, REE (.\LN; SID, TXl Pruycipal cc: Michael Payne, Plpmouth 14lich2el Thompson, Plymouth 'ypygs�rcnm}f., .<a .,c rap,31—r% TB a{Av 3_ www. srfcon su[tin g.cpm 1 Carlson Parkway North, Suite 1501 1 Minneapolis, MN 55447-4453 1 763.475.CGIC -ax: 1.866.440.6364 .fin Eguei f,`�barrsmri� Enn�:a, frr JOINT POWERS AGREEMENT BETWEEN THE CITY PLYMOUTH AND THE CITY OF ORONO FOR THE MILL AND OVERLAY OF FERNDALE LANE FROM COUNTY ROAD 6 TO HIGHWAY 12 THIS AGREEMENT is entered into between the CITY OF PLYMOUTH, a Minnesota municipal corporation (hereinafter referred to as "Plymouth") and the CITY OF ORONO, a Minnesota municipal corporation (hereinafter referred to as "Orono"), with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the mill and overlay of Ferndale Lane between County Road 6 and Highway 12 in the cities (the "Project"); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, Plymouth will prepare the plans and specifications for the Project (the "Plans"). NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. Plymouth will prepare plans and specifications for the Project consistent with Plymouth and Orono design standards. After final design of the project has been completed Plymouth shall provide Orono with the Plans and an estimate of cost detailing the expected responsibility of each party. 2. BIDDING. Plymouth will advertise for bids for the construction of the Project in accordance with Minnesota law and will provide Orono with an analysis of the bids received. Plymouth may reject the bids. If Plymouth rejects the bids, Plymouth may terminate this Agreement. Plymouth must obtain Orono's approval of the bid before awarding a contract. 3. CONTRACT AWARD. Plymouth shall prepare contract documents and enter into a contract with the approved bidder. 4. CONSTRUCTION. Plymouth will provide the construction of the Project in accordance with Minnesota Law and will provide Orono with a summary of the quantities of materials required to construct Orono's portion of the Project. 5. COST ALLOCATION. Relevant project costs shall be paid by each Party in accordance with the construction quantity tabulation for items attributable to each Party. Project costs include actual constructions quantities and costs. Project costs also include fees incurred from Plymouth's designated engineer, SRF Consulting Group, Inc. Fees from Plymouth's designated engineer, pursuant to the Agreement for Engineering Services dated December 11th, 2018, shall be split equally between the Cities. Any fees resulting from amendments to the agreement with Plymouth's designated engineer shall be paid as mutually agreed upon by the Cities. Project costs do not include costs associated with the parties' employees. 6. OWNERSHIP. Each party shall own the portion of the Project located within its corporate boundaries. 7. PAYMENT. Plymouth will act as the construction agent and all quantities will be tabulated by Plymouth. Plymouth, in turn, will bill Orono for their portion of the Project costs in three annual installments beginning on December 31, 2019. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 8. RULES AND REGULATIONS. Plymouth shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 9. INDEMNIFICATION. Plymouth agrees to defend, indemnify, and hold harmless Orono against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Plymouth and/or those of Plymouth employees or agents. Orono agrees to defend, indemnify, and hold harmless Plymouth against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Orono is responsible, including future operation and maintenance of facilities owned by Orono and caused by or resulting from negligent acts or omissions of Orono and/or those of Orono employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 10. WAIVER. Any and all persons engaged in the work to be performed by Plymouth shall not be considered employees of Orono for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said Plymouth employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Orono. The opposite situation shall also apply: Plymouth shall not be responsible under the Worker's Compensation Act for any employees of Orono. 11. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Plymouth and Orono relevant to the Agreement are subject to examination by Plymouth, Orono, and either the Legislative Auditor or the State Auditor as appropriate. Plymouth and Orono agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 2 12. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between Plymouth and Orono regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF PLYMOUTH BY: —. Jeffry Wosje, Mayor ANP� Dave Callister, City Manager CITY OF ORONO sklov,�dwa- Dennis Walsh, Mayor AND F Dustin Riclrf, Cit inistrator AGENDA ITEM Item No.: 7 Date: February 10, 2020 Item Description: Old Crystal Bay Road (CSAH 112-CSAH 6) Road Pay Application No. 8 - Final Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action item is to gain Council authorization for Pay Request No. 8 — Final for the Old Crystal Bay Road (OCB) road reconstruction project. 2. Background. In July 2017 Council authorized Staff to complete a feasibility study of street. On November 27`h the Council authorized staff to initiate design work. Council approved the preliminary design on January 22nd, 2018. The project was awarded on May 29ti', 2018. The project was substantially completed in 2018 with restoration work completed in 2019. 3. Scope. The Project consisted of the reconstruction and reconfiguration of Old Crystal Bay Road between County Road 112 and County Road 6 and well as the replacement of associated water, sewer and storm water utilities. 4. Cost. Pay Request 8 is for $77,374.81. This included payment of the retainage. Total payments to Park Construction including Pay request 8 is $3,101,930. The bid Amount was $3,073,421.24. 5. Project Funding. This project is funded from MSA, the Storm Water fund, Water fund, and Sewer Fund. In addition as this is project was completed in partnership with the school district. 6. Staff Recommendation. All project close out documents have been received. I recommend award to GMH Construction be paid $77,374.81 and the project closed out. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 8 -Final to GMH Construction in the amount of $77,374.81 for the Old Crystal Bay Road Street Reconstruction Project. Exhibits A. Pay Request Prepared By: 7E Reviewed By: -Sb)6Z Approved By: -T)X CONTRACTOR'S PAY REQUEST DISTRIBUTION: OLD CRYSTAL BAY ROAD IMPROVEMENTS CONTRACTOR (1) OWNER (1) SAP 152-102-017 ENGINEER (1) CITY OF ORONO, MN BONING CO. (7) BM[ PROJECT NO. C13.114606 TOTAL. AMOUNT BID PLUS APPROVED CHANGE ORDERS $3,073,421.24 TOTAL, COMPLETED WORK TO DATE $3,101,930.16 TOTAL, STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $3,101,930.16 RETAINED PERCENTAGE ( 0%) $0.00 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $3,101,930.16 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $3,024,555.35 PAY CONTRACTOR AS ESTIMATE NO, 8 $77,374.81 Certificate for Final Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: GMH Asphalt Inc. 9180 Laketown Road Chaska, N 55318 By 7 Name Title Date ` J-- 90 Bond (€2272032 Approved'VL26 ]North American Specialty insurance uompany,Contractor's Surety Sandra M. lEngstrum, ttarney-in- ac CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENG#NEER: BOLTON & MbENK, INC., 2638 SHADOW LANE, SUITE 200, CHASKA, MN 55318. By —r). 7' T� , PROJECT MANAGER DAVID P. MARTINI, P.E. Date 11/22/2019 APPROVED FOR PAYMENT: OWNER.y By City Engineer 5 Feb 20 Name Title Date And Name Title Date AGENDA ITEM Item No.: 8 Item Description: Approval to Accept Donation Date: February 10, 2020 Presenter: Correy Farniok Agenda Consent Agenda Police Chief Section: 1. Purpose. The purpose of this action item is to gain approval to accept a donation from Levy's. 2. Background. The Police Department has received a $200.00 donation from Mrs. Morris G Levy. The donation in appreciation to the Orono Police Department. 3. Project Scope. Apply the $200.00 donation towards Orono Police Department awards and recognition banquet. 4. Staff Recommendation. I recommend approval to accept the $200.00 donation. COUNCIL ACTION REQUESTED Motion for approval and to accept the $200.00 donation. Prepared By: Correy Farniok Reviewed By: -Sb)R Approved By: -TV AGENDA ITEM Item No.: Date: February 10, 2020 Item Description: LA19-000098 — Joe Hahs / Evergreen Construction, 2385 Shadywood Road, CUP — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding a conditional use permit for office use. 2. MN§15.99 Application Deadline. The application was received on November 24, 2019 and considered to be complete on December 18th. The 60 -day review period was extended and expires on April 16, 2020. 3. Background/ Summary. The applicant is requesting conditional use permit (CUP) approval for office use. The building has been used as an office in the past. The existing building is primarily remaining as -is on the exterior, with exception of changes to signage, parking lot improvements, removal of a deteriorating porch, and installation of an accessible ramp with deck and landings for access to the side door. An administrative site plan review is required, which will be completed prior to issuance of a building permit. 4. Planning Commission Vote and Comment. On January 21St, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 3 to 0 in favor of a motion to approve the CUP. Commissioner Libby abstained. 5. Public Comment. Comments were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits of 01/21/2020 A. Application B. Existing Survey C. Proposed Grading/Site Plan D. Proposed Plans and Elevations E. Building Floorplan Layout Prepared By: V11GG Reviewed By: J. Barnhart Approved By: _SbV AGENDA ITEM F. Submitted Hardcover Calculations G. Aerial Photos H. Parking Information I. Property Owners List J. Plat Map Prepared By: VVGG Reviewed By: J. Barnhart Approved By: -SbV F CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-644 & 78-916 FILE NO.LA19-000098 WHEREAS, on November 24, 2019, Joe Hahs, owner of Evergreen Construction, (herein after the "Applicant"), applied for a conditional use permit pursuant to the City Code for the property addressed 2385 Shadywood Road and legally described as: That part of Lot 5, Block 3, Townsite Of Langdon Park described as beginning at a point on the West line of said Lot 5 distant 105.5 feet North from the Southwest corner of said Lot 5; thence North along said West line a distance of 77.20 feet; thence North 74 degrees 24 minutes East (assuming said West line as bearing North) a distance 202.4 feet, more or less, to the Southwesterly right-of-way line of County Road Number 19; thence Southeasterly along said Southwesterly right-of-way line, a distance of 75 feet more or less to an intersection with a line bearing North 74 degrees 24 minutes East from the point of beginning; thence South 74 degrees 24 minutes West a distance of 230.63 feet, more or less, to the point of beginning, except that part thereof embraced within the South 149.5 feet of the West 119.5 feet of said Lot 5, and except that part of said Lot 5 lying North of the South 149.5 feet of said Lot 5 and Westerly of a line bearing North 21 degrees 31 minutes West drawn from the Northeast corner of the South 149.5 feet of the West 119.5 feet of said Lot 5, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit ("CUP") pursuant to Orono Municipal Zoning Code Sections 78-644 and 78-916 in order to allow an office use of the Property; and WHEREAS, on January 21, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2020, the Planning Commission recommended approval of the CUP for office use; and WHEREAS, on February 10, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP for office use as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000098. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the B-1 Retail Sales Business District. 3. The Property contains 7,625 square feet in area. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following CUP: a. Conditional Use Permit for Office Use 6. In considering this application for CUP for office use, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CUP ANALYSIS: On the basis of the application and the evidence submitted, the City finds that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 3. Adequately served by police, fire, roads, and stormwater management; This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Provided with an adequate water supply and sewage disposal system; This criterion is met. 5. Not expected to generate excessive demand for public services at public cost; This criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is met. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This criterion is met. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; This criterion is met. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; This criterion is met. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This criterion is met. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and 15. Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-916 to allow an office use of the Property, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved office use shall conform to the zoning code. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, and are permissive only. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 10th day of February, 2020. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor ,11,2.410 f Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com .4' t0� 49 µ'P5.IA•y9",L 51 tm V r"q"41 Site Plan 1" = 10' Awb* If Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 SITE AND GRADING ]PLAN �= --DENOTES C]RCIR -. — — — —DENOTES — — —DENOTES —® DENOTES EXISTING SPOT ELEVATION EXISTING GRADE CONTOUR DENOTES PR SPOT ELEVATION OYES PROPOSED GRADE CONTOUR CAS LINE WATER MAIN NCE SERVICE DENOTES DRAINAGE DIRECTION FENCE WOOD FENCE DENOTESSTORM SEWER MANHOLE 0 ® I DENOTES SANITARY SEWER MANHOLE DENOTES WATER =MANHOLE O N DENOTES GAS METER DENOTESELECTRIC v w w— Tj METER DENOTES UTILITY POLE DENOTES OVERHEAD UTILITY WIRES ENOTES FIRE HYDRANT ® �CENOTES o DENOTES CONCRETE SURFACE DENOTES BLOCK OR STONE RETAINING WALL P—SED SILT FENCE DENOTES LIGHT POLE 0 J � z = W 0-5 =Z W / O 0 Q ` <J Q zw 10I� L_L TOWNSITE OF 'MW. 11 PERCENT IuvEA nD�USR�(2Seb/T6R5)�oo-329# LANGDON PARK l_ 1� � +F 1 m eeer ) SITE AREA 7625 SQ. FT. OR 0.18 ACRES SITE ADDRESS: 2385 SHADYWOOD ROAD, ORONO, MN 55391 .y' �o a� o0 o 7J � LANGDON PARK l_ 1� � +F 1 m eeer ) SITE AREA 7625 SQ. FT. OR 0.18 ACRES SITE ADDRESS: 2385 SHADYWOOD ROAD, ORONO, MN 55391 �= --DENOTES C]RCIR -. — — — —SANITARY — — —DENOTES —® DENOTES EXISTING SPOT ELEVATION EXISTING GRADE CONTOUR DENOTES PR SPOT ELEVATION OYES PROPOSED GRADE CONTOUR DID AS LINE WATERCM NCE SERVICE DENOTES DRAINAGE DIRECTION FENCE WOOD FENCE DENOTESSTORM SEWER MANHOLE 0 ® I DENOTES SANITARY SEWER MANHOLE DENOTES WATER =MANHOLE O N DENOTES GAS METER DENOTESELECTRIC v w w— Tj METER DENOTES UTILITY POLE DENOTES OVERHEAD UTILITY WIRES ENOTES FIRE HYDRANT ® �CENOTES 4 DENOTES CONCRETE SURFACE DENOTES BLOCK OR STONE RETAINING WALL PROPOSED SILT FENCE DENOTES LIGHT POLE TOWNSITE OF Y �� � ' .� •.,, � DT.aD, _mow--ar" I ,.,,,. .�.,,� � � � �-n � BLOCK 3"_ • \ \ �J o INSTALL SILT FENCE OR SIOROLLS, TYPICAL, SEE l_ 1\ 1� ]RD SL LANGDON PARK ImRer) SITE AREA 7625 SQ. FT. OR 0.18 ACRES SITE ADDRESS: 2385 SHADYWOOD ROAD, ORONO, MN 55391 b \ R anf INSTALL SILT FENCE OR SIOROLLS, TYPICAL, SEE l_ 1\ 1� ]RD SL LANGDON PARK ImRer) SITE AREA 7625 SQ. FT. OR 0.18 ACRES SITE ADDRESS: 2385 SHADYWOOD ROAD, ORONO, MN 55391 FRONT VIEW BACK VIEW Ali Awad AIA Joe Hahs 612.282.3161 2385 Shadywood ali@awadandkoontz.com Concept Plans December 17, 2019 MMM MMM NEW MEN I)6 � cedar brackets ramp and landing milli ■■■i — ■■■ ■ mill i ■w■■i ■moi■ � .r }, I ■II■ MINIMUM illlll IFI _ existing brick chimney repair/tuck point as needed standing seam metal roof Hardie shake siding 514 window trim with flashing shutters flower boxes Ali Awad, AIA Front- East Elevation 1/4" =1'-0" Joe Hahs 612282.3161 2385 Shadywood ali@awadandkoontz.com Concept Plans December 17, 2019 3 solar panels wood deck and ramp with railing J H h Ali Awad, AIA South Elevation 1/4" =1'-0" oe a s 612282.3161 2385 Shadywood ali@awadandkoontz.com Concept Plans December 17, 2019 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com West Elevation 1/4" = V-0" Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 Ali Awad, AIA North Elevation 1/4" = 1'-0" Joe Hahs 612.282.3161 2385 Shadywood ali@awadandkoontz.com Concept Plans December 17, 2019 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com 25'-0" Basement Plan 1/4" = 1'-0" /N Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 25'-0" IV 8'-9" 151-01. J H h Ali Awad, AIA Main Floor Plant/4" =1'-0" oe a s 612282.3161 2385 Shadywood ali@awadandkoontz.com Concept Plans December 17, 2019 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com OXIM Upper Level Plan 1/4" = 1'-0" Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 Front View Schematic BLDG FOR STILE 4R LM I II R90 i AVOTME DAVE f Uli 3sEN ��� P'al 11r'kr'•� Side View Cabinet Retainer Pan Face Cabinet Is Double Sided RM ELECTRO SIGNS AND DESIGN, LLC • i • • i ;ign Cabinet Is Internally luminated With Led 3' Design • SIDING •WINDOWS 6.5' Color Key: ■ Mediuim Green ■ Dark Green White Second Surface Graphics First Surface Graphics QTY 1 Double Sided New Hyoco Digital Reader Black Retainers Black Sides c o i o U N N/ Prepared For: Evergreen Project Name/# Pan Face Pylon Cabinet Signs Sales Rep Deven Ziertman Rendering # s This is an original unpublished design, created by Electro Signs and Design, I.I.C. It is submitted for your personal use in connection DESIGN • MANUFACTURE • INSTALL • REPAIR interior& exterior signage with the project being planned for you by Electro Signs and Design, LLC. It isnottobeshown toanyone outside ofyourorganization, nor is 1680 99th LN NE • Suite C •Blaine, MN 55449 • (Office) 763.785.7968 • ElectroSignDesign.com to be used, reproduced, copied, orexhbitedinany fashion without the written permission ofElectroSigns anDesign, LLC.All orany part of this design (except registered trademarks) remain the property of Electro Signs and Design, LLC, An Artwork Design fee of $1,000.00 will be charged for this Design if used without permission from Electro Signs and Design, LLC. CERTIFICATE OF S SIR VE Y LegalDescription: (Certificate of Title No.1127232) oaOijPe.ea. a°�sma �oieaa Danoetl RLS 16464 of s DenOfes umer9roem HieeeL'nene Una¢Dr oona I¢P on¢ one Dene es Fr,ydron QDenefes Dec,aeeee Tree Rr -n-DenOlee ® ® — That pert of Lot 5,h.11.1 ock 3, Bit, Of Langden Park described es beginning at oDenote¢ _• C T O W N I T E O F a D¢nnfe¢ u IRty M¢nM1oleeCov¢ol ® Denefes point on the West of said Lot 5 distant 105.5 feet North from the Southwest Denefes concrete seance J -11 R TV n •„ �,\ `4R of said Int 5; thence North along said West line a distance of 77.20 feet; �O thence North 74 degrees 24 minutes East (assuming said West line as bearing I I -- - \ \ North) a distance 202.4 feet, mora or less, to the Southwesterly right-of-way line I I l rw tg - of County Hoed Number 19; thence Southeasterlyalong said Southwesterly It,,, distance 75 feet less to intereeation az SOUTH LINE OF SECTION 17,-- n --� - right-of-way a of more or an with A line bearing North 74 degrees 24 minutes East from the point of beginning; 1332 40 TOWNSHIP 117, RANGE 23 N89'45'10'E 1332.40 _ ' _ _ _ _ - - TyEAST CORNER OF - thence South 74 degrees 24 minutes West a distance of 230.63 feet, more or less, except that par- to the point of beginning, et thereof embraced Within the South 149.5 feet of said Let 5 and Westerly of a line bearing North 21 degrees at BASIS OF BEARINGS: HENNEPIN COUNTY COORDINATES (NAD83) 1966 ADJUSTMENT SEOCTION 17, TOWNSHIP 117, RANGE 23. FROM 1991 PUBLISHED VALUES Elsucn 'notes West drawn from the Northeast corner of the South 149.5 feet of the West 119.5 feet of said Lot !T 5 I/z �� Hennepin County, Minnesota. g, i 1 I p5URE0 1 gin 12 4 SCRIB 10149, 5'11 93?A " (:202 NOTES: EXTENSIVE RESEARCH AND FIELD WORK TO ESTABLISH THE SIXTEENTH B(\ <"y/4 SECTION LINE WAS PERFORMED IN THE FIELD. WITH THE ADDITION OF FIELD NOTES PROVIDED BY EAGAN FIELD AND NOWAK OF SURROUNDING waEN PROPERTIES AND A SURVEY PERFORMED BY GRONBERG AND ASSOCIATES OF .mn \ \ qq THE ADJACENT PROPERTY. THE LOCATION of THE SIXTEENTH SECTION LINE '" l ---LINE HOLDING GRONSERG SURVEY �l g AS DETERMINED TO BE IN CONCWSIVE. THE SURVEY PERFORMED BY GRONBERG AND ASSOCIATES ESTABUSHES THE SIXTEENTH UNE RY ' p•.5 AND FOUND IRON PIPE, •e.. OCCUPATION AT THE TIME OF THEIR SURVEY. THIS WAS RELIED UPON TO ESTABLISH THE WESTERLY BOUNDARY. �r/ w. AREA OF DISCREPANCY ORIGINATES FROM THE CO ARISON OF WRITTEN / LEGAL DESCRIPTIONS RELYING ON THE HENNEPIN COUNTY SECTION BREAKDOWN TO ESTABLISH THE WEST LINE OF LOT 5. BLOCK 3, TOWNSITE OF LANGDON PARK, IS THE SIXTEENTH SECTION LINE OF A rwNMaW ' / (WHICH ALSO SECTION T7 ACCORDING TO THE RECORDED PLAT ON FILE) WHEREAS Ln g y Z es ,/ w PByGRONBERG AND ASSOCIATES RELIED UPON RENOUS SURVEY OCCUPATION AT THE TIME OF THEIR SURVEY TO ESTABLISH THE WEST LINE OF LOT 5. BLOCK 3, TOWNSI TE OF LANGDON PARK, SEE GRAPHICS. • • —,t $� oaOijPe.ea. a°�sma �oieaa Danoetl RLS 16464 of s DenOfes umer9roem HieeeL'nene Una¢Dr oona I¢P on¢ one Dene es Fr,ydron QDenefes Dec,aeeee Tree Rr -n-DenOlee Denotes Coni/emus Trea w0m FeMe ® ® — D¢nmfe¢ N¢¢nm ter D¢not¢¢ cm¢ M¢mr Denotes Woter Vo ve Wi Denote¢OverM1eotl Utility re oDenote¢ _• Li9M1tyPolee Denef¢e came peen a D¢nnfe¢ u IRty M¢nM1oleeCov¢ol ® Denefes � Denefes concrete seance BLOCK ie5 A5=DMES a, AP T O c NORTHEAST CORNER OF e e d' X15 ww. a (1� �6 k THE SOUTH 149.5 FEET v 19 5 F s— T WEST _sFEET R OLOT s (oEsCRIBSD) W\'-9_�____ y • °5 7 5.10 _______________ ____13300 FEET ----------- ---------- - --------- ° °W \_ (.IT IIII FT A—VA—) 1 590 We 106 84 a -z LL z — -Y IO ° BINMIN6fi DEscRIBEOI �w W W p6ez MEPsuREo w G N M 244. 5 I rc�iF I � I I _ -_____ z � z v iia v. I a I w • a o o E DESCPIBEDI • +I` -IIS c n I/ll III I/}' i �/ L_____ WEST UNE OF LOT 5 h (NTaZA a L A N V V V N Q I I I I PARK 61 � T EA H2O 0 O f 0- W 7 7� -11 R TV n Iw `4R UNE OF s �O I I I I PARK SITE AREA: 7625 SQ, FT. OR 0.18 ACRES SITE ADDRESS: 2385 SHADYWOOD ROAD, ORONO, MN 55391 Oesgn DY pNo-tltlgle r .•..i eel HAMS I .XIS u'i4:0.1AYr'",r°n. s':i.r •�A I. GR NNSTRIIn C#IPANY INC. AP 19 . i'n`F .✓✓1.� MEN CDlIER PgNIE 5512E 115 Oman by Actions. a. wfi• N AP/F 1HY�19 �°tLL�l9 w..Iism I6W1 1 -17-19 $URVEYINC, INC Page 1Ye 1 vAYAx � �1 �C (fRNICAIE OF SLPNY nwx'�e IDN ,I,N-� SAP.rmmber SAed rmmbtt d 27 EA f V W -11 R TV n Iw I SOUTH UNE OF s sU'.1a PRFNT 3-nssx I I T € I of I I l rw tg az SOUTH LINE OF SECTION 17,-- n --� - 1332 40 TOWNSHIP 117, RANGE 23 N89'45'10'E 1332.40 _ ' _ _ _ _ - - TyEAST CORNER OF - SOUTH QUARTER CORNER OF - - SECTION 17, TOWNSHIP 117, RANGE 21 BASIS OF BEARINGS: HENNEPIN COUNTY COORDINATES (NAD83) 1966 ADJUSTMENT SEOCTION 17, TOWNSHIP 117, RANGE 23. FROM 1991 PUBLISHED VALUES SITE AREA: 7625 SQ, FT. OR 0.18 ACRES SITE ADDRESS: 2385 SHADYWOOD ROAD, ORONO, MN 55391 Oesgn DY pNo-tltlgle r .•..i eel HAMS I .XIS u'i4:0.1AYr'",r°n. s':i.r •�A I. GR NNSTRIIn C#IPANY INC. AP 19 . i'n`F .✓✓1.� MEN CDlIER PgNIE 5512E 115 Oman by Actions. a. wfi• N AP/F 1HY�19 �°tLL�l9 w..Iism I6W1 1 -17-19 $URVEYINC, INC Page 1Ye 1 vAYAx � �1 �C (fRNICAIE OF SLPNY nwx'�e IDN ,I,N-� SAP.rmmber SAed rmmbtt d From: Christian Johnson To: Melanie Curtis Subject: 2385 Shadywood Date: Tuesday, January 21, 2020 11:05:59 AM Melame- Just want to let you know I looked at the application by Evergreen Construction and it looks like a good use for this building. We have had congestion in the municipal parking lot behind my store but it looks like this user would have minimal demand on the municipal lot- which I appreciate. I think Evergreen would be a good addition to Navarre. Chris Johnson Navarre True Value 3400 Shoreline Dr. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. 2. LA19-000098 JOE HAHS/EVERGREEN CONSTRUCTION, 2385 SHADYWOOD ROAD, CONDITIONAL USE PERMIT, 6:31 P.M. - 6:38 P.M. Joe Hahs, Evergreen Construction, was present. Staff presented a summary of packet information. Gettman asked if the public comment received today was from True Value. Curtis stated it was. Mr. Joe Hahs, o/b/o Evergreen Construction, said he grew up in Minnesota, graduated from the University of St. Thomas in 2000, and started the business in 2003. He was available to answer any questions. Gettman asked if the applicant has heard any concerns from neighbors/neighboring businesses with respect to the change. Mr. Hahs said he spoke to who he believed was one of the owners of the gas station south of his property. There is a fence somewhat on both property lines. That person said, "If no one messes with the fence, I have no problem." He seemed like a nice guy and is excited to have someone back in the building. Vice -Chair Erickson opened the public hearing at 6:35 p.m. Mr. David Feerhusen, broker with Re/Max Advantage Plus, represents Stephen and Susan Schmidt, the current owners of the building. They wanted to bring to the Commissioners' attention that from 1960 to 1970 it was a real estate office known as Nelson Orr, in '77 it was Christy Realty Office, it was Glen Realty Office in'78, Windward Real Estate from'80 to'97, from 2002 to 2012 it was A La Cart Design, and from '99 to '02 it was a gift shop. Other than that, the facility has been used as an office. He said the Schmidts were not able to appear because of an illness in their family. Vice -Chair Erickson closed the public hearing at 6:36 p.m. McCutcheon moved, Gettman seconded, to approve LA19-000098 Joe Hahs/Evergreen Construction, 2385 Shadywood Road, Conditional Use Permit. VOTE: Ayes 3, Nays 0, Abstain 1 (Libby). Barnhart noted the item would go in front of the City Council in February. Date Application Received: 11/24/2019 Date Application Considered as Complete: 12/18/2019 60 -Day Review Period Extension Expires: 04/16/2020 To: From: Date: Subject Chair Ressler and Planning Commission Members Dustin Rief, City Administrator Melanie Curtis, Planner h'1GG 21 January 2020 W _>_11 \1rSH #LA19-000098, Joe Hahs — Evergreen Construction, 2385 Shadywood Road, CUP & Site Plan Public Hearing Application Summary: The applicant is requesting site plan approval and a conditional use permit for an office use. Staff Recommendation: Planning Department Staff recommends approval. Summary The applicant is requesting a conditional use permit to utilize the property for an office use, to be shared by two tenants. Offices for the applicant's business, Evergreen Construction, will occupy most of the building. The remaining spaces in the building will be utilized by other uses of an "office" nature. The future office uses in the spaces will conform to the code and are included in the proposed parking. The existing building is primarily remaining as -is on the exterior, with exception of changes to signage, parking lot improvements, removal of a deteriorating porch, and installation of an accessible ramp with deck and landings for access to the side door. An administrative site plan review is required, which will be completed prior to issuance of a building permit. LOT ANALYSIS WORKSHEET Section 78-646 - Setbacks: The minimum required front yard is 20 -feet; the required rear yard is 30 -feet. B-1 District Required Existing Proposed Front 35' 42.8' No change to the building setback 27.8' to the deck Rear deck removed Rear 30' 33.7' to the building No change to the building setback North Side 15' 20.1' No change 11.5' to porch South Side 15' 19.7' to the building 19.7' to the building *There is a proposed accessibility ramp and landings within both the side and front building setbacks. This is considered a permissible encroachment to the setback requirements. FILE #LA19-000098 21 Jan 2020 Page 2 of 4 Section 78- 646 - Lot Area/Width: B-1 District Lot Area Lot Width Required 20,000 s.f. 100' Actual 7,625 s.f. 75' Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 7,625 s.f. Allowed: 2,000 s.f. Proposed: 805 s.f. Section 78-1700 - Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District 6 total stalls: Stalls: 1006 SF/200 = 5.0 Stalls undefined Zone Hardcover Hardcover Hardcover Tier 6.7' from north lot line; 5.2' from north side Permitted within the 2,668.7 s.f. 3,476 s.f. 2,665 s.f. Tier 3 7,625 s.f. (35 %) (45%) (35%) Sections 78-1511 & 78-1516 — Parking, Number of spaces and setbacks: B-1/Office Use Required Existing Proposed Number of 6 total stalls: Stalls: 1006 SF/200 = 5.0 Stalls undefined (5 stalls + 1 handicap 1 space / 200 SF stall & 1 access aisle) 6.7' from north lot line; 5.2' from north side Permitted within the Setbacks: 0' from south lot lot line; rear yard; at least 3' line/over lot line to 6.7 from south side from side lot line fence lot line Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; This criterion is met. FILE #LA19-000098 21 Jan 2020 Page 3 of 4 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This criterion is met. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; This criterion is met. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; This criterion is met. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; This criterion is met. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This criterion is met. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Conditional Use Permit Comments The applicant's proposed use is a showroom/sales office for their exterior finish construction company selling exterior building materials such as roofing, siding, windows, doors, gutters, and decking. The customer visits to the office will be primarily by appointment with few drop -ins. According to the submitted narrative, they have identified the business hours of Monday through Friday of 8:30 am to 5 pm; Saturday 9:00 am to 3:00 pm; and Sundays by appointment. Also, according to the narrative, they will have two regular full time staff on site, in addition to a number of seasonal sales and marketing staff from March through December. FILE #LA19-000098 21 Jan 2020 Page 4 of 4 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the proposal? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Existing Survey Exhibit C. Proposed Grading/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Building Floorplan Layout Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Parking Information Exhibit 1. Property Owners List Exhibit J. Plat Map AGENDA ITEM Item No.: 10 Date: February 10, 2020 Item Description: LAI 9-000099 — City of Orono — Comprehensive Plan Amendment for Park Trail Priorities — Resolution Presenter: Jeremy Barnhart, AICP Agenda Consent Agenda Community Development Director Section: 1. Purpose. To consider an amendment to the Comprehensive Plan related to trails. 2. Background/ Council Vote. After a request by the Park Commission, the City Council authorized this amendment on September 9th, 2019. The Park Commission proposes to amend the trail priorities found in table 4E-8. The revised and original priorities are both found in the attached staff report to the Planning Commission, Exhibit B. The proposed amendment is also included in the draft resolution, Exhibit A. 3. Planning Commission Vote and Comment. On January 21', the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 4 -0 on a motion to amend the Comprehensive Plan. The members of the Commission were in agreement that the changes were appropriate and the periodic review is recommended. 4. Public Comment. The proposed changes were sent to the cities of Mound, Long Lake, Medina, Wayzata, and Minnetonka Beach. No changes were recommended by these agencies. No public comments have been received. 5. Staff Recommendation. Staff recommends the Council adopt the resolution. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. PC Staff report C. PC Minutes 1-21-20 - Draft D. CC Minutes 9-9-19 References 2040 Comprehensive Plan Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV A RESOLUTION GRANTING PRELIMINARY APPROVAL OF AMENDMENT #2 OF THE ORONO 2040 COMMUNITY MANAGEMENT PLAN: CITY OF ORONO FILE #LA19-000099 WHEREAS, the City of Orono (hereinafter "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on May 23, 2019 the Metropolitan Council approved the Comprehensive Plan, authorizing adoption by the City of Orono; and WHEREAS, on June 10, 2019 the Orono City Council adopted the 2040 Orono Community Management Plan (hereinafter "CMP" or "the Comprehensive Plan") to provide for the orderly development of the City, in compliance with the Metropolitan Land Planning Act of 1976 and Minnesota Statutes Chapters 462 and 473; and WHEREAS, the Comprehensive Plan identifies 8 priorities of the city with regard to trails and trail connections; and WHEREAS, commiserate with the annual review of the Plan and the Park commission priorities, the Park Commission identified the need to adjust the priorities for trails to read as follows: Page 1 of 3 Table 4E-8: Trail Implementation Priority Project Description 1 East Long Lake Trail The city will implement the master plan developed for the trail along the east end of Long Lake. 2 Navarre Dakota Trail The city will actively partner with Hennepin county and Three Rivers Connection Park District to complete a trail connection along County Road 19 connecting Navarre to the Dakota Trail 3 Lakeview Legacy Park The city will plan and construct a walking trail that connects Lakeview Legacy Park to West Branch Road/County Road 151 along the old Shakopee/Greenfield native American trail. This project should be timed with the 2020 road construction project. 4 Wayzata Blvd Trail The City is partnering with the city of Long Lake and Hennepin County to provide a multi modal trail along the north side of Wayzata Blvd from the Luce Line trial to the western Boundary of the Orono School Property. The trail is being included as part of the CSAH 112 Turn back Projects. 5 Luce Line Dakota The city will support an off-street trail that provides access from the Trail connector Luce Line Trail to the Dakota Trail. 6 Hunter The city will partner with the Hennepin County to connect the trails in Drive/Ferndale northeast Orono to the Luce Line and Dakota Trails via Hunter Drive and Ferndale Road. 7 Lowry Woods The city will plan trail access to the Lowry Woods Park. 8 County Road 19 The city will work with other communities along county road 19 to support a trail connecting the Dakota Trail to Navarre south to the Lake Minnetonka LRT Regional Trail ; and WHEREAS, this request was reviewed as Land Use Application LA19- 000099); and WHEREAS, the proposed amendment was distributed to adjacent, potentially impacted cities of Mound, Long Lake, Medina, Wayzata, and Minnetonka Beach; and WHEREAS, in light of the above application the Orono Planning Commission pursuant to published and written notice held a public hearing on January 21, 2020 and on a vote of 4-0 recommended that the 2040 Community Management Plan be amended to reflect the revised Trail Priorities; and Page 2 of 3 WHEREAS, the amendment will not impact Metropolitan Council's density calculations for Orono, or alter any land use designation of City of Orono; and NOW, THEREFORE, BE IT RESOLVED that the Orono City Council conditionally approves an amendment of the 2040 Community Management Plan to adjust the Trail Priorities to read as noted above, and directs City staff to prepare such an amendment and submit it to the Metropolitan Council for review and approval. Adopted by the City Council of Orono, Minnesota this l Oth day of February, 2020. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 3 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: January 21, 2020 Subject: #LA19-99, City of Orono, Comprehensive Plan Amendment RE Trail priorities Public Hearing Application Summary: The City of Orono Parks Commission is proposing an amendment to the Park Trail priorities identified in the 2040 Comprehensive Plan. Staff Recommendation: Planning Department Staff recommends approval as drafted. Background Via Resolution 6991, the Comprehensive Plan was adopted by the City Council on June 10, 2019 after approval by the Met Council on May 23, 2019. Parks, Open Space, and Trails are a chapter of the Comprehensive Plan. In evaluating Park and Trail projects for the coming years, the Park Commission proposed an amendment to the priorities. The existing Trail priorities: Table 4E-8: Trail Implementation Priority Project Description 1 County Road The city does not support an on -street trail on County Road 15 due to 15 West of its close proximity to Dakota trail. Navarre 2 Navarre The city will actively partner with Hennepin county and Three Rivers Dakota Trail Park District to complete a trail connection along County Road 19 Connection connecting Navarre to the Dakota Trail 3 Old Crystal The city will support an off-street trail that provides access from the Bay Road Luce Line Trail at Old Crystal Bay Road to the Dakota Trail at North Shore Drive. 4 Wayzata Blvd The City is partnering with the city of Long Lake and Hennepin County Trail to provide a multi modal trail along the north side of Wayzata Blvd from the Luce Line trial to the western Boundary of the Orono School Property. The trail is being included as part of the CSAH 112 Turn back Projects. 5 Lakeview The city will plan a trail that connects Lakeview Legacy Park to the Legacy Park County Road 19 trail as well as trails to the south that connect with the Dakota trail. FILE # LA19-99 January 21, 2020 Page 2 of 3 6 Hunter The city will partner with the Hennepin County to connect the trails in Drive/Fernda northeast Orono to the Luce Line and Dakota Trails via Hunter Drive le and Ferndale Road. 7 Lowry Woods The city will plan trail access to the Lowry Woods Park. 8 Old Long The city does not support the addition of an off-street trail along Old Lake Road Long Lake Road due to the nearby access to the Luce Line Trail in several locations. The proposed Trail Priorities, as determined by the Parks Commission. Table 4E-8: Trail Implementation Priority Project I Description 1 East Long Lake Trail The city will implement the master plan developed for the trail along the east end of Long Lake. 2 Navarre Dakota Trail The city will actively partner with Hennepin county and Three Rivers Connection Park District to complete a trail connection along County Road 19 connecting Navarre to the Dakota Trail 3 Lakeview Legacy Park The city will plan and construct a walking trail that connects Lakeview Legacy Park to West Branch Road/County Road 151 along the old Shakopee/Greenfield native American trail. This project should be timed with the 2020 road construction project. 4 Wayzata Blvd Trail The City is partnering with the city of Long Lake and Hennepin County to provide a multi modal trail along the north side of Wayzata Blvd from the Luce Line trial to the western Boundary of the Orono School Property. The trail is being included as part of the CSAH 112 Turn back Projects. 5 Luce Line Dakota The city will support an off-street trail that provides access from the Trail connector Luce Line Trail to the Dakota Trail. 6 Hunter The city will partner with the Hennepin County to connect the trails in Drive/Ferndale northeast Orono to the Luce Line and Dakota Trails via Hunter Drive and Ferndale Road. 7 Lowry Woods The city will plan trail access to the Lowry Woods Park. 8 County Road 19 The city will work with other communities along county road 19 to support a trail connecting the Dakota Trail to Navarre south to the Lake Minnetonka LRT Regional Trail Analysis: The priorities are included in the Comprehensive Plan to efficiently direct limited resources toward those areas deemed most important. The Park Commission, in allocating limited park funds, has identified projects that better fulfill their mission. It is not uncommon for priorities to shift from year to year. These are the Park Commissions recommended priorities. If the Planning Commission proposes changes, these will be forwarded to the City Council for consideration. Public Comments To date, no public comments have been received. The draft priorities were distributed to the cities of Mound, Long Lake, Medina, Wayzata, and Minnetonka Beach. Mound, Medina, and FILE # LA19-99 January 21, 2020 Page 3 of 3 Wayzata responded, but did not have any comments. Issues for Consideration 1. Does the Planning Commission have any comments with regard to the amended priorities? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the revised priorities. List of Exhibits ExA Chapter 4E Parks and Open Space MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. 6. LA19-000099 CITY OF ORONO COMPREHENSIVE PLAN AMENDMENT RELATED TO TRAIL PRIORITIES, 7:37 P.M. - 7:42 P.M. Staff presented a summary of packet information. Gettman asked if the cul-de-sac in the Smith area was addressed in any of the information. Barnhart stated it was not. Gettman asked if there have been any contentious issues on any of the trail access upgrades. Barnhart said he is not aware of any. Barnhart stated the Smith issue would not be at this level of a priority because these are more regional/subregional trails and Smith is more a neighborhood level trail. Barnhart pointed out that just because a trail is not on the list does not mean it cannot be implemented at any time. These are the trails the Park Commission wants to focus their planning and their resource dollars on, but they can address other needs as necessary. Gettman clarified that he was asking if there were issues surrounding trails the Planning Commission has already dealt with. Barnhart responded that he did not think so. Erikson complimented the Park Commission on their updating of priorities. He believes it is well thought out. His particular favorites are the north -south connections connecting Dakota and Luce Line. People generally consider that the ideal transportation system is a grid which offers east -west movements and north -south movements, although Lake Minnetonka limits north -south movements quite a bit. A lot of the trails are east -west more so than north -south. The City has an opportunity to create or improve trails, and that will improve the function. Vice -Chair Erickson opened the public hearing at 7:42 p.m. There were no public comments relating to this application. Vice -Chair Erickson closed the public hearing at 7:42 p.m. McCutcheon moved, Gettman seconded, to approve LA19-000099 City of Orono Comprehensive Plan Amendment Related to Trail Priorities. VOTE: Ayes 4, Nays 0. Page 1 of 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 9, 2019 7:00 o'clock p.m. 15. 2040 COMMUNITY MANAGEMENT PLAN AMENDMENT Edwards stated the purpose of this item is to get a Council resolution requesting an amendment to the 2040 Community Management Plan with respect to the Trails Section of the Parks and Open Space Chapter. The 2040 Community Management Plan was approved recently by the Metropolitan Council. The Park commission noticed that some of their priorities was not accurately reflected and Paragraph 3 in the staff report outlines how the language currently reads and Paragraph 4 shows the proposed changes. Seals moved, Crosby seconded, to direct Staff to initiate a Community Management Plan Amendment updating the Trails Section of the 2040 Community Management Plan. VOTE: Ayes 4, Nays 0. Page 1 of 1 AGENDA ITEM Item No.: 11 Date: February 10, 2020 Item Description: LA19-000105 — John Kraemer, 855 Old Crystal Bay Rd South, Variances — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding average setback and lake setback variances in order to conduct a nearly in-kind rebuild of an accessory building. 2. MN§15.99 Application Deadline. The application was received on December 18, 2019 and considered to be complete on December 27th. Therefore the 60 -Day review period expires on February 25, 2020. 3. Background/ Summary. The applicant is requesting approvals to support an in-kind replacement of a non -conforming accessory building located 53 feet from the lake. They have requested lake and average lakeshore setback variances in order to expand the envelope of the existing accessory building; the expansion is the result of a floor elevation increase to meet floodplain regulations. The existing roof has a peak; the new building will have a flat roof, and must be elevated approximately 2.4 feet to conform to the Floodplain regulations. This elevation change results in the corners of the flat roof expanding outwards from the sloped portions of the existing roof approximately 1.4 feet. The volume expansion of the nonconforming building is minimal. DASHED OUTLINE OF (E) SAUNA BUILDING ENVELOPE, TO BE REMOVED N 6 G VERTICAL STAINED CEDAR T&G 51DING DASHED LINE OF (E) SAUNA FINISH FLOOR 4. Planning Commission Vote and Comment. On January 21St, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 4 to 0 in favor of a motion to approve the requested 75 -foot lake and average lakeshore setback variances for the minimal expansion. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Staff recommends approval. Prepared By: YY)GG Reviewed By: J.Barnhart Approved By: _SbV AGENDA ITEM COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 02/21/2020 A. Application & Narrative B. Practical Difficulties Documentation Form C. Existing Survey D. Site Plan E. Proposed Plans and Elevations F. Submitted Hardcover Calculations G. Aerial Photos H. Property Owners List I. Plat Map Prepared By: VVGG Reviewed By: J.Barnhart Approved By: -SbV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000105 WHEREAS, on December 18, 2019, John Kraemer (hereinafter the "Applicant"), applied for variance from the City Code for the property addressed 855 Old Crystal Bay Road South and legally described as: Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet, thence South 7 degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37 degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of commencement, said last described course being hereinafter referred to and designated as "Line X';- thence North along "Line X" to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if extended would go to the point of commencement, said last described line being designated as "Line Y"; a distance of 371.76 feet to the Southwest corner of said Lot 3, thence easterly along the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53 seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West a distance of 171.70 feet to the point of beginning. For the purposes of the foregoing description The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. The point of commencement is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees P CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters, and are now a part of the West line of the plat of LITTLE ORCHARD, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 to allow a minimal expansion of an accessory building to be constructed in-kind with respect to location and footprint size lakeward of the average lakeshore setback and 53 -feet from the OHWL where a 75 -foot setback is required; and WHEREAS, on January 21, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2020, the Planning Commission recommended approval of the variances; and WHEREAS, on February 10, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000105. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1A Single Family Lakeshore Residential Zoning District. 3. The Property contains 2.46 acres in area and has a defined lot width of 210 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Applicant has applied for the following variance[s]: a. 75 -foot Lake Setback Variance b. Average Lakeshore Setback Variance 6. In considering this application for the variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The variances support the minimal expansion of a non- conforming structure in the lake yard. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing structure the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are separated from the structure and situated so that their lake views will not be impacted by the changes to the existing building. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the Property from the lake. This criterion is met. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variances resulting in reconstruction of the existing sauna building without footprint expansions within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the upward volume expansion is solely to conform to the floodplain regulations. This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit a minor upward expansion of the building lakeward of the average lakeshore setback and within the 75 -foot lake setback appear to be reasonable; the flat roof design minimized any potential negative impacts; the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. mature vegetation, topography, and property orientation separate the Property from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant proposes to reconstruct a nonconforming building to improve functionality for the owners. The sauna building was not constructed by the current owners; and c. The variance, if granted, will not alter the essential character of the locality. " The requested variances will not result in the Property being out of character with the neighborhood; will not expand the footprint of the building; or result in additional encroachment into the setbacks toward the lake. The new encroachment will not alter the character of the locality. This criterion is met. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a residential accessory building is an allowed use in the LR -1A District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The proximity of the existing sauna building to the lake is an existing condition which is unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location and existence of the lake yard accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other properties with lake yard accessory buildings and boathouses. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Substantial property right is provided by the principal structure. The sauna building is allowed to be maintained and replaced in kind. Expansion of an existing non -conforming structure is not a right, however the building will only be expanded in order meet floodplain minimum low floor regulations. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the Property. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The applicant asserts that the variances are necessary for safety and will not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow a minimal expansion of an accessory building to be constructed in-kind with respect to location and footprint side lakeward of the average lakeshore setback and 53 -feet from the OHWL where a 75 -foot setback is required, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the site plan dated 12/27/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed on the accessory building within one year of the date of Council approval, or the variance will expire on that date (February 10, 2021). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 10th day of February, 2020. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 a q v I --------- ----- ----- ------wv---- -- wtv-------cam ; ----- / �I 1 I 31- m� �/-R9g�KESHORp \ 3� ig . /./.._._.__._._...... om V ti b r Z , r rr��( / �i l/ ri ��i4r�//F/ 6 // / /•,'nim.. l/ % , o o z z 1-3 z�a C z t9wHc�nnl7 /s c / //'/ '�1.�/ / / `p '9/ / / , I iii/� i l i r):..� `'�� / / / / l I / Z " = //j 'Z .i \_. � .. .. .... V � �// % �I I � 1 \ m mw y >'� 7-. a 4-.... \ I I I'. I \`.. 1 N OF3G•3G^ I � n/ hi !.>;> V� ..,ilk IS) = 0 3.' o 35 - ` o r ap H _ tj EF man '1006, - o _. w w N � ? w �n ° Rww�aw m � 3,'°m W R w n Pte: ° �m ..� 3 _ _ o m r 00 13 o wr= y am�N o"3w8. w - w,ak_awwa "w Iy _ w3c,'n^moo II 7-i ✓V I / /�/` ddCi/i,/'/d/i // / / /; - aQ°, I^ c� /////// -- no�_ a� z w ¢v3 E:' So a m y _' f a 1330..,m,"e �e / %�/// / / II Il/// gr, �Fx _- - w. 30, S e s rv:a w ° mo s o0°02' 13• E ne.eey eerttfYy that t6iauplan, �pectl6ca6on..or reP«t PROJECT GRONBERG &ASSOCIATES, INC. w prep red by i n d y 'rec wpervia r CIVIL ENCINNERS, LAND SURVEYORS, LAND PLANNERS nE llwt an a Euly Liceneetl Lantl Surveyor unEer tfte brd' _ Ivwa of Me Stafa of Minnesota. 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356 Mo S. Granter Minnesota L u 12 95 952-473-4141 �H 1M o gct At R� q tul _Charlie Ow- - 'M: .... . . .... P A MAXWELL BAY RESIDENCE H 4m H MAXWELL BAY RESIDENCE ACCESSORY STRUCTURE RE -BUILD LANDSCAPE DESIGN Topo, LLC. 112 N. 3rd. St., Ste. 500 Minneapolis, MN 55401 Phone: +612.929.2049 Contact: Scott Ritter INTERIOR DESIGN Hanson Nobles Wunderlich 275 Market St., Ste. 368 Minneapolis, MN 55401 Phone: +612.343.0044 Contact: Jeremy Wunderlich SURVEYOR Gronberg & Asssociates Inc. 445 Willow Dr N. Long Lake, MN 55356 Phone: +952.473.4141 Contact: Mark Gronberg GENERAL CONTRACTOR John Kraemer & Sons 4906 Lincoln Dr. Edina, MN 55434 Phone: +952.935.9100 Contact: Dustin Propp Jeff Kraemer SOILS ENGINEER Braun Intertec 11001 Hampshire Ave. S. Minneapolis, MN 55438 Phone: +952.995.2223 Contact: Kevin Zolec ARCHITECTURAL DESIGN Charlie & Co. Design, Ltd. 212 3rd. Ave. N., Ste. 356 Minneapolis, MN 55401 Phone: +612.333.2246 Contact: Anthon Ellis Charlie Simmons STRUCTURAL ENGINEER Mattson, MacDonald & Young 901 3rd. Street, Ste. 100 Minneapolis,. MN 55401 Phone: +612.827.7825 Contact: Joe Cain IMAGE FOR ILLUSTRATION PURPOSES ONLY CONCRETE PATIO NOT PROPOSED) w U Z W rn Q a m 11 Cover Sheet Not lar Conshudlan 1 A O.O CABIN AND SAUNA REBUILD DETAIL FOR SCOTT & STACI RICHARDSON IN GOVT LOT 7, SEC. 9-117-23 AND IN LOT 3, BLOCK 1, LITTLE ORCHARD HENNEPIN COUNTY. MINNESOTA N 83°08'54'• w ........sta0._...� � LITTLE 'q ORCHARD( WAY \' i c !. \\ao f _ 7� / r t �\ A / a( `\ Y.. �_\_ — uHEsr tmsE caeNEB--� — X i u'c _ — ih $HORELNE fss_ AKE MINNETONKA MAXWELL BAY WITH EAST LOT 7 'L LAKE MINNETONKA MAXWELL BAY "LINE X" LNE PARALLEL WITH LNE OF GOV' T LOT CABIN & SAUNA DETAIL 1"=20' FEET SCALE yon ole g8's mE c Ev' LEGAL DESCRIPTION OF PREMISES Those arts of Government Lot ] in Section 9 Township 117 Ran a 23 West of the 5th Princi al Meridian and Lo k IT p p g p t 3, Black 1, LITTLE ORCHARD described follows: Commencing t point - 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7, also being the Northwest co of Lot 3, Block 1, LITTLE ORCHARD; thence South 76 degrees D4 minutes 18 econds West, 95.89 feet; thence South ] degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 de res 30 - nutes 30 s onds West 100.80 feet thence South 37 de res 2 minutes 3 Dods Wes 4 1 feet q e g e 2 m 4 s t 9 m or less to the shore of Maxwell's Ba Lake Minnetonka thence Y• Southeaster) Soon the shore of said lake to a intersection with aline running Southerly, arallel with the mm line of the above mentioned GOver mein Lot i In said 9 Section 9 from a y nin9 Y. P Sint bearin South 72 degrees 54 minutes 40 seconds West and distant 766.76 feet from the e Dint of co ment said last described co se being hereinafter referred to sand desi noted P 9 9 P 9 g "Lina thence North to bein South 12 de as said hint res 54 minutes 40 s cods West and distant 766.7fi feet from id Dint f c h n 'long p ment, t e ce North 12 9 9 e P 4 nd"Line ,a t c of 371.76 de rees 54minutes 40 seconds East alon aline which if extended would oto the Sint of co ment said last described line bein desi noted a "Li emYnce return 9 9 P 9 9 of 98.00 feet thence North 5 degrees 9 menu yy 9 y 9 e 1 fes 53 secondse East a feet to the Southwest c of said Lot 3' thence easter) alon the souther) line of said Lot 3 Sn dfeet distance f 134.99 feet;athence North 50 de rees 48 m e conds West a distance of 171.70 feet to the point of beginning. g inutes 01 second. to Dint For the purposes of the foregoing description ((a)) The East line of the aforesaid Government Lot 7 in id Section 9, Township 11 ], Range 23 West f the 5th Principal Meridian, 's. assumed to be a due North and South line. (b) The ppint of c mencement is the sa a the point of beginning of the description 7 the property o eyed to Leonard G. Carapenter and Geraldine K. Carpenter, husband and wife. by T Deed dated September 26, 1938, between Charles Kaon Velie, 1 Trustees the Last Will Testament f stees' et as under and Charles D. Velie, deceased, and said Carpenters, filed for ord n the Office of the Register f Deeds of Hennepin County, Minnesota, on November 10, 1938, Book 1445 of Deeds, Paage 293, and in eLine (c) Line X and V portion f the Westerly boundary of the property conveyed by said Trustees' Dead of 26, 1938 to s id Carpenters, and are now apart of the West line of the plat of LITTLE ORCHARD. 3 o . denotes iron marker (908.3): denotes existing spot elevation, mean sea level datum s 9fOs : denotes proposed spot elevations S ° r€ --917--: denotes existing contour line, mean sea level datam � C PROPOSED ELEVATIONS (per architect, verity) i gg v. denotes proposed contour line 1) Garage = 958.5 $ � $ N 90°00.00" E : denotes bearing based upon the Hennepin County coordinate datum 2) Top of foundation = 958.94 e 2 N 90°00' h9•' E denotes bearings based on legal descriptions 3) Basement = 947.44 4p ig Thissurvey intends to show the boundaries of the above described property, isting topography, and the location of an isting cabin and sa a, to be rebuilt ' 5F § thereon. It does o . purport to show any other tmprovemenis or encroachments. n t rercaeso j ............. ENERALNOTES SITEPLAN M PARn U _ IF) PROPERTY TINE , UPOR TANT NOTE FOR SULOONTONS TRAC / ' .c •?' Quo \ SITE INFORMATION ��{^V?i��, k P tin . �m , -------------------- PAY `� z NKENNETDN E« M ONKA 6, J I � I i �•. ��y. 11 �� I I I II � �� � / / j .•a/LII / I � \ ' I ' ' s � Q RIFT` l ' ki If I' � �( � \' � � i / /oW /; li ,' it � i• 1 � i alr I I IE, PeoPeeT �� i s Wlar / 1I ;�sl JI 1 i I i I II , \ ' � \o Construdlan �� • ��,�, a, o�;�..� - rEar „�E / � 11, i� i � I I � � 1 r I I I I I I I Douro -n. uuon m,wn rrnun 4., i � \ I � \ \n IEI PROPERTY uruE e 1 U(E( Site Plan rer cnzEeo j ............. ENERALNOTES SITEPLAN M PAFn U F rE) PeoPEeTr LINE / TaNT NOTE POP SU 1) / ,a;-• +`� 2x25 SITE INFORMATION NI UKEMNNETONKA I of I �,�•€ � Vii-}, _., ;V # I I "Yp i I I II I' i 1 1 I1 /Er / 'i / � 1 '-i \\ /� / V � 1 r � (N�SilePlon I F ��_o., OPEKT INE LRIIIm r 1 I t �li�ii Ili it I IEI PROPERTY LINE U (N)Site Plan O�� 3 Proposed Floor Plan 4- T -j L- T Proposed Refl,,,,, ,,,,,g Plon ,!,o,e., 1,11. Proposed Foundation Plan Existing Floor Plan Proposed Framing Plan Proposed Roof ll �111" — Proposed Exterior Elevations 7 . Exterior Ile,,,, - Existing Sauna Building Envelope Shown Dashed GENERAL NOTES -FLOOR PLANS d ,d ..d d SUB—N—RS 1-d IIHIIUII F7 w �U I ELI so S 0,0 -ORTANT NOTE5 FOR CQ__ i�l Building Section -Looking North Building Section - Looking West B ilding Section - Looking East V) .� �rry^m„rrrvrva^,rvo, m,c oo xs.o sc,rzrs raven H 8 scaewsrovm n.re a runs g H 9 ,awn rurz MIITANT NOAORS FOR a rums ^[rono,� BCO_R a i SII NLCI 0e�c roan m..x°.. v�a0. �mw°+ia.ee Sliding Door Head Narih Elevotain Raot Detail South Elevation Roof Detail @ Sliding Door Packet •�•_•- in F v ITi a W> —= P ro s x,x cs xc I sten uvrc —_ ,rnsown srreoor ne -- I .,.,c^,woon,nxm� r,ry vuvrr erv. urv,[ue.r .o. I w^, cusx rs, srs rrss coot I (el Sliding Door Threshold West Elevotain Roof Detail VEast Elevation Roof Detail @ Overhang „r,�an„n,rva Exterior Details e._— on,^,Pr,.,nn, ,.mrv,rv�n� r.xrzo err .ry r.rvrro �.r..a� Not far ry ,o... mx,n,m„r ,rrow..w.rv, r,rwnaryCoostrucfian 'sE �—,o ,o nn a„ r�u^woon,rva� a s.; 1 o e . ? 9 Typical Wall Base @ Wood Siding Sliding Door Jamb @ Pull Sliding Door lam, @ Pocket MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. 2. LA19-000098 JOE HAHS/EVERGREEN CONSTRUCTION, 2385 SHADYWOOD ROAD, CONDITIONAL USE PERMIT, 6:31 P.M. - 6:38 P.M. 4. LA19-000105 JOHN KRAEMER, 855 OLD CRYSTAL BAY ROAD SOUTH, VARIANCES, 7:17 P.M. - 7:28 P.M. Anthon Ellis, o/b/ Charlie & Co., was present. Staff presented a summary of packet information. McCutcheon asked if the previous sauna had a bathroom. Oakden stated she did not believe so. McCutcheon asked if there would be a sewer line to the building. Oakden said there would be a service line from the home, which the homeowner is allowed to do. McCutcheon said that does not make sense to him. He understands it's an accessory building but it is full- fledged plumbing and electric, too. Oakden agreed there would be electricity also. McCutcheon asked how far it exceeds the setback. Oakden said it was 53 feet from the lake. V McCutcheon noted, as an accessory structure, it is not too much different than what it is today. Oakden said his statement was true. Gettman asked Oakden to restate her comment regarding the covenant. Oakden said City Code allows plumbing in an accessory building if it involves a toilet. You can have a sink with a plumbing permit. If it involves a toilet, a covenant needs to be recorded about the use of the building, which would be required with the building permit. Mr. Anthon Ellis, Project Architect, Charlie & Co., representing the applicant, indicated he was available to answer any questions. McCutcheon asked if the existing structure had any footings. Mr. Ellis said they do not think so. They believe the floor is 2x4 joists resting on a compacted gravel bed. McCutcheon asked Staff if there was proof that the building was at that location 5-10 years ago. Oakden stated that there was. McCutcheon commented that it would have been surveyed before as an accessory building and wanted to make sure it wasn't pulled onto the property recently. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Oakden said it has been on the property for years, in addition to another cabin structure. The property was recently part of a subdivision; it was held in common ownership with a larger parcel. The two lots, 855 and 845, were broken off of the ownership from the property to the west. Libby asked how much of the structure being replaced would be remaining and whether there was any proposal to continue to use it as a sauna. Mr. Ellis stated there was no proposed use as a sauna. Libby clarified that it was previously used as a sauna. Mr. Ellis stated he was correct. Libby and Oakden discussed the sauna building being taken down and Libby's Finnish ancestry. Libby and Oakden had a discussion that the sauna building would be remodeled/rebuilt and is within the variance. There is another cabin located farther up the slope, with actual logs, which is not part of the application. Mr. Ellis said the homeowners are considering what to do with the other building right now. Libby indicated the new building will have a sink and a toilet and be plumbed to the main house and asked if Staff knew the distance or whether the distance was relevant. Oakden commented that it was not relevant but noted the house is just past 192 feet from the lake. Vice -Chair Erickson opened the public hearing at 7:27 p.m. There were no public comments relating to this application. Vice -Chair Erickson closed the public hearing at 7:27 p.m. Gettman moved, Libby seconded, to approve LAI 9-000105 John Kraemer, 855 Old Crystal Bay Road South, Variances. VOTE: Ayes 4, Nays 0. Erickson commented that Staff recommendations are well-prepared, specifically Page 5, and his hope is that is part of what the Commission is approving. Date Application Received: 12/18/2019 Date Application Considered as Complete: 12/27/2019 60 -Day Review Period Expires: 02/25/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 21 January 2020 Subject: #LA19-000105, John Kraemer, 855 Old Crystal Bay Rd S, Variances: Average Lakeshore + Lake Setback Public Hearing _O&_>_11 \1rSH Application Summary: The applicant is requesting lake and average lakeshore setback variances in order to expand the envelope of a building as part of an in-kind replacement in order to meet floodplain regulations. Staff Recommendation: Planning Department Staff recommends approval. Background In 2019, the applicant began construction on a new residence on the property. The applicant has now requested lake and average lakeshore setback variances in order to expand the envelope of an existing accessory building as part of an in-kind replacement in order to meet floodplain regulations. The new building will have a flat roof, and must be elevated approximately 2.4 feet. This results in the corners of the flat roof expanding outwards from the sloped portions of the existing roof approximately 1.4 feet. The expansion of the nonconforming building is minimal. DARED OUTLIVE OF (P SAUNA BUILDING ENVELOP[, TO BE RFI/OVFD o _ ---VE 3TI CAL STAIN =D CEDAR T&G SIDING -DASHED LINE Cr (P SAUNA FINISH FLOOR Practical Difficulties Analysis Applicant Practical Difficulty Submittal Information: The applicant has identified the existing conditions: location on the property/setback, floor elevation, roof/ceiling height as practical difficulties supporting the requested variance(s). Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. FILE #LA19-0000105 21 Jan 2020 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the applicant's request for a variance to allow the minimum building adjustment necessary to conform to the floodplain and shoreland low floor elevations is reasonable. The variances are supported by the practical difficulties resulting from the existing building location on the property, as well as the existing elevations of the floor and ceiling. LOT ANALYSIS WORKSHEET Section 78-1279 - Setbacks: LR -1A Required Existing Proposed West Side 15' 18.2' No change East Side 15' ±219' No change Lakeshore 75' 53' No change Average Lakeshore The building is entirely lakeward of the average lakeshore setback line. Section 78-1403- Structural Building Coverage: The lot exceeds 1.99 acres and is therefore not subject to structural coverage limitations. Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Total Area Allowed Proposed Overlay District Existing Hardcover in Zone Hardcover Hardcover Tier 26,913 s.f. 14,115 s.f. 149 s.f. Tier 1 107,655 s.f. (25 %) (13.1%) w/in 75' No Change Applicable Regulations: Lake Setback & Average Lakeshore Variances (Section 78-1279) Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary FILE #LA19-0000105 21 Jan 2020 Page 3 of 5 use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variance supports the minimal expansion of a non -conforming structure in the lake yard. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Alternatively, the goals of average lakeshore setback include protecting views from land into the lake, the requested variances to increase the height of the existing structure the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance. The most adjacent neighbors are separated from the structure and situated so that their lake views will not be impacted by the changes to the existing building. The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake. This criterion is met. 2. The variance is consistent with the comprehensive plan. The variances resulting in reconstruction of the existing sauna building without footprint expansions within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the upward volume expansion is solely to conform to the floodplain regulations. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit a minor upward expansion of the building lakeward of the average lakeshore setback and within the 75 -foot lake setback appear to be reasonable; the flat roof design minimized any potential negative impacts; the mature vegetation, topography, and property orientation separate the subject property from the adjacent neighbors. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The applicant proposes to reconstruct a nonconforming building to improve functionality for the owners. The sauna building was not constructed by the current owners; and c. The variance will not alter the essential character of the locality. The requested variances will not result in the property being out of character with the neighborhood; will not expand the footprint of the building; or result in additional encroachment into the setbacks toward the lake. The new encroachment will not alter the character of the locality. This criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's FILE #LA19-0000105 21 Jan 2020 Page 4 of 5 land is located. This condition is not applicable, as a residential accessory building is an allowed use in the LR -1A District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The proximity of the existing sauna building to the lake is an existing condition which is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location and existence of the lake yard accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other properties with lake yard accessory buildings and boathouses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The sauna building is allowed to be maintained and replaced in kind. Expansion of an existing non -conforming structure is not a right, however the building will only be expanded in order meet floodplain minimum low floor regulations. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the property. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant asserts that the variances are necessary for safety and will not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Analysis: Staff finds the applicant's request for variances to allow the minimum building adjustment, an upward expansion, necessary to conform to the floodplain and shoreland low floor elevations is reasonable. The variances are supported by the practical difficulties resulting from the existing building location on the property, as well as the existing elevations of the floor and ceiling. Public Comments To date, no public comments have been received. Issues for Consideration Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? FILE #LA19-0000105 21 Jan 2020 Page 5 of 5 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the lake setback and average lakeshore setback variances allowing the minor upward building expansions subject to the following conditions: 1) The patio/sitting area adjacent to the new building shall not be a hardcover surface. 2) The site plan revised such that the area around the new building be graded so that retaining walls or stairs are not necessary. No retaining walls or hardcover shall be approved. 3) The property owner shall sign a covenant regarding the plumbing in an accessory building. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit 1. Plat Map AGENDA ITEM Item No.: 12 Date: February 10, 2020 Item Description: LAI 9-000106 — Tom Lemmerman, 1389 Orono Lane, Variance - Resolution Presenter: Laura Oakden Agenda Consent Agenda Planner Section: 1. Purpose. Consider a variance from the average lakeshore setback requirements. 2. Background. The applicant is proposing to rebuild and expand a covered porch on an existing house along the side and street side of the home. Majority of the proposed covered porch is within a conforming location, though a portion extends into the average lakeshore setback. The applicant is also proposing to renovate the master bedroom and change the roofline from a flat roof to a gable pitched roof to match the existing roof on the home. The peak of the proposed new roof, while taller than the existing flat roof, will not be taller than the peak of the existing roof, but will encroach into the average lakeshore setback. 3. 15.99 Deadline. The applicant made a complete application on January 3, 2020. Following the 60 -day rule, the application will expire March 3, 2020. 4. Planning Commission Vote and Comment. The Planning commission reviewed the application at their meeting on January 21, 2020. . They found the proposed project had minimal impact to the neighboring property owners and the intent of the ordinance. The commission gave a unanimous recommendation of approval, 4-0. 5. Public Comment. No public comments were received. 6. Staff Recommendation. Planning Staff recommends approval of the average lakeshore setback variance for the covered porch and new roof line. COUNCIL ACTION REQUESTED A motion to approve or amend the included resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Property Owners List and Map Prepared By: LLO Reviewed By: J. Barnhart Approved By: JS)�6Z CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA198-000106 WHEREAS, on January 3, 2020, Tom Lemmerman ("Applicant"), applied for variances from the City Code for the property addressed 1389 Orono Lane and legally described as: Lots 5 & 6, Homes on Brown's Bay (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow for a covered porch and new roof lane forward of the average lakeshore setback; and WHEREAS, on January 21, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on February 10, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000106. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1A Zoning District. 3. The Property contains 0.99 acres in area and has a defined lot width of 142 feet. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback for a new covered porch and altered roofline 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed location of the home additions does not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the current location of the home. b. There are circumstances unique to the property not created by the landowner; The location of the structures on the property and configuration of the lot were not created by the property owner and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather, the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed conditional use in the LR -1A District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed addition will not change the current setbacks from the lake or property lines. The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home can be re -built in kind, the proposed addition is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed project will not impair the health, safety, comfort, or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting of the variance will resolve and alleviate a demonstrated practical difficulty. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow a new covered porch and altered roofline, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (February 10 2021). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this day of 20_ ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor ORp>tirp E L4NF fi2,gg d(t'ee. ca a as r nn a�namanr uenosea mama manan,ant ED�.o 1bnaPn eriseu-.r9 ebr. A�+W aeras aapa+ea xev. —� PenaMa avrtoee dna JENASB-L here6y ^��rY fhek bptiesra.uuxna' NRWgea FPTE47. 9SRV%YoRs' INC. mrzed ilan oi f am odWy. MY se,.�a,- exn �a ca»: oe ua stead ar w„neaoln. ONAo CLAND 2317 1. 931d St Bloomington, IdN Swl 763-559-.. 617 -751 -Ms WWd E Csaa& ware �,..– szass 9/31/IOII LAKE MINNETONKA ( RRODNS BAY) f 1 LEGAL DESCRIPTION.. Lots 5&6, HOMES ON BROWN'S RAY Hvpnsed yard. floe._ 93.173 PM PAR€L Certificate of Survey I Kathy Holschuh ORp>tirp E L4NF fi2,gg d(t'ee. ca a as r nn a�namanr uenosea mama manan,ant ED�.o 1bnaPn eriseu-.r9 ebr. A�+W aeras aapa+ea xev. —� PenaMa avrtoee dna JENASB-L here6y ^��rY fhek bptiesra.uuxna' NRWgea FPTE47. 9SRV%YoRs' INC. mrzed ilan oi f am odWy. MY se,.�a,- exn �a ca»: oe ua stead ar w„neaoln. ONAo CLAND 2317 1. 931d St Bloomington, IdN Swl 763-559-.. 617 -751 -Ms WWd E Csaa& ware �,..– szass 9/31/IOII LAKE MINNETONKA ( RRODNS BAY) f 1 LEGAL DESCRIPTION.. Lots 5&6, HOMES ON BROWN'S RAY Hvpnsed yard. floe._ 93.173 PM PAR€L Certificate of Survey I Kathy Holschuh D co c IZi � S U Ws-68 r w�rQo �" w zvywm �� O � �a a C1 C L " p�' Ca 0 IEO CU Z3 'X WO"'zpo o X �: -C O moa oaU oo aoo m a ¢[am ® �! Q w�o�QQ wo q¢ " ow zooQ a4rcgoz o u. F az4¢g ¢ Q m o e a m C: Ooaa u,�90 .J N v Z O ¢DY bUF pypQos¢ Q¢a kN-Q¢3 p��4 '..! �zazo �s ao�aQtta -o �ugoo.No w -Tv o ba��o$©-�QO -ou;Q nm¢_src m¢ozm'mtlm D co IZi � S U O i d Q co C37 C1 C L " p�' Ca 0 IEO CU Z3 'X 13) o X �: -C O Q) E CQ 70 U O O Qi CFS a) L E 0� m a S -M -0 r lU N L Q WO LPFX'f ai WC[�ai .J N o N o "I � m 81 >co a Q I 1 c ) co s SS fjj i N!d ei:£e£ BLUU( o LU Flo 'm�lm E N Z C 'cz2 N 'O asa a a� m LI0 z �W j _ I LU s" E I Iii a l o � I. rE a�ttlaL:� oPxz--Ic1 � a�vaaLOLxz-iel -. f: aar.r�lu aaxc-lc} � � 031:a9at ascz Ish I - — p Illi i a od wl;;l vo=w7 a. 1 Nlil sl¢ wi - �Qoaa I w (Ellv3aL X -r ilii LLI LU SR3 I W x `1 l w Z sU LL S! �lii r 4 zwa ./ Ifl P Ili, a xQ ati z = A'rdaioua: Sal e m IJ .. 9 b A- of IP 6 Im m o- �91 p [s3 CL ^ m }1 C o N LLJ � a cm ev co N O a n o h �II y 45N X W VI P { >�® a < a C P ry L. -L- y NS I W LIJ l r IL LLJa a�ttlaL:� oPxz--Ic1 � a�vaaLOLxz-iel -. f: aar.r�lu aaxc-lc} � � 031:a9at ascz Ish I - — p Illi i a od wl;;l vo=w7 a. 1 Nlil sl¢ wi - �Qoaa I w (Ellv3aL X -r ilii LLI LU SR3 I W x `1 l w Z sU LL S! �lii r 4 zwa ./ Ifl P Ili, a xQ ati z = A'rdaioua: Sal e m IJ .. 9 b A- of IP 6 Im m o- �91 p [s3 CL ^ m }1 C o N O 0 � a cm ev co a n o h a�ttlaL:� oPxz--Ic1 � a�vaaLOLxz-iel -. f: aar.r�lu aaxc-lc} � � 031:a9at ascz Ish I - — p Illi i a od wl;;l vo=w7 a. 1 Nlil sl¢ wi - �Qoaa I w (Ellv3aL X -r ilii LLI LU SR3 I W x `1 l w Z sU LL S! �lii r 4 zwa ./ Ifl P Ili, a xQ ati z = A'rdaioua: Sal e m IJ .. 9 b A- of IP 6 wdmwcow lffl 3g I j ' Ir m Q o c5 > ago m 8 ui I j co CLi Z _ `f'LU Of moi$ E �I r1 ' kr I ii1' 0MO 9ddakid 0f7Ct-@ — - dQtlO OIX� IE �3ddOtiO PIXt-IE I �3dtt!{dOItl1I`�IjI44 - I _ _ ' 4 �Z{❑ P - Ilk- uj V. I Nva � �al k Ir -V S 1 r I I LLJcPi CL Lu LU R a I l � I '� oT - ' � III '�i�f I •1 _- �>y �' V V U W a 1 - �o - ❑3ddOifa 9C` �Er -_ + 1py. uiw.j I ` A -Al 7 { \� I LU \ 2 ; 2 u cd,[ !I �- Q 2All I L i-.-. { \� { Wd tseceec MMOL 1W I! ►, l- = uss d LLa.M'p VV114 j� ¢S'6S UO1 �. �� III—• z 4 4 a C4 r RIB . E�� $m e,B.MB Sit;; l me�_m`8m=38`dm�E �I lutes ¢ aw W z so�aLLl a°. �w7�c m m o�sn8�d �a 6a ¢�>� a v 19Q9 Yui � X 9° flmm—'Wy6 J ayw u� ¢ s- ha ao❑ aoEmaamieiaE 2 — E -F d1?� wUi'oULLV U I ZDV � r1 F0 0 Q ®�i�yu, w O¢ �Q�O L o 0 W Us 2 a Z oa4a a4 �4 o FW uEi I� 5J Lu `rt a¢ ci'maom szoLLER&A oa ! V V avc�oa�u�so Wd tseceec MMOL 1W I! ►, l- = uss d LLa.M'p VV114 j� ¢S'6S UO1 �. �� III—• z 4 4 a C4 r RIB . E�� $m e,B.MB Sit;; l me�_m`8m=38`dm�E �I lutes ¢ aw W z so�aLLl a°. �w7�c m m o�sn8�d �a 6a ¢�>� a v 19Q9 Yui � X 9° flmm—'Wy6 J ayw u� ¢ s- ha ao❑ aoEmaamieiaE 2 — E -F d1?� wUi'oULLV m s 3 f n a a� $ Wd tseceec MMOL 1W I! ►, l- = uss d LLa.M'p VV114 j� ¢S'6S UO1 �. �� III—• z 4 4 a C4 r RIB . E�� $m e,B.MB Sit;; l me�_m`8m=38`dm�E �I lutes ¢ aw W z so�aLLl a°. �w7�c m m o�sn8�d �a 6a ¢�>� a v 19Q9 Yui � X 9° flmm—'Wy6 J ayw u� ¢ s- ha ao❑ aoEmaamieiaE 2 — E -F d1?� wUi'oULLV 0oloyd#90£L6-96b8LYV L6E89-NW "'7fe u-l-ouwo-68£LIIIelap-sawoilpuealelsaleallwoo'solleej*AkM wll:sdll14 _ �i nnalnlaa» deal (ualleJ WA Bb:OI'6LIEILL ®w03'1ollual - LUSS NW 'el"zfRm lu-L auolo 69E z s r v Vm� W" 3u A9 Q3E�DMIRPm WL lA3WmI 3IVZ ONONO 68£I 3JV SIIaBL631 4�Qfa 3'oex" Hm wru OIL �9da as9'i31M 93➢UlM alga-sa(6911midcw NKFI 4-=R L9 lb 371pi1d#?7'�t4rPl1 NXL2e+lS?L 43]? IG b1 t1 MN2l2? 3Togaod 11-T Idiom 9l7Ilmd]ab .4W VMVA+p743'��L=IP" QM Rgllbmkl 011 BO@1ib 19.�3H�BTYi'1�g31L1N ['�--$ v'S"ffi$ (&LCnF BY rypiat�-7 'RYAIk)7 91JfY'9 lB7 TT%:rv7. baY1�31.19LllBa6MCY Qp i�917VlEIl� 3119GRW�V L?£i�$-N!1]196�0]YJ iVtfII�IPlk9 �4'!i 1JFiaw am"m T 1A1G3d 3pIS o �ill7da0.357t9 11M SIlt �IiY�TIi� 1=319 y y 4� mo(w 5 s A�w3ivie .um� +�uae m€n Yuen rr eau �d'�aou � OhO v 1 5QEl i7 #TMIYdn7 T11Ufi711 X131 S�IAd ffi1M'�14A OYEL-6LC (cwu 7!1 cfrd? %= 08 'L�L9 oNN'�1aNm=!Olw4OlYitld.1 Jm oil �� L d Y. -rymr j a'b waw w 20-MU0:V A313w4XI1 'm ie LN3Jd+3�� rw wwwoicw 9nualVE .�dH'PNi gam �11VIMRi1�SN 141a71Ri1 an s1 �q w�m3s •AINIQa -1 10 1 -rx�.�w2anoa Cwi*m(wbmorauiTJ sw<: a Vpmvtn etnnaa�aa7rau ugzw $MDIlChi'Gi2101 1k3 x e w cwwm' 40F.MNms� Nol IdW_Y93a �s z e1'vlazivm �EavuauAsQMaMNIsaujgsa°3anu •4, F g a V-10T�Y7 U69£1$p9UB8JID�3�R✓IRf93jarALWMpW-WWU !Y 6V91A 993t1aaY =.a„0 313.1U1'�m RN7fp11 ®1d131D P,�J.b[j S3fUNeBVIA o9EF-Rtz'r¢ RJ e �� ON 1YtlL7RLL417J�A1Y4^O121E�11AE}3�lPJ 3/d43Ctl .t=.'d/l. tla-6dJ'I3+_�¢ llPtb RYh+8.ux 3�i7�s.�9+b 43�3W Ain L?i 41i 6TW'F3tA'v, 'tl QIY9gL']5•Hg19/3Fi •:1Y13�1 $31G1 yy �'11rr�l7fl '-�tWYYJ JW"30 19l' TN Y8u q+71�&51G711791H Md1�M6tlItlI1PJ 1111 - fiV97✓II 3LL9i7R3p 9 aOkN934OsN TSHM30MTt:arda 4Lam 4ap ep cl� 0 3Sb`��}fJC)@ 9NIlSIX3 CJ �pZ �U-u wopz QG�LL a� ��uxiQ N � R z 2 Z v O z Z �LLI� d= �pZ �U-u wopz QG�LL a� ��uxiQ N � R z $ h64 "7ffl aiwio'x 3u Aa ehn€zbn3aunll�sa9ivu 3W aua #n �a r WE Mnd *d u9 31i16111�G9mamm ami w7 .mmgllgir^A7� mess-Gzs (E9uARE] 'G 01 ww N7433M 3H990aSt 9�AROw T-< ejrn 5"Mw QMW Aix as ym m ®Dn sv uNr91Pl1SXli CW9a11]3VMVA39t7M13J K Wyu''i9 'li "9@ 33a`J6 tw4-N3n =.t1hN7 �oo� 1v� rnYFl3sgrlie9n15n��$in^v a+v 2G17vavw �� F = 8_~LLd 9:VgZ111 31L Y7%�37YMa9970 M77dML'i[9 -3aD1-L3z1 Alf➢B4117Nm CM 791Wa370H1�iliI C3O�W 31C Ho0 L=,I-g I PI �r*9)0 74PO h1tsm• l-,6 hFE1 :FZOI-.V; hI4lsDq �.A4 tx Z M. 14 x Lu 22 5 �r*9)0 74PO h1tsm• l-,6 hFE1 :FZOI-.V; hI4lsDq �.A4 tx Z M. 14 zQ � � 5arf�fl?ll 3oaa � z� 3�QTap z�Q �su�Ofs=-wQ z y �r*9)0 74PO h1tsm• l-,6 hFE1 :FZOI-.V; hI4lsDq �.A4 tx Z M. a' N al.v�a .w� �' BIlaBlFr313d'A °7UA! X 370111J�a7v1{ ty � 3TR>7 ONO�(J 68£I `-�37�'JR�iY iil@XI'1d m11 qC s d 6V9/LI 9931QOC l.z$t9 �731p 111J7511Q�iM �7d17Y 99�4�fi iiUA3�11S Owz-Ga es%) L] m� aam3y ax1t1�1Y3la�MYisO1MPk1gU3Al7�pCxL Q� dl$x ua asm..e 7Y�miasantnsx'o�uiado sa�a.iw� g QVw*jmYX7fi?**Bgz' kwhaf i,?1 ��' Aja wd1 =.lL�i76� �O'T3 ifil. T7I�o4p AilS9 isXz8�'elY 4MifP77YtlIXYJ mil 39 MU OW QUM'maea4a 82'WALMMAH m ev -MCOW3ai P7-6 We m naa talft vim $ � btvz.4wil1 ?pM/113LL l0 mac auce 1F 31A141�T[3 3d'hl L919 :411J HER R � �!V'I ON060 69E1 3YI v18��1siM1l9 31QPJ1'kHV tuP NY7dRIL ; w W91D ea aar 1�uc aam sup arcx a3tre m smsm c 1vm asEz sure w n 2�GV3ei LlIPt1LRLRW 10 WNQJWM M2L':MJ Z14A0<1"RE "tL�fBdXAW7l�C^Y4ffiLpiOgLr63".•"" F o'a.Vm .l-eii=�^ a4 RArtl aP3H W/W7El.'Eb'pGllgh�i3`PiMi37LCi1 yy /�IIIIGIR{I € -g.Rs :u on 3sr� wd�w�ar =a te �oo� to'r nrWoay.Wla�l VMVA3uVwaaV30 �i11 sW svauu 3iL'NXpd1210saUMIrAoJWWWT/11fIMUzjQ NYId C�{0'J76 rr 3LY6 �O! T tloii J ITIQWAM YAdM MM MH 1'-1 4M R31&S roux mere N M O � � � 4 z z z V X 111 � '3 X ORp>tirp E L4NF fi2,gg d(t'ee. ca a as r nn a�namanr uenosea mama manan,ant ED�.o 1bnaPn eriseu-.r9 ebr. A�+W aeras aapa+ea xev. —� PenaMa avrtoee dna JENASB-L here6y ^��rY fhek bptiesra.uuxna' NRWgea FPTE47. 9SRV%YoRs' INC. mrzed ilan oi f am odWy. MY se,.�a,- exn �a ca»: oe ua stead ar w„neaoln. ONAo CLAND 2317 1. 931d St Bloomington, IdN Swl 763-559-.. 617 -751 -Ms WWd E Csaa& ware �,..– szass 9/31/IOII LAKE MINNETONKA ( RRODNS BAY) f 1 LEGAL DESCRIPTION.. Lots 5&6, HOMES ON BROWN'S RAY Hvpnsed yard. floe._ 93.173 PM PAR€L Certificate of Survey I Kathy Holschuh ORp>tirp E L4NF fi2,gg d(t'ee. ca a as r nn a�namanr uenosea mama manan,ant ED�.o 1bnaPn eriseu-.r9 ebr. A�+W aeras aapa+ea xev. —� PenaMa avrtoee dna JENASB-L here6y ^��rY fhek bptiesra.uuxna' NRWgea FPTE47. 9SRV%YoRs' INC. mrzed ilan oi f am odWy. MY se,.�a,- exn �a ca»: oe ua stead ar w„neaoln. ONAo CLAND 2317 1. 931d St Bloomington, IdN Swl 763-559-.. 617 -751 -Ms WWd E Csaa& ware �,..– szass 9/31/IOII LAKE MINNETONKA ( RRODNS BAY) f 1 LEGAL DESCRIPTION.. Lots 5&6, HOMES ON BROWN'S RAY Hvpnsed yard. floe._ 93.173 PM PAR€L Certificate of Survey I Kathy Holschuh D co c IZi � S U Ws-68 r w�rQo �" w zvywm �� O � �a a C1 C L " p�' Ca 0 IEO CU Z3 'X WO"'zpo o X �: -C O moa oaU oo aoo m a ¢[am ® �! Q w�o�QQ wo q¢ " ow zooQ a4rcgoz o u. F az4¢g ¢ Q m o e a m C: Ooaa u,�90 .J N v Z O ¢DY bUF pypQos¢ Q¢a kN-Q¢3 p��4 '..! �zazo �s ao�aQtta -o �ugoo.No w -Tv o ba��o$©-�QO -ou;Q nm¢_src m¢ozm'mtlm D co IZi � S U O i d Q co C37 C1 C L " p�' Ca 0 IEO CU Z3 'X 13) o X �: -C O Q) E CQ 70 U O O Qi CFS a) L E 0� m a S -M -0 r lU N L Q WO LPFX'f ai WC[�ai .J N o N o "I � m 81 >co a Q I 1 c ) co s SS fjj i N!d ei:£e£ BLUU( o LU Flo 'm�lm E N Z C 'cz2 N 'O asa a a� m LI0 z �W j _ I LU s" E I Iii a l o � I. rE a�ttlaL:� oPxz--Ic1 � a�vaaLOLxz-iel -. f: aar.r�lu aaxc-lc} � � 031:a9at ascz Ish I - — p Illi i a od wl;;l vo=w7 a. 1 Nlil sl¢ wi - �Qoaa I w (Ellv3aL X -r ilii LLI LU SR3 I W x `1 l w Z sU LL S! �lii r 4 zwa ./ Ifl P Ili, a xQ ati z = A'rdaioua: Sal e m IJ .. 9 b A- of IP 6 Im m o- �91 p [s3 CL ^ m }1 C o N LLJ � a cm ev co N O a n o h �II y 45N X W VI P { >�® a < a C P ry L. -L- y NS I W LIJ l r IL LLJa a�ttlaL:� oPxz--Ic1 � a�vaaLOLxz-iel -. f: aar.r�lu aaxc-lc} � � 031:a9at ascz Ish I - — p Illi i a od wl;;l vo=w7 a. 1 Nlil sl¢ wi - �Qoaa I w (Ellv3aL X -r ilii LLI LU SR3 I W x `1 l w Z sU LL S! �lii r 4 zwa ./ Ifl P Ili, a xQ ati z = A'rdaioua: Sal e m IJ .. 9 b A- of IP 6 Im m o- �91 p [s3 CL ^ m }1 C o N O 0 � a cm ev co a n o h a�ttlaL:� oPxz--Ic1 � a�vaaLOLxz-iel -. f: aar.r�lu aaxc-lc} � � 031:a9at ascz Ish I - — p Illi i a od wl;;l vo=w7 a. 1 Nlil sl¢ wi - �Qoaa I w (Ellv3aL X -r ilii LLI LU SR3 I W x `1 l w Z sU LL S! �lii r 4 zwa ./ Ifl P Ili, a xQ ati z = A'rdaioua: Sal e m IJ .. 9 b A- of IP 6 wdmwcow lffl 3g I j ' Ir m Q o c5 > ago m 8 ui I j co CLi Z _ `f'LU Of moi$ E �I r1 ' kr I ii1' 0MO 9ddakid 0f7Ct-@ — - dQtlO OIX� IE �3ddOtiO PIXt-IE I �3dtt!{dOItl1I`�IjI44 - I _ _ ' 4 �Z{❑ P - Ilk- uj V. I Nva � �al k Ir -V S 1 r I I LLJcPi CL Lu LU R a I l � I '� oT - ' � III '�i�f I •1 _- �>y �' V V U W a 1 - �o - ❑3ddOifa 9C` �Er -_ + 1py. uiw.j I ` A -Al 7 { \� I LU \ 2 ; 2 u cd,[ !I �- Q 2All I L i-.-. { \� { Wd tseceec MMOL 1W I! ►, l- = uss d LLa.M'p VV114 j� ¢S'6S UO1 �. �� III—• z 4 4 a C4 r RIB . E�� $m e,B.MB Sit;; l me�_m`8m=38`dm�E �I lutes ¢ aw W z so�aLLl a°. �w7�c m m o�sn8�d �a 6a ¢�>� a v 19Q9 Yui � X 9° flmm—'Wy6 J ayw u� ¢ s- ha ao❑ aoEmaamieiaE 2 — E -F d1?� wUi'oULLV U I ZDV � r1 F0 0 Q ®�i�yu, w O¢ �Q�O L o 0 W Us 2 a Z oa4a a4 �4 o FW uEi I� 5J Lu `rt a¢ ci'maom szoLLER&A oa ! V V avc�oa�u�so Wd tseceec MMOL 1W I! ►, l- = uss d LLa.M'p VV114 j� ¢S'6S UO1 �. �� III—• z 4 4 a C4 r RIB . E�� $m e,B.MB Sit;; l me�_m`8m=38`dm�E �I lutes ¢ aw W z so�aLLl a°. �w7�c m m o�sn8�d �a 6a ¢�>� a v 19Q9 Yui � X 9° flmm—'Wy6 J ayw u� ¢ s- ha ao❑ aoEmaamieiaE 2 — E -F d1?� wUi'oULLV m s 3 f n a a� $ Wd tseceec MMOL 1W I! ►, l- = uss d LLa.M'p VV114 j� ¢S'6S UO1 �. �� III—• z 4 4 a C4 r RIB . E�� $m e,B.MB Sit;; l me�_m`8m=38`dm�E �I lutes ¢ aw W z so�aLLl a°. �w7�c m m o�sn8�d �a 6a ¢�>� a v 19Q9 Yui � X 9° flmm—'Wy6 J ayw u� ¢ s- ha ao❑ aoEmaamieiaE 2 — E -F d1?� wUi'oULLV 0oloyd#90£L6-96b8LYV L6E89-NW "'7fe u-l-ouwo-68£LIIIelap-sawoilpuealelsaleallwoo'solleej*AkM wll:sdll14 _ �i nnalnlaa» deal (ualleJ WA Bb:OI'6LIEILL ®w03'1ollual - LUSS NW 'el"zfRm lu-L auolo 69E z s r v Vm� W" 3u A9 Q3E�DMIRPm WL lA3WmI 3IVZ ONONO 68£I 3JV SIIaBL631 4�Qfa 3'oex" Hm wru OIL �9da as9'i31M 93➢UlM alga-sa(6911midcw NKFI 4-=R L9 lb 371pi1d#?7'�t4rPl1 NXL2e+lS?L 43]? IG b1 t1 MN2l2? 3Togaod 11-T Idiom 9l7Ilmd]ab .4W VMVA+p743'��L=IP" QM Rgllbmkl 011 BO@1ib 19.�3H�BTYi'1�g31L1N ['�--$ v'S"ffi$ (&LCnF BY rypiat�-7 'RYAIk)7 91JfY'9 lB7 TT%:rv7. baY1�31.19LllBa6MCY Qp i�917VlEIl� 3119GRW�V L?£i�$-N!1]196�0]YJ iVtfII�IPlk9 �4'!i 1JFiaw am"m T 1A1G3d 3pIS o �ill7da0.357t9 11M SIlt �IiY�TIi� 1=319 y y 4� mo(w 5 s A�w3ivie .um� +�uae m€n Yuen rr eau �d'�aou � OhO v 1 5QEl i7 #TMIYdn7 T11Ufi711 X131 S�IAd ffi1M'�14A OYEL-6LC (cwu 7!1 cfrd? %= 08 'L�L9 oNN'�1aNm=!Olw4OlYitld.1 Jm oil �� L d Y. -rymr j a'b waw w 20-MU0:V A313w4XI1 'm ie LN3Jd+3�� rw wwwoicw 9nualVE .�dH'PNi gam �11VIMRi1�SN 141a71Ri1 an s1 �q w�m3s •AINIQa -1 10 1 -rx�.�w2anoa Cwi*m(wbmorauiTJ sw<: a Vpmvtn etnnaa�aa7rau ugzw $MDIlChi'Gi2101 1k3 x e w cwwm' 40F.MNms� Nol IdW_Y93a �s z e1'vlazivm �EavuauAsQMaMNIsaujgsa°3anu •4, F g a V-10T�Y7 U69£1$p9UB8JID�3�R✓IRf93jarALWMpW-WWU !Y 6V91A 993t1aaY =.a„0 313.1U1'�m RN7fp11 ®1d131D P,�J.b[j S3fUNeBVIA o9EF-Rtz'r¢ RJ e �� ON 1YtlL7RLL417J�A1Y4^O121E�11AE}3�lPJ 3/d43Ctl .t=.'d/l. tla-6dJ'I3+_�¢ llPtb RYh+8.ux 3�i7�s.�9+b 43�3W Ain L?i 41i 6TW'F3tA'v, 'tl QIY9gL']5•Hg19/3Fi •:1Y13�1 $31G1 yy �'11rr�l7fl '-�tWYYJ JW"30 19l' TN Y8u q+71�&51G711791H Md1�M6tlItlI1PJ 1111 - fiV97✓II 3LL9i7R3p 9 aOkN934OsN TSHM30MTt:arda 4Lam 4ap ep cl� 0 3Sb`��}fJC)@ 9NIlSIX3 CJ �pZ �U-u wopz QG�LL a� ��uxiQ N � R z 2 Z v O z Z �LLI� d= �pZ �U-u wopz QG�LL a� ��uxiQ N � R z $ h64 "7ffl aiwio'x 3u Aa ehn€zbn3aunll�sa9ivu 3W aua #n �a r WE Mnd *d u9 31i16111�G9mamm ami w7 .mmgllgir^A7� mess-Gzs (E9uARE] 'G 01 ww N7433M 3H990aSt 9�AROw T-< ejrn 5"Mw QMW Aix as ym m ®Dn sv uNr91Pl1SXli CW9a11]3VMVA39t7M13J K Wyu''i9 'li "9@ 33a`J6 tw4-N3n =.t1hN7 �oo� 1v� rnYFl3sgrlie9n15n��$in^v a+v 2G17vavw �� F = 8_~LLd 9:VgZ111 31L Y7%�37YMa9970 M77dML'i[9 -3aD1-L3z1 Alf➢B4117Nm CM 791Wa370H1�iliI C3O�W 31C Ho0 L=,I-g I PI �r*9)0 74PO h1tsm• l-,6 hFE1 :FZOI-.V; hI4lsDq �.A4 tx Z M. 14 x Lu 22 5 �r*9)0 74PO h1tsm• l-,6 hFE1 :FZOI-.V; hI4lsDq �.A4 tx Z M. 14 zQ � � 5arf�fl?ll 3oaa � z� 3�QTap z�Q �su�Ofs=-wQ z y �r*9)0 74PO h1tsm• l-,6 hFE1 :FZOI-.V; hI4lsDq �.A4 tx Z M. a' N al.v�a .w� �' BIlaBlFr313d'A °7UA! X 370111J�a7v1{ ty � 3TR>7 ONO�(J 68£I `-�37�'JR�iY iil@XI'1d m11 qC s d 6V9/LI 9931QOC l.z$t9 �731p 111J7511Q�iM �7d17Y 99�4�fi iiUA3�11S Owz-Ga es%) L] m� aam3y ax1t1�1Y3la�MYisO1MPk1gU3Al7�pCxL Q� dl$x ua asm..e 7Y�miasantnsx'o�uiado sa�a.iw� g QVw*jmYX7fi?**Bgz' kwhaf i,?1 ��' Aja wd1 =.lL�i76� �O'T3 ifil. T7I�o4p AilS9 isXz8�'elY 4MifP77YtlIXYJ mil 39 MU OW QUM'maea4a 82'WALMMAH m ev -MCOW3ai P7-6 We m naa talft vim $ � btvz.4wil1 ?pM/113LL l0 mac auce 1F 31A141�T[3 3d'hl L919 :411J HER R � �!V'I ON060 69E1 3YI v18��1siM1l9 31QPJ1'kHV tuP NY7dRIL ; w W91D ea aar 1�uc aam sup arcx a3tre m smsm c 1vm asEz sure w n 2�GV3ei LlIPt1LRLRW 10 WNQJWM M2L':MJ Z14A0<1"RE "tL�fBdXAW7l�C^Y4ffiLpiOgLr63".•"" F o'a.Vm .l-eii=�^ a4 RArtl aP3H W/W7El.'Eb'pGllgh�i3`PiMi37LCi1 yy /�IIIIGIR{I € -g.Rs :u on 3sr� wd�w�ar =a te �oo� to'r nrWoay.Wla�l VMVA3uVwaaV30 �i11 sW svauu 3iL'NXpd1210saUMIrAoJWWWT/11fIMUzjQ NYId C�{0'J76 rr 3LY6 �O! T tloii J ITIQWAM YAdM MM MH 1'-1 4M R31&S roux mere N M O � � � 4 z z z V X 111 � '3 X MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. 5. LA19-000106 TOM LEMMERMAN, 1389 ORONO LANE, VARIANCE, 7:29 P.M. - 7:36 P.M. Tom Lemmerman, Applicant, was present. Staff presented a summary of packet information. Gettman asked to see drawings of the proposed new roof line. Oakden, using an illustration, indicated both the existing and proposed roof lines. Libby asked if the maximum height of the roof line was within the City's 30 -foot number. Oakden answered that it was. Gettman asked if the proposed roof line would only impact the view of the neighbor to the left. Oakden said potentially. She noted the neighbor to the side is set farther back which is causing the shape of the average lakeshore setback. Gettman asked if the neighbor's line of sight to Browns Bay was the only impact Staff was aware of. Oakden indicated that was correct. Oakden used an aerial photograph to show the 1395 location and indicated the house's orientation. She also showed the 1389 location and described the proposed changes on the house. Libby indicated there were not a lot of changes. Erickson said it is a variance but not a big one. Mr. Tom Lemmerman said he is the builder. The exterior of the house is in extreme need of tender loving care. The roof over the master bedroom is lower pitched and having water issues. It was an addition to the house and they would like to raise the vault on it. The wrap-around porch is a definite bonus to the house. They talked to the neighbor to the east, who said the house to the east of him was remodeled last fall and now the house to the west of him is being remodeled, and he thanked the builder for putting pressure on him and his wife to do work on their place. That was the only comments with neighbors. Vice -Chair Erickson opened the public hearing at 7:35 p.m. There were no public comments relating to this application. Vice -Chair Erickson closed the public hearing at 7:35 p.m. McCutcheon moved, Gettman seconded, to approve LA19-000106 Tom Lemmerman, 1389 Orono Lane, Variance. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Date Application Received: 12/18/2019 Date Application Considered as Complete: 1/3/2020 60 -Day Review Period Expires: 3/2/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: January 21, 2020 Subject: LA19-000106, Tom Lemmerman, 1389 Orono Lane, Variance, Public Hearing Application Summary: The applicant is requesting an average lakeshore setback variance. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is proposing to rebuild and expand a covered porch on an existing house along the side and street side of the home. Majority of the proposed covered porch is within a conforming location, though a portion extends into the average lakeshore setback. The applicant is also proposing to renovate the master bedroom and change the roofline from a flat roof to a gable pitched roof to match the existing roof on the home. The peak of the proposed new roof will not be taller than the peak of the existing roof. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the current location of the existing home as practical difficulty supporting the requested variance to alter the roof line and add the porch. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there is practical difficulties inherent with the proposed property. The existing homes location limits the types of addition and renovations that can be done with the home. The proposed covered porch and new roofline do not create new setbacks or new encroachments in the lake view. The proposed additions are designed for limited new encroachments within the average lakeshore setback. LOT ANALYSIS WORKSHEET Section 78-305- Setbacks: DISTRICT Required Existing Proposed Street 50' 136' 136' No change Side 15' 53' 53' No change Side 15' 25.7' 25.7' No change Lakeshore 75' 75' 75' No change LA19-000106 January 21, 2020 Page 2 of 4 Average Lakeshore Not Met Section 78-1700 - Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 43,363 s.f. 10,840.75 s.f. 9, 097.8 s.f. 8,964 s.f. Tier 1 (0.99 acre) (25 %) (21 %) (20.7%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing home is currently places forward of the ALS. The proposed covered porch wraps around the north and west side the property. Due to the location of the existing home, a portion of the proposed covered porch along the west side of the property, which services a side door, is forward of the ALS. The remodel of the home will change a part of the roof line as well over the master bedroom on the west side of the home. Currently there is a flat roof in this portion of the home and will be replaced with a pitched roof to match the existing roof line. The proposed new peak will be lower than the peak of the existing roof. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed location of the home additions do not block lake views of the adjacent property owners, and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the current location of the home. LA19-000106 January 21, 2020 Page 3 of 4 b. There are circumstances unique to the property not created by the landowner; ; The location of the structures on the property and configuration of the lot were not created by the property owner and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather, the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed conditional use in the LR -1A District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed addition will not change the current setbacks from the lake or property lines. The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home can be re -built in kind, the proposed addition is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed project will not impair the health, safety, comfort, or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting of the variance will resolve and alleviate a demonstrated practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. LA19-000106 January 21, 2020 Page 4 of 4 Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Planning Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance for the covered porch and new roof line. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map AGENDA ITEM Item No.: 13 Date: February 10, 2020 Item Description: Orono Preserve Security for Sidewalk Repair Presenter: Jeremy Barnhart, AICP Agenda Consent Agenda Community Development Director Section: 1. Purpose. To consider exchanging a Letter of Credit for cash security to guarantee the repair of 39 sidewalk panels at Orono Preserve. 2. Background. Sidewalks were required along the streets in the Orono Preserve subdivision. These sidewalks were installed, but upon inspection prior to acceptance of the improvements, it was noted that 48 panels of sidewalks were damaged during the construction of the adjacent house and/or utilities. The development contract required the provision of a letter of credit to guarantee completion of improvements, including the sidewalks. The LOC is currently $110,198.00. The development agreement does not permit the reduction of the letter of credit below this amount. As the repair of the sidewalks is the only remaining item, the developer proposes replacing the letter of credit with a separate escrow agreement and a cash escrow deposit. The City Engineer has agreed that $39,000 is an appropriate amount to guarantee completion of the repair work, the City attorney has drafted the escrow agreement. 3. Staff Recommendation. Staff supports the proposed action. With Council approval and execution of the escrow agreement, the letter of credit will be released. COUNCIL ACTION REQUESTED City Council should approve the escrow agreement as drafted. Exhibits A. Draft Escrow Agreement B. Map showing damaged panels C. Letter of Request References Orono Preserve Development Agreement Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV ESCROW AGREEMENT AGREEMENT made this day of ORONO, a Minnesota municipal corporation ("City") and 2020, by and between the CITY OF , a ("Builder") Recitals A. The City entered into a Development Contract for Orono Preserve ("Development") with OP5 Orono, LLC, a Minnesota limited liability company ("Developer") for Project Nos. 16-3807 and 16-3842, dated September 16, 2017 ("Contract"). B. The Contract requires Developer to provide a letter of credit ("Security") to the City in the amount of 150% of the cost of the Improvements. C. Developer has provided a Letter of Credit to the City and has installed the required Improvements. D. Through the course of construction of the Development, 48 sidewalk panels have been damaged and need to be replaced before the City will accept these Improvements. E. The Developer has agreed to provide the necessary security, in the amount of Thirty-nine Thousand and no/100ths ($39,000.00) Dollars to ensure the sidewalk panels are repaired or replaced. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement and the return of the Security, the Builder shall deposit $39,000.00 with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The Escrow shall be substituted as the Security in the Contract. All terms of the Contract applicable to the Security shall apply to the Escrow. 3. REFUND OF ESCROW. The escrow shall be retained in its entirety until all sidewalk panels have been replaced to the satisfaction of the City. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. CITY: CITY OF ORONO By: City Administrator/Planner/Building Official 207245v1 DEVELOPER: Un Its [print name] [title] Orono Preserve _ City of Orono, MN k Defective Sidewalk PanelsBOLTN � & E N K December 2019 Real People. Real Solutions. r 3 Legend V ` Defective Panels ;-...� H: ., - �'*�.�?'i�"°.rsr'rabvn��:.+E:�f.$ `" - s'-�+^�rv.. - ::y-�"r' ''• � P arcels .. _ - M UH,, -S-WY-NO-1 0 100 y Feet ` Source: City of Orono, Hennepin County, MnDOT MnDNR, Nearmap EXCELSIOR Av The Excelsior Group February 3, 2020 Jeremy Barnhart City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Jeremy, On behalf of OP5 Orono, Developer of Orono Preserve, we are requesting the approval and execution of the drafted Escrow Agreement. The purpose of this escrow agreement between OP5 Orono, LLC and the City of Orono is to keep funds in escrow to ensure the replacement of the 48 sidewalk panels in Orono Preserve identified as needed for replacement after wear course installation. Utilities and streets have been accepted by the City of Orono, therefore, OP5 Orono is requesting the escrow agreement to be put in place to allow the release of the current Letter of Credit, less the amount of $39,000 to remain as security for the replacement of the 48 sidewalk panels, until such work is completed and approved by the City of Orono. Thank you, Steph Griffin Development Manager The Excelsior Group, LLC •:• 1660 Highway 100 S., Suite 400, St. Louis Park, MN 55416 952-525-3200 •:• ExcelsiorLLC.com •. Info@ ExcelsiorLLC.com AGENDA ITEM Item No.: 14 Date: February 10, 2020 Item Description: LAI 9-000101 — Al Azad, 200 Bederwood Road, Lot Area Variance Presenter: Laura Oakden Agenda Planning department Planner Section: report 1. Purpose. Consider a lot area variance for 200 Bederwood. 2. Background. Mr. Azad owns 200 Bederwood Road (LR -IA, 2 Acres) and an existing 2.08 acre lot to the east (PID 05-117-23-13-0055, "Lot A"); this lot, considered a lot of record, does not have frontage or access to a public or private road. Mr. Azad proposes to establish a driveway easement through his current lot at 200 Bederwood to provide access to Lot A. Per City Code (82-254), Public and private rights-of-way, vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. 200 Bederwood is currently substandard in area and subtracting the new driveway easement would decrease the lot area by roughly 8,062 sq.ft. 200 Bederwood is requesting a lot area variance to accommodate the proposed driveway easement. 3. 15.99 Deadline. The applicant made a complete application on December 17, 2019. Following the 60 -day review the application would expire February 15, 2020. An administrative 60 -day extension was issued, the application will expire on April 15, 2020. 4. Planning Commission Vote and Comment. The Planning Commission reviewed the application at their meeting on January 21St. They discussed the responsibilities of individual service lines. The Commission also discussed the lot area variance for the purpose of creating access to a lot with no frontage. Commission Gettman raised concerns regarding the placement of the proposed easement in relation to the neighboring property owners. The Commission voted 3-1 to recommend approval of the proposed lot area variance. (Gettman voted no.) 5. Public Comment. The neighbor across the street at 185 Bederwood Rd has provided a letter of support. The neighbors located at 222 attended and spoke at the Planning Commission meeting. They voiced concerns regarding their current sewer service line, the proposed location of the driveway and its impact on the existing current tree line. The minutes to the Planning Commission meetings are included as Exhibit C. The applicant has noted to staff there are roughly 5 trees located in the proposed easement area and 3 of these are dead. Regarding the sewer service line, there is currently a city sewer line and man hole located within 200 Bederwood Rd. This trunk has 3 service connections (200 Bederwood, 222 Bederwood, and "Lot A"). The service line for 222 Bederwood is not protected by an easement, the property owner has been advised to work with the applicant to secure an easement to protect their interest. Property owners are responsible for their individual service lines and securing an easement over their individual service lines when it crosses private property. 6. Staff Recommendation. Planning Department Staff recommends approval. The Council may wish to review the advice of the City Attorney when reviewing this application. Prepared By: LLO Reviewed By: J. Barnhart Approved By: -TV COUNCIL ACTION REQUESTED Approval or amend the draft approval resolution. Exhibits A. Draft Resolution B. Survey C. Planning Commission Minutes D. Planning Commission Staff Report References PC Exhibits A. Application B. Practical Difficulties Documentation Form C. Existing & Proposed Survey/Site Plan D. Neighbor Letter E. Property Owners List and Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. LA19-000101 WHEREAS, on December 17, 2020, Al Azad ("Applicant"), applied for a variance from the City Code for the property addressed 200 Bederwood Road and legally described as: The North 2.00 feet of Lot 35, Auditor's Subdivision Number 203, Hennepin County, Minnesota. AND that part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying southwesterly of a line drawn parallel with and distant 100 feet at right angles Southwesterly from the center line of the main track of Minnesota Western Railway, as monumented, and also lying easterly, southeasterly and easterly of a line described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 5, Township 117, Range 23, Hennepin County, Minnesota; thence on an assumed bearing of South along the West line of said Northeast Quarter, a distance of 1465.86 feet; thence South 89 degrees 06 minutes 38 seconds East to the East line of the West 305.54 feet of said Northeast Quarter; thence North along said East line a distance of 66.00 feet to a point hereinafter referred to as "Point A"; thence continuing North along said East line a distance of 307.03 feet; thence South 66 degrees 06 minutes 50 seconds East a distance of 130.68 feet to the East line of the West 425.04 feet of said Northeast Quarter, said point also being the point of beginning of the line to be described; thence South along said East line of the West 425.04 feet of the Northeast Quarter a distance of 155.97 feet to a line which bears North 50 degrees 36 minutes 00 seconds East from said "Point A"; thence South 50 degrees 36 minutes 00 seconds West, along said line, a distance of 154.63 feet to said "Point A"; thence on a bearing of South a distance of 4.28 feet to the northwest corner of Lot 35, said Auditor's Subdivision Number 203, Hennepin County, Minnesota, and said line there terminating. EXCEPT that part of said Lot 37, lying easterly and southerly of a line described as follows: Commencing at southeasterly corner of the North 2.00 feet of said Lot 35; thence northerly along the northerly extension of the east line of said lot 35 to a line drawn parallel with and distant 166.00 feet at right angles northerly of the north line of Lot 34, Auditor's Subdivision Number 203, Hennepin County, Minnesota; thence easterly along said line to a line drawn parallel with and distant 100 feet at right angles Southwesterly from the center line of the main track of Minnesota Western Railway, as monumented, and said line there terminating. Together with an easement for right of way over Lot 30 and the West 8 feet of Lot 35, Auditor's Subdivision No. 203, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (hereinafter the "Property"); CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the Applicant's variance applicvation was from Orono Municipal Zoning Code Section 78-305 to allow for a reduced lot area, and WHEREAS, on January 21, 2020, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on February 10, 2020, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000101. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1A Zoning District. 3. The Property contains 1.3 acres in area and has a defined lot width of 311 feet. 4. The Property is within Tier 2 and hardcover is limited to 30 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Lot area 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ANALYSIS: NO. 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to establish a driveway easement which will serve an existing lot of record. The lot area variance is in harmony with the intent of the ordinance considering the use of the lot. 2. The variance is consistent with the comprehensive plan. Allowing for access to a lot and creation of driveways easements are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The use of the lot for single family home will not change. This standard is met. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing nonconforming lot of record, which is not created by the land owner, and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from allowing the lot area variance. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as single family home is an allowed use in the LR -1A District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The size of the lot with in the LR -1A zoning district is unique and substandard. The actual lot size will not change but per the definition of lot area from the City Code driveway easement must be not count towards overall lot area. This situation is peculiar to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size of the lot and its locations as it pertains to the existing neighbor lot and within this zoning district is peculiar to the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting this variance will preserve the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property is unique in size for this zoning district. The applicant has stated the granting of the driveway easement is necessary to alleviate access challenges through the property. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow a variance for lot area for the creation of a driveway easement, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated December 16, 2020 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this day of , 20_ ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. co C'N OHenn 0 �- NW corner of NE14 Sec. 5-117-23 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 425.04 ---------------------- I I \ F I \306'8 I I \ I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 305.54-----------------------------------------------�-� 589'06'J8 "E 305.58 'Point A I I I � I NW corner of Lot 35------_=0 J.L.M. set 2.00 ft. Sly --- of NW corner of Lot 35 I 0 8 �o 0� o W O O t J d cele �o L Cerffl-­&e of Survey K07 0) N Prepared for: Alishah Azad Legend 0 Found Iron Monument OO Set Judicial Landmark SCALE 30 0 15 30 60 1 inch = 30 feet Bearing shown are based upon the west line of the Northeast Quarter of Sec. 5-117-23, Hennepin County, Minnesota having an assumed bearing of South. 1� v N (sa. ft.L of �� House � � I Porch (fron t) �y Ci °i0 0 a, ti 223 *1_" Deck & Steps 251 L6 o '00'. O Concrete Driveway / /%> e ----- ----------------------- I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 305.54-----------------------------------------------�-� 589'06'J8 "E 305.58 'Point A I I I � I NW corner of Lot 35------_=0 J.L.M. set 2.00 ft. Sly --- of NW corner of Lot 35 I 0 8 �o 0� o W O O t J d cele �o L Cerffl-­&e of Survey K07 0) N Prepared for: Alishah Azad Legend 0 Found Iron Monument OO Set Judicial Landmark SCALE 30 0 15 30 60 1 inch = 30 feet Bearing shown are based upon the west line of the Northeast Quarter of Sec. 5-117-23, Hennepin County, Minnesota having an assumed bearing of South. 1� Existing Hardcover (sa. ft.L House 2,238 Porch (fron t) 68 °i0 Porch (rear) 223 *1_" Deck & Steps 251 '00'. Concrete Driveway 1,745 /%> e Concrete Walkway 141 -� q) N °��° froom a, stogy Total Hardcover = 4,666 0/_ t /00 all SofQ t-------- 55.8 ----ij AQ) esteem � I / � I ce�fer �. .a 3886' .� cre e , ° porlveWoy ° a° ° House Porch ° ." ° 11200 O a s Deck & Steps `s6 7 6 ?O . o Con crete-� Walk way Existing PID No. 0511723120028 ----------- 57,549 sq. ft. (total) O 1 49,487 sq. ft. (less proposed easement) Pot{\oo �000 fit. e o od e o �5 o�e�et� 0 1 lob. i - _J_ 0 0 0 rH C) Q) 6. 28 N N N I I I I I I I I I I I I I I r\ I I I I I I I I I I � o I p NI- --N line of Lot 35 --Proposed iingress/Egress Easement--� N N NE corner of Lot 35--� — �_ 8, 062 sq. ft. — — T Bituminous Driveway I I -- S line of N 6.00 feet of Lot 35 N89 51 '14 "E i 131. 15 i i � I 0 0 --Line parallel with the N line of Lot 34 En c J (according to historical surveys by M. J. o Weber Inc. & Assoc. and Otto Assoc.) aki a� � I 0 4739 W 343.92 o --J.L.M. set 2.00 ft. Sly Oo of NE corner of Lot 35 777 FV/7/tl o House �O #222 O O O N89o S >>684F � — 1 N 1 �--S line of Lot 34 0 0 i I I I I I I I I I I I I I I I I I I I I I I I I T 1--N line of Lot 34 Boundary Description: Lot 34 and the North 6.00 feet of Lot 35, Auditor's Subdivision Number 203, Hennepin County, Minnesota. ALSO all that part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying southwesterly of a line drawn parallel with and distant 100 feet at right angles Southwesterly from the center line of the main track of Minnesota Western Railway, as monumented, and also lying easterly, southeasterly and easterly of a line described as folio ws: Commencing at the Northwest corner of the Northeast Quarter of Section 5, Township 117, Range 23, Hennepin County, Minnesota; thence on an assumed bearing of South along the West line of said Northeast Quarter, a distance of 1465.86 feet; thence South 89 degrees 06 minutes 38 seconds East to the East line of the West 305.54 feet of said Northeast Quarter; thence North along said East line a distance of 66.00 feet to a point hereinafter referred to as "Point A';• thence continuing North along said East line a distance of 30703 feet; thence South 66 degrees 06 minutes 50 seconds East a distance of 130.68 feet to the East line of the West 425.04 feet of said Northeast Quarter, said point also being the point of beginning of the line to be described; thence South along said East line of the West 425.04 feet of the Northeast Quarter a distance of 155.97 feet to a line which bears North 50 degrees 36 minutes 00 seconds East from said 'Point A';• thence South 50 degrees 36 minutes 00 seconds West, along said line, a distance of 154.63 feet to said 'Point A` thence on a bearing of South a distance of 4.28 feet to the northwest corner of Lot 35, said Auditor's Subdivision Number 203, Hennepin County, Minnesota, and said line there terminating. Together with an easement for right of way over Lot 30 and the West 8 feet of Lot 35, Auditor's Subdivision No. 203, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Surveyor's Note: Not shown on this survey is a 30 foot easement for street purposes not on file with the City of Orono and not provided as part of the Title Commitment for the subject property but found only on the Certificate of Title Number 1010122. The approximate location for said easement is over the bituminous roadway also known as Bederwood Drive. Proposed Ingress/Egress Easement Description: An Easement for IngresslEgress purposes over the North 2.00 feet of Lot 35, Auditor's Subdivision Number 203, Hennepin County, Minnesota, and the South 22.00 feet of that part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying westerly of the Northerly extension of the east line of said Lot 35 and lying southeasterly and easterly of a line described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 5, Township 117, Range 23, Hennepin County, Minnesota; thence on an assumed bearing of South along the West line of said Northeast Quarter, a distance of 1465.86 feet; thence South 89 degrees 06 minutes 38 seconds East to the East line of the West 305.54 feet of said Northeast Quarter; thence North along said East line a distance of 66.00 feet to a point hereinafter referred to as 'Point A` thence continuing North along said East line a distance of 30703 feet; thence South 66 degrees 06 minutes 50 seconds East a distance of 130.68 feet to the East line of the West 425.04 feet of said Northeast Quarter, said point also being the point of beginning of the line to be described; thence South along said East line of the West 425.04 feet of the Northeast Quarter a distance of 155.97 feet to a line which bears North 50 degrees 36 minutes 00 seconds East from said "Point A';• thence South 50 degrees 36 minutes 00 seconds West, along said line, a distance of 154.63 feet to said "Point A';• thence on a bearing of South a distance of 4.28 feet to the northwest corner of Lot 35, said Auditor's Subdivision Number 203, Hennepin County, Minnesota, and said line there terminating. Existing PID No. 0511723130055 91,425 sq. ft. N8951'14"E 337.05 (computed) 338.25 (plat) SE corner of Lot J4---\ 1 L6 co C'N OHenn 0 �- NW corner of NE14 Sec. 5-117-23 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 425.04 ---------------------- I I \ F I \306'8 I I \ I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 305.54-----------------------------------------------�-� 589'06'J8 "E 305.58 'Point A I I I � I NW corner of Lot 35------_=0 J.L.M. set 2.00 ft. Sly --- of NW corner of Lot 35 I 0 8 �o 0� o W O O t J d cele �o L Cerffl-­&e of Survey K07 0) N Prepared for: Alishah Azad Legend 0 Found Iron Monument OO Set Judicial Landmark SCALE 30 0 15 30 60 1 inch = 30 feet Bearing shown are based upon the west line of the Northeast Quarter of Sec. 5-117-23, Hennepin County, Minnesota having an assumed bearing of South. 1� v N (sa. ft.L of �� House � � I Porch (fron t) �y Ci °i0 0 a, ti 223 *1_" Deck & Steps 251 L6 o '00'. O Concrete Driveway / /%> e ----- ----------------------- I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 305.54-----------------------------------------------�-� 589'06'J8 "E 305.58 'Point A I I I � I NW corner of Lot 35------_=0 J.L.M. set 2.00 ft. Sly --- of NW corner of Lot 35 I 0 8 �o 0� o W O O t J d cele �o L Cerffl-­&e of Survey K07 0) N Prepared for: Alishah Azad Legend 0 Found Iron Monument OO Set Judicial Landmark SCALE 30 0 15 30 60 1 inch = 30 feet Bearing shown are based upon the west line of the Northeast Quarter of Sec. 5-117-23, Hennepin County, Minnesota having an assumed bearing of South. 1� Existing Hardcover (sa. ft.L House 2,238 Porch (fron t) 68 °i0 Porch (rear) 223 *1_" Deck & Steps 251 '00'. Concrete Driveway 1,745 /%> e Concrete Walkway 141 -� q) N °��° froom a, stogy Total Hardcover = 4,666 0/_ t /00 all SofQ t-------- 55.8 ----ij AQ) esteem � I / � I ce�fer �. .a 3886' .� cre e , ° porlveWoy ° a° ° House Porch ° ." ° 11200 O a s Deck & Steps `s6 7 6 ?O . o Con crete-� Walk way Existing PID No. 0511723120028 ----------- 57,549 sq. ft. (total) O 1 49,487 sq. ft. (less proposed easement) Pot{\oo �000 fit. e o od e o �5 o�e�et� 0 1 lob. i - _J_ 0 0 0 rH C) Q) 6. 28 N N N I I I I I I I I I I I I I I r\ I I I I I I I I I I � o I p NI- --N line of Lot 35 --Proposed iingress/Egress Easement--� N N NE corner of Lot 35--� — �_ 8, 062 sq. ft. — — T Bituminous Driveway I I -- S line of N 6.00 feet of Lot 35 N89 51 '14 "E i 131. 15 i i � I 0 0 --Line parallel with the N line of Lot 34 En c J (according to historical surveys by M. J. o Weber Inc. & Assoc. and Otto Assoc.) aki a� � I 0 4739 W 343.92 o --J.L.M. set 2.00 ft. Sly Oo of NE corner of Lot 35 777 FV/7/tl o House �O #222 O O O N89o S >>684F � — 1 N 1 �--S line of Lot 34 0 0 i I I I I I I I I I I I I I I I I I I I I I I I I T 1--N line of Lot 34 Boundary Description: Lot 34 and the North 6.00 feet of Lot 35, Auditor's Subdivision Number 203, Hennepin County, Minnesota. ALSO all that part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying southwesterly of a line drawn parallel with and distant 100 feet at right angles Southwesterly from the center line of the main track of Minnesota Western Railway, as monumented, and also lying easterly, southeasterly and easterly of a line described as folio ws: Commencing at the Northwest corner of the Northeast Quarter of Section 5, Township 117, Range 23, Hennepin County, Minnesota; thence on an assumed bearing of South along the West line of said Northeast Quarter, a distance of 1465.86 feet; thence South 89 degrees 06 minutes 38 seconds East to the East line of the West 305.54 feet of said Northeast Quarter; thence North along said East line a distance of 66.00 feet to a point hereinafter referred to as "Point A';• thence continuing North along said East line a distance of 30703 feet; thence South 66 degrees 06 minutes 50 seconds East a distance of 130.68 feet to the East line of the West 425.04 feet of said Northeast Quarter, said point also being the point of beginning of the line to be described; thence South along said East line of the West 425.04 feet of the Northeast Quarter a distance of 155.97 feet to a line which bears North 50 degrees 36 minutes 00 seconds East from said 'Point A';• thence South 50 degrees 36 minutes 00 seconds West, along said line, a distance of 154.63 feet to said 'Point A` thence on a bearing of South a distance of 4.28 feet to the northwest corner of Lot 35, said Auditor's Subdivision Number 203, Hennepin County, Minnesota, and said line there terminating. Together with an easement for right of way over Lot 30 and the West 8 feet of Lot 35, Auditor's Subdivision No. 203, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Surveyor's Note: Not shown on this survey is a 30 foot easement for street purposes not on file with the City of Orono and not provided as part of the Title Commitment for the subject property but found only on the Certificate of Title Number 1010122. The approximate location for said easement is over the bituminous roadway also known as Bederwood Drive. Proposed Ingress/Egress Easement Description: An Easement for IngresslEgress purposes over the North 2.00 feet of Lot 35, Auditor's Subdivision Number 203, Hennepin County, Minnesota, and the South 22.00 feet of that part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying westerly of the Northerly extension of the east line of said Lot 35 and lying southeasterly and easterly of a line described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 5, Township 117, Range 23, Hennepin County, Minnesota; thence on an assumed bearing of South along the West line of said Northeast Quarter, a distance of 1465.86 feet; thence South 89 degrees 06 minutes 38 seconds East to the East line of the West 305.54 feet of said Northeast Quarter; thence North along said East line a distance of 66.00 feet to a point hereinafter referred to as 'Point A` thence continuing North along said East line a distance of 30703 feet; thence South 66 degrees 06 minutes 50 seconds East a distance of 130.68 feet to the East line of the West 425.04 feet of said Northeast Quarter, said point also being the point of beginning of the line to be described; thence South along said East line of the West 425.04 feet of the Northeast Quarter a distance of 155.97 feet to a line which bears North 50 degrees 36 minutes 00 seconds East from said "Point A';• thence South 50 degrees 36 minutes 00 seconds West, along said line, a distance of 154.63 feet to said "Point A';• thence on a bearing of South a distance of 4.28 feet to the northwest corner of Lot 35, said Auditor's Subdivision Number 203, Hennepin County, Minnesota, and said line there terminating. Existing PID No. 0511723130055 91,425 sq. ft. N8951'14"E 337.05 (computed) 338.25 (plat) SE corner of Lot J4---\ 1 L6 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. 3. LA19-000101 AL AZAD, 200 BEDERWOOD DRIVE, VARIANCE, 6:38 P.M. - 7:17 P.M. Staff presented a summary of packet information. Gettman asked if there was any history of how the applicant ended up with the two irregular lots. Oakden said she is not sure how the lots were created. They have been in existence for some time, and over time he acquired both of them. Gettman asked whether the applicant purchased both lots at the same time. Oakden said she is not sure if he bought both lots at the same time or if he bought one and then the other. Gettman asked if Staff knew anything about the segregation of part of the lots to create this weird setup. Oakden indicated the lots have been existing as separate parcels for a long time. The applicant did not create the lots. He is trying to establish a driveway easement to serve the back lot. The back lot is two acres in size and conforming in area but the other lot is not. Erickson noted some of the lots of record were established many years ago, long before many ordinances came into effect. Vice -Chair Erickson opened the public hearing at 6:42 p.m. Jeff and Renee Mueller, 222 Bederwood, have lived there over 35 years. Mr. Mueller indicated the property was bought at one time. It used to be owned by Jerry Gustafson. When he sold it, the Azads lived in the existing house, then tore it down and built a new one. Mr. Mueller said it's always been two separate lots, and between his house and their house there used to be another 50 -foot lot with a house that burned down. When Gustafson had the property, he got the sewer for his house and the existing lot. The other lot was too small to build on so it was added to that other lot. When the sewer came in, it went parallel to where the driveway is. His house and their house are both serviced on the back side because it's up on a hill. He asked who would be responsible for repairing the sewer line if a driveway is put in and through the construction the sewer line gets damaged or freezes. He does not want to find out a year later that his sewer line is broken and now there is a blacktop driveway there. Ms. Mueller said initially there was a driveway established through that property that was closer to the house and there was a culvert put in across the creek for access to the back lot. Now it looks like the applicant is proposing to put a driveway in a different location. She said the survey that was submitted is dated 9-21-17. They have had a dispute with the applicant for 11 years over a property line. They ended up with four feet and the applicant ended up with two feet of the south six feet. The Muellers' lot is very small, and it makes a tremendous difference to them as far as what happens in this situation. McCutcheon asked if any trees would need to be cut down if the proposed driveway went in that location. Mr. Mueller indicated there are two rows of trees and one of them is going to have to go. They're on the applicant's property. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Ms. Mueller referenced the map to indicate how close everything is and said that is the only reason for the property line dispute and shelling out thousands of dollars, was to try to maintain some portion of their property. Mr. Mueller said it would not make any difference to Kathleen on the other side of the road because her house is for sale. Libby asked if their primary concern is what might happen to the infrastructure of the sewer. Mr. Mueller said that it was. If a driveway were put in, it means they would be digging out the black dirt and everything else. He was in the construction business for years, and if you keep driving over a sewer line, either something is going to freeze or break, et cetera. Libby stated it was a reasonable question and that he was not questioning its validity. Mr. Mueller said Staff suggested getting an easement from the applicant but that would probably not happen. They have not talked except in court. Gettman asked the Muellers if they were aware of any other use of the lot the applicant is trying to gain accessto. Mr. Mueller said Gustafson had a big garden there and it was always an empty lot. Ms. Mueller stated there was a big shed there which ended up being partly on their property that he had to remove after he sold it. Mr. Mueller said Jerry used the driveway and the shed which was on the Mueller property. It has always been a confusing property line. When the applicant bought the lot, Jerry said the creek was the property line and the driveway was the property line. But it wasn't, and then things didn't go very well. Mr. Mueller said when the sewer was put in, there was a red rock driveway going up through the property. They put a concrete culvert in, and the sewer stub for that back lot is right there. They let that grow over and some landscaping has been done, so there is no driveway there anymore and now they want to establish a new one. The feeling the Muellers get is, "We'll get you one more time." He is concerned about the sewer line. Libby said the question about who is responsible is more of an engineering question. It is difficult for the Planning Commission to address because there is private property and a public utility. He suggested the Director may be better to comment than the Commissioners. Mr. Mueller stated his main concern is, if somebody builds a house back there and things get ruined and now there's a blacktop driveway, it should not be up to him to fix that. Libby asked Staff what size the line was there. Oakden said she is not sure of the size of the line but thought Mr. Mueller was referring to the service line that is connected to the main line. Mr. Mueller stated he was referring to the service line and thought it was a four -inch line. Libby noted he was referring to the one just serving the Mueller property. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Mr. Mueller agreed and said the applicant's house is serviced through the back also. Libby stated it was municipal sewer and asked if it was a pressurized line or a gravity line. Oakden and Barnhart believed it was a gravity line. Mr. Mueller said he thought it was a gravity line and they lined the main part of it this summer. He indicated the City still has to have access to the manhole. Erickson asked if it was the hookup the Muellers were concerned about. Mr. Mueller indicated it was. He said the sewer goes through the middle of the applicant's property, and his line goes to his property and then goes across. It was a different owner before and nothing was said because the other driveway was there and nobody was planning on doing anything back there at that time. Barnhart stated he thought it was a valid concern from the neighbor in terms of impact to the service line and Staff could provide additional information for the Council moving forward. His understanding is the service line goes through another person's property, connects to the sanitary sewer, and is not protected by an easement. The property owners would need to work together to protect the sewer line. He noted the question in front of the Commission is, is it appropriate to grant a variance from the lot size requirements to allow for an access easement to the back. Whether the Commission denies or approves it, there still can be hardcover over the portion of the property that the neighbors are concerned about. Erickson asked if there was anything the City could offer when the driveway is constructed and inspected as far as amount of gravel or insulation, et cetera. Barnhart said it is worth noting the neighbors have a concern about their service line. The City Engineer indicated the service line is a normal depth; it's eight -ten feet deep. Staff can share the concerns with the City Council and the applicant and incorporate those as part of a resolution of approval if that is the direction of the Council. It is a private improvement and an agreement from an easement standpoint between two private properties which the City doesn't normally involve itself in. The City provided the sewer line through the area so the City will likely help as much as it can, but it is not really a City issue. McCutcheon stated the core issue is the two -acre minimum and the lot is getting smaller than two acres with the change. Oakden indicated the lot is currently smaller and the applicant is asking for it to be a little smaller per the City definition and zoning code. The actual lot size won't change, they're not asking to move property lines, but the driveway easement cannot be counted as part of the lot area per the City's definition. Ms. Mueller said she thought the applicant consolidated the lots into one lot some time ago. Oakden said that they are two existing lots of record. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Ms. Mueller asked if it is normal for the City to put a sewer line on somebody else's property so that they have this issue. Barnhart and Oakden answered that it is not normal. Ms. Mueller asked why it happened. Mr. Mueller stated the original owner of the property is deceased and there is no way to get an agreement. Ms. Mueller asked if anybody wanted to buy their house. Barnhart said he does not mean to give the message that the City will leave the property owners high and dry. There is an issue that the City wants and needs to resolve both in terms of the service line that goes through the property and the service line that connects the sanitary sewer to the commenter's property. He thinks the City wants to help address that issue. The applicant wants to address that issue in terms of access to the back lot. The commenters want to address the issue in terms of protecting their interests. He thinks all three parties need to work together because all three properties want something out of this arrangement and all three properties ultimately benefit. Mr. Mueller asked what he would do if Mr. Azad will not give him an easement. Barnhart said the City will continue to work with him. Ms. Mueller indicated that is what they did for 11 years for four feet of property. Barnhart said that is the posture the City will take. Ms. Mueller commented that Barnhart is lucky he does not live next door to him. Vice -Chair Erickson closed the public hearing at 6:57 p.m. McCutcheon said the Commission almost has to wait until the Ordinance allows for smaller lots. It is proposed in the next 20 years that this will happen but it is not there yet, and maybe the Commission should not be in a hurry and the decision should be made years from now. Presently the minimum lot size is two acres, and he thinks the Commission would need pretty good reasons why they would want to have a lot get smaller than two acres. He understands it was under two acres to begin with, but it would make the lot smaller than it is in a neighborhood which normally has two -acre lots. Gettman stated the request as written does not seem to be worthy of approval for numerous reasons, but it comes down to how to get the three groups together so this can be resolved. The permit request is not consistent with the neighborhood. The outlot was clearly not ever a property, and the applicant is trying to set it up to do something else. If the variance is not approved, he is still able to use the outlot but not able to potentially expand. If nothing else, look at what the neighbors have dealt with over the years. On that grounds alone he would have trouble approving this. The Commission has to send this to the Council and it would be a disapproval but with the recommendation that it not do anything other than allow the City to discuss with both parties how to work the situation out. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Erickson clarified that Gettman suggested approval. Gettman indicated he said disapproval and that either way it will go to the Council. The only way it would not go to Council is if the Commission tabled it. Barnhart and Oakden confirmed Gettman's statement. Oakden said she does not believe this is an outlot but that it is a lot of record and so it could be built on, according to Code. Gettman apologized for using that reference and stated there does not appear to be any other access. Oakden agreed and said the applicant is making the request because there is no access. Gettman stated that is why it is appropriate to call it an outlot. For practical purposes it makes sense as far as what the applicant is trying to do, but it does not make any sense to do it over the utility because it is affecting the neighbor and the applicant can still access the other lot from his current lot. Barnhart noted the back lot is an existing lot of record. By not permitting access through a protected easement it could be seen as a regulatory taking, so Staff is trying to correct that. He referenced Gettman's use of the word "practical" and said that is important. That is why Staff is supporting the variance. The property owner has a right to improve the property, and if they can demonstrate to the Planning Commission and City Council's satisfaction that there is a practical difficulty for 200 Bederwood to provide access, that is how the City corrects it. Barnhart said the Commission is welcome to recommend denial because of X, Y, and Z reasons, which he has not heard. The issue with the sanitary sewer easement is an important part of it but is not the only reason. He referenced comments about the easement as shown may impact the existing trees in that area. Trees aren't a practical difficulty. One could make the comment that the easement be shifted to cover the existing sanitary sewer line which kind of addresses two issues: the commenter, and the sewer service line. He stated the property owner did not create the lot configuration. He inherited the problem, and he is trying to correct it in the same manner that a property owner on a lake that is too small that wants to rebuild or build a structure. Gettman said if 3568 purchased the other vacant lot, they would not have access to it. The 200 has direct access to that lot. He is not sure he follows the taking because at this point the 200 has access to the lot, they just don't have access to that lot from a street. Mr. Mueller said when the sewer was put in there, there was a driveway and a concrete culvert going to that lot which the applicant drives their truck through all the time. Gettman said that is their access point. Mr. Mueller stated the applicant wants to move it towards them. He said the applicant does not want the driveway in the middle of the lot, but when he bought it, that was already there. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Gettman said that was correct, and he was trying to get back to the taking. He stated the three items need to be connected -- the applicant's access to the lot that's vacant right now, the utility easement, and the neighbor's access to that utility -- and discussed by the City, the commenter, and the applicant. Mr. Mueller said from his way of looking at it, the applicant wants the driveway closer to his house because they've had other issues, and then the applicant will have the yard they want. Libby stated Barnhart's additional information was helpful in trying to stay focused on the core question. Based on the information and the City's ordinance, he would tend to favor this and allow the parties that are concerned that are neighbors to still have an opportunity to speak to the Council and thinks the Council is the body to discuss the issue. There is kind of a lesser of two evils: An ongoing deprivation of City service to a lot that's already identified and/or a neighbor that could be potentially inconvenienced by what may happen to the infrastructure and the sewer during construction. The Commission has one group of empirical information and that's what the ordinance says and how the Commission is guided. What may happen to the infrastructure of the sewer is unknown, and he thinks the Council is the arbiter that should hear that. He would vote in favor of approval and agrees with Staffs recommendation. Erickson said he agrees with Staffs recommendation and Libby's comments. A lot of record indicates a commitment for a buildable lot and that commitment has been there for a long time. The buildable lot will not be saleable or usable unless there's an access to a public street, which the applicant is attempting to provide in a way that follows the ordinances. In the long-term the applicant will have two separate buildable lots, and this is a logical way to provide that access. He thanked the neighbors for coming forward and alerting the Commission about the sewer issue, et cetera. He suggested adding a condition to the motion that would flag that concern or a statement of policy to assure the driveway construction gets done properly so it doesn't affect their sewer. Gettman said two questions he still is struggling with are "why there" and "why now." The "why there," the area where the applicant is proposing to put the driveway is not where the current access is; it is literally on the border with 222. The place they currently are going over is where the utility easement is, unless he misunderstood. Mr. Mueller stated he was correct. Gettman said it looked like the applicant was purposely proposing to move the driveway to minimize any impact on their currently built-up home on 200 and give access to something McCutcheon brought up, which is that today the plan does not allow for the expansion or the building on both lots, that is something for years from now, and the Commission is talking about granting the applicant access. McCutcheon said he believed he was mistaken on that point. McCutcheon asked Oakden if the applicant would be allowed to build on that lot if they wanted to. Oakden said he was correct. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. McCutcheon indicated hindsight is 20/20, but when the applicant built the new house on 200, it would have been nice to plan for a driveway to get access to the back lot. He asked if where the applicant is driving now, they have the same problem. Oakden stated she believed the applicant used to have a gravel driveway access near the utility line. It is overgrown and not really there anymore. She thought it was established with the way the old home was set at 200 Bederwood, because they had a side -load garage. Mr. Mueller indicated it was in the same place. Oakden indicated it was overgrown and unused today. There was a gravel driveway there but no easement or secure access space for the back lot. Gettman stated that is the point of the "why there." The applicant owns both of those, so he can work with himself to figure out how to gain access without negatively impacting the commenter/neighbor at 222. Ms. Mueller said the applicant has access to the back lot. It's not totally overgrown, it's grass, and they used it all summer and fall to go to their back lot. Oakden agreed they have access and can drive over their property to get to that back lot. She clarified there is no formal easement established today to access that back lot by anybody else. Libby asked Staff if there were any considerations from the City's standpoint about an impervious surface that would be a requirement, like would the City require a blacktop driveway, or could it be a class 5. Oakden stated the applicant wanted to meet the City's driveway standards, with the first 50 feet being paved. Barnhart indicated the first 50 feet closest to the street needs to be paved but the City allows gravel or concrete for everything else. Libby noted he reread the two issues of consideration and he would have to answer yes to both questions and would be in agreement with Staffs recommendation and in favor of it. Libby moved, McCutcheon seconded, to approve LA19-000101 Al Azad, 200 Bederwood Drive, Variance. Gettman wanted to be clear on why the "yes" would not alter the essential character of the neighborhood. The current character is a gravel path and the owner on 200 still has access to the other lot. The Commission is preparing to accept the movement of that path to a location that will alter the feel, the look, and the impact to the neighbor. He does not see how one can conclude that that would be a "yes." Libby stated he looks at a neighborhood as a much larger scope than a single lot line and two properties. Gettman understands from an aerial view, but the reality is the Commission has looked at it from the impact of one person's view, not from a neighborhood's view. He is struggling and cannot get to yes. MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. Erickson said in addition to the guide plan there is an existing zoning ordinance which calls for two -acre lots. The current vacant lot fits that in addition to being a lot of record. The easement reduces the other lot by a relatively small amount, but there have been other two -acre zoned lots much smaller than that which have been approved in the past and could possibly be considered a precedent. The applicant is well on his way to having two building sites, and one of them needs an access to a public road which the Planning Commission is attempting to supply. He is in favor of the motion. VOTE: Ayes 3, Nays 1 (Gettman). Barnhart noted the item will be reviewed by the City Council on February 10. Date Application Received: 12/02/2019 Date Application Considered as Complete: 12/17/2019 60 -Day Review Period Expires: 02/16/2020 60 -Day Extension Expires: 4/16/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP Community Development Director Date: January 21, 2020 Subject: LA19-000101, Al Azad, 200 Bederwood Road, Lot Width Variance and driveway easement, Public Hearing Application Summary: The applicant is requesting lot area variance because of the desire to create a driveway easement to an existing backlot. Staff Recommendation: Planning Department Staff recommends approval. Background Mr. Azad owns 200 Bederwood Road (LR -1A, 2 Acres) and an existing 2.08 acre lot to the east (PID 05-117-23-13-0055, Lot A); this lot does not have frontage or access to a public or private road with no road access. Mr. Azad is requesting to establish a driveway easement through his current lot at 200 Bederwood so Lot A can have road access. Per City Code (82-254), Public and private rights-of-way, vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. Driveways easements are subtracted from the overall area of the lot. 200 Bederwood is currently substandard in area and subtracting the new driveway easement would decrease the lot area by 8,062 sq.ft. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the creation of a driveway easement for an existing lot of record as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: The applicant doid not create either non -conforming lot. The variance requestes is the minimum amount necessary for relief. Regarding practical difficulty, Staff finds the creation of a driveway easement for an existing lot of record is a practical difficult and unique to the property. LOT ANALYSIS WORKSHEET Section 78- 305 - Lot Area/Width: LA19-000101 01/21/2020 Page 2 of 4 DISTRICT LR -1A Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Existing 57,549 s.f. (1.3 acres) 311' Proposed 49,487 s.f. (1.1 acre) 287' Section 78-1700 - Hardcover Calculations: Applicable Regulations: Lot Area (Sec. 78-305) Minimum lot area for this district is 2 acres. Sec. 82-254. - Lot area, minimum. The minimum area requirements for each proposed lot as prescribed in chapter 78. The lot area must also comply with chapter 58, article II. Public and private rights-of-way, vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to establish a driveway easement which will serve an existing lot of record. The lot area variance is in harmony with the intent of the ordinance considering the use of the lot. Stormwater Overlay Total Area in Zone Allowed Hardcover Hardcover District Tier Existing Tier 2 57,549 s.f. (1.3 acres) 17,264 s.f. (30 %) 4,666 s.f. (8 %) Proposed Tier 2 49,487 s.f. (1.1 acres) 14,846 s.f. (30%) 4,666 s.f. (9%) Applicable Regulations: Lot Area (Sec. 78-305) Minimum lot area for this district is 2 acres. Sec. 82-254. - Lot area, minimum. The minimum area requirements for each proposed lot as prescribed in chapter 78. The lot area must also comply with chapter 58, article II. Public and private rights-of-way, vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to establish a driveway easement which will serve an existing lot of record. The lot area variance is in harmony with the intent of the ordinance considering the use of the lot. LA19-000101 01/21/2020 Page 3 of 4 2. The variance is consistent with the comprehensive plan. Allowing for access to a lot and creation of driveways easements are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The use of the lot for single family home will not change. This standard is met. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing nonconforming lot of record, which is not created by the land owner, and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from allowing the lot area variance. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as single family home is an allowed use in the LR -1A District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The size of the lot with in the LR -1A zoning district is unique and substandard. The actual lot size will not change but per the definition of lot area from the City Code driveway easement must be not count towards overall lot area. This situation is peculiar to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size of the lot and its locations as it pertains to the existing neighbor lot and within this zoning district is peculiar to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting this variance will preserve the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property is unique in size for this zoning district. The applicant has stated the granting of the driveway easement is necessary to alleviate access challenges through the property. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the LA19-000101 01/21/2020 Page 4 of 4 impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments A letter of support was submitted by a neighbor at 185 Bederwood Rd, Exhibit D. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Planning Staff Recommendation Planning Staff recommends approval of the proposed lot area variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Neighbor Letter Exhibit E. Property Owners List and Map AGENDA ITEM Item No.: 15 Date: February 10, 2020 Item Description: LAI 9-000097 — City of Orono Text Amendment - Dock Licensing Presenter: Jeremy Barnhart, AICP Agenda Planning Department Community Development Director Section: Report 1. Purpose. To consider changes to the city code that allows for the licensing of city land for the installation of private docks by adjacent property owners. 2. Background. The City Council at its workshop on October 14th directed staff to prepare an ordinance to allow for the private use of city land for docks, specifically for the 4 lots adjacent to city land on Crystal Bay Road. The draft ordinance was discussed at the City Council meeting on January 13th, though action was tabled to allow the full council to act, as Councilmember Printup was absent. The prepared draft is based on Mound, Big Lake, and Minnetonka Beach regulations and establishes a license available to the adjacent residential lot only. The Council will appoint a dock administrator, expected to be the City Administrator or Community Development Director, who will approve the dock license and administer the program. The draft allows only the owner of a particular lot on Crystal Bay Road to be eligible for a particular dock site (lines 26-30.) If the Council wanted to expand the practice in the future, an ordinance amendment will be necessary. The rental of dock space is prohibited on lines 49-51. The licensee will declare their boat, to avoid having the dock be rented out. For homeowners with visitors, a temporary visiting dockage permit is offered, for up to 21 days per calendar year for visits longer than 48 hours. The city will issue a license plate, to be attached to the dock near Crystal Bay Road. The draft includes certain specifications and incorporates LMCD regulations (Lines 56-65). At the meeting on January 13th, the council directed staff to make the following amendments to the draft: a. Duration. The proposed lease term is 10 years. (Line 99) b. Storage. (Lines 68-69) Docks and dock accessories are to be removed from the dock site between November 1 and April 1. Staff made no other changes to the ordinance, waiting for Council direction. Staff seeks direction on the fees. Mound charges $325/ year, $100/ year for the second boat. Big Lake charges $350.00 per year. Minnetonka Beach charges based on the size of the boat, $300 — $600. Staff recommends $325 per year ($975 per license term) and $100 per second boat, per year ($300 per license term). How does the Council anticipate applying these fees? 3. Public Comment. No comments have been received to date, though property owners at Crystal Bay Road are monitoring the ordinance and contacting staff frequently. Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV AGENDA ITEM 4. Staff Recommendation. Staff seeks comments on the proposed draft. With direction, staff will prepare a final ordinance for approval. COUNCIL ACTION REQUESTED Staff seeks comments on the proposed draft. Exhibits A. Draft Ordinance B. October 14, 2020 Workshop Minutes C. January 13, 2020 Minutes Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV LA19-97 ExA Ordinance text 1 2 Article VI Public Lakeshore, Lakeshore Rights of Way and Docks. 3 Subd. 38-900 Definitions. For purposes of this section, the following terms shall have the meaning given 4 them. 5 A. "Dock" shall mean any wharf, pier, boat ramp, boat slip, or other structure constructed or 6 maintained in, upon, or into the water of a lake from either public property or public rights of way. 7 B. "Public property or public rights of way" shall mean all publicly owned property and all public 8 rights of way that are immediately adjacent to a lakeshore, as designated on the dock location map to 9 be maintained at all times by the City pursuant to this Section. 10 C. "Dock accessories" shall mean all structures and materials used in conjunction with a dock 11 including but not limited to boat lifts, buoys, fences or other obstructions and permanent or semi - 12 permanent steps, ramps or other structures leading to the shoreline. 13 D. "Dock site" shall mean the property designated in the license issued pursuant to this Section and as 14 designated on the dock location map to be maintained by the City. 15 Subd.38-901 License required. No person shall erect, place, keep, or maintain a dock or other structure 16 from public property or public rights of way without a dock license. 17 Subd.38-902 Applications. Applications for dock licenses shall contain the following information and 18 such other information as the City deems necessary: 19 A. Full name of applicant; 20 B. Address; 21 C. Preferred dock location on the dock location map and dock specifications; 22 D. Boat license number of any boats to be moored at the dock. 23 E. An application fee as established by the City Council. The application fee shall be refunded if the 24 applicant is not awarded a dock license. 25 F. Proof of ownership of Residential Lot. 26 Subd. 38-903 Eligible applicants. Property owners of land adjacent to city owned lakeshore parcels as 27 described in the table below are eligible to apply for a dock license for said site or sites. Only one 28 individual per household may apply for a dock license and only one license shall be issued per city owned 29 parcel. 30 Residential Lot Dock site PID 3445 Crystal Bay Road Is eligible for 1711723430123 3435 Crystal Bay Road Is eligible for 1711723430119 3415 Crystal Bay Road Is eligible for 1711723430117 3407 Crystal Bay Road Is eligible for 1711723430115 Page 1 Dock Licensing — draft 1-13-2020 31 Subd. 38-904 Application approval and denial. The Dock Administrator shall approve or deny all 32 applications. No application shall be approved if there are any outstanding noncompliance orders against 33 the applicant or if the proposed dock will not comply with all terms of the City Code. 34 Subd. 38-905 Terms of License. Before a dock license is issued, the applicant must sign a license 35 agreement containing the following terms and conditions and other provisions as the Council may require. 36 A. Rights and Liabilities. Except as otherwise provided, a City dock license entitles the license holder 37 to the exclusive use and control of the dock site and the same rights, obligations and liabilities as a 38 private property owner. In addition to the provisions of this Section, all dock license sites shall fully 39 comply with LMCD regulations and all applicable state laws and regulations. 40 B. Indemnification. Dock license holders shall be solely responsible for the dock license site and all 41 activities thereon. The license holder shall indemnify, defend and hold the City, its officers, boards, 42 commissions, agents and employees harmless from and against any and all lawsuits, claims, causes of 43 action, liability, and costs, of any nature that the City may at any time, directly or indirectly, suffer, 44 sustain in any way connected with the grant of a dock license or activities on the dock license site. 45 C. Docks. The license holder shall maintain only one dock at the dock license site. 46 D. License plates. Dock license plates shall be issued by the City after approval of the license 47 application. The license plate must be securely fixed to the streetside end of the licensed dock. 48 License plates shall be maintained by the licensee and shall remain the property of the City. 49 E. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any 50 way to any person, partnership or corporation, except that the license may be transferred to a 51 purchaser of the license holder's residential property within the City. Dock space may not be rented. 52 F. Removal of docks. Upon termination of a dock license, the license holder must completely remove 53 the licensed dock and all accessory items, including but not limited to stairs leading to the dock from 54 the public property or public right of way. Any dock or accessory item that has not been removed will 55 be removed by the City and all costs the responsibility of the last license holder for that dock site. 56 G. Dock Construction; specifications and dimensions. 57 1. Docks on dock sites shall comply with LMCD regulations. 58 2. Docks shall be constructed of materials approved by the Dock Inspector; docks shall be of 59 plank or rail construction; and all dock posts shall be of equal height above the dock; 60 3. Docks shall not be located closer than 10 feet to a neighboring dock license site or private 61 property line. The Dock Administrator may refer, and the City Council may grant exceptions 62 where there are unusual circumstances and such an exception will not have a detrimental impact 63 on the lake. The City Council may impose conditions on any exception granted under this 64 subsection. 65 4. Docks may not be permanently installed. 66 H. Dock accessories. All dock accessories must be approved in writing prior to use at a Dock Site. 67 I. Dock Storage. Docks must be removed from the water no later than November 1. Page 2 Dock Licensing — draft 1-13-2020 68 Docks and Dock Accessories may not be stored on the Dock Site between November 1St and April 1St 69 of the following year. 70 J. Declaration of Watercraft — Requirements. Watercraft that are moored at a City dock or multiple 71 slip site must be declared on the Dock License Application. The applicant must provide the City with 72 a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently 73 applied for DNR Watercraft Registration or US Coast Guard documentation for each watercraft, at 74 the time of application. This DNR Registration or US Coast Guard documentation must verify that 75 the watercraft is in the name of the site holder(s) at a City of Orono address and all owners listed on 76 the registration shall be residents of the City who are eligible to moor a boat in the dock program. If a 77 declared watercraft is removed from the City dock program, the site holder may substitute a 78 replacement watercraft upon providing the City with required documentation as stated above. Newly 79 declared replacement watercraft may be subject an additional LMCD fee. 80 (1) Allowable Mooring of Non -Owned Watercraft. Mooring of watercraft not owned by the 81 dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Mooring 82 of watercraft not owned by the dock licensee is not permitted for a period in excess of 48 83 hours unless a Temporary Visiting Dockage Permit has been first obtained by the licensee 84 from the City and the fees established by the City have been paid. All Temporary Visiting 85 Dockage Permits shall contain the DNR registration number or US Coast Guard 86 documentation (and copies of same) of the boat and shall be limited to 21 days. No more than 87 one Temporary Visiting Dockage Permit may be issued in any calendar year to an individual 88 dock licensee. 89 Unless permitted under the preceding two subsections, no watercraft shall be moored at a City dock 90 site. 91 92 K. Subject to inspections. All licensed docks are subject to inspection at reasonable times by the Dock 93 Inspector or his or her designee. 94 L. City Access. The City shall be free to enter the dock site for any reason at any reasonable time and 95 to perform maintenance and regulatory functions to be specified in the terms of the dock license 96 agreement. 97 M. Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the 98 license holder. 99 N. Term. All dock licenses shall be valid for ten (10) years. 100 Subd.38-906 Administration. 101 A. Dock Administrator. The City Council shall appoint a Dock Administrator who shall be 102 responsible for the administration of the City Dock Licensing Program to include: processing 103 applications, and maintaining the dock location map. 104 B. Dock location map. There shall be on file with the City a map maintained by the Dock 105 Administrator showing the approved locations of docks on public land and public rights of way. The 106 map shall contain the following information: 107 1. Locations of public property and public rights of way; 108 2. Specific dock locations; Page 3 Dock Licensing — draft 1-13-2020 109 3. A numerical designation for each dock location to correspond with a list of license holders; 110 4. Restrictions applicable to certain areas of shoreline; 111 5. Shoreline access points; 112 6. Shoreline areas available for winter storage. 113 C. Inspections; license revocation. The Dock Administrator or designee shall from time to time 114 inspect any dock erected or maintained on public property or public rights of way. If there are any 115 violations of the City Code, state statute or state regulation, the dock license holder shall be notified 116 in writing of the way or ways the dock or dock area does not comply. The license holder shall have 117 fourteen days to remove the dock or otherwise bring the dock license site into compliance. If the 118 violation is not corrected after fourteen days, the license shall be revoked and all property removed 119 from the dock license site unless, within the fourteen days, the Dock Administrator receives from the 120 license holder a written request for a hearing. 121 E. Appeals from any decision of the Dock Administrator shall be as provided for in Section 2-41 of 122 the City Code. Page 4 Dock Licensing — draft 1-13-2020 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2020 6:00 o'clock p.m. 17. LA 19-000097 — CITY OF ORONO TEXT AMENDMENT — DOCK LICENSING Staff presented a summary of packet information, noting the Memo referenced a City Council discussion on August 26 but the date should be October 14. Johnson said his recollection from the work session meeting was the City was going to draft a Lease, what is being presented is an Ordinance for a single location, and he is wondering why the City went with an Ordinance versus drafting a Lease Agreement. Barnhart stated the Ordinance allows the Council to get into a Lease Agreement with the Licensee. It is the first step of a two-step process. Next, the City Attorney will draft a boilerplate Lease document that the Licensee will sign with the City. Walsh said he thought originally the City wanted to give the residents the rights and perpetuity to have this dock versus three-year agreements, meaning every three years they could potentially lose their dock rights. Barnhart responded that the residents could; however, they are the only ones eligible for it. The only way they would lose dock rights is if they would not abide by the regulations the City imposes. The length of time can be changed, but three years is a starting point. By narrowly tailoring the document, it gives the City control; but as long as the residents follow the rules, they can have access to it. Walsh suggested having a longer period of time set up but allowing the City to have the ability to cancel the Lease if the rules are not followed. The length of time could be 10, 20, 30 years so the residents know it is there for a long period. Also, they would have the first right to renew it as long as they are in compliance so there's not potentially an arbitrary Council that takes it away for some reason. Crosby indicated the City Council does not have to list a time frame. Walsh and Seals said in order to have a valid contract, there has to be a start and an end time. Walsh said, regarding the storage component, because it is public property and people might be going on and off the property with snowmobiles, the residents need to pull their belongings back onto their fee ownership of the property and off the public land in the winter. The agreement gives them the right to have a dock on the water but is not for anything in the winter. Seals and Crosby agreed with Walsh's comment. Crosby asked if the time frame could be tied in with the ownership of each individual's property. Barnhart stated there is a nontransferable clause included and so if someone new would buy the property, they would get a new license. Walsh said, as long as it was in compliance, he would like to give a new owner the first option to have that, not have it at the discretion of the Council, because if someone is selling the property, it is being sold based on the fact they have a dock. Seals and Crosby agreed with Walsh's statement. Walsh indicated he doesn't want someone to buy the property and then not have a dock. Page 1 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2020 6:00 o'clock p.m. Johnson equated the situation with selling a lot in Orono that requires Variances, stating it is very difficult to sell a vacant lot in Orono that requires Variances because the City won't tell you what you can do without a plan. Walsh, Seals, and Crosby agreed with Johnson's statement. Johnson suggested the agreement would be in perpetuity assuming there is compliance. He referenced the meeting where it was discussed that this would be a joint dock, a singular dock, for all four homeowners. He noted there is language about extra boats and possible licenses if someone comes for 48 hours, for example. He stated he envisions four designated slips to each of the properties, a registered boat per property owner, and the City is approving a dock plan. Walsh said that idea was dealt with at the work session and the Council decided to do it individually. Crosby indicated he would prefer to do it individually. Walsh stated, from a direction standpoint, that's how the Council decided to handle it. Based on the document in front of the City Council, "perpetuity" is just a word and dates would need to be picked such as ten years at a time, and the owner would have the right to renew and/or a new homeowner would have the same right as long as they were in compliance. The agreement could be cancelled if the homeowner is out of compliance; but if the homeowner gets back in compliance, they should have the ability to get it again. Barnhart noted the document indicates a Dock Administrator can do the inspection and give the homeowner a chance to cure noncompliance issues. Looking at Mound and Big Lake and others, the issue is people rent the spaces out, which is why there was language about visitors included. Walsh said that language was specific and done well. He also felt the storage issue was addressed. The term of three years is too short, it should be longer, and the owner should have the automatic right to renew. Seals and Walsh stated ten years was a good number. Seals indicated her recall of the work session was that Staff would come back with some options for what it would look like and didn't remember the City Council making a decision to treat each one individually. Crosby stated he did not think the City would need to make a joint dock because then everyone has to be counted upon to take care of it and work together as a group. Rather, each dock should be kept with the property. Walsh said the City does not want to be in the dock business. Seals stated the City is in the dock business; the City is giving people permits for visitors. Walsh asked, if there are joint docks, who is responsible for the docks as far as putting them in/taking them out. Page 2 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2020 6:00 o'clock p.m. Seals stated the property owners would figure it out. Walsh stated Printup was also very clear that the City does not want to be in the dock business. Crosby said he is not on board with that idea. Johnson asked why he was not on board. Crosby stated it would create more hassles and that the City is going to be pulled into them. He would rather have each individual home across take care of their own dock. Walsh said some people might have bigger boats while others might have smaller boats. Crosby stated he is in agreement with no storage on "City land" during the wintertime and to extend the time frame. He referenced his local channel where there are shared walls and said they cannot get five people to agree on anything when it comes to repairing things and costs associated with it and then nothing gets done. If each individual is responsible for their area, they will take care of it. Seals said she is not convinced that would be the right way to handle it. Johnson stated it is City -owned property and other people have a deeded right to this land. By grouping the docks, it makes more land accessible to the people that are already entitled to it. If individual docks are put there, that's when the renting of dock slips occurs, et cetera, and the City would be more in the dock business than having a single, multiple -dock license with a very specific dock plan that has to go in precisely every year. The two people in the middle have a dock and are long-standing owners, but the other two don't currently have dock rights or a dock. It's City land that's going to be further intensified by this, and grouping them together confines the scope of what the City is allowing to a single spot. Walsh said he thought it was very clear that the direction in front of the Council was the direction the Council wanted to go. He suggested tabling the matter until Printup was present so it could be voted upon with five members present. Barnhart asked if the Council wanted him to make the changes discussed. Council members directed Staff to make changes regarding the storage and length of time. It will then be reviewed with Printup and a vote taken on the direction the City Council will go and then the matter moved forward. Walsh noted the City Council wants to have the Code changed but has to figure out in what form. Johnson suggested Mattick be present, stating he got much of his direction from Mattick because he was not at the meeting in question. The City Council tabled consideration of LA19-000097, City of Orono Text Amendment related to dock licensing. Dennis Walsh, Mayor Page 3 of 3 Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Aaron Printup, Matt Johnson and Victoria Seals. Representing staff were City Administrator Dustin Rief, City Attorney Soren Mattick and City Clerk Anna Carlson. Guests: Residents William Wolfson, Yousry Elshazaly, and Scott Brown 1. Receive and Discuss proposals to purchase City Parcels on Crystal Bay Road. a. Proposals: i. William L. Wolfson, 3407 Crystal Bay Road proposal to purchase PID:1711723430115 for $50,000 ii. Yousry Elshazaly, 3415 Crystal Bay Road proposal to purchase PID: 1711723430117 for $50,000. iii. Scott A. Brown, 3435 Crystal Bay Road proposal to purchase PID: 1711723430119 for $50,000. iv. Jon and Kelly Eiss, 3445 Crystal Bay Road proposal to purchase PID: 1711723430123 for $50,000. City Administrator Dustin Rief presented the proposals to the City Council. Rief invited the proposers to the work session to discuss their proposals. He mentioned if the Council decides they would like to entertain the proposals the meeting would be closed for discussion at the regular meeting scheduled for later tonight. Mayor Dennis Walsh noted the Council should figure out if they want to sell and if they do want to sell, does the option need to be opened up to all residents for sale. Walsh also mentioned the Council should consider discussing how much to sell the lots for if they chose to go that route. He added figuring out how to do that is another discussion. He also mentioned that he understands the proposers have made proposals and what that entails but the discussion should happen. City Attorney Soren Mattick noted that it would be wise to figure out what you want to do with the land and then figure out who you would want to open it up to. Council Member Aaron Printup mentioned that the City has said no to the sale of these properties for years and it could be a mute subject. Council Member Victoria Seals asked if these four properties have bathing and boating rights. Mattick responded by mentioning that the definition of bathing and boating rights normally does not include having docks. He added nearly eighty or so homes have bathing and boating rights. Seals stated she was open to putting a dock in and later determining a number for spots available, and then possibly open up an option for reserving the docks. Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. Guest William Wolfson asked if the City could legally do that. Mattick mentioned that the City created the ordinance for docks and it has the authority to change it because what is being discussed is not technically against state law. Walsh introduced a third option which would be, creating a long term lease so the properties adjacent could have a dock there but may not allow them to own. He noted by having the City maintain ownership over the land and developing an annual lease could possibly work. Seals noted that if we keep ownership that would be ideal. Walsh mentioned that it seems the option to sell may not be of interest of the Council, but the City can look into some type of lease. Council Member Matt Johnson indicated he feels differently about the two inside lots versus the outside lots. Johnson stated the City should take whatever revenues it can get from selling these properties and use it for improving other access areas. He presented another concept for the lots discussed. Johnson noted the city could consider vacating that easement and add it to Wolfson property to make it contiguous. He added it would take 60 feet of lakeshore to get four docks in there. He also added that the City could then use the revenues gained from the sale of the properties here to improve the area. Printup added that he still is not in favor for selling City land. Walsh mentioned that there may be an opportunity to discuss this concept with the Parks Commission. Johnson mentioned that he asked the current Parks Commission chair if there has ever been discussion about access areas and that the commissioner feels that we should support them. Wolfson added that residents would end up using our private street for an appropriate use, by using it as a landing. Crosby commented it seems when there isn't a vested interest, it tends to not be maintained. He stated he has mixed feelings regarding the issue. Walsh would like the staff, attorney and land owners to get together to figure out a lease for the land for each four lots. Johnson mentioned that we have other people that have rights and how does it affect them. Mattick mentioned leasing the land doesn't necessarily distinguish the boating and bathing rights. Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. Walsh mentioned that it wouldn't affect the public access. The growth could be improved. Rief asked are we looking at a dock for each parcel or something different. Walsh indicated the City would like to have a lease for each parcel. We will leave it to staff to determine cost and policy. We solve the problem, they get the dock and the city keeps the land. Printup reiterated that the city is not interested in selling the land. Adjourned: 6:43p.m. ATTEST: i Anna Carlson, City Clerk �0F„�o Dennis Walsh, Mayor From: Bill Wolfson To: Denny Walsh; Jeremy Barnhart; Dustin Rief Subject: Thank you for your hard work on the Crystal Bay Rd dock issue! Date: Monday, February 10, 2020 10:16:05 AM Attachments: paaperclioi.ono Hi Jeremy, Denny and Dustin, As I mentioned to Jeremy recently I will not be able to attend the meeting tonight as it is my wife's birthday. I want to thank you on behalf of the 4 property owners for the hard work and thoughtful consideration of our unique situation. I had one minor comment and one question. Would the council consider adding language for dock use long term renters as well? I don't think that is going to apply currently as we all plan on occupying, but it is a probable scenario. Long term renter who owns a boat like any other rental house on our block. Two I know its not approved and its 10 years away, but how would renewal be handled and when? Maybe not worth talking about now, but I was asked that question so I thought I would pass it along. Also, I wanted to address what appears to be Matt Johnsons idea of a cluster dock. I am not sure why that's a better solution, but if its considered I think, it should be located at the other end where the street bends, there is an easement area and a natural tree buffer there that is well suited to that idea. Putting this on the east end would be challenging as its the narrowest part of the street and would likely cause congestion. I am not picky and I am open to all ideas just thought I would provide feedback as we were not at the meeting to discuss and won't be there again today. If needed I can be available via phone during the meeting, but I am assuming that's wont be needed? Thanks again and I hope you have a great Monday!! BW 952-334-4554 http:Horonomn granicus com/GeneratedAgendaViewer.ph- ?event id=711cba45- ff�3-4ab5-8790-7157649284,7 Agenda for Council Meeting Set for Monday, February 10, 2020, 6:00 P.M. 2750 Kelley Parkway,, Orono, MN, 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance From: Dustin Rief To: Jeremy Barnhart Subject: FW: I mis-quoted the 100' dock.... Looks like the docks on Crystal Bay would be 60'.... Sorry' bout that.... Date: Monday, February 10, 2020 8:23:38 AM Attachments: ima eq 002..an Cordially, Dustin J. Rief City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Phone: 952-249-4600 Fax: 952-249-4616 Email: drief _ci.orono.mn.us Web: http://www.ci.orono.mn.us/ From: Anderson, Rich [mailto:rich@nsmarina.com] Sent: Sunday, February 9, 202012:18 PM To: Denny Walsh <dwalsh2@ci.orono.mn.us>; Matt Johnson <matt@minnetonkamatt.com>; Victoria Seals <victoriaseals@gmail.com>; Aaron H. Printup <aprintup@ci.orono.mn.us>; Richard Crosby <rcrosby@ci.orono.mn.us> Cc: Dustin Rief <drief@ci.orono.mn.us> Subject: I mis-quoted the 100' dock.... Looks like the docks on Crystal Bay would be 60'.... Sorry' bout that.... Dock Length: Per LMCD Regs Side Setbacks Condition Feet Dock length 0-50 ft 10 ft .... good 40 to 60 ft shoreline..... First reach to 4 ft water depth or 60 ft.... only 60'.... My bad Get Outlook for iOS From: Dustin Rief To: Jeremy Barnhart Subject: FW: Allowing more dock slips on Crystal Bay Rd and also allowing 21 day use permits.... Date: Monday, February 10, 2020 8:23:21 AM Attachments: Document (2).docx image001.nna For Council Cordially, Dustin J. Rief City Administrator f t�05110V" .' City of Orono 2750 Kelley Parkway Orono, MN 55356 Phone: 952-249-4600 Fax: 952-249-4616 Email: drief&a ci.orono.mn.us Web: http•//www.ci.orono.mn.us/ From: Anderson, Rich [mailto:rich@nsmarina.com] Sent: Saturday, February 8, 2020 5:28 PM To: Dustin Rief <drief@ci.orono.mn.us>; Denny Walsh <dwalsh2@ci.orono.mn.us>; Matt Johnson <matt@min netonkamatt.com>; Victoria Seals <victoriaseals@gmail.com>; Aaron Hale Printup <ahprintup@aol.com>; Richard Crosby <rcrosby@ci.orono.mn.us> Cc: Greg Blasko <gblasko@gmail.com>; Sean Foy <sean@linnihanfoy.com>; Jonathan Hofer <ejon@mac.com>; Todd Olson <todd0148@yahoo.com>; Dale Olsen <DOlsen@farnamstreet.net>; Anderson, Rich <rich@nsmarina.com> Subject: Allowing more dock slips on Crystal Bay Rd and also allowing 21 day use permits.... Get Outlook for iOS Dear council representatives and city manager and staff.... As many of you know, I have been a strong supporter of recently new regulations regarding city policy.... I was the only one that contributed to the pedafile discussion at the public hearing pertaining to it and strongly supported the talk of new ordinance with regards to where, when, and how to control in our hood.... My interest was residents renting to John Q Public on our street and not knowing "who and the hell" is this guy.... We know our neighbors, but we don't know some pedafile from down road and or street coming into our street. Crystal Bay Rd.... In the same vein, I was the only voice speaking at the public hearing in favor of supporting Ms. Anderson when she was trying to gain support in denying short term rentals.... Again, "who in the hell" are these people coming into our hood.... I cannot stand by and agree to some bullshit about a 21 day f -in permit to some asshole we on our street know nothing about.... I have that as my main concern, but realize when you talk about LIVICD regulating the use, 2 boats can be at all those docks.... So, instead of 2 main docks with 2 boats being at there for years, we will have 8 boats with 4 docks.... Notice the verbiage in the ordinance copied and pasted from it.... ❖ The rental of dock space is prohibited on lines 49-51. The licensee will declare their boat, to avoid having the dock be rented out. For homeowners with visitors, a temporary visiting dockage permit is offered for up to 21 days per calendar year for visits longer than 48 hours. The city will issue a license plate, to be attached to the dock near Crystal Bay Road. ❖ Allowable Mooring of Non -Owned Watercraft. Mooring of watercraft not owned by the dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Mooring of watercraft not owned by the dock licensee is not permitted for a period in excess of 48hours unless a Temporary Visiting Dockage Permit has been first obtained by the licensee from the City and the fees established by the City have been paid. All Temporary Visiting Dockage Permits shall contain the DNR registration number or US Coast Guard documentation (and copies of same) of the boat and shall be limited to 21 days. No more than one Temporary Visiting Dockage Permit may be issued in any calendar year to an individual dock licensee Boat license number of any boats to be moored at the dock.