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HomeMy WebLinkAbout02-28-2005 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 28,2005,7:00 P.M. ORONO COUNCII. CHAMBERS, 2780 KEIJ.EY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on tlic agenda. Memos regarding each of the Agenda items arc available in the Public Packet • located on the counter near the sign in sheet. ROI.LCAIX PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approvc/Amend COi ftB ^ 6 2005 Cify Uf onuivo PUBLIC HEARING - 7:00 P.M. 2. Extension of Wetland Moratorium - Ordinance APPROV AL OF MINUTES * 3. Regular Council Meeting of February 14, 2005 P.\RK COMMISSION COMMENTS - Rick Rice, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR ’S REPORT Kris Rudd, 4575 Wayzata Boulevard West - Final Road Plat Approval - Resolution Eric Vogstrom, 2618 Casco Point Road - Variances - Resolution Orono Schools, 685 Old Ciystal Bay Road North - Variance and Conditional Use Pcmiit • Resolution Nicole and Peter Thomas, 1385 Orono Lane - Variances - Resolution Interspace West, 2060 Way/ata Boulevard West - PUD - Concept Plan Review ZB Construction. Inc., 26xx Kelley Parkway (Ou'.lot E, Stonebay) - RPUD - Development Plan Review City of Orono - CMP Amendment - Preliminaiy Approval James and Patricia Olson. 4360 Bayside Road - Variance - Resolution Andrew and Marcia Freese. 2914 Casco Point Road - N'ariaiice - Resolution Michael Kuruvilla, 850 Way/ata Boulevard West - Conditional Use Permit - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECI OR ’S REPORT 14. Accept Quotations foi Park Mowang 15. Accept Bids for Public Works Materi.als CITY ADMINISTRATOR'S REPORT 16. Carlson Property - Appraiser and Attorney 4.»258:» 5.«O4-3052 6.«05-3072 • 7.ii05-3079 8.#05-3080 9.#05-3081 10.#05-3083 11.#05-3084 * 12.#05-3087 13.#05-3088 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 28,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT 17. LICENSES * 18. BILLS UPCOMING ISSUES AND EVENTS 2005 02/28 - Council Meeting, 7:00 p.m. 03/02- 03/03- 03/07 03/14 03/17 03/21 03/28 03/31 Planning Commission Work Session, Wednesday, 5:30 p.m. Council Work Session, Tlmrsday, 5:45 p.m. - Park Commission Meeting, 7:15 p.m. - Council Meeting, 7:00 p.m. - Council Work Session, Thursday, 5:45 p.m. - Planning Commission Meeting, 6:00 p.m. - Council Meeting, 7:00 p.m. - Council Work Session, Thursday, 5:45 p.m. 04/04 - Park Commission Meeting, 7:15 p.m. 04/06- Planning Commission Worit Session, Wednesday, 5:30p..'.i. 04/11 - Council Meeting, 7:00 p.m. 04/14 - Council Woric Session, Thursday, 5:45p.m. 04/18 - Planning Commission Meeting, 6:00 p.m. 04/20 - Local Board of Appeal and Equalization, Wednesday, 7:00 p.m. 04/25 - Council Meeting, 7:00 p.m. 04/28 - Council Work Session, Thursday, 5:45 p.m. Public A ttendance Meeting D ate ^ ^ ca^ Council □ Planning Commission □ Park Commission □ Other Please fillouttiie information requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. 2. 3. 4.. 5. <»•. 7. 8. 9. 10. 11. 12. 13.. 14. 15. W VA4mfaui taM»# Alitniliiifl mir‘11 »«ccTiWn FEB'd 6 2005 REQUEST FOR COUNCII. ACTION DATE: February 24, 2005 nITEM NO. Department Approval:Administrator Reviewed: Name Michael P. Gaffron^f^y<v*V Title Planning Director ^ Agenda Section: Zoning Item Description: Extension of Wetland Moratorium List of Exhibits A - Affidavit of Publication B - Proposed Extension Ordinance for Adoption C - Current Moratorium Ordinance (No. 17, J“’ Scries) On August 23, 2004 Council adopted a moratorium prohibiting land alteration activity on all real property within the City of Orono which can be defined as “wetlands” within the meaning of that tenn given it in Minnesota Statutes Section 103G.005, Subd. 19, and on all property within 26 feet of the boundary of such wetlands. The moratorium was scheduled to expire on February 23, 2005. While the study to consider the language and provisions of a new wetland ordinance has commenced, the study has not been completed, and a new wetland ordinance has not been adopted, prior to February 23, 2005, Minnesota Statutes regarding moratoria were significantly amended by the Ixgislaturc in its 2004 session. The amendments place much tighter restrictions on extensions to moratoria. Effective August 1, 2004, while an initial moratorium docs not require a public hearing, extensions to moratoria do require a public hearing. Also, moratoria arc generally limited to one year in cases where a comprehensive plan is in effect. The attached Ordinance extends the wetland moratorium an additional 6 months to August 23,2005. Staff anticipates bringing Council a final draft ordinance for consideration within the next 30 days. COUNCIL ACTION REQUESTED Hold a public hearing regarding extension of the wetlands moratorium. Motion to adopt the attached ordinance extending the wetland moratorium for an additional six months to August 23, 2005. 1 Affidavit of Publication Slauj ol Minfw-sota. County ol Hennepin. Keith P. Anderson, beiny duly swum,on oath says that he is an authorised ayont and employee of the publisher ol the newspaper known as THE PIO­ NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require­ ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 33IA.07, and other applicable laws, as amended. B.) The printed ‘ ~ notice - moratortm which is attached was cut from the columns ol said newspaper, and was printed and published once each week for_____1 successive weeks: It was first published Saturday, the^^ day of and was thereafter printed and published every Saturday, to and including Saturday, 12 February the___^day of_______ Authoriired Agent ''■■I Subscribed and sworn to mo on this day of.February ., 20 05 By:VVlbJvuilJ (I. Notary Public Rate Information (1) towMt c U msHM ratt paid by commercial uaera for conv parable apace: per Inch. (2) Mailmum rale allowod by law for above matter: $15.50. (j) Rale actually charged for above matter: $7.60 per Inch. Each additional eucceeelve week: $5.40. LEGAL NOTICE CITY OF ORONO 2750 Ktll«y Parkway.P O. Box 65 CrytfRl Bay. MN 55323 Phono (952)249*4600 Fox (952) 249*4616 NOTICE Tho Clly Courtdl wM hofd o pubic hoofing In Iho Counci Chombors at 2780 Koioy Parkway on Monday. Fobcuary 26. 2005, on tha matlar ol oxtonslon of tho curronl Inlorim ordinonco tmorotorium) pfOhi)iling wodond oRoratlont ond tho grwilng rf wofland altoroiion pormitt or ipprovali. Tho mooUng wii bogm of 7 oo pm Ai poraono wtehing to bo hoard we ■ppoar at Ihio Umo. Wrilon commonu oro aoidtod A copy of tho pcoimsod Intorfm ordlranco oxlonsion it ovaliabio lor rovlow •I tho CNy otiiciit. City of Ofono By: City Coundl MIchool P. Oallron, Planning DIroclor Rislod ol: Orono City Offlcoo long lako Pott Oftlco Cryitol Boy Pdft Offk^ N owvto Poof Offico (Pubishod In Tho Lakm and Tha Ptonaar Fobruary 12, 2006) A iaaa J \ ORDINANCK NO.___, 3RD SKRIKS AN ORDINANCE EXTENDING AN INTERIM MORATORIUM I'ROIIIBITING WETEAND ALTERATIONS AND PROHIBITING THE GR/\NTING OF BUILDING OR LAND ALTERATION PERMITS OR PERMIT APPROVALS, PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL, INVOLVING ALTERATIONS OF WETLANDS AND AREAS WITHIN 26 FEET OF WETLANDS ., 3rd THE CITY OF ORONO ORDAINS: The Municipal Code of (he City of Orono is amended by adding Ordinance No. Series. SECTION 1. Statement of Policy. FindiiiRS and Piiip(i.sc. The City Council in order to update its floodplain ordinances no later than September 2, 2004 to remain in compliance with the requirements of the I'cderal Emergency Management Agency (FEMA) and the Miimcsota Department of Natural Resources, adopted Ordinance No. 16, Third Scries on August 23, 2004. Said Ordinance deleted both the existing floodplain and wetland regulations which were intertwined within the pre-existing ordinance, but only adopted new floodplain regulations, leaving (he City without wetland regulations in effect. The City Council has reviewed a proposed new wetland ordinance to replace the prior ordinance. However, the City Council has not yet had adequate opportunity to fully study and consider the potential impacts of the proposed new wetland ordinance, and the Council desires to further study and evaluate the proposed ordinance before its adoption. The Council finds that in order to prevent any activities that would negatively alter or impact wetlands while (he proposed ordinance is being studied, it is desirable that (he Council establish a moratorium on all wetland alteration activities until a study has been completed and a new wetland ordinance adopted. Since enactment of an amendment to the code would undoubtedly modify previous wetland regulations, the granting of building permits and land alteration permits, preliminary approval of subdivision applications, /.oning (CUP/Variance) applications, rezoning applications, or PlJDs, which involve wetland alterations would be contrary to the puiposc of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow wetland alteration activity to occur during this study. i^ursuant to the above findings, the City Council on August 23, 2004 adopted Ordinance No. 17, 3'‘‘ Series, declaring a six month moratorium on all activity involving alteration of wetlands. During the effective period of the moratorium, land alteration activity on all real propertv within the City of Orono which can be defined as “wetlands” within the meaning o' (hat term given it in Minnesota Statutes Section 103G.005, Subd. 19, and on all property within 26 feel of (he boundary of such wetlands, is prohibited. The moratorium expires on February 23, 2005. W10Q^14?v1 7B6748 r SECTION 2. Extension of Moratorium. Because the City has not completed its study and consideration of possible amendments to the ofricial zoning controls to address the issues related to wetland alteration activities, the moratorium established in Ordinance No. 17, Third Scries is hereby extended by six months to August 23,2005. SECTION 3. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 28th day of February, 2005, by a vote of__ayes and___nays. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor i2i(»2i4?vi mjia ORDINANCE NO. 17, 3RD SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, ESTABLISHING A MORATORIUM PROHIBITING WETLAND ALl’ERATIONS AND PROHIBITING THE GRANTING OF BUILDING OR LAND ALTERATION PERMITS OR PERMIT APPROVAI.S, PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUPA^ARIANCE) APPROVAL, REZONING, OR PUD APPROVAL, INVOLVING ALTERATIONS OF WETLANDS AND AREAS WITHIN 26 FEET OF WETLANDS THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 17, 3rd Series. SECTION 1. Statement of Policy. The City Council in order to update its floodplain ordinances no later than September 2, 2004 to remain in compliance with the requirements of the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources, adopted Ordinance No. 16, Third Series on August 23, 2004. Said Ordinance deleted both the existing floodplain and wetland regulations which were intertwined within the pre-existing ordinance, but only adopted new floodplain regulations, leaving the City without wetland regulations in effect. The City Council has reviewed a proposed new wetland ordinance to replace the prior ordinance. However, the City Council has not yet had adequate opportunity to fully study and consider tire potential impacts of the proposed new wetland ordinance, and the Council desires to further study and evaluate the proposed ordinance before its adoption. The Council finds that in order to prevent any activities that would negatively alter or impact wetlands while the proposed ordinance is being studied, it is desirable that the Council establish a moratorium on all wetland alteration activities until a study has been completed and a new wetland ordinance adopted. Since enactment of an amendment to the code would undoubtedly modify previous wetland regulations, the granting of building pennits and land alteration pennits, preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, or PUDs, which involve wetland alterations would be contrary to the puqmse of the zoning enabling act, Minnesota Statutes Section 462.351, ct scq. The Council further finds that it would be unwise, improper and unjust to allow wetland alteration activity to occur during this study. SECITON 2. Moratorium Declaration. The City Council hereby declares a moratorium on all activity involving alteration of wetlands. During the effective period of the moratorium, land alteration activity on all real property within the City of Orono which can be defined as “wetlands” within the meaning of that term given it in Minnesota Statutes Section 103G.005, Subd. 19, and on all property within 26 feet of the boundary of such wetlands, is prohibited. 121082l42v1 rM74l> SKCTION 3. Sjuclx-. The City Council requires its staff to initiate a study regarding the impacts of the proposed wetland ordinance to determine whether the proposed ordinance fulfills the underlying purposes of the Citys land use and zoning provisions. SECTION 4. Restrictions on the Grantinu of Buildin g HcpnltStJ^indj^cra.tjo^ Pennits. Preliminary _Su bdivision Approval, Zoning. (CUP/Vaija^j—Appro^sd, Rezoning, or PUD annrovals During the cfTcclivc period of the inoraloriuni, no building permit, land alteration permit, preliminary subdivision approval. Zoning (CUP/Variance) approval, Rezoning, or PUD approval, shall be given by the City staff or Council involving alteration of wetlands and lands within 26 feet of wetlands. SECTION 5. Duration. Tliis Ordinance shall expire within six months of the passage of this Ordinance by the City Council, without Ccuncil action, or it may be repealed earlier if the Council determines that tire requisite studies have been completed and adopted and tliat appropriate evaluation and action, including any nccc.ssary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not to exceed the statutory limits in Minn. Stat. 462.355, subdivision 4. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds aficr careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it docs not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state lav*. SECTION 7. Separability. Every .section, provision, or part of this Ordinance is declared separable from every other section, provision or p^; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not alTcct any other section, provision, cr part. SECTION 8. Publication. This Ordinance shall be published in THE PIONEER and TUB LAKER and shall be effective iimncdiately. Adopted by the City Council of the City of Orono on this 23rd day of August, 2004, by a vote of 4 ayes and 0 nays. A'lTESI: I .inda S Vcc, City Clerk Barbara Peterson, Mayor X : % PubllHhed in the Laker and Pioneer nowspapern the week of Octaber 9, 2004. 121392142V1 786749 • - ’ MINUTES OFTHi: OKONO CITV COIJNCII. MEETING Monday, February 14, 2005 7:00 o'clock p.in. K01.I. R/ircTiK»r^ l-tB 2 8 M'i __CIT ^ umji^U— 0 The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson; Council MciiiIkts Jim Murphy, I .ill McMillan, and Jim White; City Attorney I homas Barrett; Representing Staff were City Administrator Ron Moorse, Planning Direetor Mike (iaifron, Planners Janice (iundlach and Melanie Curtis, Public Service Director (ireg (iappa, Pngineer l om Kellogg, and Recorder Jackie Young. Council Member Sanscvcrc arrived at 7:08 p.m. Mayor Peterson called the meeting to order at 7:(t2 p.m.. followed by the Pledge of Allegiance. CONSENT AOENBA I.APPROVE/AMEND Items II*} through 18 were added to the Consent Agenda. Murphy moved. While seconded, lo appro\ e the Coiiseni Agenda as amended. \'OTE: Ayes 4, Nays 0. PIIBIJC: llEAKINi; - 7 00 P.M. 2. ANNl’AL PliBLIC IIEAKINO FOR NPDES STORM WA IER POl.LI I ION PREVENTION PI.AN Ciappa addressed the City Council regarding the City’s application for a National Pollution Discharge Idimmation .Sy.stem Storm Water |x.'miit. One of the requirements of this |x.‘rmit is that the City must hold an annual meeting to obtain public comments on this permit and the activities associated with this permit. Under the permit, the City is required lo address public education ami outreach, public involvement and participation, illicit discharge and detection, construction site runoff control, post construction runofi control, and pollution pieventioii and hou.sekeeping. (iappa noted the City is in substantial compliance with the permit and tliat the Cit>’ has been taking steps to educate the general public concerning the ('ity’s philosophy on protecting the lake and storm water control (iappa noleil the (’ity conducted 551) inspections of existing septic systems this past year tti ensure satisfactory o|K*ration of septic systems aiul to reduce illicit discharges as well as annual ins|H’ctions and service on 45 lift stations Mayor Peterson mquiied whether there were any public comnients regarding this program. riicre weie no public coniments Mayor Petenson clo.sed the public lieat ing at 7:07 p.m. FAGEl MINin KS OI IIIK OKOiNO Ci l Y C’OIIN< ll- MKKI IM; Monday, February 14, 2005 7:00 o'clock p.iii. (Annual Public IJcarinK for NPOFS, (. onlinucd) While noled the f’lly of Orono has taken great sirnles in nnplenienting this plan and llial the storm water silualion will he improved in the years to come. (iappa noted the project on (‘asco I’oinl is one example of how the w aler runofl was diverted away trom the lake. There was no fomial action taken on this matter. APPROVAI. OF MINUTES KFfa I.AK C’OrNril- MFETINO of .IAM ARY 24,2005 Murphy moved. While seconded, io approve Ihe iiiinules of the .laiiuary 24, 2005 ('ily f'ouiieil mrelingas .ubiiiitled. VOTE: Ayes 4, Nays 0. PARK rOMMI.SSION (‘O.MME.NTS - IRENE SU RER AND MIKE lll'DDY, REPRESENTATIVES Sillwr slated the Park ( 'oiiiniisston would like to make the Council aw are of their support for the jmssible purchase of Ihe 53 acre Veterans Camp on Hig Islaiul. Mike liuddy read a letter from Dick OsgtMid, l•xecutlve Director of the Lake Miniieloiika Association, regaidmg Ins support for the acquisition of the Mig Island VeieransCamp Sillici read the resolution adopted hy the Orono Park Commission supporting the acquisition of the Rig Islaiul Veterans (‘amp by the City of f )rono SiIIkt noted Ihe ()rono Park ('oniniission adopted this resolution at their regular meeting held on Pebruary 7, 21MJS. Murphy indicated he is appreciative of Ihe elTotls ot Irolh the Park ('ommission and Ihe l ake Minnetonka Association in supjurrting this acquisition. Murjrhy commented this is a unique situation and a unique piece ol land and that Orono'.s inlerc.st in preserving lois patkiand is for the irenefil of all |H,*ople and not ju.sl the residents of Orono. Mur|>hy noted a draft purchase agieement w as sent to Ihe veterans for their review. P1.ANNIN<; COMMI.SSION COMMENTS - .1. MARC FRIT/.I.ER, REPRESENTATH F 1 ritzier stated he would be available for quc.stion.s during tonight ’s meeting. PCBI.ICt OMMF.NTS None pa (;e 2 k MINIJTKS OF THE ORONO CITY CTMINCTL MEE1ING Monday, February 14, 2005 7:00 o’clock p.ni. ZONING ADMINISTRATOR’S REPORT 4.#04-3052 ERIC VOGSTROM, 2618 CASCO POINI ROAD - VARIANC’ES Fne Vogstrom, Applicant, was present. Curtis addressed the City Council regarding the Vogstrom application, noting that conceptual approval was given at the January City C'ouneil meeting based on reduct ons to the proposed building footprint and hardcover levels, fhe conceptual approval revision consists of a 1,499 square foot building footprint and associated hardcover totaling 31.7 percent for the 75 ’-250 ’ /one. A revi.sed vegetation restoration plan has also been reviewed by the Planning Staff, the City Engineer, and the adjoining property owner Further revisions based on the comments of the various reviewmg parties have been incorjroratcd into the version of the vegetation restoration plan that will be enforced by the agreement contained in F.xhibit E. Staff has received a copy of the private agreement between the applicant and the neighb<iring property owners that resolves the illegal tree removal issue by the applicant on the neighbor ’s property. (Council Member Saiisevere leaves the meeting) Murphy inquired about Item 4-c on page two and exactly what agreement has been reached w ith the adjacent property owner. Vogstrom indicated his neighbor requested $9,000 for the removed trees, which has been conveyed. Jcif Essen, 2648 Casco Point Road, indicated an agreement has been signed, with the inclusion of downspouts and gutters along with the financial settlement. Murphy inquired whether both parties feel the agreement has been fulfill''}. Vogstrom noted the agreement was fulfilled appro.ximately one month ago. Essen slated he hail the understanding that no further trees would be removed from his property but that within the past week it was necessary to request a tree removal contractor to stop work on his property. Vogstrom slated it is crystal clear that he is not to remove any other trees from the Essen property and that the tree removal contractor was merely removing a five to six foot stump of a tree that had previously been cut down. N'ugstrom stated it was intended to be a kind gesture on his juil. Murphy stated he would not be in support of the approval resolution due to the proposed footpnnt. While indicated he would like further clarification on the vegetation restoration plan and agreement with the City. ( iailron brietly outlined the proposed vegetation restoration plan, noting that the Plaimmg Staff and the City Engineer have reviewed the plan and leel it is acceptable. PAGE 3 r r- MINt'TES OF THE OKONO CITY COUNCII. MEETING Monday, February 14, 2005 7:00 o’clock p.m. (/I04-3052 Eric Vogstrom, Contioned) N^'hitc encouraged ine applicant to follow through with the agreements he has entered into to avoid further problems. White noted a fair number of large trees were removed and are now being replaced with significantly smallei trees. Vogstrom stated the majority of the trees that were removed were Idm trees and CottonwiHHl trees that were either diseased or dead and that he did not remove any perfectly giHid trees. Wliite stated in his opinion no lurther vegetation should be removed on this property until a survey is completed to determine what exactly is on the site. Vogstrom stated a survey has been completed and that Staff has also visited the site. White noted that buckthorn is proposed to be removed from the site, and expressed concent that other trees and vegetation may be removed as well. Vogstrom noted that Gafifon and Curtis have visited the site and have taken numerous photographs of the area. Vogstrom stated the existing trees have been dtKumenled on a survey approximately three months ago. Gaffron stated permission has been given to remove the buckthorn. White noted the applicant has been told not to encroach upon the adjoining city lake access and suggested that the area be delineated very clearly prior to construction of the residence. Vogstrom stated he is in agreement with Council Member White and noted the neighlmr to the nor»h has a number of items located on the City’s projK*rty. Curtis slated there are piles <»f wood, construction equipment, a Iraclur, and possibly rolls of carjiet. along with other items. Curtis stated Staff would be notifying that projierty owner that the item.s need to be removed. McMillan concurred that this would be a good time to clearly delineate that area as City property. Vogstrom staled he is in agreement with marking that area. Mur|ihy noted Item 6 on page 4 of llie resolution requires a performance deposit, and inquired w hethcr an amount has been determined. GaITton staled the amount is $.^2.4.10, which is I .SO percent of the City tngineer’s estimated cost for implementing the vegetation restoration plan. pa<;e 4 MINtTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o'clock p.m. (^04-3052 Eric Vogstrom, Continued) Muqiliy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30,2008, to ensure that the vegetation will survive. Peterson stated she docs have an issue with Item 6 in lixhibit E regarding an annual inspection by the City of Orono. Peterson indicated she would prefer to have a semi-annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspcctitfiis. Gaffron stated once the trees reach six inches m diameter, the City t>-pically no longer inspects them. Barrett recommended Paragraph 11 m Exhibit E be amended to read that this agreement may be filed against the property, and applies to the Vogstroms, their heirs, and successors of the land. Barrett recommended adding Paragraph 12. which would state that the parties agree to disclose that the agreement is enforceable by injunctive relief through legal remedies that may be available, and that the signature section on Exhibit E be amended to include the V'ogstroms, their heirs, or successors. Barrett indicated that language would notify future property owners that this agreement would be enforced against them. Essen stated he has no objections to the variance for hardcover and that he is in support of a new residence being constructed on this lot. Essen stated approximately one foot off of his property line is located a 36 inch oak tree. Essen expressed concern that that oak tree would be killed if the house is constructed m the proptised location. Essen indicated he would Lc in support of moving the house five feet to the north, which would give the tree an additional five feet of root space and possibly enhance the life of that tree. Gat fron stated he did speak with the applicant on this issue and that the view from the street would not be negative!) impacted if the residence were ino\ ed five feet to the north. Gat fron stated he is unsure w hat would hapiK'n to the access road m the future and that from a long-temi standpoint he is unable to supjxirt rchK'ating the house five feet further to the north and granting the variance. V'ogstrom inquired whether Gaffron thought that the public access way is heavily wooded. Gaffron stated m his view the right-of-way is not heavily wooded towards the street but is more heavily wiMidcd towards the lake. X'ogstrom noted in order to provide public access to the lake, a large number of trees w ould need to be removed as well as filling in of wetlands. (Council Member Sanscveie returns). Gallion stated in his view a hardship docs not exist to grant the variance. PAGE 5 MINUTES OF THE ORONO CITY COCNCII. MEETING Monday, February 14, 2005 7:00 o ’clock p.m. (#04-3052 Eric Vi>{(»ironi, Continued) Barrett stated he is aware that the Council has granted variances in the past to protect trees on other properties. Muqihy inquired whether there were any other options to protect the tree. fiaffron .stated the C’ity’s history of granting variances is dismal and that in his view an extra five feet would not save that tree. Gaf fron noted the Council in the past has indicated that variances should not be granted t«> save a tree. McMillan encouraged the applicant to eontinuc to work with Slalf and his neighbors to improve the situation. McMillan moved. White seconded, to adopt a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the <Tty Attorney. Murphy inquired whether the vegetation restoration plan should be approved prior to the resolution since the Council had indicated it would not take action on the resolution until the restoration plan was approved. Peterson noted that is correct. .k i McMillan witlidrcw her prior motion. McMillan moved, Murphy seconded, to approve the vegetation restoration plan fur the property located at 2618 C'asco Point Road, with the agreement being amended to require a performance deposit be retained by the C'ity until June 30, 2008. Peterson inquired whether the applicant is agreeable to the date being extended for the |X‘rfomiance deposit. Vogstrom stated that is fine. VOTE: Ayes 3, Nays 1, Peterson Opposed: Sansevere Abstained. .Sansevere indicated he is abstaining from the vote since he was not part of the discussion at the previous Council meeting and also missed a portion of tonight's discussion concerning this application. McMillan moved. While seconded, to adopt a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. VOTE: Ayes 2, Nays 2, Peterson and .Murphy Opposed; Sanu'sere Abstained.* narrett staled the motion fails and that Staff should be directed to prepare findings to sup|H>n the denial. pa<;e 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. (1^04-3052 Eric Vogstrom, Continued) I’ctcrson inquired whether Council Member Sanscverc would like the op|K»rtunity to vote on the motion, Sansevere stated in his view since he was not involved in the discussion at the last Council meeting and the majority of tonight’s discussion, that it would not be fair to the applicant or to the rest of the Council for him to vote on this issue at this time. I'ctcrson inquired whether this application could be reheard at the Council’s next meeting in order to give Council Member Sansevere an opiwrtunity to vote on any motion. Barrett stated that is one option. Peterson moved, Murphy seconded, to table the application. Barrett recommended that the failed motion be withdrawn and that a motion tabling the application be made. Murphy moved, Peterson seconded, to reconsider the motion adopting the approval resolution for Application D04-3052 at their next Council meeting scheduled for February' 28,2005. VOTE: Aves 4, Navs 0; Sansevere Abstained. Peterson moved, Murphy seconded, to table Application 804-3052, to the February 28,2005 City Council meeting. VOTE: Ayes 5, Nays 0. 5. 805-3072 ORO.NO SCHOOL.S, 685 OLD CRYSTAL BAY ROAD >ORTU - VARI A.NC E AND CONDITIONAL USE PERMIT John Oslund, Neal l,.aw'son, and Karen Orcutt, Orono Schools, were present. Curtis stated the Orono Public School District is requesting a variance and conditional use permit in order to replace the existing campus monument sign with a new monument sign, fhe applicant is proposing a 9’ 2” tall X I r wide monument sign with 56 .square feet ol sign face, including a .tO square foot static electronic readerboard. The projxised sign is to be located at the northwest comer of the intersection of Old Crystal Bay Road and Highway 12 on school district property. The Planning Commission at their January 18. 2005 meeting voted 5-1 on a motion to recommend approval of the sign si/e variance and conditional use permit for a new monument sign with the stipulation that the proposed 1 ’ x H’ panel to be used as a “sponsor panel" not be permitted. Curtis noted Commi.ssioner Bremer voted against the motion stating that she supported the variance and conditional use pennit but would have sup|Hirted the s|H>nsor panel. PAGE 7 1 MINUTES OF THE ORONO C:iTY t'Ol NCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. (#05-3072 Oronu SchiHils, Continued) Staff recommends approval of the ItKation and design of the proposed monument sign as it will replace the old and outdated existing sign and should result in a reduction or elimination of the temporar) signs placed on this comer periodically. Curtis noted currently there are no standards within the City’s zoning code to address institutional signs. The zoning code ahso does not address whether a sponsor panel is appropriate for signage ser\ ing an institutional use such as a sch«M)l. Staff would suggest possibly eliminating corporate logos from the .sponsor panel or perhaps limiiing ihc style of letters to match those used overall on the monument to minimize the eommerciul feel of the sponsor panel. Sansevere indicated he was m attendance at the Planning Commission meeting when this item was discussed and does not have an issue with the sponsor panel. Sansevere suggested the school consider rotating the name of the sponsor periodically as a means of raising donations. Murphy commented he does not have an issue with the monument sign but that the Council should discuss the possible precedence of the sponsor panel. Neal Law son thanked Staff for their help on this application. Lawson noted they arc attempting to construct this sign without public funds, w hich is the reason for the sponsor panel. White noted the sponsor panel is the lowest panel on the monument sign. White indicated he likes the design of tlic proposed sign. Peterson inquired whether the banners hanging on the fence next to the tennis courts would be remo\ed if this new sign is constructed. Lawson indicated they arc hopeful those would be removed. McMillan slated she likes the updated sign and location of the sign. McMillan noted Staff did suggest that the sponsor panel not have a corporate logo on it and that the same font be utilized. McMillan indicated she is in favor of those recommendations since it w ould help dimmish the possibility that this sponsor panel be used as a billboard. McMillan inquired visually how the sponsor panel would look. Lawson stated they have not given much consideration at this jxiiiit to what the sponsor panel would look like and that various sign companies are recommending this t>i)c of sign. Sansevere inquired whether information was able to be obtained on whether other schools have similar type signs. Law.son stated a number of these electronic signs have been constructed as part of the construction of a new school building and were covered under that bonding. Law.son indicated the schools with manual signs are in the priKess of changing to electronic signs and that they are mcluding a .sponsor panel Lawson stated Hopkins, F.dcn I’rainc, and Wayzata High School have lit electronic sponsor panels. pac ;e 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. (#05-3072 Orono Schools, Continued) Murphy commented certain companies have strict standards regarding the use of their logo and that restrictions on the sponsor panel may perhaps diminish the likelihood that those companies would be willing to be a sponsor. Murphy stated since the school district *.s applying for a conditional use permit, that may allow the City to have some jurisdiction over what appears on the sign. Curtis stated a permit would be required to change any panel of the sign and that as part of the conditional use i>ermit the City could require a review. Murphy inquired whether a precedent would be set by allowing this sign in a residential district which would then allow' residential properties to sell a portion of their outside wall and erect signage on one side of their house. Gaffron noted the Council w'ould be approving this as an institutional use even though it is located in a residential area. Gaffron indicated he is unaw'are of any other monument sign within the City that has a sponsor panel and that it would be precedent setting. White noted use of the sign by the school is unique compared to other businesses. Sansevere inquired whether possible language on the sponsor panel could include Coke supports the Spartans and whether the school district has given any consideration to exactly how the sponsor panel would be used. Lawson stated the concept they envisioned for the sponsor panel is just basically the name of the company or organization that helped finance the sign. Peterson inquired of Fritzler why the members of the Planning Commission voted against the sponsor panel. Fritzler staled the main concern of the Planning Commission w as whether this w ould be used in the future as a means of commercial advertising and the feeling that an illuminated sponsor panel is not necessary. Fritzler stated the Planning Commission was in favor of a small plaque located on the side of the sign rather than the sponsor panel. McMillan stated tn her view the sponsor panel should have the same color and appearance as the rest of the sign rather than a distinct separate color which would tend to draw someone's attention to it. Peterson inquired how high the sponsor panel is liKated off the ground. Lawson stated the sponsor panel would be approximately two feet ofi'the gr«)und. with vegetation being planted around the sign. M(H>rse suggested language be included in the approval that would give the City the right to pcnodically review the sign since the C’lty docs not currently have standards for this type of sign. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. (#05-3072 Orono Schools, Continued) Murphy inquired whetlicr the City has the same purview on other signs located throughout the City. Murphy stated this might be a situation where Uie City should look at developing some standards. I^wson noted the scIkmiI docs currently have a sign at this location that has existed lor a number of years. Gaffron stated the City docs have standards for commercial signs and that the City docs have the right to review the sign whenever there is a change made to it. Galfron stated the Council docs have tlie right to put certain restrictions on the rpproval and recommended that Staff be giv en the right to revicvv the sign whenever the sign changes. Murphy inquired whether llicrc is a disadvantage to the City’s commercial sign standards being applied to this situation. Gaffron stated the school district would be able to erect a number of signs under the commercial sign ordinance but that they would be limited in size. Peterson inquired whether another sign could be erected by the school district along Highway 6. Gaffron stated they could. White moved, Murphy seconded, to direct Staff to draft a resolution reflecting approval of the monument sign as presented In Application #05-3072, with the understanding the sponsor panel would remain. Peterson inquired vs ’hcther there were any public comments regarding this application. There were no public comments. McMillan inquired whether the Council would like to impose any restrictions on the appearance of the sponsor panel. White commented it was his understanding .Staffhad the right to review the sign if there arc changes to the sign. Gaffron stated .Staff needs direction from the Council if they would like specific rcstnctions on the sign. McMillan indicated she would like consistent lettering and coloring for the s|>onsor panel to help lessen the possibility of the sponsor panel turning into an advertising billboard Sansevere stated he would prefer to see language indicating that the sponsor supports the Spartans or supptins Orono .SchiMils rather than just the name of the organization or company. McMillan reiterated her request that the lettering and coloring remain consistent. PAGE iO ■MM I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o ’clock p.m. (II05-3072 Orono Schools) Murphy commented it is not the Council ’s purview to design signs and that the motion directs Staff to dral\ a resolution approving the monument sign with the sponsor panel. Muq:)hy noted this sign would not be constructed until the spring, which would give the school district time to work with Staff and also dclcnnine exactly how the sponsor panel would look. Fritzler stated the Planning Commission was under the impression that the sponsor panel would only be used to denote the chief sixm.sor of the sign and that the sponsor panel would not be changed on a monthly or other basis, which w'ould tend to make the sign more commercial. Sansevere stated in his view there should be a plaque in addition to the sponsor panel. Sanscverc stated in his opinion the school should have the opportunity to use the sponsor panel to help raise funds for various school projects. White stated in his view the sign would not be highly visible from Highway 12 and that the school has exercised good judgment in the past on what to display on the existing sign. Gaffron noted the motion is in favor of the sign us proposed, with the sponsor panel remaining, and no other conditions being imposed on the sponsor panel. Murphy suggested the City be given the right of administrative review if changes arc made to the sign. VOTE ON THE ABOVE MOTION; Ayes 5, Nays 0. 6.#05-3079 NICOLE AND PETER THO.MAS, 1385 ORONO LANE - VARIA.NCE Pelcr Thomas, Applicant, and Jim Meisler, Applicant, were pre.sent. Gundlach stated the applicants are requesting variances in order to construct a 8' x 11’ landing/deck above the exi.sting mechanical equipment on the lakeside on the home. The properly is ItKated at 1385 Orono I^ne, with shoreline on two sides of the lot. Ciundlach noted a ha»'dcover variance is required to permit 10.79 percent hardcover withm the 0-75 ’ lake setback zone when 0 percent is allowed and 10.79 percent currently exists. The applicants have prtiposed removal of 100 .square feet of drivew ay w ithin the 0-75' zone to offset the proposed deck. Stall'found the proposal rea.sonable as the applicant is not proposing to increase the total amount of hardcover w ithin the 0-75 ’ setback /one and the hardships found under the 2001 hardcover variance remain unchanged. The Planning Commission had a tie vole of 3-3 on a motion to deny the reque.st. The Commissioners who voted to deny the variances felt that approval of a trade of non-structural hardcover for sU^ctural FACE 11 % • MINUTES OF THE ORONO CITY COUNC IL MEETINC; Monday, February 14,2005 7:00 o ’clock p.m. (#05-3079 Nicole and Peter Thomas, Continued) hardcover would not be consistent with past hardcover variances. 1 he Commissioners in favor of the request fell that because the deck w'ould be wrought iron in order to support the AC mechanical equipment underneath, removal of the non-structural hardcover w as a better end result in terms of storm water infiltration on the lot. Sansevere moved, Peterson seconded, to direct StalT to draft an approval resolution for Application #05-3079, 1385 Orono Lane. Moorse stated since the w rought iron deck would be considered structural coverage, he would recommend that the applicant be restricted from coming in the future and requesting that the landing be cons erted into a three-season porch. Thomas indicated they have no indication of converting the wrought iron deck into a three-season porch. Peterson inquired whether there was any public comment concerning this application. There w'cre no public comments. VOTE: Ayes 5, Nays 0. 7. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD EST - PUD - CONCEPT PLAN REVIEW' Gina Carlson. Architect; Philip Carlson, President of Interspace West; Dan Larson, Engineer; and Daniel Kaplan, Altomey-at-l.aw, were present. Gundlach stated the applicants are requesting a H-0 PUD General Concept Plan approval. I’reliminar)' Plat and a Commercial Site Plan approval with casement vacauons in order to construct 20 units of office condos on appro.ximately 2.6 acres located at 2060 Wayzata Boulevard West. The proposed condos are two-story w alkouts containing approximately 34.186 square feet of gross square footage. Each building will contain a walkout level, a mam llcwr level, and a second story mezzanine. Gundlach staled the PUD process requires a general concept plan stage and the general development plan .stage, which is similar to preliminary plat approval and final plat approval, w ith the Planning Commission review ing both stages. Gundlach slated the property w as zoned and platted B-6 PUD as part of the Orono Woods Senior Housing Development to the direct east. Approval of this project would mcli.de amending PUD .Agreement No. 2 as It relates to the new applicant and the new project. Gundlach gave a brief histtiry on the prior project* proposed for this site, which involved an office condo development that was looked upon favorably by the Planning C ommission and the City Council. Ultimately the office condo nroicci was never eiven fm-ji PAGE 12 iiM* MIMiTKS OF THE ORONO CITY COIJNCIE MEETING Monday, February 14, 2005 7:00 o'clock p.m. (1^05-3080 Interspace West, Contiiiued) approval as the applicant was unwilling to meet the requirements lor parking. Gundlach noted the current proposal d(KS meet the parking requirements that were established as part of the prior |)ro|M).sal. Gundlach indicated the current proposal is consistent with the current zoning as well as the C'lty's 2020 ('omprehensive Flan. The proposed site plan eonforms with all lot urea, lot width, .setback requirements and building height regulations. Gundlach noted the applicant is proposing to reduce the site four to eight leet with some cuts as large as 10 to 12 tect in order to create the walkouts. I'he applicant is proposing a system of retaining walls to bring the elevation of the site back up to the appro.xmiatc original grade elevation on the north end of the site, w hich is adjacent to the Sugar Woods common lot. The applicant is proposing 102 parking stalls, which meets the requirement of 3.5 per 1000. Gundlach indicated this parking ratio was recommended by the City ’s traffic consultant. Gundlach stated all storm water would be directed via the pipe to the storm water |>ond at the corner of llighw'ay 12 and Brown Road at the Orono WimhIs site. Gundlach noted the pond was originally designed to handle the runoff from this site. Access to the site w ill be trom the e.xisting cut on Highway 12 of the Orono WchkIs .Senior Housing building. Tlic applicants are proposing building materials consisting of light and dark colored stucco, metal grids and glass, with a metal roof. Staff finds tlicsc materials to comply with the architectural standards outlined in the B-6 ordinance. 'I he Planning Commission voted 6-0 to approve the General Concept Plan in accordance witli Staffs recommendation for additional stipulations. Philip Carlson addressed the City Council and gave a brief histoiy of the company. Carlson indicated the goal with this development is to create a win/win situation for the development, the city, and the neighbors. Carlson indicated they have met with .Staff and the neighbors a number of times and have tried to incorporate their suggestions as much as possible. (iina Carlson indicated they have changed the name of the development from .SugarwxHids to Amber Womis. Carlson reviewed the approved conditional use pennit for this site, noting they arc asking for the conditional use permit to be amended. Carlson stated they arc proposing the concept of olfice townhomes where the person would own the building as well as the ground underneath. Carlson indicated 10 buildings are proposi*d for this site, w ith the potential for 10 different owners. Carlson slated the units are clustered m two groups of three and one group of four, with the end units each having their own private lighted stairwell and the other units having a shared stairw ell. Carlson indicated the project was designed based on the theory ofleng Shin, which deals with the natural Ilow of the land. Carlson stated the site is I,-shaped w ith a curved driveway, w ith the buildings being designed to incorporate the five elements of Feng Shui. Carlson reviewed the projxiscd design of the buildings, noting tliat the buildings would consist of stucco, metal, and glass. PAGE 13 MINUTES OF THE OKONO CITY COUNC IL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#05-3080 Interspace West, C'onlinucd) Carlson stated the baek of the site abutting the residential neighborluM)d \v«)uld consist of four-foot berm tiers, resulting in a gradual berm, with plantings being proposed for the berm. McMillan inquired how close the nearest house would be. Carlson indicated it would be approximately 200 feet. Carlson .stated the monument sign would consist of rock built into a metal grid 19 feel in length and five feet in height for a total of IW square feet. Philip Carlson addressed the City f’ouncil regarding the market analysis conducted by Interspace-West, which shows a need for of fice .space in this area. Carlson stated in their view' a project of this t>pc can be successful in tlic Orono'Long Lake area based on the lack of office space currently available as w ell as the fact that there is not presently office space under construction. Carl.son noted the office/condo market has expanded in recent years and is a hot real estate trend, with the least amount of office condos being located in the west metro area. Carlson stated there is a market for affordable office space located closer to people ’s residences. Carlson staled in their view this project would be successful based on the fact that this is the least invasive on the residential neighborhood because of the concept of Feng Shui. Carlson pointed out no headlights w-ould go into the woods since they are proposing walkouts. In addition, other factors contributing to the success of this project include the following: blwked parking and bliKked trafilc noise, a limited number of units with exposure to the wtHHis. the wotxls act as a natural buffer, retaining wall and plantings create an additional buffer, buildings have residential “European ” look, buildings arc * high-cnd ” office, and local demographic analysis and market analysis indicate a need for this kind and size of office condo in Orono. Sanscvcrc raised a concern that the European look does not really fit in w ith the rest of Orono and may be inappropriate for the Highway 12 corridor since the> are attempting to blend in the various projects. Murphy stated he is in agreement with Sansevere and that the liurojx'an Kuik may not be ideal for this area. Manlyn Milcusn e, 21 10 Sugarwood Drive, staled she would like to have something more traditional looking in this area, noting that this development would Iw visible from her residence. Mileusmc stated .she would also like to know more alxiul the pro|>osed landscaping for this area Gina (“arlson staled the landscaping plan would be presented to the general public in ihe near future. Sansevere inquired whether the applicant is concerned that this |woied would not blend in with the other types of development in this area. f iina Carlson stated the buildings would be screened and clustered l»i allow for integration with nature and that m her view there can be a mix of traditional and more niiHlem looking structures m this area. pac ;e 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Februar>' 14, 2005 7:00 o'clock p.m. (#05*3080 Interspace West, Continued) Sanscverc reiterated that it does not fit in with the look that the City has tried to achieve along the Highway 12 corridor. Carlson indicated this project would not be highly \isiblc from Highway 12 and would be set back into the natural surroundings. Peterson also raised concerns with the European look being proposed for this site. Carlson stated the proposed roof is similar to the roof on the city hall building and has stucco siding. Carlson noted certain building materials must be utilized in Feng Shui. Sansevere stated the Council would have to look at whether this project would blend in with the rest of the community. Carlson stated Feng Shui is an ancient Asian practice that has been proven over time. Sansevere stated in his view this concept could be incorporated into a more traditional looking building. White stated he also does not like the appearance and that there needs to be a better blend with the rest of the community. White stated he would like to get more information on the water How for this site. Larson stated a storm sewer is proposed for the north side of the units that would be diverted to the existing storm sewer system that is part of the semor bousmg project. Carlson stated in her view it appears the council is questioning the roofline and the fa9ade, which can be addressed with Staff. McMillan commented there are a lot of positives with this project, particularly the way the buildings have been clustered and the concept of the office condo. McMillan stated she appreciates the thought and w ork that has gone into this project but that she has a concern w ith the t>pc c f materials being propo.sed for this project. Carlson stated in her opinion the materials could be worked out. Sansevere inquired w hat assurance the City has tlat this project will not remain Micant. Carlson indicated the buildings would be built in clusters and that in their experience this project will be successful and hopefully completed w ithin 24 months. McMillan inquired w'hether there is any additional landscaping that the adjoming residential neighborhood w ould like to sec. PAGE IS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#05-3080 Interspace West, Continued) Karl Berg, 2112 Sugarwood Drive, stated he has spoken with the applicants and that a lot of thought has gone into this project. Berg stated in his view the area is hard to landscape due to the low area that currently exists and that any type of structure constructed on this site w ould appear to be imposing. Berg stated he likes the concept but does not like the appearance of the project. Kaplan stated he would like to see a resolution drafted that approves the general concept of the building clusters, the proposed parking, and the general concept of the office condo development, with the applicant being given the opportunity to come back before the City with a different proposal for the appearance of the buildings. Sansevere stated he would like to visualize the building prior to approval. Gaffron stated in Stafl's view this project is totally different than what was originally approved. Gaffron noted this is a PUD process, and that once approval is given to the preliminary concept plan, it is similar to the preliminary plat approval. Gaffron stated the issue tonight is whether the applicant has been given enough direction to be able to redesign the project into something that the council is willing to approve. Jacqueline Ricks, 2108 Sugarwood Dnve, stated she has concerns regarding the drainage in the northeast comer of the site, which is located at the bottom of the hill. Ricks indicated she w ould like to know whether that area would be filled in or how the runoff would w ork in this area. Murphy stated the concept in his mind is the clustering, the parking, the water flow, but that the European look is not ideal for this area. Murphy noted the City has s|K*nt considerable time and money trying to determine what best w ould be suited for this area in order to maintain the rural character of Orono. Carlson stated in her opinion she would be able to redesign the roofline and siding to better meet the appearance that the City would like for this area. Carlson requested the Council approve the general concept of the project. Murphy commented he approves of the overall concept but tbit he is opposed to the appearance of the buildings. Peterson suggested cflbrt also be put into developing formal landscaping and lighting plans for this project. Mwirse noted the projMised buildings are two and a half stories, which probably would remain regardless if the rtHitline is changed. Minirse .stated if the Council approves the concept, they w ould be approving the two and a half story building w ith the walkout. Murphy stated in his view he would like to sec the half-story eliminated and the buildings restricted to two stones. San.severe indicated he would prefer this application be tabled. PAGE 16 ^___oi« MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o’clock p.ni. (#05-3080 Interspace West, Continued) Carlson stated they would like approval on the s(|uare footage and the overall concept. Carlson stated she would be able to design a more traditional looking building. White noted that the City would not be locked tnto this project simply by approving the concept plan. McMillan stated in her view the removal of the half .story may have a big impact on this project given the clustering and layout of the buildings. Milcusnic inquired whether additional land could he acquireil to spread the project out more. Miletisnic stated she would prefer the buildings be reduced by a half-stor)’. Mr. Carlson stated the adjoining land is not avadabic. Mileusme indicated she would prefer the Council not give approval to this project at this time. Muqihy stated it is his understanding the Council is considering only approving jiortions of the plan. i'eter.son inquired whether the applicant would like to have their application tabled. Gina Carlson indicated she would like to have the basic concept plan approved tonight and that she would be willing to meet w ith Stall to help re.solve some of the issues raised tonight. Murphy and I'ctersoii indicated they would prefer the buildings be reduced by half a story. Kaplan stated the general concept plan could be approved tonight, w hich would allow the applicant time to redesign the buildings and meet with staff. Sanscvcrc stated he would prefer to approve it all at one time rather than a portion of it now and a portion of It later. Rick Apple, 2101 Sugarwood, stated he would like to sec a \*icw of the buildings as they w'ould appear from Sugarwood Drive. Apple noted there was also a fair amount of discussion at the Planning C'ommi.ssioii meeting : Nml the future ownership of these buildings. Saii.severe slated he did have a concern whether there is adequate parking. Saiusevere commented tlie possibility of a chiropractor being located in this development w as discussed at the Planning ('omnnssion. .Sansevere slated in his opinion that tviK* of use w ould generate a fair amount of traffic and parking needs. (inia Carlson stated the units at the peak are far less than the 30-f(M)i height restriction and that to remove a half-story would greatly limit this project ('arlson noted the pro|>osed two and a half-story is |0 feet below what is allowed by the City. PAGE 17 rail concept. C'arlson stated she approving the concept plan, impact on this project given the ic project out more. Milcusnic s project at this time. ro\ mg portions of the plan. on tabled. ro\ cd tonight and that she would ight. rd by half a story. would allow the applicant time a portion of it now and a portion uildings as they would appear ussion at the Platming [ Saiihcvcie commcnlcd tlK* ised at the Planning C ommission >unt of tiaffic and parking needs. :ht restriction and thal lo remove t>*o and a half-storv is 10 feet EETINC; I of how binding eoncept approval could climinary plat approval and that he would :i\ suggested the C’lty tabic the I5-30K0, liiters|iace West, 206U allow tlie applicant time to revise their V PARKWAY (On i.OT E vere present. final site plan and building plan iiatcly ihrcc years ago this lot was an lo type building consisting of three ally two separate buildings were hat plan did reach concept plan approval concept. ildmg and was reviewed by the Planning tarding the si/e and height of the 1 defined height of 3S feet, which was ance was one of the feu variances ang and height of the building be styles, various bump-ouls on the :aranee of massing. Ciaffriin indicated r the ends, u hicli was done on the front •d, wiih the elevation of the building now mg being increased Irom eight feet to eased from 373 Icct to 327 feel, with a ‘ applicants arc also pro)H)smg ed the number of units has been reduced MiMJTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. (1^05*3081 ZB Construction, Continued) Gaflfron indicated the buildings were combined in order to accommodate certain amenities that were not included with the original proposal. Gaffron stated the applicants are requesting a revision to the plat in order to better accommodate the one building design, which StafT is in favor of. Gaffron stated the parking requirements for this site dictate 2.0 stalls per unit for a total of 112 stalls. The applicant has eliminated a number of parking stalls due to the location of a party room in the basement level. Gaffron indicated the applicants arc proposing 105 parking stalls on the site, with seven parking stalls on the street being proposed McMillan inquired whether there is guest and service parking available. Gaffron indicated there is not. Murphy stated another option is to reduce the number of units. Peterson inquired whether there is an elevator in the building. Zachman stated there is one elevator in tlic central corridor that goes from the basement up to the third floor and would allow access to both sides of the building. Zachman stated they have considered squaring the front of the building, which would increase the parking stalls by two. Zachman noted the number of units has been reduced from 62 dovem to 57. Zachman indicated they have approximately three to four grocery carts down by the elevator that the residents are allowed to use to help haul groceries to their unit. Sansevere stated in his opinion the length of the building is too long and that people would be reluctant to purchase the units at the ends of the building given the distance from the elevator. White inquired what the pnee range is. Zachman indicated there are three different units proposed which range from $200,000 to $300,000. McMillan inquired whether any floor plans exist. Zachman stated they are in the process of designing the layout of the units. White inquired whether the applicant has constructed other condoimniums. Zachman stated they have constructed some condo units off of Snelling Avenue in St. Paul, on Medicine Lake Road m Golden Valley, one in liden Praine, and one m Minnetonka. Sansc\ere inquired how many were over 57 units. Zachman stated Golden V'alley has a total of 58 units. PAGE 19 P » 1 MINUTES OF THE ORONO CITY COUNC IL MEETLNG Monday, February 14,2005 7:00 o'clock p.m. (1^05-3081 ZR C?onstruction, Continued) Ciaffron requested addresses be given lu StafTsu Council can visit those condominiums. Zachman noted he did drop off some brochures previously. Sanscvcrc inquired whether the length of the building is acceptable to stalf. Gaffron noted ('ouncil originally approved roughly the length that is being proposed tonight. Galfron stated the view of the building would vary depending on the location you arc standing in. Zachman stated they have attempted to break up the front of the building by utilizing different colors of stone and bringing the building out in areas. Sanscvcrc indicated he prefers the L-shaped building versus the two buildings. Murphy indicated he docs like the difference in colors but that he thought there would be more variety. Murphy expressed a concern that the number of parking stalls proposed for this project is not adequate and inquired how' many people would be in each unit. Zachman stated in their experience 40 percent arc empty nesters. one car, totally retired. Another 40 percent are nearing the retirement stage, no children, and 20 piereent typically are single female professionals. Zachman slated four to six stalls could be obtained by shrinking the party area, w hich would allow them to meet the City ’s parking requirements, along with seven overflow parking stalls. Gaffron stated the minimum for the site is 112 parking .stalls. McMillan stated in her opinion 90 percent of the parking should be underground and that the parking is not acceptable as proposed. McMillan stated in her view there needs to be service and guest parking available. McMillan indicated she al.so has a concern that the building would not have proper tire access if additional cars were parked on this lot and that the project is not workable given the lack of additional parking. McMillan questioned whether the north end units would be desirable given the distance from the front entrance. Zachman indicated in his experience the north end would be the most sought-after part of the building since it is more isolated. Zachman stated in Ins view that would be the {Hirtion of the building that would Ik (Kcupied first. McMillan staled in her view aimther elevator would be more practical. McMillan inquired whether storage areas would be built in Zaichnian indicated the inside angle of the building allow s for inside cubicle siorage on their floor for every resident. Zachnun noted ihe basement also contains siorage units. White stated he does like the diflerence in color but that in his view the parking needs to be increased PAt;E 20 MINl'TES OF THE ORONO CITY COUNCIL MEETING Monday. February 14,2005 7:00 o’clock p.m. (#05-3001 ZB Coastructioo, Continued) Heller stated the party room could be removed and the end of the garage area could be converted into ptu-king, which would increase the underground parking by 12 stalls. Zachman noted the garage stalls arc 22 feet deep, which are larger than normal. White stated in his view a second elevator should be added Gaflron reviewed the proposed landscaping for this site, noting there is a 3 to 1 slope on three sides of the building. GafTron noted the fire marshal has reviewed the plan for emergency access and has not noted any major issues. Gaffron noted the building would have an intenor sprinkler system. Gaffron stated the proposed lighting for this site is minimal and that a lighting plan would be required at the final stage of approv'd. Gaffron noted no signage plan has been submitted. Gaffron noted this is essentially a replatting of Luts E and F, and that Staff is recommending conceptual approval. Gaffron stated the project would also result in a new Developer’s Agreement. Sansevere inquired whether each resident would get two parking stalls underneath. Zachman stated each resident would get one stall and they would have the ability to purchase another one. Sansevere inquired how many parking stalls would be located underneath. Gaffron indicated there currently are 82 stalls located underneath. Gaffron stated in order to reach 90 percent, they would have to add 19 stalls underneath. Moorsc inquired where the party room would be relocated. Heller stated the party room would probably be moved to the first floor near the patio. McMillan staled in her opinion two cars per unit should be planned for and that she would like the outside parking to be utilized more by guests and service vehicles. Zachman staled it appears they would only be able to increase the underground parking by 12 stalls. Murphy inquired whether all parking stalls would be assigned. Zachman indicated the underground parking would be assigned parking and that the outside parking: would be open. Murphy slated he is m agreement with McMillan and that each unit should be assigned two parking stalls. M»M)rsc inquired whether every unit would have a stall underground. PAGE 21 r MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, February 14,2005 7:00 o'clock p.m. (M05U3081 ZB Construction, Continued) Zachman stated each unit would be assigned one stall underground and that the person would have the option of purchasing an extra stall underground if available. Sansevere expressed a concern that |>eoplc would utilize the parking stalls at the dental building. Moorsc .suggested other condominium units be reviewed to see what their parking requirements are and that he would like to avoid the situation where a number of units arr only left with outside parking. Gaffron stated he has gotten some direction from the Council on what they would like to see in a development resolution but that a number of issues have been raised that need to be addressed by the applicant. Peterson inquired whether the proposed materials are similar to what has been used on their other projects. Zachman indicated they are proposing stone for this project. Murphy stated the parking remains a major issue for him. Zachman distributed materials illustrating some of his prior condominium projects and the type of workmanship that has gone into his buildings. Gaffron stated if there are changes in the type of windows, the plan would need to be brought back before the Council. Zachman stated what is depicted is what they will be u.sing Zachman indicated he would be able to sit down with Staff and discuss the parking issues. McMilan moved, Peterson seconded, to table Application #05-3081, ZB Construction, Inc., 26xx Kelley Parkway (Ontlot E, Stonebay) - RPUD - Development Plan Review. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy inquired whether the City has heard anything back on the draft purchase agreement for the land on Big Island. Moorsc indicated they have not. PAGE 22 KBLIC SERVICE DIRECTOR’S REPORT *9. APPROVE PURCHASE OF PUBLIC WORKS SI REET SWEEPER Murphy iiiuvrd. White seconded, to approve the purchase of Public Works Replacement 2005 Elgin Broom Bear Street Sweeper from Mac Queen Equipment, Inc., St. Paul, Minnesota, at a total cost of $164,900 to be funded as follows: $35,000 transhr from the Improvement and Equipment Outlay Fund 2004 Equipment Certificates with a budget adjustment to refieci this transfer: $1 29,900 from the year 2005 .Stormwater Fund Budget V (i |'E: Ayes 4, Nays 0. CITY ADMINLSTRATOR’S REPORT *10. APPOINT AUDITOR FOR FLSCAL YEAR 2004 Murphy moved, W'bite seconded, to approve the appointment of the audit firm of Malloy, Karnowski, Radosevich & C'ompany, P.A., to perform the required audits for the 2004 fiscal year records, including the implementation of OASB .Statement No. 34, at an estimated maximum cost of $30,900, excluding direct expenses. VOTE: Ayes 4, .Nays 0. *11. LONC LAKE FIRE STATION - APPLICATION AND CERTIFICATE FOR PA\ .MENT NO. 14 Murphy moved. White seconded, to approve partial payment in the amount of $21,1 15.00, related to Application for Payment No,. 14 from Rochon Corporation, to be funded from the Joint Fire Station Construction Account. \'OTE: Aves 4, .Navs 0 * 1 2. LON<; LAKE FIRE STATION - CHANGE ORDER NO. 8 Murphy moved. White seconded, to approve Long Lake Fire .Station Change Order No. 8 In the amount of $5,665. VOTE: Ayes 4, Nays 0. *13. NAVARRE FIREFIGHTER <;Ea K PI’RCIIASE .Murphy moved. White seconded, to approve the purchase of gear for the new Navarre Firefighters, in the amount of $.30,983, and to amend the General Fund budget to reflect the expenditure. >OTE: Ayes 4, Nays 0. *14. < RT W ANTE - RESOl.n ION NO. 5284 .Murphy moved, W'hite st-conded, to adopt RESOUTION NO. 5284, a Resolution Supporting Legislation regarding <'R'I’ (Cathode Ray Tube) Waste. VOTE: Ayes 4, Nays 0. PAGE 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. * 15. FORFEITED VEHICLES - AUTHORIZATION TO SELL Murphy moved. White aeconded, to approve the sale of the following forfeited vehicles: 1991 Chevrolet Berreta, 1995 Dodge Caravan, 1991 Mazda 626, and 1995 Jeep Wrangler. VOTE: Ayes 4, Nays 0. *16. ON-SITE SEPTIC MANAGER - POSITION REVISION A.ND RECLAS.SIFICATION Murphy moved. White seconded, to approve the revisions to the Septic .Manager position duties and responsibilities, and to approve a reclassification of the position from step I to step 2 of the pav schedule. VOTE: Ayes 4, Nays 0. *17. AMEND 2005 OFFICIAL MEETING SCHEDULE Murphy moved. White seconded, to amend the 2005 Official Meeting Schedule by changing the Park Commission meeting time to 7:00 p.m., and adding the Local Board of Appeal and Equalization, which is scheduled for April 20, 2005. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Barrett indicated he has nothing to report. *18. LICENSES RESIDENTIAL KENNEL LICENSE 1.Bob Sansevere 745 Orchard Park Road 2. Gayle Talbot 80 Luce Line Ridge SPECIAL EVENT 3.John Terrance Homes, Jeremy Jordet 2005 Spring Preview Parade of Homes Stonebay - 2462 Sandstone Lane and 659 Sandstone Circle February 12 - March 20,2005, Mondays through Sundays 12:00 p.m. noon - 6 p.m. .Murphy moved. White seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. PAGE 24 MiaiaiHiaiMiMimil MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Febraary 14,2005 7:00 o'clock p.m. *19 BILLS Marphy moved. White seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Sansevere moved, Murphy seconded, to adjourn the Orono City Council Meeting of February 14,2005, at 10:54 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 25 RKQUKST POR COUNC:il. ACTION COIIM^II »<CCT!Mn FED '<1 a 2005 DA TK: 11 KM NO.: ^ Dcpsirlmeiit Approval: Adiiiiiiistrnlor Reviewed: Name MikeCiurPron ^ 'I’lllc IMaiuling Director Agenda Section: Zoning* Itrm Drsrripfioti://2587 Kicliard Rudd & Kris Rudd, 4575 Wayziita Boulevard I'iiial Road Plat Approval /iitiitii*:RR-l A. One Family Rural Residential, 5 Acre Miniimim lot size List of Kxliibits: A - Resolution B - I'inal Road Plat Drawing C - liascinent Drawing D - Draft (not final) Joint Agreement, On>no & Medina B - Memo and lixhibiLs of March 18, 2004: A Resolution to Amend Resolution No. 4479 B I.etler of requcM C Preliminary Plat Resolution No. 4479 D nxtension resolution No. 4905 li Stall' Report and Fxhibits of 6/5/00 ; Background: i litjiway 12 Access Revisions. Townlinc Road was cliKsal at Highway 12 in conjunction with tlic proposed future intersection ehange.s and signal planncil for tlie I ligjiway 12/Townline Road intersection. As part of this project several access points to Highway 12 ar- being eliminated or changed. One access to be eliminated is the private driveway from Highway 12 over tlie railroad tracks cast orfownlinc Road iluit serves lour Orono residences .south of the tracks. Replacement ACCC.S.S. A new public mail will be built by Vlalina, liKUted souih of the tracks ;md extending eastward Ironi I ownline Road, to seivcan approved 20-lot plat just north of the Orono-.Vledina Inirder. This mad will lie extended southeastward through the Rudd’s property, ending in i cul-de-sac to .seive the 4 Orono lesidents. MiiDO Twill be funding the gravel b.ise portion of the road. To receive Mnl H)T funding for the fmntagc road, Medina needed an exact location ofthe mad .ind had to submit a i equest by .Septemirer, 2()()(). Thei efoie, the road was required to lie platted in Medina and Orono. This is a i oad plat only, and does not involve platting of tT.e remainder of the Rudd property. PieliniinaryPlai A|>pioval Sl HITeclive Perioij li.xlensions. The Rudd’s preliminaiy road plat approval for the road segment in Orono was granted by the ()rono (’ouncil m June 20(K). I lowever, the Rudd’s did not proceed with the final subdivision at that time. In Resolution /«’4479. condition 4, tiie one year icquiremenl for final plat approval was waived, extendingthc initial final plat deadline to December 3 1, 2003, This date wa.s ba.sed on MiiDO T’s intent to let the pioject in the fall of 2(K)2. and eonstrnction #2785 Road Plal February 24,2005 Page 2 would be in 2003. The MnDOT timetable then changed to letting the project in the fall of 2003, with construction in 2004. Becauscofthis the effective period of preliminary plat approval was extended via City of Orono Resolution No. 4905 in December 2002. Due to additional changes in MnDOT’s scheduling and funding, the project is now scheduled to be let by June 30,2005 and the road constructed by June 30,2006. Last March the applicants rei]ucstcd and were granted (via Resolution No. 5134) a further extension ofthe effective period ofprcliininaiy plat approval to July 31,2006 to match the updated schedule. I*"inal Plat Approval . The final plat drawings and the required drainage easement over the Rudd property have been submitted (Exhibits B and C). A draft Joint Agreement between Orono and Medina regarding maintenance of the new road has been drafted; Ron Moorsc and Medina City Administrator Chad Adams have been working on revisions to thedraft to include provisions for future maintenance and repair of Townline Road. Ron will be able to give you an update on this on Monday. Constmetion of Improvements. Since the preliminary plat was approved, it has been conclivicd that the City of Medina will be responsible for construction of the road and related improvements. Therefore, the requirements for the subdivider to provide Orono with a Developers Agreement and letter of credit will be replaced with the Agreement between Orono and Medina. Staff Recommendation The applicants have provided the necessary infonnation for final Council approval of this road plat. Staff recommends adoption of the attached Re.solution. llicplal will not be relea.sed for filing until tlie Joint Agreement has been finalized. COUNCIL ACTION REQUESTED To adopt or amend the attached resolution granting approval for CITY OF ORONO RlGH'i'OF WAY PLAT NO. 1. t »r A RESOLUTION APPROVING CITY OF ORONO RIGHT-OF-WAY PLAT NO. 1 FII.E NO. 2587 WHEREAS, tlieCityofOrono is a municipal corporation organized and existing under the laws of the Slate of Minnesota; and WHEREAS, the City Council of the City ofOrono (hereinafter “City Council ”) has adopted sulxlivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Kris Rudd (hereinafter tlie "subdivider") on behalfofRichardR. Rudd, filed an application with the City ofOrono (hereinafter "the City") requesting preliminary platting of a section of public road eascmeiit located on property at 4575 Way/ata Boulevard. Tlie property is legallydcscribcd as follows: The West Halfof the West Halfofthe Northeast Quarter of the Southwest Quarter and the east 148.50 feet of the Northwest Quarter of the Southwest Quarter all in Section 30, Township 118, Range 23, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, preliminary road plat approval was granted by the City Council on June 12, 2000 and documented per the findings and conditions of City Council Resolution No. 4479; and WHEREAS, the clfeetive period of preliminary plat approval was extended via Resolutions No. 4905 and 5134; and WHEREAS, the City Engineer has approved the road plans and the grading, drainage aiul erosion control plans; and WHEREAS, the subdividers have completed or have agreed to complete all platting requirements of the City ofOrono and have requested final road plat apjiroval. Page I of3 « NOW, THEREFORE, BE IT RESOl.VED, (hat based on the findings of Resolution No. 4479 the City Council oftheCityofOrono hereby approve.s the plat ofCITY OF ORONO RIGHT OF WAY PLAT NO. 1, subject to the following conditions: 1. The stonn water retention pond shall be developed to NURP standards and be protected by granting of a drainage and utility easement to ensure the area will not be developed, and drainageways are protected. 2. The road shall be dedicated as a public road and developed to standards established by the City of Medina, subject to a Joint Agreement to be executed between the cities of Orono and Medina with regards to construction and maintenance of the road. Road construction can begin as soon as the Agreemetit between Orono and Medina has been executed, and the final plat has been recorded with Hennepin County. Adoptet! by the City Council of tiie City of Orono, Minnesota at a regular meeting held this 28lh day of February, 2005. AITEST: Linda S. Vee, City Clerk Barbara A Peterson, Mayor Pa^c 2 of3 park r^try/>C ACRSS * * * CITY OF ORONO RIGHT OF WAY PLAT NO. 1 • f . • • A C.R DOC. NO. M Aw K r/i 11^ K r/r •/IM «£ t/4fmtxm t/4mfS0a JO ■IT Ml i: /« MUS It A JJ <» I* :SQ£1 jggHOJSUL I4tl0 f s SPRUCE vwy mmntt Mit* Xti // / M / /•■> f - y H i </j L-J I J :i f: L.. \\\ Vm\ >4 \ L._c:) f N ♦- \ ^1. *!r. ^\ s«r4r44*i Ii« 72 •* Ik. . — — — — ^ \ ./ V !*••/»« f/l XML t/4 f $9$. J0 tt§§mir M/.ff / / S W !*• IT t/9 of m \/1 nt — > (IW Mf. !/4 mt th* xm 1/4 90 Ja M0f7r/tt JMIi Xttf *1 rmt "~r!,"jsr'" -«.«».«. ^Cf lain parmonani easements far drainage and ullllly purposes and right af way tar a pubtte rood oosomoni fdontifiod --------------------------------------------------------------------------------------- affect the Mtowing described property: The West Half of the Whst Half of the Northeast Quarter of the Southwest Quarter and the east f4S.50 feet af the isorthwest Quarter of the Southwest Quarter all in Section JO. Township 116s Ronge 2X Hennepin County. Minnesota. I hereby certify that this plat was prepared by me and under my direct euperdsian l>'‘'tc» plal dfstanees are horliantal ground distances m feet and hundredths of a foot, and that / om o Licensed Land Sur\/eyor under the iows of the State of Minnesota. Pout e. Otto. LS. Minnesota License Number 40062 Dote This plot was approved and accepted by the City Council af Oranih Ukmesoto. at a meeting held this__________day of---------------------------------------------- ^0---------. Mayor Oerh I hereby certify that Ih.s instrument was filed in the office of the County Recorder on this--------- day Of__________________________________------------------------------------------------ --------------------- Michael H. Cunntff. 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JO, !. ns. H. 2.1. Ilriuu'pin ('onnly, Minnesota l/r.|»irsfril My Dave Kearin & Kris Rudd iKila / l/JO/04 Piuwn tly D.N.A !n ola. /" dt;' CKiai kptf fV' I haicbv iaOi?v Uiol Ihn »urvey. piun. Of rp»Ht *0ii% pirjMiiatf by fiia or uiuJar my ifoacl aupaivition ond Ihnt I urn u d.ity I icaiiaad I rwid Suivayiff umJff lha lo»i of lha ‘jlola 4»f Mionauota.lota 40 Mioomioia. ■A/2af ■m,,si*mil I tWoi Ikanaa I 44>Od.’ IVe5 Siftf: Mrww. ofto«ss4x:f Jlrs.com 1 “ A I T T / \ 9 l¥rjf Dldiiion SI. V Mi y I I V 8iifljki.MM55JU XlIj^ ^ \ PH:(7S3}6B2^727 7^ \ ^WCIATES riiJi;(7M)W2-J522 i/igMor/s Slid UfHf SunroforSa fnc« Ravitaii /^'tf^Att flAl 4 tfauc / cttoa Job No. J -04.. oj.?8ryA C-’Z Box 198 Kemiedy & Graven, Chartered Abstract EASEMENTS THIS INSTRUMENT is made by Richard R. Rudd and Kathleen M. Rudd, husband and wife. Grantors, in favor of the City of Medina, a Minnesota municipal corporation, and the City of Orono, a Minnesota municipal corporation. Grantees. Recitals A. Grantors arc the fee owners of tlie property in Hennepin County, Minnesota legally described as follows (the “Property”): The West Half of the West Half of the Northeast Quarter of the Southwest Quarter and the east 148.50 feet of the Northwest Quarter of the Southwest Quarter all in Section 30, Township 118, Range 23, Hennepin County, Minnesota. B. Grantors desire to grant to the Grantees easements, according to the tenns and conditions contained herein. Terms of Easements 1. Grant of Eiisements. For good and valuable eunsidcration, receipt of wliich is acknowledged by Grantors, Grantors grant and convey to the Grantees the following easements: A peipetual, non-cxclusive easement for drainage purposes over, under, across and through the portion of the Property described on E.xhibit A attached hereto. A periJctual easement for right-of-way purposes over, under, across and through that part of the Property described as Spruce Way on City of Orono Right-of-Way Plat No. 1, Kllli 2V>VI8v] MIi2J0-3l2 2. Scope of Easements. The perpetual drainage easement granted herein includes the right of the Grantees, their contractors, agents, and employees to etiter the easement area at all reasonable times for the purpose of locating, constnicting, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area the drainage facilities and improvements. The per|)etual street easement granted herein includes the right of the Grantees, their contractors, agents, and employees to enter the premises at all reasonable times for the puqiosc of locating, constructing, reconstructing, opetating, maintaining, inspecting, altering and repairing within the described easement area a public roadway and sidewalk, or other public facilities or improvements of any type that are not inconsistent with a public right-of-way use. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as m the Grantee's Judgment unreasonably interfere with the easement or facilities of the Grantees, their successors or assigns. 3. Warranty of Title. The Grantors warrant they are the fee owners of the Property and have the right, title and capacity to convey to the Grantees the easements herein. 4. Environmental Matters. Tlie Grantees shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Bindimt Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their heirs, successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of . 2005. Richard R. Rudd Kathleen M. Rudd R1IU-256S08V3 MUJU.3I2 L STATE OF MINNESOTA COUNTY OF ) )SS, ) The foregoing instrument was aeknowledged before me tliis day of 2005, by Riehard R. Rudd and Kathleen M. Rudd, husband and wife. Grantors, Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 200 South Sixth Street 470 U.S. Bank Pla/,a Minneapolis, MN S5402 lUm 2VV.VMvJ J EXHIBIT A An casement for drainage purposes over, under, and across dial part of the Southwest Quarter of Section 30, Township 118, Range 23, Hennepin County, Minnesota, described as follows: Coniinencing at the Northeast comer of the recorded plat of City of Orono Right- of-Way Plat No. 1; thence on an assumed bearing of South 01 degree 50 minutes 21 seconds West along the East line of said City of Orono Right-of-Way Plat No. I, a distance of 52.82 feet to the point of beginning; thence North 88 degrees 09 minutes 39 seconds West along the Soutli line of said City of Orono Right-of- Way Plat No. 1, a distance of 5.60 feet; thence 130.23 feet Southwesterly along the South line of said City of Orono Right-of-Way Plat No. I, being a non- tangential curve, concave to the North having a radius of 50.00 feet, a central angle ol 149 degrees, 14 minutes 04 seconds, a chord bearing of North 76 degrees 26 minutes 24 seconds East, and a cliord distance of 96.42 feet; thence 27.08 feet Northwesterly along the South line of said City of Orono Right-of-Way Plat No. 1, being a reverse curve, concave to the South having a radius of 25.00 feet and a central angle of 62 degrees 03 minutes 11 seconds; thence South 89 degrees 00 minutes 15 seconds West tangent to said curve, and along the South line of said City of Orono Right-of-Way Plat No 1, a di.stance of 118.40 feet; thence South 13 degrees 24 minutes 05 seconds West, a distance of 60.36 feet; thence South 12 degrees 26 minutes 03 seconds East, a distance of 34.03 feet; thence South 60 degrees 41 minutes 47 seconds East, a distance of 47.18 feet; thence South 72 degrees 45 minutes 03 seconds East, a distance of 25.60 feet; thence South 34 degrees 21 minutes 48 seconds East, a distance of 55.25 feet; thence South 32 degrees 58 minutes 48 seconds West, a distance of 83.21 feet; thence South 57 degrees 45 minutes 29 seconds West, a distance of 76.33 feet; thence South 01 degree 01 minute 59 seconds We.st, a distance of 85.36 feet; thence South 18 degrees 13 minutes 45scconds East, a distance of 124.89 feet; South 00 degrees 05 minutes 21 seconds East, a distance of 49.10 feet; thence South 44 degrees 44 minutes 25 seconds East a distance of 113.77 feel; thence South 50 degrees 41 minutes 12 .seconds We.st, a distance of 73.06 feet; thence North 70 degrees 21 minutes 31 seconds West, a distance of 105.04 feet; thence South 88 degrees 32 minutes 30 seconds West, a distance of 61.19 feet to the West line of the We.st Half of the West Halt ol the Northeast Quarter of said Southwest Quarter; thence South 78 dcgrce.s 25 minutes 12 seconds West, a distance of 89.61 feel; thence South 28 degrees 26 minutes 23 seconds West, a distance of 134.78 feet to the West line of the East 148.50 feet of the Northwest Quarter of said Southwest Quarter; thence South 01 degree 25 minutes 01 .second West along said West line a distance of 500.45 feet to the South line of the Northwest Quarter of said Southwest Quarter; thence North 89 degrees 27 minutes 21 seconds East along said South line a distance of 147.29 feet to the Southeast corner of the Northwest Quarter of said Southwest Quarter; thence continue North 89 degrees 27 miniiles 21 .seconds East along the South line of the West Half of the West Half of the Northeast Quarter of said Southwest Quarter, a distance of 335.22 feel to the Southeast corner of said West Half of the West Half of the Northeast Quarter of the Southwest Quarter; thence North 01 degree 50 minutes 21 seconds liasl along the East line of said West Half of the West Half of the Northea.st IUIM-?5<>MIHv3 L r Quarter of the Southwest Quarter, a distance of 673.20 feet; thence South 87 degrees 42 minutes 44 seconds West, a distance of 118.22 feet; thence North 44 degrees 44 minutes 25 seconds West, a distance of 95.21 feet; thence North 00 degrees 49 minutes 16 seconds West, a distance of 45.69 feet; thence North 18 degrees 19 minutes 15 seconds West, a distance of 122.26 feet; thence North 01 degree 01 minute 59 seconds East, a distance of 73.69 feet; thence North 58 degrees 20 minutes 20 seconds East, a distance of 71.24 feet; thence North 32 degrees 46 minutes 27 seconds East, a distance of 99.47 feet; thence North 51 degrees 00 minutes 06 seconds East, a distance of 70.25 feet; thence North 55 degrees 58 minutes 21 seconds East, a distance of 25.16 feet; thence North 32 degrees 22 minutes 44 seconds East, a distance of 90.74 feet to the East line of said West Half of the West Half of the Northeast Quarter of the Southwest Quarter; thence North 01 degree 50 minutes 21 seconds East along said Rust line, a distance of43.82 feet to the point of beginning. I: MI2JO-JI2 t '4 vtt&TUS4j'Wir . JOINT AND COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND THE CITY OFORONO D THIS AGREEMENT, is made a>id ciilcrcd into as of t!ic___day of 2005 by and between the city of Medina, a Minnesota municipal corjioration (“Medina"), and tlic city ofOrono, a Minnesota municipal coqjoration (“Orono"). RECITALS 1. This Agreement is made pursuant to Minnesota Statutes, section 471.59. Medina and Orono arc each authorized by law to carry out numerous governmental functions within their re.spcctive corporate limits, including the constmetion, operation and maintenance of public streets and roadways, sanitary sewer facilities and municipal water utilities. The purpose of this Agreement is to provide for the construction of certain public improvements in relation to the development of land located in Medina and abutting Orono. 2. Meditia and Orono share a common border along the southern coqmrate limits of Medina and the northern corporate limits of Orono. That portion of tlic common border subject to this Agreement is located southwest of U.S. Highway 12. 3. Medina anticipates that residential development will occur along the common border with Orono in the area of Medina which has been platted as “Park Ridge Acres" (the “Development”). 4. The Development will necessitate the constmetion of certain public improvements, including roadways, sanitary sewer facilities and municipal facilities, (collectively, the “Lccal Improvements”.) Medina intends to construct the Local Improvements to serve the Development and will require that the developer reimburse all or a portion of the cost thereof. 5. It is contemplated that the Local Improvements serving the Development will include a street right-of-way platted as "Spruce Way.” It is necessary and convenient for a portion of Spruce Way and associated sewer and water utilities to be located in Spruce Way to be extended onto land lying within the coqiorate limits ofOrono as shown in F.,\hibit A (the “Property"). 6. It is contemplated that Orono will accomnuHlate the extension of Spmee Way and Uic sewer and water utilities to be located in Spruce Way by filing a road right-of-way plat memorializing a right-of-way over the Property. 7. Medina and Orono intend that the Local Improvements will be constructed in a manner that is in the mutual interests of both communities. The need to constnict the Local lUV 259460VI Ml 210 .112 •V i Improvements as contemplated herein is priimrily the result of the Development and certain planned improvements to U.S. Highway 12. Medina and Orono anticipate tliat, due to the closure of an existing access onto U.S. Highway 12, several residences in Orono will access Spruce Way via private driveways for ingress and egress puiposes. NOW THEREFORE, in consideration of the mutual covenants hcrcinafler contained, the parties hereto do stipulate and agree as follows: I. LOCAMIVIPROVEIViENTS 1.1 Plans and Specifications. Upon the execution of this Agreement, Medina will pmceed with the preparation of plans and specifications for construction of the IxKal Improvements including all necessary design and engineering work. The plans shall include all utility lines that will be constmeted within the rights-of-way in Medina and Orono to be established pursuant to tliis Agreement. Upon completion, a copy of such plans and specifications will be provided to Orono. 1.2 Road Right-of-Wav Plat. Upon execution of tliis Agreement, Orono will promptly proceed with filing of a road right-of-way plat over the Property for the purposes contemplated by this Agreement. Upon completion of such right-of-way platting process, Orono will provide a filed copy of the plat to Medina. Medina may award a contract for construction of tlic Local hnprovements after receipt of a filed copy of the road right-of-way plat. 1.3 Constmetion, Warranty and Insurance. Any contract for con.stniction of the Local Improvements over the Property must contain a standard warranty of work that runs to Orono, and must also contain insurance coverages running in favor of Orono in the amount nomially required by Orono on similar projects. Medina will coordinate witli Orono and residents of properties located in Orono to keep them infomied and updated on construction activities. 1.4 Project Costs and Pennits. Except with regard to the Orono right-of-way plat, Medina shall be responsible for 100% of the cost of constructing the Local Improvements including the cost of all permits from applicable state agencies. Orono shall cooperate, as necessary, in any applications. 1.5 Inspections. Medina will be responsible for the construction management of the Local Improvements, including necessary Inspections. Medina shall provide Orono with a construction timetable at the beginning of the project and any revisions to the schedule. Orono may inspect the project at any time. 1.6 Acceptance Upon Completion. Upon completion of the Local Improvements in accordance with the plans and specifications, Medina shall deliver to Orono a com|)lel, set of final record plans. Orono shall accept that portion of Spruce Way lying on the Property within its corporate limits. Such acceptance shall constitute a full release and satisfaction of Medina’s obligations under this Agreement but Medina shall retain ownership of the Local Improvcmcrrts located on tlic Property regardless of their exterrsion irrto Orono.p RJV259469vI Ml 230 312 r 1.7 Repair and Improvement . Medina and Orono have historically co-operated with one another on an infomial basis regarding maintenance of public improvements near their respective corporate limits and expect to do the same regarding the Local Improvements. At such time as it may become necessary to repair or improve the Local Improvements, it may be necessary or desirable to assess benefitted properties for the cost of some or all ol such repairs or improvements. Medina and Orono agree to co-operate with one another in formulating and implementing any plan for such repairs or improvements, including levying special assessments against benefited properties within both eities on an equitable basis. II. RIGHT OF ENTRY 2.1 Riaht of Entry . Orono hereby grants to Medina, its agents, employees, contractors and invitees the right to enter upon the Properly for the puqrose of making surveys, inspections, investigations, soil borings, drilling, and testing relative to con.struclion of the Local hnprovements, and for construction of the Local Improvements on poilions of the Property. 2.2 Consideration. In consideration for the right of entry, Medina agrees to: (a) Notify Orono of the date and time that work on the Property by Medina will conunence under this Agreement, which notice shall be at least tliree days prior to doing any work on the Property; (b) Provide a copy of all test results, surveys and reports prepared by their employees or consultants evaluating the conditions present on the Property to Orono as soon as reasonably possible following final completion thereof; (c) Do the work in a period of time no longer than is reasonably necessary to complete such activities authoiized under this Agreement; (d) Use the Property only for the purposes described herein and not park or store any equipment on the Property, except during the limited periods of time when the work on the Property which is contemplated by this Agreement is actually in progress; Do no unnecessary damage to the Property; (0 Hold Orono harmless from and indemnify it from any and all claims, damages, judgments or obligations, inehiding the cost of defense of suit, arising out of damage to Property or arising out of injury to anyone incurred or alleged to have been incurred in connection wiili or as a result of any work done pursuant to this Agreement, or as a result of Medina’s i.itenlional torts or negligence. Notwithstanding the foregoing, Medina shali not be responsible for the submission or application for further investigation or feasibility analysis of the jJioper methods of removal, treatment or disp«)sal of any pollutants, contaminants or ha/.ardous substances present on the Property, or for the removal, trcalmciU or di.spo.sal of any pollutants, contaminants or ha/urdous substances present on the Property, it being the sole responsibility of Orono or the underlying property owner to pcrfomi these tasks if ier|uired; KIV Ml 2.W) lU 1 (g) Medina or its agents, employees, contractors or invitees which enter the Property pursuant to this Agreement shall carry insurance during the time any work is done on the Property in accordance with the limits provided by statute and/or in accordance with standard LMCIT coverages. III. IVIISCKU.ANEOUS. 3.1 Governing I .aw. This Agreement shall be interpreted in accordance with the laws of Minnesota. 3.2 Notices and Demands. Alt notices, demands or other communications under this Agreement shall be efTlcctive only if made in writing and shall be sulTiciently given and deemed given when delivered personally or mailed by certified mail, return receipt requested, postage prepaid, properly addressed as follows: If to Medina:Chad Adams, City Administiator 2052 County Road 24 Medina, Minnesota 55340-9790 With a copy to:Ronal- H. Batty Kennedy & Graven, Chartered 470 US Bank Pla/a 200 South Sixth Street Minneapolis, Minnesota 55402 If to Orono:Ronald Moorsc, City Administrator PO Box 66 Orono, Minnesota 55323-0066 With Copy to:Tom Barrett City Attorney 222 South 9'" Street Suite 3100 Mimicapolis, Minnesota 55402-3389 or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section 3.2. 3.3 liulcnuiificatipn. Medina agrees to indemnify, defeiul and save harmless Orono, its ollicers agenV. i' ul employees from any claims or causes of action, of whatever nature, occasioned by or arising out of Medina’s activities under this Agreement, including without limitation, construction of tlie l ocal Improvements in Orono. Orono :igrees to iiidcinnify, defend and save harmless Medina, its oHlccrs agents and employees from any claim or ca'isc of action, of whatever nature occasioned by or arising out of Orono’s activities under this Agreement including, without limitation, filing of a road right-of-way plat Such undertakings shall not extend to acts that are the KJV 2VJ4fi'M MUJO-312 I k result of the intentional or negligent conduct of the other party, nor shall such undertakings be deemed to waive any limitation of liability available to either party. 3.4 Amendment. This Agreement may be amended by the parties hereto only by written instrument executed witli the same procedures and formality as were followed in the execution of this Agreement. IN WITNESS WHEREOF, and pursuant to authorization of their respective city councils, tlie cities of Medina and Orono have entered into this Agreement as of the day and year first above written. CITY OF MEDINA CITY OF ORONO Mayor Mayor City Administrator City Administrator RJV:59469 vI Ml 2JU-3I2 nxhibil A [lo be aitacheil prior lo execution] KJVJVMf.Vvl ML2M JI2 REQUEST FOR COUNCIL ACTION DATE: Marcli 18, 2004 ITEM NO.: Department Approval: . Name Mike GafTroii Administrator Reviewed:Agenda Section: Zoning I'illc Planning Dirccloi Kciii Dc^iri|iCifjii:«2587 Richard Rudd &. Kris Rudd, 4575 Way/.ala Boulevard Frclimiuary Road Flat - Extend ElTcctivc Date of Preliminary Flat A;>provaI Zonlnc:RR-I A, One Family Rural Residential, 5 Acre Minimum lot si/e List of Exhibits: A Resolution to Amend Resolution No. 4479 Letter of request Frcliminary Flat Resolution No. 4479 Extension resolution No. 4905 Staff Report and Exhibits of 6/5/00 B C D E Background: Townline Road was closed at I lighway 1 2 in conjunction with the proposed inteisection chai iges and signal planned for the I lighway 1 2/'fownline Road intersections. As part of 'his project several access points to H ighway 1 2 wi 11 be eliminated or changed. To be eliminated is the acce.ss on 12 east ofTownlme Road that serves lour Orono residences. This frontage road will be built from Townline Road to the e;ist to serve the.se residents. MnDOT will fund the gravel base portion of 'he road. This road will go tlirough the Rudd’s property. To receive MnDOT funding for the frontage r ,ad, Medina needed an exae* location of the road and had to submit a request by September, 2000. The Rudd’s preliminary subdivision approval was granted by Orono in June 2000. However, tbeydid not pnrceed with the final siilxli vision at that time. In Resolution //4479, condition 4, the one year requirement for tinal plat iipproval was waived, extending the initial final plat de;idline to DcTember .1 1 ,2(K)3. Tliis date was based on MnDO f’s intent to let the project in the fall of 2002, and construction would be in 2003. ■fbe MnDOT timetable then changed to letting the project in the fall of 2003, w ith construction in 2004. Becau.se of this the cnective|)eri(xl ofprelnninaiyplat appioval was extended via CityofOrono Re.solulion No. 49t)5 in December 2002. Due to additional changes in MnDO'f’s.scheduling and fnnding, the project is now scheduled to be let by .1 line 30,2005 and the road constructed by June 30,2006. fhe applicants are requesting that the elTecti ve perioil of preliminary plat approval be fnrtber ex teiuleil to July 31 ,2006 to match the updated schedule. Staff has no problem with this extension. ('OI)N(’II, ACTION REQUES I EI) To adopt orameiul the attached resolution, extending the clTcctivc period of final plat approval to July 31 2006. A RESOLUTION GRANTING AMENDMENT NO. 2 TO RESOLUTION NO. 4479 FILE NO. 2587 WHEREAS, on June 12, 2000, the City Council of the City of Orono (the “City") adopted Resolution No. 4479 grunting preliminary approval for platting of a section of public road easement located at 4S7S Wayzata Boulevard approval; and WHEREAS, Resolution No. 4479 required tliat Richard Rudd and Shane Rudd (the ‘Applicants") oubniit the final plat for approval no later than December 3 1 ,2003; and WHEREAS, the Minnesota Department of Transportation (“MiiDOT”) has delayed cotislruction of an access road which will serve the Rudd ’s property; and WHEREAS, the Applicants requested and were granted an extension of the effective period of preliminary plat approval to December 31,2004; and WHEREAS, the Applicants have rcque.stcd an additional extension of the effective period of preliminary plat approval to July 3 1 ,2006 as a residt of MnDOT ’s further post|)oncmcnt of the road project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: I. The effective period of preliminary plat approval is hereby cMended to July 31, 2006;and 2. All other tenns and conditions of Rc.solution //4479 are hereby realTu nied. Ailopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of March, 2004. A'niiST: Linda S. Vcc, City Clerk Barbai \. I’eter.son, Mayor Rage 1 of 2 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on tliis 22nd day of March, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said iiistrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 U4./ 4. I / U.i« 4.*V 4.** I s^ya%J I 4.I i-nw t • r«vt%-» *i#A Febnury 26,2004 ChyofOrono PO Box 66 Cfygtal Bay, MN 5S323-4 Fax; (952) 249-4616 Atta: Zoniitg Adininiitrator RE: Fte No. 2Sa7-Extcaaioa of PrcUniinafy Flat DaadUae To Wlioin It May Concern; forK£No*«87*(RSl,!!^^ j 1^ 2UU4 to July 31,2006. .U_•**!'*! to City of Medina for this project, provided uattne project be let by June 30,2005 and the road constructed by June 30,2006 On Fcbn^ 17, 2004, Medina City Council voted to accept MNDot's fiiodiiix rad extend thetf final plat application deadline to July 2006. PlesMf advise as to the next step in aoconplishinig this change. Thank you in advance for your assistance. E Long Lake, MN 5S3S6 (952) 473-2488/(612) 270-9749 / I o* om CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _AA T. 9____ A RESOLU1 ION APPROVING PRELIMINARY ROAD PLAT FOR PROPERTY LOCATED AT 4575 WAYZAl A DOULEVARD PID30118-25 31 0004 FILE NO. 2587 WHEREAS, Kri.s Rudd (hcrciiuftc'llic "subdividcr")on bchalfofRichard R. Rudd, filed an application with the City of Orono (hereinafter tlie C'ity") requesting preliminary platting of a section of public load casement located on property at 4575 Wayzata Boulevard, llie property is legally described as follows: The West Half of the Wc.st Half of the Northeast Qu.uler of the Southwest Quarter and the cast 148.50 feet of the Northwest Quarter of the Southwest Quarter all in Section 30, Township 118, Range 2.1, Hennepin County, Minnesota. (h .rcinaftcr "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 164 ct. scq. and the City of Orono o Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 1 5,2000, at which time all persons desiring to be heru'd concerning this application were given the opportunity to speak tlicreon; and WHEREAS, at their regular meeting held on June 12,2000 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact; FINDINGS 1. I he property is located within the RR-1 A Single Family Rural Residential Zoning District requiring a minimum lot size of five acres diy buildablc land. 2. Ihe propeity contains less than 10 acres of dry buildable laiul and 473,11 feet lot width. Pave 1 of 6 %CITY of ORONO ['i RESOLUTION OF THE CITY COUNCIL NO. 4 4 7 9 3. 4. 5. 6. 7. 8. 9. 10. Subdivision of property in the RR-1A zoning district requires a minimum of 5 acres of dry buildable land and 300 feet of width along a public road. Subdivision of the property is not permitted based on the lot area and lot width requirements for the zoning district. Platting of the road would result in tlie lot remaining conforming for lot area and lot width. Orono, Medina, Mn/DOT, representatives of the Burlington Northern Railroad and adjacent property owners have been discussing providing access to several properties in Orono that currently have direct access to Highway 12 over the Burlington Northern railroad tracks. Access to the properties has been in place for many years and continued by a licence agreement between the railroad and the properties. The railroad has indicated that their long range goal is to eliminate this crossing for safety reasons. The road layout indicates a road that will serve a proposed subdivision to the north in Medina and provide access to the potentially landlocked properties in Orono. The Medina property is zoned for single family residential use at a 30,000 s.f minimum lot size. The properties in Medina would be served with sewer and water which is available in Townline Road. No utilities will be extended to properties in Orono as the Comprehensive Plan has guided the properties for rural residential services. The properties in Orono are not within the Metropolitan Urban Services Area (MUSA), and therefore are not allowed to be provided with sanitary sewer s.*rvice. The proposed storm water management plan will include construction of a pond on the 4575 Wayzata Boulevard lot. A MCWD permit will be required for the grading, storm water management and erosion control on the site, including the future lots in Medina. It is the intent of the subdivider to not file an application for a final plat approval in Medina and/or Orono until 2003 due to funding availability from Mn/DOT. Most of the proposed road is in Medina; tliercfore, it is appropriate to plat and develop the right-of-way to standards in Medina to maintain consistency. Medina Page 2 of 6 k CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -----4-44L9----- will require a 60' right-of-way which is shown on the preliminary plan. T he road width and size ol cul-de-sac will also be developed to standards set by the City of Medina. The rul-de-.sac shall be a minimum paved width of 80' and a minimum right-of-way width of 100'. 11. Owners of property located at 4545 and 4301 Wa^ .ata Boulevard require private easements to provide access from the road to the properties. They would access the proposed cul-de-sac via a private casement over the 4555 Way/ata Boulevard property. Access to the 4301 Wayzata Boulevard lot would require a legal easement over the property located at 4545 Wayzata Boulevard. NOW, TIIEKEFORJ!:, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary road plat application for Kris Rudd per the preliminary plat drawings by Ot;o Associates Engineers and Land Surveyors, Inc., attached to this resolution as Exhibit A, subject to tire following conditions: 1. 2. 3. 4. Ti.e storm water retention pond shall be developed to NURP standards and be protected by gi anting of a drainage and utility easement to ensure the area will not be developed, and drainageways arc protected. "file road shall be dedicated as a public road and developed to standards established by the City of Medina, subject to a Developers Agieciiient to be executed between the City mul the developer. Road construction can begin as soon as the engineering plans for the road as well PS stormwater management plans have been approved by the City, the Developers Agreement has been executed, and the final plat h:is been recorded with Hennepin County. Subdividcr is hereby advised that the Ci:y will no* grant final plat approval until the MCWD has approved all grading and drainage improvements on the property. The Council recognizes the applicants may not proceed with a final plat application in Medina until 2003. Therefore the Council agrees to waive the one year requirement for final approval, and agrees to extend the final plat application deadline to IVceml^r^l. 2003. Should the subdividcr fail to complete the filing of •he final plat application within the deadline, it shall be nccessaiy' for the subdividcr to flic a new preliminary application with the City. Page 3 of 6 CITYof ORONO - ^ RESOLUTION OF THE CITY COUNCIL NO. 4 4 7 9 5.Prior to Final Plat approval, a final grading, drainage and erosion control plan shall be approved by the City Engineer. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two ^2) mylar copies (one copy for the City’s records and me for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: a.Road platted per preliminary survey by Otto Associates Engineers and Land Surveyors, Inc. b. Dedication of drainage and utility easement over the area of the NURP pond. c.The naming of plat and publif* road. Legal documents required: a.Title information addressed to the City, acceptable to the City Attorney, indicating ownership of the property. All owners, mortgage holders or others with property intere.st indicated therein shall sign the plat and all other documents affected by such interest. b.Signed and executed Developer ’s Agreement and letter of credit for approved site improvements, land.scaping and construction of private road (Outlot A), stonnwater and drainage facilities, etc. c.Signed and executed Drain.ige Easements to be taken over drainageway and detention areas within plat. Page 4 of 6 r. I CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 d 7 9 Fees to be paid: Total due: $400.00* Final plat fee = $200.00a. b. IvCgal review and filing fees for subdivision and associated documents = $200.0C Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of June, 2000. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of June, 2000, by Gabriel Jabbour 8l Linda S. Vee, Mayor & City Clerk of tlic City of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City. MARY ANN JOHNSON notary public • MWNTSOTA jj, ^ Commhjior Lipves Jan. 3t. 2005 Notary Pubiic V Page 5 of 6 oT CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. 4 9 0 A RESOLUTION AMENDING RESOLUTION NO. 4479 FILE NO. 2587 WHEREAS, on June 12,2000, the City Council of t'le City of Orono (the “City ”) adopted Resolution No. 4479 granting preliminary platting of a section of public road easement located at 4575 Wayzata Boulevard approval; and WHEREAS, Resolution No. 4479 required that Richard Rudd and Sh?ne RuJd (the “Applicants”) submit final plat for approval no later than December 31, 2003; and WHEREAS, the Minnesota Department of Transportation (“MnDot ”) has delayed construction of ap access road which will serve the Rudd’s p’^oper'y; and % WHEREAS, the Applicants ;ave requested an additionr! year before having to submit the final plat as a result of MnDot ’s postponement of the road way project. NOW, THEREFORE, BE IT RESOLVED by the City Council of tlie City of Oronc, Mit'nesota, as follows: 1 . The effective period of preliminary plat approval is hereby extended to December 31,2004;and 2. All other terms and conditions of Resolution ^4479 are hereby reaffirmed. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting heW on the 9th day of December, 2002. * ATTEST: fp Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page I of 2 GITYof OROXO • • RESOLUTION OF T^giriT COUNCIL NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of December, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munxipal corporation and said instrument was executed on behalf of the City. Nol STATE OF MINNESOTA COUNTY OF HENNEPIN ^ssaras3E3: AUSSA A. WINTERNHclMER notary PUDUC Mr Commlniao Empires ^ 31,2001 2338 The foregoing instrument was acknowledged before me on this Kn day of December, 2002 by Linda S. Vec, City Clerk of the City of Orono, a Minnesota municipal corpoiation and said instrument was executed on behalf of the City. ) / !u.?7aU /Cl-/ - ■ - Notary Public DENISE M. U NOTARY PVauC • MNNCaOTA MrCOMMonGvlmim. 31.200S IJ*- Page 2 of2 »t Application Date: 4/20/00 Completion Date: 4/20/00 Deadline: 8/18/00 REQUEST FOR COUNCIL ACTION DATE: June 5. 2000 ITEM NO. Department Approval: Niiiic Paul Weinberger Tide Zoning Adininistralor Administrator Reviewed:Agenda Section: Zuiiing lltiiii Description:tt2587 Richard Rudd 4S7S Wayzata Boulevard Preliminary Road Plat Zoning:RR-I A, One Family Rural Residential, 5 Acre Minimum lot size Application: To plat tite eastern portion of a public road to provide potential access to four lots in Orono. List of Exhibits: A B C D !• 1* Resolution Property Owticrs Map Proposed Pltiti Notice of Plaiming Commission Action Planning Commission Minutes (May 15, 2000) Platming Report Background: Orono, Meditta, NfNDOT, reprcsctitatives of the Burlington Northern Railroad and adjacent property owticts have bccti disciissitig ptitviding ticccss to several propeilies itt Orrttio that currently have direct access to 1 lighway 12 over the Burlington Northern railroad tracks. Access to the properties has been in place for many years and continued by a licence agreement between the railroad and the properties. Please refer to Hxhibit F indicating the location of the railroad crossing and potentially “landlocked" parcels The railroad has indicated that their long range goal is to eliminate this crossing for safety rcastms. It is also an objective for MNDOT to eliminate this hazardous direct driveway access to Highway 12. Repicscntativcs fro:n all agencies involved and tlic properly owners have considered several options to develop a permanent and sale access lor properties that ct)uld potentially bcu)me landlock ed in the (iitui e. A concept |ilan was reviewed by the Orono City Council on April 10,2000 lliat lias proposed a public road with access to Townline Road in Medina. Tnis option would eliminate the accc.ss over the railroad to Highway 12. Greg Gappa has noted in his memo to the City Council, dated April 10, 2000 (attached to Planning Report), that MNDOT has offered to pay for tlie road construction and provide access to the properties that will lose access across the railroad provided that the Cities or property owners provide the necessary right-of-way and casements. AKso, please read the attached minutes from tlic Council meeting. This proposal would create the road segment in Orono to provide access to the properties. It appears the property owners to the cast (Slaughter and Hickey) have existing easements in place over the Frai/cr property to accommodate a shared driveway. Proposed Plan: The plan indicates a road tliat would serve a proposed subdivision in Medina and provide access to the potentially landlocked properties in Orono. The Medina property is zoned for single family residential use at a 30,000 s.f. minimum lot size. The properties in Medina would be served with sewer and water which will be extended from Townline Road. No utilities will be extended to properties in Orono. Tlie proposed road in Medina will be public and it is recommended by Staff the road in Orono will be public as well, primarily due to maintenance issues. Only the eastern 450' of the road will be in Orono. Surrounding Properties: I he properties located in Medina are zoned for a minimum lot size of 30,000 s.f A proposal has been made by the applicant to have that subdivision completed this summer. The lots in Orono are ail zoned for a 5 acre minimum lot size, and guided by the Comprehensive Plan for single family residential. With the exception of the Rudd property, no lots in Orono will be impacted for zoning purposes by the proposed road. Tlie Rudd property would maintain a dry buildable area of approximately 7-8 acres. If the dry buildable area is less than 10 acres dry, the property would not be able to subdivide into two 5 acre lots The total frontage along the proposed road is only about 500' which does not provide the total lot width required in the zoning district. New lots require a minimum lot widtli of 300’ in tlic KJ<-1 A distict. Koad Standards: llecau.se most of the propo.scd road is in Medina it is appropriate to create a right-of-way to standards in Medina to maintain consistency. Medina will require a 60' right-of-way which is shown on the preliminary plan. The road width and size of cul-de-sac will also be developed to standards set by the City of Medina. Tlie cul-de-sac shall be a minimum paved width of 80' and a miiiimuni right-of- way width of 100’. Ponding and Grading: Tlie applicants arc developing a ponding and grading plan for the road. This is an on-goiiig project involving the platting of the land to the north in Medina. They have profiosed a NURP pond south of the road, in Orono. 3 he pond would collect runoff from the new road and from the newly platted area to the north. The ponding calculations and grading plan, when complete, shall be submitted to both cities for review and approval prior to tlie final plan set being approved and recorded. Final Approval and Time Schedule: It is the intent of the applicant to have the preliminary platting completed for the lots in Medina this summer. However, final platting and road construction will not be complete until about 2003. The Rudds have stated MnDOT will pay for tlie road and engineering costs if it is constructed in 2003. The applicant has stated there are two primary reasons to not plat the road this year. The first is MnDOT would only reimburse for the materials, not engineering and other costs. Secondly, if the new lots in Medina are recorded the property owner may be subject to a higher tax obligation on six buildable lots rather thati one that exists today. The applicant will be requesting the preliminary subdivision approval be granted automatic renewals through 2003 when they will complete the final plat. Burlington Northern Railroad has indicated to the City of Orono they would be willing to paj' for completing a road plat across the property located in Medina. Please read the attached comments from Burlington Railroad. Prior to final plat the following additional information shall be provided by the applicant and approved by the City of Orono. 1. Final grading and erosion control plan set 2. Stormwater calculations for the drainage area that will drain towards the pond in Orono 3. List of all easements that arc recorded on the Rudd property 4. Easement documentation indicating legal access to the Slaughter and Hickey properties over the Fraizer property 5. Final construction plans for the road 6. Final plat drawing for recording the right-of-way 7. Applicant shall dedicate to the City an easement for the NURP pond. Planning Commission Recommendation: At their May 15,2000 meeting the Planning Commission recommended approval of the preliminary plans by n vote of 5 to 0. Staff Recommendation: StalT recommends apjn oval of the preliminary plat based on the resolution attached. COl/NCTL ACTION REQUESTED To adopt or amend tlie attached resolution. 'm *1*5 rr. .. / f -r». gr V i. L ^ /. *. '->. ■' ‘ Concept Plan ■^r" woyi frmmmmm mr •*• • jj fk-t Cmmw»: « mm# •• n*rwi»<«« «• a«ii« •«• »• »*»■—><«> (Ar** •* m 0*>m 4iMC«rr« 4N *• ff*J9 S»r**i ^ •> «*»#»»• »• »• Sir»«l « Ml* C4* •# (MaM !• $€ 0t f*t***««l M li J ^!S\li^ lUi li: |!. J n:iu ^sc- CO • I -w V-V k ’ 1 >¥*. #* .;.iMi^' -- c- C75 --0 • *'V .ittfii N i w Date Application Received: 08-18-04 Date Application Complete: 09-13-04 120-Day Review Period Extended: 03-10-05 --------------- FED k 6 REQUEST FOR COUNCIL ACTION CiTY Or oriwuO Date:February 25,2005 Item No, 5 Department Approval: Name: Melanie Curli| Administrator Approval:Agenda Section: Title: City Planner Item Description: #04-3052 - Eric Vogstrom - 2618 Casco Point Road - Variances Zoning District: Lot Area: Lot Width: LR-IC, One Family Lake.shore Residential, 0.5 acre/100’ 0.47 acre/20,561 s.f. 100’ parallel to the shore & 80’ @ 75’ setback List of Exhibits: A. Resolution B. VRP Agreement & Amendment C. Council Action Notice 02-23-05 D. Draft Minutes from 02-14-05 E. Letter from Jeff Essen received 02-24-05 F. Photo Application Summary: At the February M"* Council meeting the Vegetation Restoration Plan with amendments to the Agreement was approved with a 3-1-1 vote. The Council also voted on the variance Resolution which resulted in a failed 2-2-1 vote, afler which there was discussion leading to the tabling of the variance request. 'Die applicant has not revised his request nor has staff made any changes to the attached Resolution. Boncstroo reviewed the VRP and indicated tliat it was an acceptable plan for the vegetation replacement. Recently Bonestroo was asked to comment on the tree for tree (1:1 ratio) replacement or whether additional trees were more appropriate. As a result of the mature tree removals the tree canopy on the property has been significantly reduced. The proposed location, type and si/c of trees proposed will mature and eventually result in a similar level of canopy. In order to compensate for the slow growth time it may be appropriate to supplement with additional trees. However, there is not sulTicient space to place additional trees within the areas of tree removals. Any new trees Irave to be planted substantially closer to the house where there weren’t trees previously. Regarding the 36” oak tree on the neighboring property within 10’ of the proposed house, care should be taken with construction practices within the area of tlic root growth. An arborist should be brought on site to air spade around the roots and prune the roots to avoid construction equipment crushing, cutting and mangling the root system. This will potentially help to assure the tree’s survival. Additionally, should it be nece.ssary for construction traffic to pass over the root system a one-foot thiek layer of wood chips will help to ab.sorb some of the vibration and compaction. Planning StalT Recommendation Approve or amend the attached Re.solution. Council Action Requested Adopt or amend the attached Rc.solution. K A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 SUBDIVISION B FILE NO. 04-3052 WHEREAS, Eric Joel Vogstrom and Elizabeth A. Vogstrom, husband and wife (hereinafter “the applicants”) are the owners of the property located at 2618 Casco Point Road within the City of Orono (hereinafter the “City”) and legally described as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 31.7% hardcover within the 75 ’-250 ’ zone where 25% is normally allowed in conjunction with the construction of a new single family residence. NOW, THEREFORE BE IT RESOLVED by Uie City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-3052. 'Fhe property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum lot area of 'A acre and a minimum lot width of 100 ’. 3.I1ie Planning Commission reviewed this application at a public hearings held on September 20, October 18, and November 15, 2004 and recommended approval of variances based on the following findings: a. Hie applicants’ property is 20,561 s.f. or 0.47 acre in area and lias 100 ’ in width at a line parallel to the shore and 80’ in width at the 75* Page 1 of 6 ; i * i h t- Jk i setback, and therefore meets the build-ability criteria of Zoning Code Section 78-72(bXl). b. The property is divided into two non-contiguous portions by the lagoon which is part of Lake Minnetonka. The applicants ’ land access to the non-contiguous piece is walking access over the adjacent City right-of-way. c. 'fhe applicants ’ existing driveway is located almost wholly on the adjacent City right-of-way. With the redevelopment of this property the applicants will abandon the existing driveway. 4. The City Council reviewed this application on October 25, November 8 and 22, and December 15, 2004 and January 10 and 24, 2005 and makes the following additional findings: a. The proposed house footprint exclusive of decks at 1,499 s.f. has been minimized to an appropriate level for the size of the property, flie propo.sed 75’- 250’ zone hardcover level of 31.7% is the minimum hardcover necessary to support the proposed house while providing for adequate driveway and other site plan elements. b. The applicants have removed vegetation in violation of City Codes on their property and on the neighboring property, fhe restoration of the vegetation will be dealt with separately from the variance Re.solution witli an approved Vegetation Restoration Flan and Agreement with the City. c. The applicanLs have reached an agreement with the adjacent property owner with respect to tlie tree removal and screening. d. The grading and drainage plan .shall include gutters, down.spouts. swales, draintile, etc. as determined necessary to guarantee the runolT from the applicants ’ property does not negatively affect the adjacent properties. 5. The City Council lias considered this application including the findings and recommendation of the Flanning Commission, reports by City staff, Page 2 of 6 comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or ether danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of tiie City. 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 78-1288 Subdivision B to allow 31.7% hardcover within the 75 ’-250 ’ /.one where 25% is normally allowed in conjunction with construction of a new single family residence subject to the following conditions; I. Council approval is based on the site plan submitted by the applicants and ar/’otated by City staff, attached to this Re.solotion as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 0 s.f. or 0%. Hardcover in the 75-250 ’ zone shall be limited to 2,432 s.f. or 31.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests iJ inciea.se hardcover or change tlic nature of cxisting/approved hardcover shall require City approval, ;uid increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative land.scape beds on the property to ensure their permeability as non-hardcover surfaces. Page 3 of 6 A r 4. Applicants shall remove all gravel hardcover on (he adjacent right-of-way and establish suitable vegetative groundcover by September 30,2005. S. Required removals of structure and hardcover shall be completed prior to the footing inspection for the new residence. 6. The approvals granted by this variance resolution shall not be valid until (he applicants have entered into an Agreement with the City regarding tlicir Vegetation Restoration Plan including appropriate provisions and financial security to assure execution. No temporary or permanent C'crtillcatc of Occupancy shall be issued until (he Vegetation Restoration Plan has been executed to the City’s satisfaction. 7. Authorities granted by this resolution run with the property not with the applicants, but are pern’.i.ssivc only and must be exercised by obtaining a building permit for the new construction witliin one year of the date of Council approval, or the variance will expire on (hat duic (February 28,2006). 8. Violation of or non-compliance with any of the terms and conditions of this re.solution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. llic undersigned applicants have read, understand and hereby agree to the (erm.s of this resolution and on behalf of the applicants and (he applicants’ heirs, succe.ssors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28'*' day of February, 2005. Page 4 of 6 ATTEST: Linda S. Vf«. City Clerk Barbara A. J’cterson, Mayor Property Owner(s) STA TE OF MINNESOTA COUN TY OF HENNEPIN The foregoing instrument was acknowledged before me on this H"’ day of __, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S TATIi OF MINNliSO I’A COUNTY OF HENNEPIN TIjc foregoing instrument was acknowledged before me on tiiis _ day of , 2005 by Linda S. Vee, City Clerk of the Caty of Orono, a Minnesota ii)nni( ipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 S TATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Eric Joel Vogstrom, husband of Elizabetli A. Vogstrom. ,2005 Notary Public STA TE OF MINNESOTA COUNTY OF HENNEPIN Tills instrument was acknowledged before me this__day of by Elizabeth A. Vogstrom, wife of Eric Joel Vogstrom. .2005 Notary Public Page 6 of 6 1'IIIS ACREEMENT and RELEASE made and entered into this day of , 2005 by and between the City of Orono, a municipal corporation located in the County of Hennepin, State of Minnesota (hereinafter referred to as City of Orono) and Eric and Elizabeth Vogstrom, owners of the property at 2618 Casco Point Road, Wayzata, MN (hereinafter referred to as the Vogstroms). in consideration of the covenants contained herein, and in consideration oi the Vogstroms ’ agreement to restore vegetation, on their property and adjacent City of Orono property, as shown on the Vegetation Restoration Plan attached as Exhibit A to this document, to replace trees and undergrowth removed on the Vogstroms ’ property in violation of City Codes and on adjacent property within the City limits of the City of Orono, the parties agree as Ibllows: 1. llie legal description of the Vogstrom property is as follows: North 80 feet of Uiock 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter, the Property) 2. This AGREEMEN T resolves the dispute related to the unauthorized removal of trees and vegetation from the Property within 75’ of the shoreline of Lake Minnetonka and on adjacent City of Orono property, 3. The City of Orono agrees to discontinue pursuit of legal action against the Vogstroms related to the unauthorized removal of trees and vegetation clear cutting within 75’ of tlic shoreline of Lake Minnetonka, in exchange for the Vogstroms and/or their successors and assigns agreement to plant and maintain the trees, shrubs and groundcovers set out in the Vegetation Restoration Plan which is attached as Exhibit A to this document. The trees and other plantings shall be planted as soon os practicable, but in no case shall a Certificate of Occupancy be issued until the Vegetation Restoration Plan has been fully executed. 4. The trees, shrubs and groundcovers within 75’ of the shoreline of Lake Minnetonka shall be planted no later than June 3U, 2005. The trees, shrubs and groundcovers to be planted outside the 75’ setback of the shoreline of Lake .Minnetonka .sliall be planted prior to the issuance of a Certitlcate of Occupancy and no later than September 30,2005. 5. The City of Orono may enter the Property to inspect the planting, in order to determine that the trees, shrubs and groundcovers are planted in accordance with the Vegetation Restoration Plan. Page I of3 6. The Vogslroms and their successors and assigns shall allow an annual inspection by the City of Orono to determine that the trees, shrubs and groundcovers are growing, and the Vogstroms and their successors and assigns shall replant any trees, shrubs or groundcovers that are dead or dying, and shall use best cITorts to facilitate the life and growth of the trees, shrubs and groundcovers. 'Hiis requirement shall continue in effect until each of the trees planted within 75’ of the shoreline of Lake Minnetonka has reached a diameter of six inches, or 19 inches in circumference, at a point measured tliree feet above the ground. Additionally, this AGREEMENT shall continue in effect for the trees to be planted outside the 75’ setback from the shoreline of Lake Minnetonka for no less than 5 years from their planting. 7. Performance Deposit: For the purpo.ses of a.ssuring to the City that the Improvements will be completed according to the terms of this AGREEMENT, and that the Vogstroms will pay all claims for work done and materials and supplies furnished, the Vogstroms have deposited with the City at the time of the execution of this AGREEMENT an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its .sole di.scretion to enter the property and complete the Improvements if the Vogsroms fail to satisfactorily complete the work prior to the completion date specified in Item 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than one year aAer the completion date specified in Section 4 above, or no sooner than June 30, 2006, whichever is later. 8. The Vogstroms and their succes.sors and assigns shall not trim any of the parts of the trees or shrubs, or remove any of the trees or shrubs, without City of Orono approval. 9. The vegetation within the wetland and within 26’ landward of the wetland boundary shall nut be mowed. 10. This AGRIiEMENT shall remain in effect until both parties agree to amend or terminate this AGREEMENT. Tliis AGREEMENT may be enforced by injunctive relief in the courts of the State of Minnesota. 11. niis AGREEMEN T may be filed against the Property. The Vogstroms agree to obtain the consent of any other holders of interests in the Prop«*rty in order to allow this AGRL:EMI;N f and Rl-LEASE to be filed. Page 2 ol' 3 For the City of Orono For the Vogstroms, their heirs, successors and assigns Ronald J. Moorse City Administrator Eric J. Vogstrom Elizabeth A. Vogstrom STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of 2005 by Eric Joel Vogstrom, husband of Elizabeth A. Vogstrom. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was aeknowledged before me this__day of by Elizabeth A. Vogstrom, wife of Eric Joel Vogstrom. .,2005 Notary Public Page 3 of 3 VEOB'rATION RESTORATION PLAN APPROVAL Reference (he attached plan by Markell I^bcrcc Design Group dated December 22, 2001 for 2618 Casco Point Road, Wayzata, MN The City of Orono hereby approves the above referenced plan subject to the following additional conditions: 1. 3. 4. 5. The Black Hills Spruce trees proposed for (he property’s eastern “point ” shall be 12 ’ in height rather than 8’ as proposed; and 2. All of the attached City Engineer recommendations shall be met; and No trees shall be replaced by the Vogstroms on the Essen’s property; and. The trees proposed on the City right-of-way shall be located further cast to be within the Vogstroms ’ property or as close as feasible to the property line. The existing ash trees located within the area labeled “stand of buckthorn to be removed ” on the property’s eastern “point ” shall not be removed. Ilie property owner shall meet with City staff on the site prior to any tree removals to identify vegetation to be removed and to remain. II Cl l Y or ORONO 2750 Kelley Pnrkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3052 NOTIf:E OF COIJNCII. ACTION DATE OF NO riCE: Fein nary 23, 2005 TO: Eric Vogslrom 20840 Channel Drive Greenwood, MN 55331 COPIES: TYPE OF APPIJCATION: Hardcover Variance DA I E OF MEETING: | February 14,2005 Motions: y To apiirovc the resolution as nniendcd. - Motion withdrawn no action. y To approve the Vegetation Restoration Plan including amendments. • Vote: 3 for, I oppo.sed, 1 abstention. - Motion passed. y To approve the resolution as amended. • Vole; 2 lor, 2 opposed, 1 abstention. • Motion Failed y To table the variance request to the February 28,2005 Council meeting. • Vote: 5 fur, 0 opposed. - Motion passed. YOUR NEXT MEETING IS: CI TY COIJNCH, - MONDAY, FEBRUARY 28, 2005 - 7 PM 11 ‘you ilcsirc certified copies of the olTicial Council minutes, they are available from the City Clerk alter review and approval by the City Council. If you have qucstioius please call Melanie Curtis, (hty Planner, at 952.249.4627. 4. W04-3052 EkICVOCSTROM, 2618 CASCO POINT ROAD-VARIANCKS- RESOlirnON NO. liric Vogstrom, Applicant, wr.s present. Curtis addressed the City Council regarding the Vogstrom application, noting that conceptual approval was given at the January City Council meeting based on reductions to the proposed building footprint and li.^rdcovcr lcvel.s. The conceptual approval revision consists of a 1,499 square foot building footprint and asso':ialcd hardcover totaling 31.7 percent for the 75 ’-250 ’ /one. A revised vegetation re.storation plan has also been reviewed by the Planning Stafl, the City Engineer, and the adjoining property owner Further rev.sions based on the comments of the various reviewing parlies have been incorpoiulcd into the version of the vegetation restoration plan that will be enforced by the agreement contained in Exhibit F,. .Staff has rec eived a copy of the private agreement between the applicant and the neighboring property owners tliat resolves the illegal tree removal issue by the applicant (»n the neighbor’s property. (Council Member Sanseverc leaves the meeting) Murphy inquired about Item 4-c on page two and exactly what agreement has been reached with the adjacent property owner. Vog.strom indicated his nciglibor requested $9,000 for the lemoved trees, whicli has been conveyed. JcH’Essen, 264K Casco Point Road, indicated an agreement has been signed, with the inclusion of downspouts and gutters along with the rmancial .settlement. Murphy inquired whether both paities feel the agreement has been fidEdled. Vogstrom noted the agreement was fulfilled approximately one month ago. Essen staled he had the understanding that no further trees would be removed from bis propei ty but that within the past week it was necessary to request a tree removal contractor to stop work on his property. Vogstrom slated it is crystal clear that he is not to remove any other trees from the Essen pio|K'rty and that the tree removal contractor was merely removing a live to six foot stump of a tree Uiat had previously been cut down Vogstrom stated it was intended to Ire a kind gesture on his pail. Murphy stated he would not be In support ol the approval resolution due to the proposed footprint. 1 White indicated he would like further clarification on the vegetation restoration plan and agreement with the City. Gaffron briefly outlined the proposed vegetation restoration plan, noting that the Planning Staff and the City Engineer have reviewed the plan and feel it is acceptable. White encouraged the applicant to follow through with the agreements he itas ciitered into to avoid further problems. White noted a fair number of large trees were removed and are now being replaced with significantly smaller trees. Vogstrom stated the majority of the trees that were removed were Elm trees and Cottonwood trees that were either diseased or dead and that he did not remove any perfectly good trees. White stated in his opinion no further vegetation should be removed on this property until a survey is completed to determine what exactly is on the site Vogstrom stated a survey has been completed and that Staff has also visited tiic site. White noted that buckthorn is proposed to be removed from the site, and expressed concern that other trees and vegetation may be removed as well. Vogstrom noted that Gaffron and Curtis have visited the site and have taken numerous photographs of the area. Vogstrom stated the existing trees have been documented on a survey approximately three months ago. Gaffron stated permission has been given to remove the buckthorn, White noted the applicant has been told not to encroach upon the adjoining city lake access and suggested that the area be delineated very clearly prior to construction of the residence. Vogstrom stated he is in agreement with Council Member White and noted the neighbor to the north has a number of items located on the City’s properly. Curtis stated there are piles of wood, construction equipment, a tractor, and possibly rolls of carpet, along with other items. Curtis staled Staff would be notifying that properly owner that the items need to be removed. McMillan concurred that this would be a good time to clearly delineate that area as City property. I Vogstroiu stated he is in agreement with marking tiiat area. Murphy noted Item 6 on page 4 of the resolution requires a performance deposit, and inquired whether an amount has been determined. Gaffron stated the amount is $32,430, which is 150 percent of the City Engineer’s estimated cost for implementing the vegetation restoration plan. Murphy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30,2008, to ensure that the vegetation will survive. Peterson stated she does have an issue with Item 6 in Exhibit E regarding an annual inspection by the City ofOrono. Peterson indicated she would prefer to have a semi-annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspections. Gaffron stated once the trees reach six inches in diameter, the City typically no longer inspects them. Uarrett recommended Paragraph 11 in Exhibit E be amended to read that this agreement may be filed against the property, and applies to the Vogstroms, their heirs, and successors of the land. Uarrett reeommended adding Paragraph 12, which would state that the parties agree to di.sclose that the agreement is enforceable by conjunctive relief tliough legal remedies tliat may be available, and tliat the signature section on Exhibit E be ameixied to include the Vogstroms, their heirs, or successors. Uarrett indicated tliat language would notify future property owners that this agreement would be enforced against them. Essen stated he has no objections to the variance for hardcover and that he is in suppt)rl of a new residence being constructed on this lot. Essen stated approximately one foot oil of his property lino is located a 36 inch oak tree. Essen expressed concern that that oak ta*e would be killed if the house is coii.structcd in the proposed locution. Essen indicated he would be in support of moving the house five feet to the noilh, which woulti give the tree an additional five feet ofnxU space and possibly enhance the life of that tree. f . GanVon stated he did speak with the applicant on this issue and tliat tlic view from tlie street would not be negatively impacted if the residence were moved five feet to the north. GalTron stated he is unsure what would happen to the access road in the future and that from a long-term standpoint he is unable to support relocating the house five feet further to the north and granting the variance. Vogstrom inquired whether Gaffron thought that public access way is heavily wooded. Gaffron stated in his view the right-of way is not heavily wooded towards the street but is more heavily wooded towards the lake. Vog.stroin noted in order to provide public access to the lake, a large number of trees would need to be removed as well as filling in of wetlands. (Council Member Sansevere returns). Gaffron stated in his view a hardship does not exi.st to grant the variance. Barrett stated he is aware that the Council has granted variances in the past to protect trees on other properties. Murphy inquired whether there were any other options to protect the tree. Gaffron stated the City’s history of granting variances is dismal and that in his view an extra five feet would not .save that tree. Gaffron noted the Council in the past has indicated that variances should not be granted to save a tree. McMillan encouraged the applicant to continue to work with Staff and his neighbors to improve the situation. McMillan moved. While seconded, lo adopt RESOLUTION NO. , a Resolution granting a variance to hardcover for the profierly located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. Murphy inquired whether the vegetation restoration plan should be approved prior to tlic resolution since the resolution is contingent upon approval of the rcsturalion plan. Peterson noted that is correct. McMillan withdrew her prior motion. McMillan moved, Murphy seconded, to approve the vegetation restoration plan for the pro|ierly located at 2618 Casco Point Road, with the agreement being amended to require a performance Jeposit he retained by the City until June 30,2008. Peterson inquired whether the applicant is agreeable to the date being extended for the pertbmiance deposit. Vogstrom stated that is Fine. VOTR: Ayes 3, Nays 1, Peterson Opposed; Sansevcrc Abstained. Sanseverc indicated he is abstaining from the vote since he was not part of the discussion at the previous Council meeting and also mi.sscd a portion of tonight’s discussion concerning this application. McMillan moved. White seconded, to adopt RESOLUTION NO. , a Resolution granting a variance to hardcover for the property located at 2618 Casco Point Road, with Exhibit E being amended as recommended by the City Attorney. VOTE: Ayes 2, Nays 2, Peterson and Murphy Oppu.sed; Sansevcrc Abstained. Barrett stated the motion fails and that Stalf should be directed to prc|)are (Indings to support the denial. Peterson inquired whetlier Council Member Sansevere would like the opportunity to vote on the motion. .Sansevcrc stated in his view since lie was not involved in the discussion at the lust Council ineeling and the majority of tonight’s discussion, that it would not be fair to the applicant or to the rest of the Council for him to vote on this issue at this time. Peterson inquired whether this application could lx; reheard at the Council’s next meeting in order to give Council Member Sansevcrc an opportunity to vote on any motion. Bariett stated that is one option. Pctcreon moved, Murphy seconded, to table the application. Barrett rccoininended that the failed motion be withdrawn and that a motion tabling the application lx; made. r Murphy moved, Peterson seconded, to reconsider the motion adopting the approval resolution for Application #04-3052 at their next Council meeting scheduled for February 28,2005. VOTE: Ayes 4, Nays 0; Sanscvere Abstained. Peterson moved, Murphy seconded, to table Application #04-3052, to the February 28,2005 City Council meeting. VOTE: Ayes 5, Nays 0. % 2/22/04 Mayor Peterson Council Members City of Orono 2750 Kelly Parkway Orono. MN 55356 RECEJV.SD FEB 2 4 CITV OF ORONO Dear Mayor Peterson and Council Members. I will not be able to attend the Council meeting of 2/28/05. However I want to take one last opportunity to try to convenience you to accept the proposal presentc ' at the Z'14/05 council meeting, aimed at saving one of the last remaining trees on the Vogstrom property. The proposal is to allow Mr. Vogstrom to slide the footprint of his house 5 feet to the north, thereby increasing the distance between the 36 inch Oak tree trunk and the excavation for footings from 5 feet to 10 feet. Mr. Gaffron is opposed to this idea because of possible future conflicts if the City ever decides to improve the fire lane right of way. Moving the hous>^ 5 feet to the north will not encroach onto the Right of Way, it will only reduce the set back from 15 feet to 10 feet. He also said the City has had little success saving trees by giving them additional room for the roots. If ever a site needed the City to try again this is it. 1 got the feeling the Council was generally sympathetic to the idea of trying to preserve the remaining trees given the sad history of this site. I spoke to a tree expert at Otten Brothers about the situation. He said an extra 5 feet will certainly not guarantee its survival, but any additional room this tree is given will improve its chances of survival. 1 urge you to reconsider this proposal when you review the hard cover variance at your next meeting. 2648 Casco Point Road t"c Michael Gaffron l-.rrc Vogsrronr Ron Moorse * 1 . • I . ■ ■' V’-'v. ... ? ■ :4 J *T.*' ■■y-n ' :*t-. ;?^V, ^ ' 1 ^hsfc1 .... <1 ■>. .’• -b- 1 5' rjt ifM i^‘ HHL^ >iir- • ■ ^, t % •*., i i 1 #iI .. - ii».j 'fc'- ’? f-» . * 4r:'- •*■ f 'r-Q -> t. • -*v t ■r-j' ■ i:ii ., A ■ • ■ ■' 4-. ., ... >v. ; A:--i*.- •>« -■ , . ' \-'/ *•• *''• *■ .-.•>/ , 1 ,‘ ' b* «r 3V .= S .^31 fSPi* iii nF'^mi •i--«%3 .*' >--r^ ' ^ 5 ^ “■- »’■ •*- ••' ' » ■ ’ i 7*5 o 'Sk' ‘ £ if - \3 >« A .4«^ *- “• ■“ -•■■■ ,i^:■f-::i1^ir ‘- » • V • Pk* u “ * . 4^» j ^ ft va. !rTBPK.„*:aSra ,, A ’ • 1 ' ; •/ •. V . , i • ’'Si'-mi r4- •' -'« ■> •• ’•■ '<;;’• '< ■ • ■* *j\r-riV -V’-a i W'-' r-. -IS- ir-' XV*M V ‘4-r , 1^' -\. 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K >:J“; .*i • • • t ‘h A ♦ • ' • . *Ar : '* ‘- rii»^:§5SQ imm'- 'S^B A A‘jt ,>v'i'’-'j fiM -.c*. . , i*/ U^Vr”'- J.^iW 'TjJ •.■ .•! liffi ... -i* '■■>-. ■» ^ \Hrm -Cm 1*Ji^ >P' * ^ T w £'i *-.•-, • W »f,-r|-- ^ ^» J*-. >' . > 5S A /i'. ■ :-..^^i.:.’^; Mt j ic \ ^ Krr Dale Application Received: l2*l7-04 Dale Application Complete: 01'OS-OS 60-Day Review Period Expiration: 03-03-05 nriiiM/'ii MrcTIMG FEB ^ 8 2005 REQUEST FOR COUNCIL ACTION CITY Ol- UHUNO Date:February 24,2005 Item No. Cp Department Approval: Name: Melanie CurtisiiU Title: City Planner ^ Administrator Approval:Agenda Section: Item Description: #05-3072 -Orono Public School District #278 - 685 Old Crystal Bay Rd N - Vari iv ’ f & CUP Zoning District: —RR-IB, One Family Rural Residential, 2-acre Exliibit A - Resolution Exhibit B - Council Memo of 02-10-05 Exhibit C - Council Action Notice 02-23-05 Application Summaiy: At the February Id"* meeting, the Council voted 5-0 to approve a proposal by the Orono Public Schools for a variance and conditional use permit in order to replace Uie existing campus monument sign with a new monument sign. Additionally, Staff was directed to draft a Resolution rullecling the Council’s concern for the use of the sponsor panel. Staff Recommendation Please review the findings and conditions to confirm they accurately reflect Council’s intent, COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. r t A KKSOLUTION <;WAN IINC; VARIAN< MS l (> MIJNICIFAI. /ONIN<; CODK SKrrnON 78-l467(l)(n AND A CONDI I lONAI. liSK PKKMl I TUKSUANT TO MIINIC irAI. /ONINC; C’ODK SKCnON 7N-4IN(I) KICK NO. 05-3072 WIIMKMAS, Orono Puhlic Schools II27H represented by Neal J. Lawson, Assistiinl Snperinletulenl for lUisiness (iiercitiiincr “the applicant") is the owner of the property located at 685 Old Crystal Hay Road North within the C'ity of Orono (hcreinaltcr the "City") and legally described as I'ollows; The south 940 leet oITJoverninenI l.ot I. Section 1.3, Towjrship 118, Range 21, also known as i*ll) 11-118-21-21-()0()2, Hennepin (.'ounty, Minnesota (heieinaficr the “properly"); ami WIiMKM.AS, the applicant hits made application to the City of Orono for a vniiancc to Onmo Municipal /oning (’ode Section 78-1467(l)(c) to allow signage gtealer than 12 s(|uarc feel as permitted within Residential Districts; and WIIMUKAS, the applicant has matic application to the City ol'Orono for a conditional use permit pursuant to Orono Municipal /oiting Code Section 78-418 (I) in order to construct a campus mt)nunient sign with a static electronic readeiboard on school district pro|K:rly within a Residential District. NOW, IlIKKMMOUi': HM. IT UMSOl.VKD by the City ( ouitcil ol Oiono, Minnesota: FiNDINCS 1. 2. This application was reviewed as /oning File //O.S-1072. Tlie property is located in the KR-IH, One I'aniily Rural Residential /oning District which rci|uiies a minimum lot area of 2 acies and a ininiinuin lot width ul 2UU'. Rage I of6 3. The Planning Commis‘’ion reviewed this application at a public hearing held on January 18, 2005 and recommended approval of the sign size variance based on the following findings: a. The property is 39.8 acres in area and has frontage along I lighway 12 and Old Crystal Bay Road Nortli. b. I'he current Orono Zk)ning Code does not have sign .standards for institutional uses allowed conditionally within Residential Districts. Within Residential Districts a nameplate sign with a maximum of 12 s.f is permitted. c. The new campus monument sign and static electronic rcaderboard should reduce or eliminate the need for temporary signage on the property. 4. The Planning Commission reviewed this application at a public hearing held on January 18, 2005 and recommended approval of the conditional use permit for a campus monument sign based on tlie following findings: a. The existing monument sign is outdated, smaller and poorly located on the property; the new monument sign will be modem, larger and easier to read from the intersection. b. The existing monument sign contains a manually changeable readerboard which is diflicult to maintain; the new sign will contain an electronically changeable readerboard which is not proposed to flash. A flashing sign is not permitted. c. The new campus monument sign will conform to Zoning Code Section 78-1466(11) regarding monument signs, and will not have total a sign face area greater than 56 s.f. 5. The City Council makes the following additional findings: u.A r X 8’ panel on the new campus monument sign has been dedicated for school sponsor recognition. This panel will be constructed of the same material as the school name plate panel. The recognition panel is acceptable in this residential zone if it includes within the I’x 8’ areas Page 2 of 6 6. 7. sttitemciU of school support in addilion lo the name or logo of tlic sponsor organization. The Council does not intend that tiiis panel be used as a commercial billboard for advertising, but merely as recognition for the school sponsor or supporters. b. Cou, il review of future changes or updates to the new campus monument sign panels will not be necessary unless City staff determine they do not meet the intent of this ordinance. c. ITie new monument sign with static readerboard shoulil reduce oi eliminate the need for temporary signage. The City Council has considered this application including the findings and recommendation of the IManning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not advensely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre.serve a substantial pro|H,*rty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive IMan of the City. CONCl.llSIONS, ORDF.R AND CONDI I IONS Ma.sed upon one or more of the afnive findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-l467(l)(c) to allow a 56 s.f sign where a maximum 12 s.f sign is normally allowed and a conditional ti.se permit for a new campus monument sign with static electronic readcrlioaid to be constructed lor the Orono I’lihlic School an institutional u.se allowed eonditionally within the RR-ID Residential Zoning l)i.strict, subject to the following conditions: I. ('ouncil approval is ba.sed on the site plan submitted by the applicant and oimotutcd by City stuff, attached to tliis Resolution os Llxhibit A. Any Page 3 of6 u amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Subsequent changes or updates to the new campus monument sign panels shall be reviewed administratively by Planning Staff. Planning staff may require Council review of changes if they do not meet the intent of this Resolution. 3. The school shall obtain City sign permits for any temporary signage needed in the future. 4. Required removal of the existing sign shall be completed upon commencement of the use of the new sign. 5. 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 within one year of the date of Council approval, or the variance will expire on that date (February 28,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant ’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28*’’ day of February, 2005. Page 4 of 6 i T ~lli A'lTIiS'i': Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Ihe foregoing instrument was acknowledged before me on tins _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S lA I’E OF MINNHSO lA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota tminicipnl corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 EX#n&IT 1 *'■"" * -» ■ 1 r «»i7 »«»L’-'J: • / jt i:s V M / ---------------------------------------------------S-f^1-----y-Jt ________5_ __ •IfUNttlUUS • w* i •W^clfrl^ P»y|i*-vr - Wvy tjt C Oliy Pu«itl. p^i' U**c llv. CRYSTAL DAY K U A U v> ii 3RONO CAMPUS IMPROVEMENTS OROMO #U»LIC tCMOOil (memo, iMNNEsorA LANOtCAPf FtAM OMMOaCMOOIMtNKr tCNMi MftKf tiff Amensoii-JOHNSON iSSOCtATES, ^ INC |«ACMr |P« MMN*ltCn«r • miPIAWWl • y4J5^ I lw«kf ISrtMf mm« Ml ^ liM^ fwsparM »r **• Ml pMsi mt 0t*t0 «M MM I m • AMV Oh. fr f * i i Aim - Orono Public Schcx5b 11/29/04 1 w cfr < & K 11’-O’ 9*-2 ’ 1 1 1 . l._ 1 n f ■ 1 1 i i 1 1 ^! 1 11 ^ J_ J_- ORONO PUBLIC SCHOOLS HB HOME OF THE SPAHTANS I K*3|B»ft!««4W'TrWiffS5 J"' f ‘,J L.. ’ ‘‘U _/ / ,' 7 ^ »V ' 1~ / f /'“ # ^ /. '7 /“7 : f f /-l7C../ \ _7 r f.J t.J f t } i'\i^r / // I ! 2-3’ a ’-s” Mnorfy Boae 19 CortCOpI (nd to icoie) Fabricate & Install (1) T-0"XS'-0" S/F Illuminated Monument Sign xuith LED Message Displatj. SPEGTRUM Rin ELECTROniCS SIGN SYSTEMS, INC. DESIGN ♦ FABRICATION INSTALLMION ♦ SERVICE 2025 Gateway Circle. Suite 2, Centerville, MN. 55038 651^29 6100 (fax) 651-429 6190 Dale Application Received: 12-17-04 Dale Application Complete; OI-OJ-OS 60-Day Review Period Eipiration: 03-03-05 REQUEST FOR COUNCIL ACI'ION Dale: I'ebruary 10,2005 Item No. Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: W05-3072 - Orono Public School District //278 - 685 Old Cry.slal Bay Rd N - Variance & (’t IP Zoning District: RR-1B, One Family Ru al Residential, 2-acre List of Exhibits: A PC Action Notice dated 01-25-05 B - PC Memo & Exhibits of 01-03-05 Application S"”:mary: The Orono Pumie School District is icc|uesting a variance and conditional use permit in order to replace the existing campus monument sign with a new monument sign. The applicant is proposing a y’ 2 ” tall X I r wide monument with 56 s.f. of sign face, including a 30 s.f. static electronic readerboard. The proposed sign is to be located al the northwest corner of the intersection Old Crystal Bay Road and Highway I? on school district property. Planning Commission Recommendation On January 18, 2005, Planning Commi.ssion voted 5-1 on a motion to recommend approval of the sign si/e variance and conditional use permit for a new monument sign with the stipulation that the proposed 1 ’x8 ’ panel to be used as a “.sponsor panel ” not be permitted. Commissioner Bremer voted against the motion stating that she supported the variance and conditional use permit but would have supported the sponsor panel. Stuff Recommendation Staff recommends approval of the location and design of the proposed monument sign, as it will replace the existing sign which is .showing its age, and should result in reduction or elimination of the variety of temporary signs placed on this corner from time to lime announcing school functions. i'hcrc arc no standards within our zoning code to address imstitutional signs. 3 he zoning code docs not addrc.ss whether a spon.sor panel is appropriate for signage serving an institutional use such as a school. Should the Council wish to consider allowing a sponsor panel within the monument sign, it may be appropriate to di.scuss some potential guidelines for the proposed sponsor panel. Depending on the nature of the sponsoring entity the .spon.sor ])anel might take on a slightly commercial feel, or it may be merely a means to promote a non-profit school support group. For example, a corporate logo or specialized text styles or fonts may suggest a trademark of a business. 'I1ie purpose of the sponsor panel is to acknowledge a Tinancial donor and not specifically serve as advertising for that donor. Staff would suggest possibly eliminating corporate logos from the sponsor panel or perhaps limiting the style of letters to match those used overall on the monumc.U would minimize the commercial feel of the sponsor panel. COUNCIL ACTION REQUESTED Direct Staff to draff a Resolution reflecting Council’s decision. ' t H IliHc* Appliculioti Ucccivcfl: 12-17-04 Diilr Appliculioii C.*oii^i(lcre(l a% Cniiipletc: 01-03-05 60-l)ay Review IVtIchI Kxpires: 03-03-05 FILE 3 January ?005 Pugc 1 of 5 Chair Rahn and Planning Commission Members Ron Moorsc, Cily Administrator Melanie (airtis, City IMaiiner| January 3, 2005 05-3072, Orono Public School District W278, 685 OM (’rystal Bay Road Variance & Conditional Use Permit Amendment Public Hearing /oiling District: RR-IR, One Family Rural Residential District Fo: From: Date: Siihject: Application Summary: I'he applicant is requesting a variance and conditional use permit in order to replace the existing campus monument sign with a new monument sign. I’he applicant is proposing a 9’ 2" tall x II’ wide monument with 56 s.f. oT sign face, including a 30 s.f. .static “lectronic readerboard. 'I'he proposed sign is to be located at the northwest comer of the inter.sectio n Old Crystal Hay Road and Highway 12 on school district property. Stajf Kecommeiulation: Planning Department Stall' recommends approval of the sign si/e variance and conditional u.se permit for a new campus monument sign. Hardship: Current Orono .sif^n codes do not adih ess institutional uses withm residential districts makiuf ’ it difficult to meet the needs of schools and other institutional uses within li-Districts. _ IVriincnf /^mitig Ordinance Sections > %Si'c. 7K-4IH. C'ondilionul u.sc.s. Within any RR-I H one-family rural residential district, no structure or land .shall be used lor the following u cs without a conditional use permit: (I) Public schools ami parochial or private .schools which teach a curriculum similar to a public .school, piovnleil no building shall be located within 50 feet of any lot line of an abutting lot in an R di.strict and a fence is erected 15 feet or more from .ill street lot lines where the abutting u.se is for open play, and nur.scry schools providing 50 .stpiare feet of playground space per pupil. V See. 78-419. Accessory uses. Within any RR-IH one-family lural residential disiricl, the folK>wing uses .shall be peimitled accessory use.;; (4) .Signs, as regulated in this eha|)ter. FILE »05-3072 3 January 2005 Pago 2 of 5 Sec. 78-916. Granting of permit. (a) The planning commission may recommend and tlie council may grant a conditional use permit as the use pcmiit was applied for or in modified form, if on the basis of the application and the evidence siibmitteu the city makes the following findings; (1) That the proposed location of the conditional use is in accord with the objectives of this chapter .and the purposes of the district in which the site is located and the comprehensive municipal plan; (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and That the proposed conditional use will comply with each of the applicable provisions of this chapter. A conditional use permit may be revocable, may be granted for a limited time, or may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use pennit shall be filed with the county recorder or registrar of titles. The conditional use pemiit shall include the legal description of the property included. (3) (b) b. > See. 78-1466. Signs as accessory use. Signs are a permitted accessory use in all districts subject to the following regulations: (II) Monument signs. One monument sign, limited to two faces is allowed per frontage per property, with a maximum of two. Tlie areas of sign base, the supporting background structure, and the sign copy shall be combined for determining the total square footage and the height of the monument sign. a. The total allowable square footage shall not exceed 100 square feet per side. The base and supporting material shall constitute at least 25 percent of the total square footage. The base width dimension is 50 percent or more of the greatest width of the sign. The sign copy area shall have a minimum clearance of 20 inches above ground level. The sign copy area shall be completely enclosed within the monument materials. No portion of the sign or sign structure shall exceed ten feet above ground level. The monument sign base shall be constructed of materials similar in appearance to those of the principal structure and shall consist of brick, natural stone, stucco, textured cast stone, or integrally colored concrete ma.sonry units. The structure surrounding the face of the sign from the base to the top of the sign must be solid. c. d. c. f. 1 1 1. L.t FILE #05-3072 3 January 2005 Pago 3 of 5 g- continuous, and consist of the base materials or complementary materials that match the appearance and color of the principal building. Tlie 200 square feet of ground area around the base of the monument sign shall be latuLscapcd with shrubs or perennials. > See. 78-1467. Signs in R districts. Within R districts, the following signs arc pcmiittcd: (I) Nameplates. c. One nameplate sign for each pcmiittcd use or use by conditional pennit other than residential, and such sign shall not exceed 12 .square feet in area per surface. List of Rxliibits A. Conditional Use Pcmiit and Variance Applications U. Hardship Documentation Form C. Rxisting Survey D. Proposed .Survey/Site i’lans F.. Existing School Sign Inventory F. Photo Rendering of Proposed Sign G. Proposed Sign Elevation H. Property Owners List I. Plat Map Background Orono Public Schools would like to update their current campus sign which is situated along Highway 12 and is approximately 41 s.f in area. 'I'his cxi.sting sign al.so includes a manually changeable readerboard. The applicant is proposing a new campus sign to include a static electronic readerboard to be located at the noilhwcst corner of the intersection of Old Crystal Bay Road and Highway 12 at a 45 degree angle facing the intersection. ('onditional Use Permit Review City Code Section 78-910 states that the City Council may grant a conditional use pemiit ba.sed on the following three findings: • The proposed location of the conditional use is in accord with the objectives of tliis chapter and the putpuscs of the district in which the site is located and the comprehensive municipal plan; (he [)ro/foscd location for the sign meets (he specifications and .setbacks outlined within the sign regulations. The pro|)osed location of the conditional use and the |)iopo.sed condition uniler which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; (he sign as proposed will nut he detrimental to the public health, safety or welfare, and will not be niaterudly injurious to the properties in the vicinity and The proposed conditional use will comply with each of the applicable provisions of this chapter; the sign as proposed will comply will all of the ajiplicable provisions of the Zoning Ordinance, J FILE WOfi‘3072 3 January 2005 Page 4 o( 5 Aiictitionally, Scc(ioi) 78-916 stales that a conditional use pennit may be revocable, may be granted for a limited time, or may be granted subject to such conditions as the council may prescribe; and a conditional use pennit shall remain in effect as long as the conditions agreed upon arc observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses; and a certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the properly included. Sign Size Variance The Orono sign ordinance docs not address the needs of institutional uses within residential /ones. Currently the .school has a campus sign peipcndicular to Highway 12 in front of the tennis courts. 'I he existing sign is approximately 41 s.f. total area and contains a manual readerboard. The applicant has proposed a monument sign ap|)roximately 9 ’ high and 11* wide. The propo.scd sign meets City Code Section 78-1466(11) regarding monument signs. The proposed sign copy area 56 s.f. with a 30 s.f. static electronic readerboard. The applicant has indicated that this readerboard is to be changed no more frequently than once daily and its pur|)ose is to provide |)arcnts and students with relevant school information. The electronic readerboard will eliminate the need for sending a student or staff member out to the sign to physically change the message on the sign and will be more functional for the school. As proposed the sialic electronic readerboard is no: considered a “flashing illuminated .sign ” which is not allowed. Hardship Stulcmeiit Applicant has completed the Hardship Documentation I'omi attached as Exhibit B, and should be asked for additional testimony regarding tbe application. Hardship Analysis III coiixiilt'riiifi applu alioiis for variance, the Planning Coininhsion shall consider the effect of the proposed variance upon the health, sajety and welfare of the coininnnity, evisting and anticipated traffic conditions, tight and air, danger offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Coiniuissioii shall eonsider recoininending approval for variances from the literal provisions of the /oniiig Code in instances where their strict enforcement would cause undue hardship because of circumstances nnigue to the individual property under consideration, and shall recommend approval only when it is demonstrated that sueh aetions will he in keeping with the spirit and Intent of the Orono Honing Code. Staff finds that olkn the needs ol the institutional uses within the residential districts are not met under the current .sign regulations. Variances have been consistently granted for the dilferent sign needs for the varying institutional uses within the City of Orono in the past, and perhaps this is indicative of the need to update the codes with respect to institutional uses within residential /ones. FILE 1105-3072 3 January 2005 Page 5 of 5 Issues for Consideration 1 . Docs the Planning Commission feel that the monument sign, readerboard sign and its proposed use are appropriate? 2. Will a static electronic readerboard serve as a distraction to vehicular traffic? 3. Docs the landscaping proposed address the guidelines within Section 78-1467 regarding monument signs? 4. Are there any other issues or conccnis with this application? Staff Recommendation Planning Staff recommends approval of the sign size variance and the conditional use permit. ecHiBirA CITY OF ORONO - GENERAL LAND USE APPLICATION Application# Date Received l2lnU)il Amount Paid /<> IrOL) i)i) PROPERTY LOCATION Site Address /J. Type of Application to be Filed r WV^-no.siU>u Property Identification Number (P.I.D ) :b>^t\ \c>c>o ___________ APPLICANT Name __^ Lltrj ____________________ Phone (home)___________________Phone(work) AddressC»g):g' r::LV;> City <^Vr<^^JL___Zip OWNER (if different than applicant) Name Phone (home) Address Phone (work) _ City_____ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $600 00 Residential Accessory Use _$600 00 Institutional (church, school, etc.) _____$600.00 Guest House/Guest Apartments _____$600 00 Duplex Credit/Bldg _____ $600.00 Commercial/Industrial Use _____$6C0 00 Land Alteration + Permit ____ Grading and filling - designated wetland or floodplain _____ Grading and filling - 501 cu yd. or more ____Grading, seawall, retaining walls within 75’ of lakoshore PRD/PID - see Fee Schedule $250 00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$600 00 Commercial Site Plan Review (^ consultant fees) ____$600 00 Vacation _____$600 00 Lasoment Vacation $100 00 Easement Vacation With Subdivision __ _ $600 00 Rc/oning (PUD - refer to fee schedule) $600 00 Comprehensive Plan Amendment ___ _ $100 00 Appeals Other - see Fee Schedule *♦ rA. i .1 V 4' 1^ iV' REQUIRED SUBMITTALS 1 . K__Completed Application Form. ■Ooooribc requebl ii i Uetdil.2. 3. pi^- 5. 6. 7. 8. 9. Certified Property Owners List of owners within 350’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center. A-603 300 South 6*'' Street. Minneapolis, telephone 612-348-5910). ____Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ____Attach legal description to application if not included on required survey. ^ Topogrophir. niirvny (#»YiRting anH pfApngprl rnnrnnrr) if land altoratiQ;ic involve ctiaiiyus in elevaliuii-(grades). "**~ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ^ Construction plan, if applicable (see staff for requirements). X/.V As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. _______Date I 2.' \n73' OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request \ Owner's signature -O Date 'OH Applicant must have all subTTOtals into IhelCily uffices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. f ? f r • ; . .*» •») 1.. •M ^esHO^ City of Orono Variance Application street Address: 2750 Kelley Parkway Orono, MN 55356 Mam: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # 0^" ^0^ 2 - Date Received: J 'l f I H I (J Amount Paid ^/oOV ■ od -.1 $600 Ul/mirstaff Fee: Renewal: _^300 _______ ____ After-tho-fact: $1,200 Doiihle Fee This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: o Vjl? tJ- Property Identification Number (PIN): SS>\\ __________ ____ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): |Sl( Yes, I own the adjacent parcels t:::=*CA50U Date Property Acquired (month/year): / r ^ y ^ • co, ■ uwu uic auja Present use of property: □ Residential ^sTother Zoning District: _______ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: _________________________________ Phone (home): _______ _______________Ptione (work): ______ Address: cLb ? Otevi:*^u J. Email: OWNER INFORMATION: (Complete legal names and marital status required for each Interested party) Name: OgoUp » r'?l=>___________________________ Phone (home):_________________________Phorie (work): Address: oU> C^!^n■^7Aly Wyr ;J............................................................ Email:___________ __________________________Fax: ^S2. DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional sheets if necessary): ___ __taf ^bkjoL ____________________________________________________________ t LI <T1.)> *.• •^ ; «:;rL •••?' , , ^ f.' u*,, ^ ,.j . . < U 2'■V'jfc-.'- <* / REQUIRED SUBMITTALS: All of the following information must be submitted Ly the application deadline date in order for your application to be processed. ir Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form .M Certified Property Owners List - owners within ^0^of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center, A-603 300 South 6“’ Street. Minneapolis, telepione 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations Also provide one copy 8 5" x 11" or ir X 17" for reproduction. Oempleted hardco vereo loulatio n-worksheets (as provide d within the-varia nc e packet), Topographic survey - including existing and proposed elevations Provide one copy 8 5" xll" or 11" X 17 “ for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11 " x 17"). Additional items may be requested by City Staff depending on the scope of the project. * □ APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Applicant ’s Signature: ’ Date: Date 1*2 - n .o OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. ' Owner ’s Signature: Owner s Signature: Date: Date: / 1-17 -OV Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Councii. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. MiA’- niBir 6 Page I of3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearty as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply); 1. “The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” ‘The plight of the landowner is due to circumstances unique to his property not created by the landowner * kV? riUpgeyT fcxjan roe. . Trji* ^kxlu^ •12' Conpu»v __ _tJrT»4 'fen. “The variance, if granted, will not alter the essential character of the locality.* j=^g^<o»Vs _r>l£fcF!=*_;______________________ _______ “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." r ;• -•*A* //' A" ^ 'C V • . • Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council rnay 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." 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8.“The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." "The conditions do not apply generally to other land or structures in the district in which said land is located." 11. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." “The granting of the proposed variance will not in any way impair health, safely, comfort, morals, or in any other respect bo contrary to the intent of the Zoninq Code." •» V * •; ' \ » .» . • • yi eXfMftIT D I IH i V ?• X M - y ' "'--------—*t - w r T A / */ • *’ PiruMMujtn I Mif. • iv*-i v/rst?*'V Pi^ii-.jr-vuv “i IPH C p!*y Po-jtl. t»?r IKiC Hw. ‘Hi'UJi.'f C p I *J T A L HAY R U A D (/) 5 t 1.1 •« I t>RONO CAMPUS improvements! OHOItfO HMIIIC tCNOOit OflONO. aUMNCSOTA I ANOSCAFf At AN OMMOKMOOI MtMCr »f WWA—lAKftW • JOHNSON ASSOCUTtX INC (MPtri#«4«rMrm ri«« • arrrnMiiitf i cwAintMtnaMU*»/t —»> lit <p» mmm »m H»*t tutmMut *** fef «• V «Mar air N>m9I UHn«lA» Mtf «WI • «M • 3TC4lSW«r- •« —*» mtn ____eiB SJL 1 \ \. :n- Vm;. LOCATION 3ALL EXISTING ^X\ <4l.S. TRACK AND;S».ECommunity soccer . -9TH SOCCER^^TBALL \YOik,H FOOTBALL ' EXt^STINQ M.S.'P.E. community SOFTBAL '\SOCCEf PRACTICf I 1 1 4sV ^-----------^ MMO)Q|l^ LOCA?IMI^Rt\ ! UliO|5RQ«l^l«Ol:0|Crf«C \ > te^NGlcRbot sk^bf B(51' 5f -1CJUtTlNO TREES (TYP) HIGHWAY 12 5b •::si 'V•r- ... :> r*1 ’ >>• i*. *v2* \ \ V 75 24 ‘ bRONO rUSLlC SCHOOLS^ PROPOSED *K|MAng — TRAFFIC UOKT CONTROiUR I |a- I?3ufl ii IIz *5 SCAl.E:r *= lOO’-O*I r 0CHI&IT t V-:••:•:•:•:• :---------------------------------- •> >;•' '.fk. 3nK ICT't ''ji /Vj yrmy^" . ' Jf W (.^szrOszyj —Ja.----------i-fe M I ‘ Tf: iv*!. < ■ \ . . % .•N^v •• M • / V • ♦ .• .'^ ' ’V i0M.. i.k 'Jlk \:% 1^ ^ ‘f'} ul4^.t |f- t . » N ■ •> ,■*•-- t I ip;f fr XWr?"rf!^'’-c1 Nww#wii*i>^.i;^ l r V r: V ^ 11 *■ *■ ri . t ■ , f ? .' y ■’ I i*. 'I V-, ‘ -W . ' I - '';'.‘‘ %i i i:x: ^ 1^ f • • ♦#^« !’T » ‘ - • f • *»• •»-' • - i t If I ‘ ■ .'# '• i w #• y . .• *1 • V- -If*. -Jt-^ jfv,-;.., r ----------‘| ................> »tw.f ------------- r co Aim • Orono Public Schools 11/29/04 ir-o” 9*-2* 7*0 ’ 1 1 ..L, ! 1 1 _ L-p ORONO PUBLIC SCHOOLS HOME OF THE SPARTANS t_ T"0C ! n\ } ! ! f ! / 1/ / ( r~ {_ I / r*" f f O L, / \ f ( f t e f r ) I / / I i I /\/! I /__/ 7 / i->} n t'n ; f r 1 I 1 1□j i _ j 1 n □ 1 1 2’-3 ’ 3*-9 ’ SPONSOR PANEL 1 -O' Masonry Bo60 lot Cof^icol On^ (no! !o scote) I'libricatc & Install (1) X S'-O" S/F Illuminated Monument Si^n with LED Message Display. SPEOrRUM SIGN SYSTEMS, INC. nin ELECTR0HIC5 DESIGN ♦ FABRICATION INSTALLMION ♦ SERVICE 2025 Gateway Ctrcle, Suite 2, Centerville. MN. 55038 651-429 8100 (Fax) 651-429-6190 RUN DATE: 12^0/2004 3S 33I1S23I20002 ROPADDR 2765 KEUEYPKWY •WNER NAME PROFESSIONAL PROP ORONO LLP AXPAYER PROFF-SSIONAL PROP ORONO LLP lAME/AODR 835 PARTENWOOD RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 3t 3311823120004 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR 1335 BROWN RD S WAYZATAMN 55391 38 3311823120007 PROP ADDR 2700 KELLEY PKWY OWNER NAME H R A CITY OF ORONO TAXPAYER H R A CITY OF ORONO NAME/ADDR 1335 BROWN RD S WAYZATAMN 55391 38 3311823130011 ROPADDR 2765 WAY2ATABLVDW iWNERNAME VEDA INC ETAL AXPAYER VCI CAPITAL INC lAME/ADDR PO BOX 375 LONG LAKE MN 55356 38 33II8232IOOOI PROP ADDR 765 OLD CRYSTAL BAY RD N OWNER NAME SCHOOL DIST NO 11 TAXPAYER ORONO SCHOOL DIST 8278 NAME/ADDR 685 OLD CRYSTAL BAY RD LONG LAKE MN 55356 38 3311823210002 PROP ADDR 685 OLD CRYSTAL BAY RD N OWNER NAME SCHOOL DIST NO 11 TAXPAYER ANOKA HENNEPIN I S D NO 11 NAME/ADDR 11299 HANSON BLVD N W COONRAPiDSMN 55433 38 3311823220001 ROP ADDR 3200 WAY2ATA BLVD W IWNER NAME S L KAPLAN ET AL TRUSTEES AXPAYER JAMES W LUPIENT lAME/r^DDR 750 PENNSYLVANIA AVE S GOLDEN VALLEY MN 55426 38 3311823240002 ROPADDR 38 ADDRESS UNASSIGNED IWNERNAME THOMAS F JAMES LTD PTRSHP AXPAYER THOMAS F JAMES REALTY LLLP JAME/ADDR C/O JUDITH J SCHERER 7707 T STREET UTTLEROCKAR 72227 38 3311823230002 PROP ADDR 3025 WAYZATABLVDW OWNER NAME ROBERT E & KATHRYN DUMAS TAXPAYER ROBERT E & KATHRYN DUMAS NAME/ADDR 3025 WAYZATA BLVD BOX 607 LONG LAKE MN 55356 38 3311823240001 PROP ADDR 595 OLD CRYSTAL BAY RD N OW^ERNAME JAMES A WINTERHALTER TAXPAYER JAMES A WINTERHALTER NAME/ADDR 595 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 5T 5 u% ■f* ■ r* \ ►4 if < I CERTin^ THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INI ORMATION AS IT APPEARS THIS DATE ON THE RECORpS^ OF THE HENNEPIN COUN H' TAXPAYER SERVICES DEPARTMENJ^TOBIE BESTx ; - - OFMrKNOWU.:UOUANDBEUtP^^__^ v-r. % ■ it\ - > ' f ■, •• r. - o ' c ’. . •••^ •; ■\ • t / Aim - Orono Public Schools Footing 11/29/04 ir-n- 8-0" 9 ‘-2* r-0- i T 11 1 _L1,X1z [ X[ ■ “T ORONO PUBLIC SCHOOLS HOME OF THE SPARTANS [I * ' »_/ f l_l f\l »_ / II I I '\ I I II I ^1 'll 1^ 1^1 I I I I I ' • L.! ! 1^1 T~i iMi r /_/ 7 / II / / / I JJ I 4 .1 in ! I 2’-3* 3'-9* ;-i r-0’ Macnr^lOIC ^Corxeo<0^ ^ K (A:) r^* :i ,:i I X T I—‘ -J;z 1 • j I “I ri 12--0'2-0 ’ SPECTRUM SIGN SYSTEMS, INC. 4* .?S0 Wal Steel Square Tube 4 -0 ‘X12 -0' X2 0' Base with ’ 4' 125" StMl Square Tube Direc! BurisU m Cunciele Mu 4000 PSI with 1 S' Hoitzontal Sleet Angl.f T-O" ori Ceriter DESIGN ♦ FABRICATION INSTALUTION ♦ SERVICE 202S Gataway Circle, Suite 2. CentenUe. MN. 55038 651-429S100 (Fax) 651-429-6190 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay« IVIN 55323 952.249.46J0 ZONING FILE 05-3072 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 25,2005 TO: Orono Public Schools #278 ATTN: Neal Lawson 685 Old Crystal Bay Rd Long Uke, MN 55356 COPIES: TYPE OF REQUEST: Variance & Conditional Use Permit DATE OF MEETING: January 18,2005 Planning Commission voted on a motion to approve the sign size variance and conditional use pennit provided that there is no sponsor advertising on the sign copy. VOTE: 5 FOR 1 AGAINST *Commissioner Bremer opposed the motion as proposed indicating that she had no issue with the sponsor panel portion of the sign. Applicant ’s next scheduled meeting is confinned as: City Council - February 14,2005 - Meeting starts at 7:00 pm If you desire certified eopies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please eaU City Planner, Melanie Curtis at 952.249.4627. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3072 NOTICE OF COUNCIL ACTION DA’I'E OF NOTICE: February 23,2005 TO: Orono Public Schools District #278 685 Old Crystal Bay Kd N Long Lake, MN 55356 COPIES: TYPE OF APPLICATION: Coiidmoiial Use Permit & Sign Varianctf DATE OF MEETING; February 14,2005 VOTE: 5 FOR 0 AGAINST Motion: To approve the sign size variance and conditional use pennit as proposed, adding that conditions for the standards and use of the sponsor panel are to be drafted by Planning Department Staff for Council review and approval at the February 28,2005 Council meeting. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review oy the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than one year froni (Fe date of approval. If you de.sirc certined copies of the official Council minutes, they are available from the City Clerk alter review and approval by the City Council. If you have cpieslions please call Melanie Curtis, City Planner, at 952.249.4627. t ^ A\ \ yOROHOr.f Karen ORCun Superintendent N cal J Lawson Assisiani SUPLRINICNOCNI Aaron m N uhianp DiKU lOR or Lr AMNING & AcrooNiAim iiY oruno Public Schools District N o. 278 District Otfice 685 OLD C rystal Bay Road N orih . P O Box 46 Long Lam . MN 553560046 TLLEPHONE 952-449-8300 Fax 952 449-8399 www.orono.k12.mn.UB AN equal Opportunity Employer February 28, 2005 Orono City Council 2750 Kelley Parkway Crystal Bay, MN 55323 Orono City Council: Thank you again to the City of Orono staff for their assistance in this variance process. We have read the resolution for the propo.scd sign and believe the spt>nsor panel itself restricts what can be displaved, because of its location, two feet aIvTve the giound and its si/e. one foot by eight feet. However, we are not in disagreement with the stalTrecommendation stated in the resolution. Unfortunately, the Orono Board of iiducation meetings are held on the same nights as the Orono City Council and there.'''>re we are not able to attend this meeting. The Orono Board of Education diu reschedule the February I4‘'' meeting .so Karen Orcult, .Superintendent, John Osllund, Coordinator of Building and Grounds and myself were able to attend that City Council meeting. We do not believe there ’.s anything we cal’ add to the discussion and respectfully recommend a**proval of re.solulion, as written, pertaining to the Orono Sc Ihht Is’ sign. Sineerely, Neal J. La\\*son Assistant Superintendent for Business D mIc Application Received: 12-22-04 Dale Application Considered as Complete: 1-12-05 60>Day Review Period Expires: 3-12-05 REQUEST FOR COUNCIL ACTION ^rN»»*ir*n •«r"CTlM%3 r cii 8 2005 CM Y ur unu\"J Date: I'cbruary 24,2005 Item No.: ~7 Department Approval: Name: Janice Oundladi^ Title: City Planner Administrator Approval:Agenda .Section: Zoning Item Deseription: #05-3079, Peter & Nicole 'I'honias, 1385 Orono Lane, Variances Zoning District: Lot Area: Lot Width: LR - 1 A, One Family Lakeshorc Residential District (2 acre minimum) 1.387 acres (30,435 s.f.) 428 feet @ shoreline; 294 feet @ 75 foot scioack List of Exhibits A - Resolution B - Council Action Notice of 2-16-05 C - Council Minutes of 2-14-05 Application Summary: Applicant requests tlie following variances in order to construct an 8’ x 11 ’ landing/deck above the exi.slir.g mechanical equipment on the lake side of the home: 1. Hardcover variance to permit 10.79% hardcover within the 0-75' lake setback zone when 0% is allowed and 10.79% currently exi.sts. 2. Lake setback variance to permit the landing/dcck to be located approximately 56’ I’rom the OIIWI. of the lake when 75’ is normally required. At the February 14, 2005 meeting the City Council voted to approve the request as submitted stipulating removal of 100 s.f. of driveway within the 0-75’ zone. Staff was directed to draft a resolution approving the request, vdiich is attached as iixhibit A. COUNCIL ACnON REQUES l ED Adop* the attached resolution approving a hardcover variance for the 0-75’ zone and also a lake setback variance to permit construction of a wrouglit iron deck within 75’ of the lake. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279, 78-1288 FILE NO. 05-3079 WHEREAS, Peter M. Thomas and Nicole M. Thomas, husband and wife (hereinafter “the applicants”) arc the owners of the properly located at 1385 Orono l.ane within the City of Orono (hereinafter the “City”) and lejtally described as follows: See Attached Exhibit A (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for »'.»rianees to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to permit construction of a wrought iron deck within the lake yard requiring a 0-75’ zone hardcover variaiice to permit 10.79% hardcover when 0% is normally allowed and 10.79% currently exists and also a lake setback variance to permit a lake sctbacK of approximately 56’ when 75’ is normally required. NOW, IHEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File (<05-3079. The property is located in the LR - lA zoning district, which requires a inininuiin lot area of 2.0 acres. Hie applicant’s property is approximately 1.387 acres in area. 3.The I'ianning Commission reviewed this application at a public hearing held on January 18, 2005 where a motion to deny yielded a lie vote. The City Council reviewed this application on February 14, 2005 and voted 5- 0 to grant approval of the variances based on the following findings: Page 1 of 6 i a. Because the wrought iron deck will be placed over existing mechanical equipment, no further negative visual appearances from the lake will result. b. The mechanical equipment will restrict the deck from becoming anything other than wrought iron, which is almost entirely permeable. c. The deck will not be any closer to the lake than the existing lake yard encroachments, which were approved by variance Resolution H4604. d. The removal of 100 s.f. of driveway within the 0-75 ’ zone with benefit the lake much more than the addition of the proposed wrought iron deck that is almost entirely permeable. 4. The City Council has considered this appl.cation including tlie findings and recommendation of the P’anning Commission, reports by City staff, comments by the applicant and tlie public, and the effect of tlie proposed variance on the health, safety and welfare of the community. 5. The City Council finds that tl»e conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variimce would not adversely affect trafllc conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely seive as a conveivence to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is nece.ssary to prc.serve a substantial j'roperty right of the applicant; and would be in keeping with the spirit and intent of tlie Zoning Code and Comprehensive Flan of the City. CONCLUSIONS, ORDKR AND CONDITIONS Ba.scd upon one or more of the above findings, the Orono City Council hereby giants a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to permit construction ol a wrought iron deck within the lake yard requiring a 0-75 ’ zone liardcover variance to permit lw.79% hardcover when 0% is normally allowed and 10.79% currently exists and also a lake setback variance to permit a lake .setback of approximately 56 ’ when 75 ’ is normally required, subject to the following conditions: Page 2 of 6 1. Council iipproval is based on the site plan siihinitted by the applicant and annotated by City slaiT, attached to this Resolution us Exhibit B. Any unicndments to the site plan which are not in eonfbrniity with ('ity c<'des will require further Plaiinin^ Commission and City ('oiaieil review. 2. Hardcover in the 0-7S ’ /one .shall not inerea.se above the 10.79%. Hardcover in the 75-250 ’ /.one shall be limited to 7,43.1 s.f. or 26.76% per the proposed plan and hardcover allowance .summary as depicted in Ke.solution /M604 and on Exhibit H. Applicant is advi.scd that any future requests to increase hardcover or change the nature of cxisting/approved hardcover shall require ('ity approval, and increases in liardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all phcstic oi fabric liner material from the decorative landscape beds on the pro|K*rty to ensure llicir jKnneability as non-hardcover surfaces. 4. The applicant shall remove 100 s.f. of driveway bituminous within the 0-75 ’ zone as depicted on l’)xhibit H. 5. Applicant is advised that the intent of the City Council is to not allow the wrought iron deck to be converted to a poich of any kind, and any future variance request to do .so is not likely to be approved. 6. Ke(|uired removals of banlcover shall be completed by the first inspection of tire propo.scd wrought iron deck. 7. Autluirities granted by this lesolution run with the property not with the applicant, but are permissive rmly and must be exercised by obtaining a building permit lor the new constiuction within one year of the dale of Council approval, or the variance will expire on that dale (l•ebruary 2H, 2006). 8. Violation of or noii-conipliancc with any of the terms and conditions of this resolution .shall coiustitutc a violation of the zoning code, .shall automatically terminate any authority grained herein, and sliall be punishable as a mi.sdcnicanor. 9. Tlie undersigned applicants have read, understand and hereby agree to the terms of this tc.solulion and on liehalf of the applicants and the applicants' heirs. i’agc 3 of 6 successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28'*' day of February, 2005. A'lTBST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN I'he foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf ot the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 Slate of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this__day of by Peter M. Thomas, husband of Nicole M. Thomas. .2005 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Nicole M. Thomas, wife of Peter M. Thomas. day of ,2005 Notary Public Page 6 of 6 Exhibit A LOTS 1, 2, AND 3 AND ACCRETIONS AND REUCTIONS THERETO. AND THAT PART Of THE VACATED STREET, ALL IN 'HOMES ON BROWN'S BAY", AND THAT PART OF GOVERNMENT LOT 3. AND ACCRETIONS AND REUCTIONS THERETO. IN SECTION 2. TOWNSHIP 117, RANGE 23. ALL DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF LOT 3 IN 'HOMES ON BROWN'S BAr. THENCE SOUTHEASTERLY ALONG THE NORTHERLY UNE OF LOTS 3, 2 AND 1 IN 'HOMES ON BRO?/N'S BAY" A DISTANCE OF 267 FEET; THENCE DEFLECTING TO THE LEFT 106 DEGREES 03 MINUTES A DISTANCE OF 41.55 FEET TO THE NORTHERLY UNE OF 'HOMES ON BROWN'S BAY" TO THE PcjIMF OF BEGINNING: THENCE DEFLECTING TO THE RIGHT FROM THE NORTHERLY UNE OF 'HOMES ON BROWN'S BAY" 16 OEGREES 30 MINUTES A DISTANCE OF 31.35 FEET; THENCE DEFLECTING TO THE RIGHT 31 DEGREES 15 MINUTES TO THE SHORE OF LAKE MINNETONKA; THENCE SOUTHERLY AND WESTERLY ALONG THE SHORE OF LAKE MINNETONKA TO ITS INTERSECTION WITH THE EXTENSION OF THE WEST UNE OF LOT 3 IN 'HOMES ON BROWN'S BAY" THENCE NORTH ALONG THE EXTENSION OF THE WEST LINE OF LOT 3 IN 'HOMES ON BROWN'S BAY" TO THE NORTH ALONG THE WEST LINE OF LOT 3 AND ITS EXTENSION, IN 'HOMES ON BROWN'S BAY” TO THE NORTHERLY UNE OF "HOMES ON BROWN'S BAY". THENCE SOUTHEASTERLY ALONG THE NORTHERLY UNE OF "HOMES ON BROWN'S BAY" TO THE POINT OF BEGINNING.- RECORDS OF HENNEPIN COUNTY, MINNESOTA ttrLOnr-EXHIBIT B 10* ic •OHTMCASTERLY LINE PLAT or •homes ,1 BR0\MT5 BAY* M" ASH 3f.0d or * (PW CY) 48' •P B3t.18 r ELM AREA = :res 4 930.80 5^ W!HO< 4A930.41 J4 930.05 OV 6" WLLOW \ 9 932.84 ♦ 932 76 fi $ ON BROWN S -*• / C8 FILLED VHTM V^TFI 4 933 42 933.56 4 933 36 ^ ®33.75 RIM 932.1 4 932.48 ^ Q32^g7 i933.0S 4 932.14, 933 86 /933.33) f932.96 4 932 62 22* ASH 4 934.39 4M4.80 V ^ 933.: L4* OAK*^4 932.76 BllliMlNOUS DRIVEWAY 940.39 z 4 932.35 26.01 4mi>«R ^8^ EJ' STONE FADO aaow T 78.77 EVATWM ISTIHC RtaOCNCt ORONO LANt^/ "“=»s5r”' S7 84 i1 1009 6* CEDAR li‘ BlI^C^S^HCRR’ CONCRElTsitPS \f \ ~~——r*onT APPAOYIMATE SIZE h* U?C^AnOAi op PJZOWED VAlpOUEfNr IRoaJ P60C.- /^)aA;Pl^^^J STAjps not to Exdeep io4)s.f. X ^y OOO 93277 CONC(;PTE STEPS 10" MACKBERRTy 16’ HACK!I I .07 O 20" HACKBJ / SHORELINE OF NOTE: APPRO»MATE rOOTAGL ON LAKE MINNETONKA - A427 56 FU T. ft CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: //05-3079 NOTICE OF COUNCIL ACTION DATE OF NOTICE' February 16.2005 TO:Peter & Nicole Thomas 1385 Orono Lane Wuy/ala, MN 55391 COPIES:James B. Meisler 4748 Nicollet Avenue S Minneapolis. MN 55419 TYPE OF APPLICATION: 0*75 ’ Hanicover Variance. Lake Setback Variance DATE OF MEETING: February 14.200: VOTE: 5 FOR 0 AGAINST Motion: To approve the request as submitted stipulating removal of 100 square feet of driveway within the 0-75 ’ zone. Staff will be drafting a resolution of approval for adoption at the next City Council meeting. Applicant’s next scheduled meeting is conflmied as; City Council - Monday, February 28,2005; meeting starts at 7:00 p.m. If you desire certified copies of the officiai Council minutes, they are available from tlie City Clerk alter review and approval by the City Council. MINUTES OE THE ORONO <i l'Y COUNCH. MEET ING Monday, Ecbniary 14, 2005 7:00 o'clock p.ni. panel remaining, and noTT'lPfliiii iinlarl llir ing|inii r in favor of llic sign as proposed, willulu oilier coiidilions being imposed on the sponsor pa Muridiy suggested the City be imotTlTic right of administrative review if cbarniesarTm^^ Vf)TE ON XUR'lClmW, MOTION: Ayes 5, Nays 0, W05-.1079 NirOEE AND PETER THOMAS, I.W5 OKONO LANE - VAKIANCE i’eter I homus, Applicant, and Jim Meisler, Applicant, weic picsent. Gundlach staled llic applicants are requesting variances in order to cniisirnci a 8’ x IT landing/dcck above the existing mechanical equipment on the lakeside on the home. The property is located at 1385 Orono I.ane, with shoreline on two sides of the lot. (iimdlach noted a hardcover variance is ic(|iiired to permit 10.79 percent hardcover within the 0-75’ lake .setback zone when 0 percent is allowed and 10.79 ))cicent ciiricnlly exists. The applicants have propo.scd removal of 100 .srpiare feet of driveway within the 0-75’ zone to offset the proposed deck. Staff found the proposal reasonable as the applicant is not proposing to incrca.se the total amount of hrirrlcover within the 0-75’ setback zone and the liardships found under the 2001 liardcover variance remain unchanged. Tlie Planning Commission had a tie vote of 3-3 on a motion to deny the request. Tlte Commissioners who voted to deny the variances felt that approval of a tiadc of rion-.stnrctural hardcover for stnictur;il haulcovcn would not be consistent with past hardcover variances. The ('oimnissioncrs in favor of the request felt that becaii.su the ileck would be wrought iron in older to siippoil the AC niechanical equipment undeineatli, l emoval of iJie iion-structuml hardcover was a better end result in terms of storm water infiltriition on the lot. Sansevrre moved, Peterson seconded, to direct Staff to draft an approval rc.<tolutioii for Applientioii 1105-.3079, 1.385 Orono Lane. PAGE 14 r , r * MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14,2005 7:00 o’clock p.m. Moorse stated since the wrought iron deck would be considered structural coverage, he would recommend that the applicant be restricted from coming in the future and requesting that the landing be converted into a three-season porch. Thomas indicated they have no indication of converting the wrought iron deck into a tlu'ee-season porch. Peterson inquired whether there was any public contment concerning this application. There were no public comments. VOTE: Ayes 5, Nays 0. 7. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST - PUD - CONOKPT PLAN REVIEW Gina Carlson^chitect; Philip Carlson, President of Interspace West; Dan Larson, Engineer, Kaplan, Attomey-a^^w, were present. Gundlach stated the applmtets are requesting a B-6 PUD General Concept Plan apyloval, Preliminary Plat and a Commercial Site Plai^ltoroval with easement vacations in ordey^onstruct of 20 units of office condos on approximately 2.6 acr^j^ated at 2060 Wayzata Bo|irevard West. The proposed condos are two-story walkouts containing apprthv-iately 34,18^^uare feet of gross square footage. Each building will contain a walkout level, a main fld8fcJei^. and a second story mezzanine. Gundlach stated the PUD process requires a genera^^ncepT^an stage and the general development plan stage, which is similar to preliminary plat apo^^al and final plat^fa^oval, with the Plaiming Conmiission reviewing both stages. Gundlach stated the property waj^ned and platted B-6 PUD as part of tlie Woods Senior Housing Development to the direc^Mt. Approval of this project would include amending rajD Agreement No. 2 as it relates to the n^wapplicant and the new project. Gundlach gave a brief history on ^^rior project proposed fo|p^s site, which involved an office condo development that was looked upon favowjly by the Plaiuing Commission and the City Council. Ultimately the office condo project was never given final PAGE IS b Date Application Received; 12-19-04 Date Application Considered as Complete: 12-19-04 60-Day Review Period Eipires: 2-194IS extended to 4-18-OS C^OiiMr>ii ••rcTiMG FEB 2 8 2003 CITY OH OK'J.'.'J REQUEST FOR COUNCIL ACTION Dale: February 75,2005 Item No.: 8 Department Approval:Administrator Approval: Name, Title: Mike GafiVon, Planning Director Janice Gundlach, City Planncr^])fj\ Agenda Section: Zoning Item Description: //05-3080, Interspace-West, Inc., 2060 Way/ala ITouIevard West General Concept Plan Approval Zoning District: Lot Area: Lot Width: D - 6, Highway Commercial District PUD, Planned Unit Development 2.637 acres (114,868 s.f.) 191 feel Li.Hl of Exhibit.*) A - Council Action Notice dated 2-16-05 B - Interspace-West, Inc. Proposed Building Plans C - Orono Ambar Office Building Plans Approved 3-12-01 D - Ravia Real Instate Building Plans Approved with Stipulations in June of 2003 E - B 6 Architectural Standards, Section 78-797 (9) Application Summary: 1 he applicant is requesting the following in order to construct 20 units of office condos on 10 lots and one common lot to be known as Siigarwoods Office Center: 1. B - 6 PUD General Concept Plan approval, 2. Preliminary Plat approval in order to create 10 units lots and one common lot, 3. C.'ommcrcial Site Plan approval, and lastly 4. Ea.sement Vacations in conjunction with dedication of new easements. The applicants have propo.sed development of 20 units of office condos on approximately 2.6 acres located at 2060 Way/.;»ta Boulevard West. T he proi)osed condos will be 2-story walkouts containing approximately 34,186 s.f of gross square footage, liach building will contain a walk ­ out level, a main floor level and a .second story me//anine. Approval of this project will first require General ('onccpl Plan approval, Prelimiiiitiy Plat approval and Commercial Site Plan approval, followed by General Development Plan, Easement Vacation, and ImikiI Plat approvals and an amendment to PUD Agreement No. 2A. The applicants have not submitted any additional materials for staff review at this time. However, tlicy are requesting further discussion regarding their proposed building designs and architecturni style. The applicants designed their buildings in accordance with the D - 6 architectural standards found in Section 78-797 (9) and attached as Exhibit E. While informal discussions relating to the future development of existing Highway 12 have occurred in recent years, no detailed architectural design standard have been formally adopted into the B - 6 zoning district, which was drafted specifically for the Highway 12 corridor and approved in February of 2001. Due to the PUD designation there may be some merit in attempting to achieve the design standards envisioned for the west end of the Highway 12 corridor with this site. However, staff feels sonic discussion should take place as to the connectivity of this site to the new development along Highway 12 between Willow Drive and Old Crystal Bay Road, and how and if that same architectural style should extend eastward from Willow Drive. Staff feels this is important in an effort to justity, tlvough the PUD process, reasons for imposing a more restrictive architectural style standard than established by the B - 6 regulations. For the purposes of discussion, staff has attached the plans from the Ravia Real Estate proposal which gained general concept plan approval for 42,000 s.f of office condos in June 2003 and al.so the plans submitted by Orono Ambar, LLC which also gained general concept plan approval for 25,000 s.f. of office space in March of 2001. With both of these proposals, the developer choose to not move forward following general concept plan approval by the City Council. Ravia Real Estate backed out prior to the drafting of documents where Orono Ambar, LLC has a signed and adopted Planned Unit Development Agreement known as 2A, of which the applicants have proposed to amend. Building Height: Staff is attempting a comparison of the building elevations and actual height above exi.sting grade for the Interspace-West, Ravia, and Orono Ambar proposals. We will have more definitive information for Monday’s meeting, but it appears at first blush that the two prior approved plans had peak heights higher than the current proposal. COUNCIL ACTION REQUESTED While no formal action is requested at this time, the applicants should be given clearer direction on a preferred architectural style specifying precise design parameters including exterior finishes, roof pitch and material, window/glass locations, orientation to the Sugarwoods residential development, etc. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #05-3080 NOTICE OF COUNCIL ACTION DATE OF NOTICE: February 16.2005 TO: Interspace-West, Inc. P.O. Box 184 Wayzata, MN 55391 COPIES: TYPE OF APPLICATION:General Concept Plan DATE OF MEETING: February 14,2005 VOTE: 5 FOR 0 AGAINST Motion: To table. The Council requested the following revisions: • Incorporate a more rural, non-European architectural style, • Illustrate views and/or sections of the proposed buildings as seen from various angles of the Sugarwoods residential neighborhood, including landscaping and screening, • Address engineering comments with regards to the parking layout including the issues outlined in the attached memo from the City Engineer dated February 14, 2005. 60-Day Extension Notice. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on December 19, 2004, and was deemed as complete upon submittal. The 60-day review period would end on February 19,2005. However, because additional information has been requested and because you: application has been tabled to the February 28,2005 City Council meeting, the earliest scheduled date of final Council action falls after the 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to April 19, 2005. yvpplicant ’s next meeting is tentatively scheduled for: City Council - Monday, February 28, 2005 pending .submittal of the above requested items; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they arc available from the City Clerk after review and approval by the City Council. 1 I A --■ f Jr c t» \ ^r <• I A *.'.V.. ft •f#iiirs?i! mu S)‘,; iu:!,i!uTi;.'iT3E^ .9 ' •• .■ j, ' A. ^,ii I ■ ,. . » , .f ".^.•. i -;v. r /•;; s ■. '^ '-j. ' v'/^ •' ' -V ;• '"^V^ .g-rnmmrn ...Cw ;,.j:^.V;;».^;>»...^y. 0 d W IiJgJa 1 igis r-# Mi# I ”i^NaSisli L .:^';:2'r<'^A inrr!>^. V. .• . •••• • ■ . '••••* •• ■> “•/•;»t • A / / tr ... . / . i '*? >/./ - /•■■^ :/iv,- ' / . ■:/ 5*- < v>* V 9 i :SI MM W ir.^ p8| asiijs ft 1 ss ■:.r'- iSr- i-';. ><'V "ft.. ■-■.v..:/V. U! VI. o?7 » " 1^' •V ■ ? A. . JI Av: /M • ''j.*'- •*■• C*‘ ■t rJ jfc '■.'vi'm ■ ’ -'^> ^ C'v" LA'A'i . » iii lV.^’ • S»<-7 r ^sSBy^fC^^ Sfipfr' I \ ./, -, JJ !r>«5'. S5,'V<- ^ ’3 1 m sai' ;i5i-■'>■->'PSi •#ii ♦ ? EA3T B-EVATX3N !/•' • 1^0' J. y I i NOmH bjevatton !/»’ - I'-O' |V| i. EXHIBIT D 5«>p5' ASryjLJ syzsaS, Rccrsc Tivna 9.syxATjiC class W AVCOrtD ALUUl.SVW ruus 7 TCSZ fAcz excx \^tzR CCCC^TVE ccxcrt :t BUOOC B^SZ / rcVNCATlCW IKMJL asphalt S>“NCLE k:c *--sc ortrcH »*svLAncN rxSH srsTZy TSTIO IKSUIATWIC CLASS l*i ASCCIZI3 ALUUtM^ rRAiiss 2 T:.n£ rxrs BTOC VENECIA C£rC^An\t CC-SCRTX P.CCX BASZ / rcuNiAro. laa. CETV-CAr-C*< r-T.ArcHS Architcciural standards. n, c. d, c. It is not the intent of tlie eily to rc.strict tiesign freedom unduly when reviewing project architecture in connection with n site and building plan. I ..;wcvcr, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding .structures and neighborhoods. Architectural plans shall be prepared by an archi'cct .>r other qualified pei;>ou.s acceptable to the city and shall show the following for all structures in the M-6 district: 1. 2. 3. 4. Idevalions of all sides of the building. I'ype and color of exterior building materials. A typical floor plan. Dimensions of all sli uctui es. 5. llic location of trash and recycling containers and of heating, ventilation and air conditioning c(|uipincnt. Unadorned prestressed concrete panels, concrete block and unfinished metal .shall not be permitted as exterior materials for principal and accessory buildings. I his restriction shall apply to all luincipal structures and to all aeee.ssory buildings, fhe city may, at its di.scrction, allow architecturally enhanced block or concrete panels. Accessory buildings .shall be arehiteetuially compatible with principal structures. Accc.ssory structures for trash and tra.sh handling equipment shall be construetv'd of the same building material as the principal structure and be readily served through swinging doors. All rooftop or grouud-nuniiital mechanical c(|uipmcnt and exterior trash and recycling .storage areas shall lie tully enelo.sed or .screened .so as to imt be visible with materials compatible with tlie principal .sliuctiiie. Undeiground utilities .shall Ik' provided for all new iiiui .substantially renovated .siiuetuies (the term "substantially renovated" .shall mean when the renovations exceed 10 peieeut of the prerenovation value ol the structutv). (Code 10X4, § 10.45(b); Ord No. 201 2nd seiies, § I, 2-I2-200I) A|}pllcalion Siibmiticil: December 22, 2004 Incomplete Leltrr: Jiiiiiary4 2005 Application Complete: Jaiiuar>' 10, 2005 60-Day KcvicwKxpinillon (Site INan): March II. 200S-Extended OH 2-1 S-OSIoS-IO-OS FEB 2 8 2005 120 Day Review Kx|ilratlon (Subdivision): May 20,2005 CITY Oh OhCJiv J REQUEST FOR COUNCIL ACTION Date: February 24,2005 Item No.: Cjj Department Approval: Name: Michael P. Gaffron Title: Planning Direclor Administrator Approval:Agenda Section: Zoning Item Description: «05-3081 ‘•Slonebay LoOs” - Outlol E, STONEBAY (**2670 Kelley Parkway ”) 1) RPUD Amendment / Site Plan & Building Plan Approval 2) Final Plat Approval Application Status: This item was tabled at your February 14 meeting pending submittal of revised plans that accomplish the following two Council dircctivcs/goals: 1. Provide all required parking on the site, with at least 90% within the building. 2. Add a second elevator. Applicant has submitted revised building & parking plans, and data supporting the use of a single elevator. List or Exhibits A - Revised Submittals: A1 - Revised Plan Set A2 - Elevator Distance Analysis; Unit Layouts; Parking Analysis B - Notice of Council Action 2-15-05 C - Memo and Exhibits of 2-10-05 Discussion Elevator. The new plans show a single elevator relocated to the interior hallway comer, which places its doors 240' from the most westerly dwelling unit.s and 190' fitim the most northei ly units. Ncillicr tlic zoning code nor the building or lire codes would require a second elevator for this building. Council’s request for a second elevator for the building is therefore in the realm ofa ‘quality of life’ question. Adiling a second elevator and rcticsigning the unit layout to optimize the distance to elevator for the greatest number of units, would at best result in all units being within 11 O'of an elevator. In the current I-elevator proj)osal, about halfofthe unit.s are within 1 lO’ofthc elevator; 39 of56 arc within 150'ofit. The larger, more desirable end units are most distant from the elevator. In the parking level, end stalls would be 200 ’ and 260' from the elevator. The cost factor is a concern of the applicant, as adding a second elevator adds a|)prox imatcly $ 1,000 per unit to the cost ofthe buililing. Council should consider whether the value gained by adding a second elevator is worth the additional cost that will accrue to each unit. #05*3081 Sloncbay Lofts February 24,2005 Page 2 Applicant has provided a door plan for his similar si/c condo building in Golden Valley, which uses a single elevator and has a niaxinium distance to elevator of295*. Staff would note that a single elevator is common in buildings of the size proposed in Stonebay. 'lire 62-unit Orono Woods Senior I lousing bui Iding has one central elevator, and the end units arc 290' from the elevator. John Shardlow, the City’s planning consultant, has indicatal that it is quite nonnal for a buildingof this size to have just one elevator, and that requiring two would be unusual. UnjtMix. Applicant has provided floor plans for the various unit styles, showinga .somewhat revised unit mix: Old Mix 24 units;‘Oak wood’- 1362 s.r. -1+ bedrooms, 2 bath 3 units:‘Birch ’- 1549 s.f.-2 bedrooms, 2 baths 18 units;‘Elmwood’- 1591 s.f. -2 bedrooms, 2 baths 11 units:‘Aspen ’- 1653 s.f. -2+ bedrooms, 1 bath 1 unit; 57 units Guest suite - 1250sf± New Mix 18 units:‘Maplewood ’- 1365 s.f.-2 bedrootns, 2 bath 26 units:‘Elmwood’- 1600s.f.-2 bedrooms, 2 baths 11 units;‘Aspen ’- 1731 s.f.-2+ bedrooms, 2 baths 2 units:‘Corner suite ’- 2038 s.f. -2+ bedrooms, 2 baths 1 unit: 58 units Guest suite - 476 s.f.-(1 bedroom, 1 bath) In this plan the guest suite is down to a hotel-room size, with 57 actual dwelling units. This will bump up the parking requirement to 2x57 =114 parking stalls. i^irking. Applicant has submitted revi.sed building lloor plans placing 95 stalls (83% of the 114 stall requirement) witliin the building, and 23 stalls in the parking lot within the property boimdat ics, for a total of 118 stalls, resulting in a 2.07 stall per unit ratio. They have also shown “proof of parking ” for 3 additional stalls at the west end of the outside lot, which could be constructed in the future if needed, yielding a potential total of 121 .stalls or 2.12.stalls per unit. The community amenities have been .sbi tied from the basement level to the first stoiy, at the s;inic interior comer, with a dcck/patio extending out from the first lloor level. John Shardlow indicated that requiring 2.0 stalls per unit on thesiteisquiteconimon,and that somecities are re(|uiring that 50%, or I stall jwr unit, be in the building. I laving 83% of required stalls in the bin Iding would be an unusual benefit to the condo owners. [■ ffOS-3081 Sloiwbay Lofti February 24,2005 Page 3 Issues for Consideration Council should review the submitted revisions to identify any specific concerns you believe need to be addressed. As a minimum, Council should address the following: 1. Acceptability of parking proposal. 2. Whether one elevator or two elevators will be required. 3. Any other issues of interest or concern - please review the February 8 memo and exhibits. Staff Recommendation StafTrecommends conceptual approval of the revised plans including the revised parking plan, subject to satisfaction ofany minor issues noted in this or prior memos. A second elevator is not required bycodc for this building, so Council should decide whether it will be required. If Council accepts the proposed site and building plans, staff will draft a Resolution for General Development Plan Approval Amendment and Final Plat Approval for adoption at your February 28 meeting. The project will al.so result in a new Developers Agreement, between Orono and ZB Construction. It should be noted for the record tliat tills building isbeing approved as acondominium for individual unit ownerships and is subject to the provisions of Minnesota Statutes Chapter 515B regarding Common Interest Communitie.s. A CIC plat and declarations will be filed witli Hennepin County by the applicant in order for the units to be sold individually. COUNCIL ACTION REQUESTED Review the proposed Lofts plans and i f acceptable, direct staff to draft final approval documents for adoption on March 14. 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MINNESOT A LANDFORM nrnAMT nojKiNa cooironoio nmm4K Qopher State One Call *ni CHI c«cA ■ ««r iwe;' (A4 rm MM* CV MM TTTIE SHEET co.i Sp5fc3?83iSwf PEtlMUi oatrMUfm ntojtciNQ tmoouK —..........WWtAItp WiaAlf) ■_______________________ i <>" S-.^ ' K ii n I'Ve ^-*“V-V-i » n k'r;j /!. r 7-n ? / ..JSJww r ft wwf»f I r / \ ' ■"/y <«! \ ___^^r,r _ ^ \ 1 - ^"^smfmmm. • ■ ■ ! . i 4_________.-'Tid i>r« . v^4r ,*-l j"! 1 '•‘■.•'I ■ ••( ‘v»tns#iM** use » *•' <vi aemn I, ^ tit WMi inr>- -Mor* acM- tmmvMt' «CN>V V / * I ij *».. I_____ I______ / 'A •w i«n ikft|i*lfe*' 11«» * urtne I ^ ___ Kme» --1 —-j—tJZT:T >. J', mitr PAflrauY •,*.-• •• »■ /; // ^0 NOTES!•«>'••• - -••j j '.' >V'.' 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Font LPMP !»} app LANDFORM NINNfAPOLIS.FMOCNIX «PWNh»*MM,■wS^Misvr ftf naac aomoum rvoutciNOi mPMOUBC nteUMMARY aiTEPlAN C2.1 H1MNtAPOL1S • PHOe M1K mrniSSZTSmm SSmSSm *- flf MMM caofwouim rwojtam vmuauBL mmp CA51WC ♦nv KM *rr CM «n*>9-mtt tor «r CM C«r*4 9-ino-h a>M K»%n «•“ CM («M 9- mo * cm «M too ;r CM c»• mo fc nnrmm -*M»ii fiMM incca M«u Tcr-or»noor-i4r.a* JUi fVTTT'^TTTTTf^ itMiiHiiirf SS^.Bm■ ■■■I ■■■■;■■ lllfljilllifjliiijiiilill^ i{sijijili|j:ii;iiiiiiill^ >—HM'__1: nr* ■• :r*'•' imisaJHSillil * ____M -t ...n !i! mm. ■iii iiilli HiP'^-«A23tC>l94‘-6* TMWD-FLII.»l3y-0* n«ST-n.K.>icxr-o* uoewawp »PAniuNa>4o ‘» j* «TM W»H aiTf EXTERIOR FINISH MATERIALS DARK STONE -PRAIRIE BLUFF BY BOLDER STONE PRODUCTS LIGHT STUCCO PANELS BY JAMES HARDI PRODUCTS ASPHALT SHINGLES W/ SHADOW LINE SUPPLIER AND COLOR TO BE DETERMAINED @ EAST-ELEVATION A-3y rti5* MM« Htm iiutca pwnt A . r"" ‘v y ••k«jS£d[ir2£^ -A-. li®WHm ie£:0£^fgL e t?4 _»:.. X !li ■■i-i!' ■■ uH ■III sg&oNP>i\ w ■ iri'-^ Mmeism PIH3T rta-»c»-cr -PAatCNS-^a*.)*4- @ >N£5T-ELEVATI0N A-3y |*SI5' HErL?^Y;.v?<Si!Fi'i?iS' ImMiiiih ^■ III li SS'3SJ|»; ''fill EESlBgiB iiii :=« III- Mini ; «V''i|i|||i • ;;'£==£: Jii;: ■••III hiiihI ,!. £BSa uni iW ^Mi iruta WM9.I 0 H ^I pI b "li'iiiii ai'lfi ■Hi__.'i III HHII. . «;;:JlUIII ■ A fT' ■■ ■‘T“ “^I *r»<»v*« TWrtxiii -li! (•f: i .‘ir.-ivr»v*r.Ni.ki llL.| J,Ill:it;iL";-»i;."" iiipa||g^s:iiiiii|||iLiii Mjglfll nn»T-n.n •ooror \MVtmemD. -raiucin»«4o*>9* SOJTH-ELEVATION r*iy 0) V- V) lU H X O5^ Is o ^ ii - £ si ^ Ulo 0z §o >- <ca lUz vO k mu 4«f-icr 44^-^ 9/^4«r-ft i/or L<Lkj ai€ V if 3ib''<* ■r 1 ._________________ _____ PATIO ARCA 1 W >/ i 40-0^ 9rr-z •ar-<p :iiiiii!:^,ii: 1 1 1 r !“■11 1 _ t ... .A^.__Ask.__As_A^1^11 MAPLEWOOD lA • 1365 SP N ELM^NOOD IB * \^nn e.F ^ cfxLma^ ■ ~'y. <• 1 ■ ELMINOOP 2A « Ifeon s r TcS35^-------------------- _L ASPEN la * 1731 S F V ceunas ' K Com paiuBi/ Inc. /\2.3 10300 10th Ave. N. • Plymouth. MN55441 TeUphone 763-545-1200 • Fox 763-545-1! 12 DATE: TO: February 16,2005 Michael GafTon Planning Director, City of Orono FROM: Arnic Zachman ZB Companies, Inc. SUBJECT: Medley Hills Homeowner Demographic Dat.i Mike, as per your request I have updated the following demographic data for the Medley Hills Condominium wc recently completed. Prooertv Data ►Number of units 56 >Number of residents 88 >Number of underground parking stalls 80 >Number of outdoor parking stalls 28 >Total number of parking stalls 108 >Total number of parking stalls per unit 1.9 Vehicle Data >Number of units with 2 cars 19 >Number of units with / car 36 >Number of units with no car 1 Residential Data >Numlicr of retired residents 53 >Number of residents employed full time 22 >Number of residents employed Part time 13 >Number of seasonal residents 20 Please review, ami call me with any qut^sfimis or concerns you may have. I will look for\vji:(J following up with you^fave a great day! ^mie'^^hman Pre^idcnti-ZB'Companies, Inc, 9 • •4 ..X —X I X I i / li j. X- X. I t X X- X-I / 2. f -V JO / X I / X 2 I / X X / f! X ' ’ X .2 X .J j2- £>. :... r 1^ ■* ‘ .%}■ . i i / / .> X. X X / X. MEDLEY HILLS CONDOMINIUM HOMEOWNERS UNIT V|-nv • I .1 / X I a / j I I X / J. f -L JL X JU J. ■K^ .h I I it X (rO 101 102 103 104 105 106 107 108 109 110 111 112 201 202 NAME 0225 Building - "B" Moffel, Jim 6 Grotchen. Nickerson, MIcheHe__ Woller. Pick & Carol___ Simmons, Bernice__ 5lctri, Al/w*- Ia-__. ! Rogers, Bob & Key ^ X McGie, James & Margaret...._j _ Swanson, Peter Lachowttzer, Wyona .. ..u S<<)<i,6r'oA^y SlANi«.y*T)aYce; Kane, Joe & Estelle Khoruts, Alex Hoops, Leroy & Barbara____ 203VBIoomgren, Linda 203/Wiley, Roxanne .. ____:___ 204 205 206 Usher, Volme Lockwood, Neal & ^aron Sachs, Evan A Eleanor 207 VWilensky, Bartjara 207/ Wilensky, Roberta____ I 5 PHONE EMAIL • • X ■^X X.. r 208 1 Hunke, Maurice & Diana 209 ] Tsang, Alfred A Blossom____[ 210 1 Sallny, Dennis j 21 1\ Freese, Mark X >< / X T 211/Bauer, Valerie 212 i Slar>\^^ad^x! 301 302 303 304 305 306 307 308' 309 i 310' 312\ 31^/ Yarosh, Sam A Shiiley Johnson. Adeline Peterson, Harvey A Karon Hieborl, George A Barbara Flshbeln, Edward A Elaine_ Roussoau, Eugono A Nbrmd Oemiun, tiorvuy A Joyce 1 csctj, Daryl A Arletle Hanson, Gary Aingor, Joan Lalz, Robert A Carolyn Hilt, Mary Roberts, Susan .h y X X A X- X A X A X.iX X A A X X X X ^ \ii4 UNIT \) .cL / I i j. I / C t A. L $_ 7 • • .j. I j<k / / JU / f + U02 103 AO )iOA JJD5 106 2Sk 202 2oa 204 2.0$ 206 j?07 m 302 W3 304 305 30^ 307 MEDLEY HILLS CONDOMINIUM HOMEOWNERS NAME p $ PHONE B201 BulMnn.-A- ^4-'J Diersen, Harold A BaHy I Johnson. Rosemary n stover Camile Clapp. Megan 13 !V an-Lar«Qn, B a Uu VaoBeusekom. William A Harr’.a Mover. Rhode XT X l|-Jj)2gw.J[iYlD0iLMttiQie Gina San Buenavsntura JBoidteQt.Robert Buksteln. Gerald & Helene. .JoEKenShafrar Lamphere, Harold & Beverly. .BplarsKala..lrina.________ —BJoEtl Ga.»y_M. JMeaUi.Jean.E, JSantelli, James Eksledt, Don & Je -l!fS.yOi.Lorr^e _____ Dahiberg, Cartta -1^ in XX XX, 4' S 1 iKi-' EMAIL FROM FAX NO.Feb. 16 2005 IG-MPOM P2 MEDLEY HILLS CONDOMINIUM PARKING and STORAGE UNIT 201 202 203 203 204 205 206 /207 X207 .208 209 210 /211 \211 212 301 302 303 304 306 306 30/ 308 309 310 311 /312 \312 NAME PARKING STALL STORAGE LOCKER 9225 Bultdina. "R" MoTTet, Jim & Oretehen 4 3 Nickerson, Michello 8 6 WeNer, Dick & Carol 9S46 7 Simmons, Bernice 16 11 Calder, Josephine 5&20 14 Stein, Alan & Gloria 43 32 Rooers, Bob & Kay 29&40 21 McGle, James & Margaret 25&30 22 Swanson, Peter 34 26 LachowHzer, Wyona 39 30 Segelbaum, Stanley & Joyce 42&4T 31 Kane, Joe & Estelle 36&60 35 Knoruts, Alex V 3 2 Hoops, Leroy & Bartara 7 5 Bloomgren, Linda 10 6 Wiley, Roxanne 40« Usher, Velma 37 28 Lockwood, Neal & Sharon 13 A 21 15 Sachs, Evan & Eleanor 23 A 48 17 Wllensky, Barbara Wilensky. Roberta 28 20 Hunke, Maurice & Diana 32 24 Tsang, Alfred & Blossom 35 27 Saiiny, Dennis 38 29 Freese, Mark Bauer, Valerie 14 A 16 10 Starr, Carole 18 A 49 34 Yarosh, Sam & Shirley 2 1 Johnson, Adeline 19 13 Peterson. Hanrey & Karen 11 A 12 9 MIeberl. George & Barbara 17 12 Fishbcin, Edward & Elaine 1 A6 4 Rousseau, Eugene A Norma 22 16 Bennan, Harvey & Joyce 26 A 27 19 Tesch, Daryl & Ariette 33 A 41 25 Hanson. Gary 31 23 Ainger, Joan 24 18 1 alz, Robert & Carolyn 44 A45 33 Hill, Mary 3T Roberts, Susan 51 A 52 36 t- The parKino stalls aie listed by Homeowner. Stans may be being rented or used by other than the Homeowner. FROM :FAX NO. :Feb. 16 2005 10:42AM PI MEDLEY HIUS CONDOMINIUM PARKINQ and STO^OE UNIT NAME PARKINQ STALL STORAGE f.OCKER S201 Building - "A* lOl' Dianen. Harold & Betty 102 Johnson. Rosemafy 103 Stover, camile 104\ Clapp. Mepan 104/' Goodman-Laraon. Betsy 105 VanBousekom, William A Harriet 103 Meyer, Rhode 201 Lebow. Iivino & Battirae 202 Gina Ban Buenaventura 203 Bradford, Robert 204 Bulcatain, Gerald & Helene JoENenShalMr Lamphere, Harold & Beverly 205 206 207 BoiarsKaia, Irina 301 ^9^0^ 302 Biom, OaiyM. 303 Umezu, Jean E. 304 Santelll, James 305 Ekstadt, Don A Jeanine 30K Provo. Lorraine 30^ Dahlb^, Caf**a - Currently ranter by Unit «304. 1 A28 1 12 9 8A26 21 ■f fX j|^3» 13 A 27 20 9A10 7 18 14• a a 2 . • 2 7 4 11 A21 8 14 A16 10 24 18 6 5 19 15• 3A4 3 22 16 6 8 16 11 20A26 19 23 17 17 13 12 The parking stalls are listed by Homeowner. Stalls may be being ranted or used by other than the Homeowner. Golden Valley, Minnesota Zachman HwUt MiwCOtySJRUCIlOtSSPtCtAU:sTS *” DATE: TO: FROM: March 26,2003 Mark Grimes City of Golden Valley City Planning Division Amie Z^chman President, ZU Companies SUBJECT: Medley 1 lills Condominium Homeowner Demographic Data I Dear Mark, I wanted to take this opportunity to present to you the following Medley I lills Condominium I lomcowncrs Demographic Data. ITie data consists of the following categories: > Employment Status V" Number of cars per household > Distance from homeowners previous residence In addition to the Medley Hills data, I have also included data reflecting home ownership for the City of Golden Valley. Specifically, > Median household income y Population density > Home ownership > Home sales for homes sold in the past year > Housing characteristics Please review, and let me know what additional information 1 cim provide. I will look forv^ard to following up witl).you. Have a great day. 7 Sincerely, President ZB"Cdmpanics, Inc. Income For City of Golden Valley State Income Ranklnp Median Income National Income Ranklnc H . y-1 $62,063 90lh Percentile 88th Percentile Average Income Slate Income Rankina Households With Children National Income Ranklnc ■ v' ■ f ' - • \ • '■'f t« . ^ ' 1 95th Percentile $102 149 V . 93rd Percentile Population Fo;' City of Golden Valley I opulation - 20,281 Land Area = 10.2 Square Miles Statn Dnnsity Rnnkinq 88th Porcentilo Population Density 1,988 Persons Per Square Mile National Density Rankinq —■ »* 73rd Percentile Slate Growth Rankina Population Growth Rate National Growth Rankina -0.5%cr: 38th Percentile Annualized 34lh Peirentilo (Last 5 Years) CopyrlgW •l»y aOM sHstphtocwhoods. Inc (800) 9/8 yMi Neq|HtxMtiood Snap Shut*** Home Sales Pricing Pattern For City of Golden Valley Median Price = $206,000 Average Price = $235,211 Median Condo Price = $225,000 1“n 03%+ 1.8% 13.5% wm ^ ■mk ■ a ? . ■ . 2a6%29.0% Vi : 11.9% assss's 9.5% Uhder$50 $50-$99 $100-$149 $150-$199 $200-$249 $250-$29!) $300-$499 (3ver$500 Dollars In Thousands Homes Sold In Past Year Home Ownership For City of Golden Valley Owner Occupied Households “ 81.4% Median Housing Value = $158,200 Median Number of Bedrooms = 3 b* fkllUJIBt 4t%itiini(;b0%) 2Batuini(tfteQ m' m.Ti 3QoIulitb(4S71Q Home Size Breakdown Employment Status In Medley Hills Condo * ''' A '''I t 'W!*^ ' :-V*' ' *’^iv '■ v "- <i: -4 ".r/-:. A'-' Vr'/C''y^;,v*v Retired 56% :•>;vV'*'':' '"t:?';• •».>- 'Mmm' - 'fl^- Unknown 4% “^' ■,{ -rv? ' • ♦ .%A. • • . - Employed 40% Number of Cars/Unit In Medley Hills Condo ■ Distance from Medley Hills Condo ^ 1 j I. . M ^^ : \ ^ • ‘*.-w * *■. • * '■ ^‘i''if *' >w V\ ..*•* 4 i*'* j ■ ***' 1-. •■■ •:’/y/-v-:v.;--.-’^'<v--‘it‘;-. V V - v-. .; ^ ■;•.- \i Housing Characteristics in Golden Valley Vv*^“ i k Family 3 to 9 unit 10 to 49 unit m. 50+ units Other Single Family Duplex 3 to 9 unit 10 to 49 unit 50+ units Other□ Seriesi 78.00%1.30%1.50%9.00%9.80% [ 1 0.30% CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE //04-3081 NOTICE OF COUNCIL AC1 ION DATE OF NOTICE: Fcbniary 15. 2005 TO: ZB Construction, Inc. - Amic Zaclunan COPIES: Jolin Tcrrar.ee Humc.s 10300 lOtli Avenue North 2500 Kelley Parkway Plynioulh, MN 55441 Orono, MN 55356 TYPE OF APPLICATION: RPUD Site Plan & Final Plat Review DATE OF MEETING: Fcbiuary 14, 2005 Motion: Table to Februai'y 28 Council meeting. Applicant to address issues of additional parking (goal is to accomplish 90% of required parking within the building, remainder within the site boundaries) and add a second elevator. Vote: 5 In Favor 0 Against Applicant's next scheduled meeting is confirmed as: City Council - Monday, February % 2005; meeting starts at 7:00 p.m. 60‘Dav Extension. State la>t provides that Cities shail make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was considered as complete on January 10, 2005, and the 60- day review period would end on March II. However, because the Council tabled your request to February 28, with fin"! action potentially scheduled for the Council meeting of March 14, the potential date of final Council m tion falls after the 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to May 10, 2005. A|i|)Hca(ioii Subiiiittcd. DcciTiibcr 22, 2004 Incomplete Letter: January 4, 2005 Application Cuiiipicte: January 10, 2005 60-Day kevieu L&piratiun (Site Plan ): March II, 2005 (Extended to May 10, 2005) 120 Day Keview Expiration (Subdivision): May 10, 2005 If you desire ecnified copies of the official Council minutes, they are available liom the City Reconler alter review and approval by the Council. If you have questions, please contact Planning Director Mike GalTion at 952-249-4600. Application Submitted: December 22, 2004 litcompleic I.ettcr: January 4, 200S Application Corii|iiete: January 10,2005 00-Day Kcvlew Kxpiiation (Site Tlan ): March 11, 2005 120 Day Krview Kx pi ration (Subdivision): May 20, 2005 REQUEST FOR COUNCIL ACTION Date: February 10, 2005 Item Nu.: 8 Department Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval:Agenda Section: Zoning Item Description: W05-308I “Stonebay Lofts” - Outlol F, STONFBAY (“2670 Kelley Parkway ”) 1) RPUD AinenJinent / Site Plan & Building Plan Approval 2) Final Plat Approval Zoning District: RPUD Lot Area:2.55 Acres Gross; Appro.x. 2.50 acres excluding wetland Simimary of Request Applicants request an ainendnient of the Stonebay RPUD for changes to the owner-occupied condoniiniuin {“Lx)lls”)buildingand .site pl;m, ra|uc.sting final sitcpl;u> and buildingphui approvals as well as final plat approval lor Outlol E (now to al.so include a small portion ofOutlot F) as ii single 2.5 acre lot for the condominiuni building. This site was originally approved for a 62-unil condominium in Januaiy 200.3. The approval plans had included 2 separated buildings comicctcil by an underground parking area. A plan for a single 62-unit bui Iding was reviewed for John Ten ance I Ionics by the Phuining Commi.ssion in October 2004. That plan did not proceed to the Council for review, at the request ofthe applicant. Since then, ZB Constmetion (Amic Zachman) has circclcd a purchiise agreement for the property, and proposes to construct a single building similar to the single 3-story building proposal Flanning Commission reviewed last October; However, pursuant to the Planning Commission’s January recommendations, the cuiTcnl applicant has rcducal the building in length by 48' and reduced from 62 units to 57 units. Property Owner: ZB Construction, hie. - Aruie Zachman (pmcha.se agicement with John Terrance Homes I.I.C) Planncr/Enginccr: Laiuiform Arcliiicd: Hiiicc l.ehicr Staff Recommendation: C ouncil shouUI review the Planning(\mimission recommendation (see held w) mid detenu inc whether Council*.. ;es with the Flanning Commi.s'.ion’s conclusions. If.so,then direction to .sta IT to drafi a resolution lor Ainendnient to General Development Plan Ap -roval and Final Plat Approval would be in order, for consideration and adojitioii at ycur February 28 meeting. A Develope'" Agreement between ZB Construction and the City will also be dratted for approval. r W05-30HI SloncbayLofli February 10,2005 Fage 2 List orKxhibitv A - Notice ofl ’laiming Commission Action 1-31-05 n - Draft Minutes of 2-2-05 PC Work Session and January 18 PC Meeting C - Updated Preliminary Plat Drawing (Now Includes Portion of Stonehay Outlot P) D - Revised Plans - Revised i‘'inal Plat Drawing - Revised Site Plan sheets: CO. I - rule Sheet CL / - Kxistiiif’ Coiulilion.s C2.1 - Site Plan C3.1 - GraJiiifi Plan C4.1 - Driveway Plan and Projile L2.1 - Preliininaiy Landscape Plan - Revised nuiKiiug Plan sheets: A-2: linildin^ Floor Plans A-3: liailding Elevation Piews R - PC Memos and lixhi its Oi 1-28-05 and 1-13-05 Planning C’oinniissioii Kccomniciulation Planning Commission recommends approval ofthesite plan and Inuliling plans, subject to the following findings and/or conditions; 1) Applicant to submit final grading and drainage plans satisfactory to tlic City Engineer. 2) Applicant & City to review the need foradditional sidewalks aron.ul the building for emergency access and general pedestrian circulation. 3) Applicant to submit signage and lighting plans. 4) Subject to Eire Manshal review; determine whether any e.^islingcorles would prohibit or limit grilling on the individual utiit decks. 5) interior elements and fini.shes to be consistent with applicant's description and samples as presented. 6) Applicant to submit landscaping plan. All above to be submitted by February 7 to allow for review prior to February 14 (auincil meeting. Planning ( ommi.vsion concluded it does not need further review of this application us long as the above conditions are met and the stall, F.ngineer and Fire Marshal concerns arc satisfied. ^05-3081 Sloiicbay Lofts February 10, 200S Page 3 Review of Current Proposal A. General Building Locintion and Design Chanucs (Compared to 2002 Approvals) The current proposal by applicant's architect Bruce Lehrer includes many of the elements of a plan reviewed by tlie Planning Commission in October 2004, but also incoiporates a number of design revisions that were suggested during the October review and the more recent January review. Note that: 1) Building Lx:nuth. Bid and Massinu . The original approval was for two buildings connected only by the undcrgrouiul parking level, with a tcnace level providing signi ficant separation between the two buildings, 'niecuncnt plan connects the two wings aboveground. What originally appeared as two separated pcr}Jcndicular buildings will now appear as a single L-shaped building. To addre.ss the Planning Commission ’s comments about reducing the perceived budding height and massing, the applicant has redesigned the building as follows: a) the profi le of the southern facade has been reduced to two levels at th' west and cast ends, varying peak heights liavc been added to break up the length, and vertical porcli/dcck bumpouts are incorporated to provide an additional measure of visual relief; and b) the south wing has been shortened by 48 feet, reducing the project from 62 units to 57 units; the entire building has shifted slightly westward on the site but still Icavinga 118' setback to the Public Works site, which is much better than the 80' originally approved. Total building length parallel to Kelley Parkway is now 327'. Planning Commission has concluded that the above elements, plus the facade iisymmctry and the variety of stone vs. stucco panel faces are sufficient to reduce the visual massing. 2) Buildiiu’ I leiuht. I liahest building peak height, at elev. 1071', is sliglitlyhiglicr than the 1067 peak originally approved in 2002, due in part to the use of 9’ ceilings and in part to site drainage considerations that required the lowest floor elevation be raised 3 feet. I he current plan’s highest individual peak is 3 feet lower than the continuous peak reviewed in October. The plan does meet the 38' height limit established in the original ivproval, measured from the liigh side final grade lo the average of the highest galrle. The 12/12 roof pitches give the building a residential character iuidraluce the blockine-ssofthe originally approved building. PhuiningCommission concluded tliat the height as proposed is acceptable. I) Parking. The garage level now has a single entrance/c.xit point, at the cast end of the building. A lower- level party room, patio, and hot tub axun have been incorporated at the interior comer of the garage level, reducing the number ofinterior parking stalls. Required parking reduces to 112 stalls (2.0 stalls per unit required x 56 units excluding the guest unit), of which 82 are provided in the underground parking, 23 are in the outside dedicated parking lot, and 7 are in the adjacent street parallel par king, for a total of 112 stalls. While the City I-ngineer has recommended that a second garage access be added, the Fire Marshal has indicated there is iu> coile requirement for a .second entrance. #0S-30SI Stoncbay Lofli February 10.2005 Pace 4 4) Building Materials. The soutli- and cast-facing building facades are depicted in Plan Sheet A-2, showing 40-60% coverage by two types of textured cultured stone (applicant to confirm that the south facade porch bumpouts are a different stone than the remainder of the buiiding stone - applicant to have samples available for the meeting) with the balance to be of fiber cement stucco panel siding (James Handi products). Soffit, fascia and trim will be maintenance free pre-finished metal, shingles will be commercial grade iisphalt shadow line (Planning Commission and staff s expectation is that these will be the laminated, raiscti textured shadow h.,c, not the painted shadow line) and windows arc proposed as pre-finished metal clad wootl 'single hung’ (my assumption is that these arc easements or sliders) divided and shaped as shown on Sheet A-2. Applicant is awareofthe City’spast issues with the post-approval design changes that went on with the Stonebay 2-story townliomcs. The City’s expectation and requirement will be to include all o^thc detail elements as sliown on the renderings luwl elevation views, in tlic final building constmetion. Vi.siial niements. The architectural renderings show basically two window styles used througliout the building - a larger picture window system with angled upper comers, and single, double or triple windows with a vertically divided upper half. These window elements add to the character and visual acceptability of the design. The main entrance features pillars and a hal f-moon feature. Gable ends each appear to include a louvered panel feature. 'I'he variation in design elements, such as bump-outs, ofTset gables, varied levels ofstone versus siding, along the length of the building should help to decrease the perception of length. >) houpdation Grading. RetainiiiR Walls. The applicants have proposed to grade 3:1 or fiattcrslopcs along the north wal I of tlic west wing and the northerly 3 sides of the north wing, rather than using retaining walls per priorplans.Tliis will involve somefillingwithin the 26'wctland setback wi.c'e no fill is nomially allowed, and filling within the MCWD’s buffer; however, there is no fill proposed in the wetland it.self llic building footprint and balconies will not aicroach eillier Orono ’s setback or MCWD’s bufler. 'I’his filling was anticipated during the earlier PUD approvals, and is accep'able subject to returning it to a vegetated state after constmetion is completed. Prior plans for this site have proposed retaining walls to provide for a building perimeter sidewalk and individual unit direct access to grade. The current proposal will not provide access to grade from the first story balconies. Retai ning wal Is arc proposed in the area of the garage entrance. Tlic City Fiigincer notes that if any of these walls end up exceeding 4’ in height, and a separate engineered ilesign and detail will be reipiired. 6) l^cstrianCirculafio n. 7 he site has been provided with sidewalks as necessjiry to provide for fire safety and to allow easy pedestrian access to the Kelley Parkway sidewalks. Tlie sidewalks on ­ site will have to be maintained in all seasons forfire safety purposes. #05-3081 Sloiirliay Lofti Ffliruary 10, 2005 rajjc 5 I ,an d .Mping . Reviewof the landscape plan by staff iiulicalcs an acceptable level of plantings of trees and shrubs. In general, the 37,300 s.f. building footprint requires 1 overstory tree per 1,000 s.f. footprint, or 37 such trees. At least 30% of required overstory trees must be coniferou.s. Applicants propose 2 American linden, 6 ash, 4 maple, 7 quaking aspen, 12 white spruce and 6 japanese larch, plus 10 ornamental trees (which count 2-1 toward the overstory requirement); doing the math, the total reaches 42. The 37,300 s.f. building wmdd also require 124 shrubs as a minimum; this standard is more than met, with appro,ximately 220 shrub.s shown on the plan. The bcmi between the condo building and the public works site will be heavily planted with with a mix of trees, primarily evergreens. The Landscape I'lan, Sheet L2.1, appears to show additional tree plantings that were to be part oflhc overall Stonebay project, both along Kelley Parkway and on the top of the west end benn. Our a.ssumption is that these berm plantings arc still intended; this will have to be clarified, as the planting schedule does not include them. 8) Ligliting . Applicant has verbally indicated the lighting for tliis building and tl lis site wi II lx: relatively minimal. Prior to Council approval oftlie final development plan, applicant must provide a liglu'iig plan to confirm that all outdoor fixtures are shielded as required by code. 9) iSignage . llie developer should indicate any identification signage intended for the building, wluch will require Council approval. Site traffic signage is noted on Sheet C2.1. I’or a more detailed review of the issues considered by the Planning Commission at their January and February meetings, please .scc the memos ofJanuary 13 and January 28, as well as the draft minutes of the January 18 and February 2 Planning Commission meeting.^. Engineer ’s Comments AppIicants have addressed the City Engineer ’s comments noted in Tom Kellogg’s letter of Januaiy 11. Review ofthe most recent plans has generateil aquesiion ofhow will roofdrainagc be handled • applicant should address this, as the sidewalks and parking areas ire quite close to the building. Unit Types and Mix Sheet A-2 indicates there will be four unit si/es/styles; 24 units:‘Oak wood ’- 1362 s.f.-H bedrooms, 2 bath 3 units:•Hirch’- I549s.f-2 bedrooms, 2 baths 18 units:’Elmwood ’- 1591 s.f-2 bedrooms, 2 baths 11 units:‘Aspen ’- 1653 J.f -2* bedrooms, 1 bath 1 unit: 57 uiiiLs Guest suite - 1250sf± Applicants have indicated the starting price range will be in the low $2()0.s. I #05-3081 Sloncbiy Lortf February 10, 2005 Page 6 Final Plat Outlol E was created specifically for the Lofts, and must be final platted as a I-ot in order for it to be used as a building site. The final platting process establishes the necessary peri meter drainage and utility easements which were not required of it as an outlot. The required wetland Conservation and Flowagc Easement was established during tlie earlier subdivision approvals, so that need not be required; however, the wetlands will be shown on the new plat drawings. The proposed final plat will include a re-plat ofOutlots E •’nd F in order to incorporate the non-wetland area northwest of the building where tlie patio is proposed. This has no impact on the future development of Outlot F (which will now become Outlot A of Stonebay Second Addition) but will ensure that ownership of tlie common amenities serving the Lofts will be under the control of tlie Lofts homeowners. This approval process is functionally appioval of Phase 2 of the Stonebay residential development. Phase 2 final plat approval will include payment of park fees sewer and water connection fees, and stomi water & drainage trunk fees established within Exhibit M of the PUD 4 Agreement. Issues for Consideration Council should review the site plan and building plans to identi fy any spcci fic concerns you believe need to be addressed. As a minimum. Council should address the following: 1.Acceptability ofbuildingconveision from 2 buildings to one- visual impacts, other impacts. Arc the design elements proposed by the developer (in response to Planning Commission ’s direction) sufficient to satisfy past concerns regarding building bulk, height, length and massing? 2. 3. Acceptability of proposed building materials and building design. Any other issues of interest or concen’ S taff Recommendation Staff recommends concqitual approval, subject to satisfaction of any minoi issues noted in tliis memo If Council acccjits the propostxl site and buiUlingphuis, staffwill draft a Resolution for General Development Plan Approval Amendment and Final Plat Approval for adoption at your February 28 meeting. Tlie project will also result in a new Developers Agreement, between Orono and ZB Construction. COUNCIL ACTION REQUESTED Review the proposed Lofts plans and if acceptable, direct staff to draft: final approval documents for adoption on Fekruaiy 28. I f • i-'- ■ 4 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #04-3081 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 31, 2005 TO:ZB Construction, Inc. - Amie Zaclinian COPIES: Jolin Terrance Homes 10300 10th Avenue North 2500 Kelley Parkway Plymouth, MN 55441 Orono, MN 55356 TYPE OF APPLICATION: RPUD Site Plan & Final Plat Review DATE OF MEETING: January 18, 2005 Motion: 'I able to February 2nd Work Session. Vote: 5 In Favor 1 Against Applicant's next scheduled meeting is confirmed as: Planning Commission - Wednesdav. February 2, 2005; meeting starts at 5:30 p.m. If you desire certified copies of the official Council minutes, they are available fix)m tlie City Recorder after review and approval by the Council. If you have questions, please contact Planning Director Mike Gaftron at 952-249-4600. i I MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION Wednesday, February 2,200S 5:3U p.ni. ROM 'rhcC'ommission nicl in a work session on (lie above mentioned date with the following incmbci s present; Chair Dave Rahn, Commissioners J. Mark h'ritzler, Ralph Kcmpf, Roland Jurgens, and Travis Winkey. RepresentingstalTwere Planning Director Mike GalTron, and Planners Melanie Foth and Jai iice Waataja. Al'cmate Commissioner Liz Hawn was present in the audienee. Commissioners (’ynihia Bi emer and Jim Leslie were absent. Chair Rahn eallcd the mcetirig to order at S;3S p.m. (#1) //05008I ZB CONSTRUCTION, INC., OU I I.OI E, STONEBAY (“2670 KELLEY PARKWAY”) - CONTINUATION OF PUBLIC HEARING Rahn noted that this was the time and place for contiii>ialion of the puhlic hearing regarding the Stnnehay Lofts proposal. 'I hcapplieant, Arne Zachman ofZB C'onstmction, was present along with his architect, Bruce Lchrer and engineer, Steve Johnston of Land form. Gaflkin briclly introduced the revised plans submitted in response to PlaiuiingCommission comments horn the January 18 meeting. Applicant Amie Zachman noted that they have reduced the Iciigth of'.he building by 48 feet, leaving a much greater setback to the public works site, and they have reduced the number of units from 62 to 57. Johnston noted they also moved the building S' further back from the road. Rahn indicated he was plea.sed with the proposed revision.s, and had a tpie.stion regarding the asphalt shingles pro|K)sed-arc they a GAP style .3-dimensioiial .shingle, or merely a shadow line. Zachman noted they are a 3-dimensional shingle. Winkey indicated he felt they did a good job ofshortening the building. It was noted that the reduction did not result in decreased amenities, bu I was just a raluction of the five units. F•'ril/.ler questioned the number of handicap parking stalls, which was fouiul to be si.x. Rahn noted that a revised landscape plan reflecting the shorter building .should be submitted, as well as lighting and signm.ige plans Johnston noted that the benn between the building and the Public Works site had not been relocated, but could be slightly iiigher with the greater setback. GalTron indicated that most ol the berm was w ithin tire applicant ’s property and it would be laiid.scaped to provide a visual barrier. Kcmpf asked how the porches would becon.slructed. Zachman noted they would mcldeaileck on one side and a four-season room on theother. liach unit would have a small deck. Aci ess to the enclosed porch would be wide open from each unit. Page I of 3 MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION Wednesday, February 2,2005 5:30 p.m. Zachman noted that the exterior materials would inelude a variety ofstone (not brick) per the samples provided at the last meeting. The upper areas not in stone would be a concrete-board ‘Hardi-panel’ in a stucco finish, rather than lap siding. Me noted an cxamplcot use ofthis was two new buildings constnicted on the wc.»5t side of Hwy 169 just south of394. Ralin indicated this was a much more stable product than the old masonite paneling. Ralin indicated this was a public hearing and asked for public comments on the application. There were no comments from the public. Gaffron noted tlie City Engineer and Fire Marshal were reviewing the plans. The Fire Marshal had indicated prcliminari ly that there was no code requiring a second vehicle entrance to the garage. Gaffron reviewed the City Engineer’s comments with the Commislion, and noted that there arc no apparent unsolvabk issues. Kempf asked how the parking shortage was resolved. Gaffron indicated that the combination of 82 basement stalls, 23 dedicated outside stalls on site, and 7 adjacent street parking stalls added up to 112 s‘..ils or 2.0 per unit for 56 units (excluding the guest unit). Fritzler asked what the deck materials would be. Zachman indicated they decking would be the maintenance-tree plastic material tliat doesn ’t stain. Discussion ensueu as to whether the City has or should have ordinances regardinggrillingon decks for multi-family buildings. 2:ackman noted tliis varies fixim city to city. Gaffron stated there is no zoning restriction in place, but he would have to review this witli the building inspector with regards to the fire code. Rahn suggested we discuss this further in a work session, as we will have future multi-family projects. Zacliman noted that barbecue grill on natural gas will be placed on the lower patio level. Jurgens suggested that the 3’ wide path around the back of the building should be wider if possible to provide better emergency access. Rahn noted this would likely be looked at as part of the building p>an review. GafTron dc.scribed ho". the steeply sloped grading around the noi th sides ofthe building would make widening the sidewalk more complex, perhaps needing retaining walls. Rahn indicated that all the alwvc issues should be addressed by the time tliis goes to the Coiuici!, especially if the I’lanning Commission will not have opportunity for further review. GatTron reviewed the next steps, which could exclude further Planning Commission review if the Commi.ssion felt that tlicre wasnoneed for their additional review. Rahn moved, Fritzler seconded, to recommend approval of application ff05-3081 for the S tonebay Loft.s, Outlot E, Stonebay, 2670 Kelley Parkway, for the proposed RPlJI) amendment, and site Page 2 of 3 ii MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION Wednesday, February 2,2005 5:30 p.m.4 plan and building design approval, and final plat approval, conditioned on submit (ai of plans suitably addressing ihe concerns of the City Engineer and Fire Marshal, with the exterior elements and finishes consistent with the elevation drawings provided, submittal of adequate landscaping, signage and lighting plans, provided to staff a week prior to the council meeting. VOTE: Ayes 5, Nays 0. ADJOURNMENT Rahn moved, Jurgens seconded, to adjourn the Planning Commission Work Session at 6:05 p.m. VOTE: Ayes 5, Nays 0. Dave Ralin, Chair Page 3 of 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tucsilay, January 18, 2005 6:00 o’clock p.ni. prior (n Ihc Council meeting, and further subject to elevation views and the houicowncrs association covenants being submitted by the applicant. VOTE: Ayes 6, Nays 0. «I I 05-3081 ZB CONSTRUCTION, INC., OU11.0T E, STONEBAY, RI’UL AMENDMENT, BUILDING PLAN, FINAL PLAT, 10:17 p.ui. - 11:23 p.m. Arnie Zacliman, ZB Conslniclion; Dmcc Heller, Project Manager lor Bruce Lclu'cr Architects; and Steve Jolmston, Landfurin; were prc.sent. Gaffroii addressed the City Council regarding the applicants reques't for an amendment of the Stonebay W^UD for changes to the owner-occupied condoininium building and site plan, final site plan approval. and building plan approvals as well as final plat approval for Outlet li as a single 2.5 acre lot for the condominium building. Gaffron stated the new proposal is somewhat similar to the three-story building that was proposed la.st fall. GalTron inquired whether 61 units is the total number of units being proposed. Heller indicated there arc 61 units, with one guest unit, for a total of 62 units. Gaffron stated the current proposal is for a single L-shaped building with virtually the same footprint as the originally proposed garage level but filing in of the open teirace space with building. The applicants claim that this allows for larger individual units and provides spaces for certain amenities not provided in the original concept. These include a party roonVliot tub/exerci.se room at the rear of the garage level; an undefined commoi, space, and other amenities. The proposed 62 individual dwelling units range from MOO squ.’re feet to I'^OO sqi'.,irc feet in area. Gaffro.i staled due to the addition of the amenities and tlie increased living space, the pj-pheants arc proposing one building rather than two separate buildings. Gallron indicated in 2002. at the tinn; of t!.e apinoval of the lots, there was a discussion regarding .allowing a provision based o*' iln'»l grade as opposed to e.xisting high side grade, which was determined to be 3.1 feet. The applicants have since added three fe :t to the height of the building tiue to llie increased ceiling height, the height o' the underground garage ceding, and the pitch of the loof systems. 1 he applicants are proposing a jieak height cf I07» 33’, with the original approval being for 1066’, which PAGE 42 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 18,2005 6:00 o ’clock p.ni. results in the building being five feel higher in general. GalTron indicated there was a discussion at the time of the original approval centering around options to reduce the massing and the size of the building. Gaflron requested the Planning Commission give direction to the applicant concerning the size and <#. massing of the propo.sed building and the visual impacts of the added height in light of the proposed location of the building and the other uses proposed along Kelley Parkway. Gaffron noted the applicants have submitted a plan that meets the purking requirements for this site and a stormwater management plan, which illustrates an above-ground storm sewer system with the majority of the drainage directed to the north. Gaffron indicated the City Engineer has reviewed the stormwater management plan and has made some recommendations. In addition, the applicants are proposing some retaining walls that are slightly different than what was originally approved, with the City Engineer requesting that all letaining walls above eight feet in height be engineered. Gaffron stated the fire marshal has been asked to comment on the layout, the single acce.ss to the site, and location of hydrants. Gaffron requested the Planning Conunission review the landscape plan for this site. Preliminary review by staff indicates an acceptable level of plantings of trees and shrubs. The developer should also be asked to describe all outside lighting proposed for this building other than the typical street lights, and provide a lighting plan sheet for such lighting. 'I'he developer also needs to indicate any identification signage intended for the building. Gaffron noted the impervious surface coverage for this site is limited to 50 percent, which is not an issue in Staff’s opinion. Gaffron requested the Planning Commission address the following items: I. Acceptability of building expansion and the conversion from two buildings to one. 2. Acceptability of increased building hciglit. 3. Acceptability of projiosed building materials and building design. Signage and building lighting. 5. Acceptability of landscape plan. PAGE 43 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 18,200S 6:00 o’clock p.m. Gaffron stated if the Planning Commission concludes that the proposed site plan and building plans are Acceptable, then a recommendation for approval would be in order, subject to any conditions that the Planning Commission feels arc warranted. If the Planning Commission concludes that one or more of the above topics requires further consideration, then tabling may be appropriate. Zachman stated they are atiempting to go fiom the two buildings down to one building in an effort to achieve a larger square footage within the units and to also incorporate some amenities that would help make the units more marketable. Zachman stated with the two buildings, the size of the units is reduced to 1400 to 2000 square feet, which, in their experience, does not sell as well as the larger units. Zachman indicated they would like to include a party room, hot tub area, exercise room, and storage areas. Z.achman indicated they have attempted to reduce the height of the building at both ends to help reduce the appearance of massing. Heller stated they have reduced the height of the building in the middle and on both ends and have attempted to minimize the visual impact by varying the heights of the different brick colors comprising the facade. Heller indicated they are proposing darker stone on the vertical uprights to also reduce the impact. Heller stated the materials being proposed for this building are virtually maintenance-free for 30 years. Zachman commented they are incorporating a rtucco look and stone look rather than lap siding. Zachman stated as it relates to lighting, there will be an entrance-way chandelier, lighting for the pairing lot area. lighting for the exterior fire escapes, and a light over the garage door. Gaffron inquired whether the individual balconie.s would also have lighting of some type. Zachman statcri there would be a light for each balcony probably consisting of a 60-watt bulb. Ralm iiMiuited what comments the commi.ssioners have relating to the size of the building. Rahn inquired what the length of the proposed building is. Heller indicated it is 376 feet long. Rahn staled he personally would prefer a taller roof with a steeper pitch for aesthetic reasons. PAGE 44 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 18,2005 6:00 o’clock p.m. Johnston indicated the original building peak was at 966.8’, with the new plan calling for a peak height of 971.33, which is four and a half feet higher. Johnston pointed out that 3.5 leet in the height is as a result of the need to raise the underground ceiling and issues relating to stormwater. Johnston slated overall the building is onc’-foot higher if stormwater is not factored into the calculation. Rahn commented he likes the stepped roof and the steepne.ss of the roofs, but that he has a concern with the length of the building. Rahn noted the original concept plan had less square footage proposed than this proposal and that the applicant needs to consider reducing the number of units in order to keep the amount of square footage down to what was originally approved. Johnston inquired what the length of the senior housing building is. GafTron stated that it is close to 500 feet. Rahn noted that the City did receive a number of phone calls regarding the size of that structure. Leslie slated he understands the need to make it one building given the issues related to coastnicting two buildings on this site. Leslie stated in his opinion the number of units could be reduced in an effort to reduce the massing. Leslie noted the City had approved the building at a certain square footage and not a number of units. Zachman stated due to the location of the building and street, it would be difficult to get a direct view of the building. Zachman noted there would be conunercial development across the street Leslie pointed out the homeowners located behind this structure would be able to see the full length of the building. Zachman stated the L-shape design of the building will help break up the view and that only one end should be visible. 1 Idler stated the Public Works Department would have the most direct view of the building and that in his opinion this structure should not be that visible from Willow Drive. Frilzicr indicated he is in agreement witli Commissioner Leslie’s comments concerning the size of the structure and that there should be a reduction in the size of the units. PAGE 45 f •MINUTES OF'HIE ORONO PLANNING COMMISSION MEETING Tuesday, January 18,2005 6:00 o ’clock p.tu. Bremer cumincnied she prefers the nine-fool ceilings and (hat she does not have an issue with the increase in hciglit as a result of the raised ceilings. Bremer indicated in her view the buildin" would be more visually attractive with the taller roofs, but that she has a concern with the size of the one building. Bremer encouraged the developer to reduce the size of the building. Rahn slated he would like the siz,e of the building reduced to the amount of square footage that was originally approved. Kahn inquired whether any outdoor amenities are being proposed. Johnston staled they have looked at some outdoor amcnilie.s but have decided not to include them due to the maintenance issues associated with u pool and the close proximity of tennis courts to this site. Johnston indicated in his opinion this proposal is a better looking plan and noted that one unit wa.s removed from the previous proposal. Winkey commented the units arc more likely to be leased with the amenities but that in his opinion the costs associated with the amenities with this proposal versus the previous proposal have not changed dramatically and that a higher rent could be charged for the larger unit.s'. Johnston noted some square footage was added to make the building deeper. Zachman indicated they did increase the size of the parking stalls to allow easier access for full-size cars. Winkey staled it is his under tanding the number of larger units has been increaseil and that in his opimon this project; 'ould be economically feasible even with a reduction in the number of units. Jurgens commented it is difTicult to imagine the visual impact this building will have. Jurgens inquired whether the first floor elevation is seven to eight feel above the curb line of the existing road. Gaffron stated the road is at 1022 ’, with the first floor level being .seven to eight feet above the road. Jurgens inquired how it would be transitioned from tire roadway to reduce the appearance that this building lowers over you. Johnston stated the slope os it exists now would remain for the most part, with the parking lot located in between the road and the building. Jiiigcns inquired how far back the building is situated front the curb. PAGE 46 : MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 18,2005 6:00 o’clock p.ni. Gaffron stated the building would be located approximately 60 to 80 feet from the curb. Jurgens indicated he still has a concern regarding the length of the building and inquired whether the focal point of the structure could change somehow to try to lessen the visual impact. Heller indicated the vertical uprights come out four feet, with the fa9ade being broken up with different shades. Heller stated a .3-D picture would help to better illustrate how the building will appear, l^hn stated he prefers the step-down appearance of the building. Rahn recommended the applicant review their plans to see how the building can be reduced in length. Zachman inquired whether the Planning Commission would like to see the end units clipped off Leslie .stated he would like to see the top unit also clipped near the end cap so there would still be a step down. Leslie encouraged the applicant to review his options for reducing the size of the building. Jurgens inquired whether a patio is being constructed off the back of tlie building. Johnston stated the patio could be accomplished with an easement. Gaffron stated the patio ends up being located in one of the conunon areas. Johnston stated the outlots could possibly be rcplattcd to avoid the need for an easement. Johnston noted commercial development will be going up in the area in front of this building and would also help reduce the appearance of the building. Rahn inquired whether there were any public conunents regarding this application. There were no public comments. WInkey moved, Itrcincr seconded, to recommend approval of Application ttOS-3081, Stonebay l^ofls, with the understanding that the proposed revisions arc acceptable and that a revised plan would be submitted prior to the Council meeting. VOTE: Ayes 2, Nays 4, Rahn, Jurgens, Leslie and Fritzler Opposed. MOTION FAILED. Rahn indicated he was opposed to the motion because he would like to sec some reduction made in the size of the stmeture. Bremer suggested Uiis application be discussed at the next Planning Commission work session. PAGE 47 MINUTES OF THE ORONO PLA jVNING COMMISSION MEETING Tuesday, January 18,200S 6:00 o’clock p.m. GafTron noted the next work session is scheduled for February 2nd. Frilzicr moved, Rahn seconded, to table Application #0S-308I, Stonebay l.ofs, to the next Planning Commission work session scheduled for February 2"“. VOTE: Ayes 5, Nays I, Bremer Oppos. d. Johnston inquired whether they would be allowed to attend the work sess'ion. Rahn noted the work session is a public meeting and that it would be helpful if the aj)plicant attended the work session. Rahn stated the Planning Commission would need to limit the applicant to 15 minutes. PLANNING COMMISSION COMMENI S nil REPORT OF PLANNING COMMISSION REPRESENTATIVES Al l ENDING COUNCIL MEETINGS NOVEMBER 22, DECEMBER 13,2004, AND JANUARY 10, 2005 Winkey gave an update on the November 22"' Council meeting. Leslie gave a brief update on the December 13,2004 Council meeting, noting that the Vogstrom application was tabled. Gaffron stated the Vogstrom application was given conceptual approval for 31.9 percent hardcover at tin January 10'" Council meeting and would be finalized at the January 24''’ meeting. #13 OTHER ISSUES FOR DISCUSSION None #14 PLANNING COMMISSION APPROVAL OF MINUTES FOR NOVEMBER IS, 2004 Bremer moved, Rahn seconded, to approve the minutes of the November IS, 2004 Pianning Commission meeting as submitted. VOTE: Aye.s 6, Nays 0. PAGE 48 1 ‘"iMiliiii-m >M«nn» Tfc.1 >rtn TifTMci Hontt. M.r. * MlmiHota llmiltd lltUtlty compMy, ft* ' rwpqrHioii. n«ts«att of MIovIor dtmlbtd tNO(iRty tiloiicd lo Iht Caui^ of H.nnt|dn%lttt of OiiHal i mil omiol P. STOMP B A Y. xr^£r"»;ij r “ *■ “•'• •“ ^^^IVt***^**** * Mlimtwii IlnIM Itebllliy rcmptny. hit ctiucd thm preitnft to bt ilsaed by,ihy of________________.200 JOHN I KHKANC.R HOMES. ULC. sMliiMttili HitiUttl llaliMlly coui|iiiiy ..lltCliierMmBici RTAtE or _ COUNTY or Tbt forcfoifii initniniMt «•• tcknowltditd btfort nit IMi coMpaqr. on NbilfoTUit compM^* .dip of... 200____. by .. lePn Tmtnct Hontt, U,C, • MiuitMli limited liability Notify rubtic. My Comminloii Pifiirta ____ .Coolly. |irnpti"^w MiiiM^etteie«l Cwpwabon, i Mla^iolt CoipoitUon bit cmittd Oicat pretctilt lo bt tlfitd lli MARSHALL INVESTMENT CORPORATION •TATKOP _ COUNTY or tbi fougotog iBitnaiMt mu ickaoiHtdgtd btfort nt iMi..diy of.o 290 ____, by Minhill bivtiUntnl CorporHioB on behalf of Ibt cotporilioo. Notary PoMIe,________ My ComMoo EJtpirti. _Cou»fy, 1 btrtby ettSfy Mat i have wfirtyed and planed Ibt laid deaertbad on tMa plat ai STOMEBAY SECOND ADDITION; ibM Silt plat la a rarrad it|ntiaiilaUM of Iht wnray. that all dNancte art rorfcrtly ihown on Iba plat in (bti and hindredlhf of a fool, that all »OM«i^ hata bean cotrcctly placed in the ground at aliovn or will ha placed aa raqnircd by the local gevcrnmtfHal unit and Ihal "• daaignaud on Hit plat, and that tbara arc no «al landa u dafintd in Minnciiila SUtiUi. SacBon 50J.01, Subd I. or public bl|bwiyi to bt dtdgnaied oittr Ibto aa ibono. Howard W. Itogcra. Land Soe^cyof Mlnneaota Lkama No. IggtS SIAIE UrMlNNBSai A COUMlY UP HHNNgrOI The fortgoUn Snnrtytra Ctfttficalt wm ach»owlt<%ed before «e tbit Howard W Rogara, LandBiirtcyor... too____. by Nolaiy PMMla. HamiapMi CoMqr. Mtantaoti My Cnmmimkm Rxpirci iiniiary 31. 2010 OBONO, bflNNRBOTA ^ T CQVNCIL or THE CITY OT OEQMa lf]fWHES9 l A -___________________________ Mgyor •y________________________________.nart STONEBAY SECOND ADDITION CHYSTAl. I aii.iil I Oh:ON() SCHOOL HyrANSlOH sarsM*44-g TS3M I l^'LU.On l-VfVA* I / t \ ‘k,.‘ i \ \ MiBtBJT 1301/,.. -V-1 I J OUTLQT ?: LOT 1 ■LOCK 1 d*» __________\ 1____________________ Kfii.i.tIV PA.rtf^iVAY *-*nrgg-,g. T *\ It! IT fj iJ */ I " \ TAXTAVKH SKRVICBS UKrARTMCNT. Htmepin CouMy. MioatlM. I hereby ettiHy rtrel (mm p.yriil* i._______uid prior yton hovt been pM'd fbr taid dcMrtbtd oo ibii plot Doled W«___________day of________________________ 200 ____. Pairtek H 0*Coonor. Heanepin County Auditor, ------------------------------------------------------------ Deputy SUHVIY DIVISION. Hennepin Connly. Mmneaotn Purmanf to MinaeMti SiMulct 3SiR363 (1969) ihia plat baa been igrproved thia 200 ________day af ________ Williain r Rmtm, County Siin-ryor, Ry^ COUNTY RECORDER. Hamepia Caunty. Mionaaoia 1 btraby einii^ ibN ika plM of STONEBAY wia filed m thii aince tbli al _________oYlock .M. iliebnei H. CimniH. Comfy Recorder. By __diqr of_... aoo. Deputy C.R. DOC. NO. NORTH 0 100 200 SCALE IN FEET BEARINCS ARE ASSUMED ^ DENOTES 1/2 INCH IRO« PS>E SET " MARKED RLS 10945 • DENOTES FOUND 1/2 INCH IRON PIPE ORAiNAGE ANO UTIUTY EASEMENTS ARE 9IOHN AS THUS: (HOT TO SCALE) J 1-^10 I______ BEING fO niT IN MOTH AND ADJOHmC lOf ONES UNLtSS On€RmSE MOICA7ED AHO B€IHG 10 Ftir IN MOTH AND ADJOtMNC RtCHT OF WAY ONES UNLESS OTNERMSE MOfCAfED landform MinNCAnOLIS•UNOCMIX lAKKA IXICATIUN STONEBAY CITY OF ORONO, MINNESOTA OMNCt JOHNTHRRANa'HOMliS^LLC MARCAanOM 240kAMVfUNCUNE oKnaMMomAaM niwn coNiiAa rvRCHAscfuaemom XACHMAN RHOTV«B CDI#AIM1 ItWlOIHAfLIt n.fM0imiMNB44l aiv CMsmfTMpa C0I tnn mu $»4ff (Til iiAtt*. ttviAior- ct> Vlt AMI cti rmrtriAi>f Am C«t miitf AMI/ AAAI A mvtt AKtatrimi IM(>VM« AMI Vt « A*#»• HtWK MAI M I M«Jt M»«> MiK M*HI AAt »i • M ■»* A1 mni « I «'•« (« < 4 \'l < A»» f rt i ‘t C » l» iHt,» II*' «iii« i*kM iihrti I iMt iiNtW! » 1 rA i-aA-«<•».' i«*i IM Ml I'M.• • J IV cnr HAM HIM *«tMI»<« • «*l • •r t A 1 I A0 M>« I V i» I«i»l4»«•* KM •M • t .• I I #v»«• ( 4 t;:’a AM* Mm# M I • Mrt Mm *# X HIm ABBREVIATIONS t»4 M r«p *«M »» Am* tM M«« |V«» •* CMMwm H« « M Mmm. / *4PM M U p ••• «* !«• H- aM « ■«»*• <4 « IA iM* ap Map lM«piM fcr_ I«.I M. 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Mi-VIO •aiAKiaii lai AAa. pC-?Si-Vf» LAaCAiaiai x«i ratailaii i9l SlA-VI t Av otmir lATiu *40 «i Arua« iCKip »ni A*; .-■Si V»7 («a<a#vAO IK • A4. *4/ .“S.* notf latiaamo i4«vH Vura«M 1 •U.w iKAt »(i«.LAt A ViA.t iHi ASC'/ii cnt•rimutai VI MM Stitt 1 vii ;w ______M raiA iH Wt'4ttti •Al Ast r;.‘ evs 1U1MM M Kut •AAiUlt rl I#iaa f liCAi Altovtot A« 14* svt ovnifi AruM ItiC 4P/,4I« 4Pip tavaiiMA, Itl ss>as-4«• A4 Ma/-aT4-s,’»i» • /.tiaiHt a«au*tpa«i(t«dim iaamna , wtfi/tr %Pva IS 1 ittrain ;*«tp «v*« lAiA mt r?-«v'i-citst p«jfB«aav lu s»iii (A4 t?; VtftO»N» tSAJdauv^ Gk)pher State One Can l«H «1M AasA • p'A *%4 <VkU tai last l•rO'/V aMl Kni9KMN9T0VY at/oi/m cm t'OiMn u^ttnAt ntojca MANACiCc cevew M am CTRIVtCATICN iS!3Sr3i.Trr“?r!rf“ ■ : 1.11 T ^I •% iUppMMaopawr CITV" COUMCIU S U B tvi ITT->M« F€B«UARY7.2CX» fVOJKT STONEBAY OHONOi MINNESOTA LANDFORM OL I S • PNOFM I X rXf IMMI fXflJKIxa comtvaLD m wpmm TTTU SHEET co.i -' -■ r OB LEGAL DBSCRlPTIONC&ai^ ortitff I »*o rtmrti » siauwr. c<xmii. mi9i9«A GBZa NOTES ', ¥f*K*utrL.................. ______ _____ w. tA«c4ia«i ifwimi • »cr tumc t uo u9mi «*»o n* *rVHK«M l»aau«(«l •*> m l*t tm iVL>«> UM»» f*> n ItlU rt*'»l(t KVW l.l |t( AvAi&»i/cc«c}trurtr»4 # aiii mvrtrA»r.«5 tsi tH I'i.iAir UKKkV H itifurm tvnto tern nv^uttai M ftMM MM nLAflAllo ■■ riatmic: ifAiai urtvkarvr >.*rn n#r<TtH« ■ A.-' • Mi A>M A ? nnMxn liK Alio •>M4 MCI A<>ll II OMNFt JOHN TERRANCE HOMESILLC MAtCASnOfMiiAiarnvcuMt (MQMAliWICailAlH rmBmmwm coNTtACi PiffcjiAacK/ptmorcv -^.lA tAOMAM MmOaCOMrAIII.* I«a0 IfTK AlC M nuMMua rAMMMiiw cum. SHEET Mm cat CM tiHA Mil t‘ii l/mii: itkiifijii^ ^Ati C7t iwli(»l»«i *«M MM Cll mtAMMTf ur««»n MAf| C4I f<nir«Mf t<iiifi MA*i/ CAVATi tOiii nM A rr«rM i>l MHUklMr l$n€’V»0C MAH EmMONMVfOEY 07/0T/e% alt cotMcx njmtitm. nuxffcr A«AAM»B KCHDW CEKfVCAnON • M « HM««M ‘ ■ 1 I ’ I. ciT^r couisiciu & u o fvi Iu FEflKUAJtY7.2Q05 ntajECTi STONEBAY ORONO, MINNIi:sorA LANDFORM NIHNtAPOlIS-^MOENIX Ftf MAAC rtoacTMA DOSUNG CONPmONS Cl.l wa NOTES cfassBBs^apaaB • IMdi *0Oi| tlMM • firfiVfip Pi t^rvivn I »t» in^mxki *\Mn i<» Vi»«fUf MV.i«.»«4 •>c»«i«.it:ii 9miwi nh^ito •i k« iut <vt«k> vttiif lorAnkfk 10 « r«ir Hvfioirtx 10 |i^«iTAirki/( jntktctui f «<n cwiMrAa.t) Mt ivtiv. i*« V«AtO « »tt(M M I MMttO r«v •tV'^Ot / ■«nA<4'^ «t<a PM»4*IIP Pi IJA*4AU; MArVaikiitM «#P »|IP Ii> AUO ar i/k(a«K<fi iixiMiiT ti Wit»*«p. fMa no A£«#i ii {•altar ;(toi ui.» civeip pi tuiatrai tyMUAUM rMtt iiAti«t« j otHBrjH at tMA art to aaia at am nv f nuw AAo w oxaiL utm lutfti utiarrsa • Ii« turniH CK.<f*{ «U. «»«•• CMI M iroi k< iii'^f ir.n t0M miii icr *u ».jiefru'i«xi • a*ii iai«i4ii ti«» man no na («jih ni'. last. mil I tir;if«* iitnAiii» »jp ft;»ufi»i tutaic mttM^ria A) x/wi m i»«. a«i> cm ihi i»jiai nt vaai N <t«rAf«C) IP M IIAk. Vmh.MH, P\MB rtut IP SIM»« (AdMI«5 GZ9PARKINC SUMMARY •t-•.-iV'-r;:.gr^ggnc ikaut itpjtfiitMf lOlAi Ull5 to aiAua/tiii M IPIM raPUAi 5IAUS aOJBtP MCrt.ficotr arnoAPp »iMi» ia,w| ACitami 5tm» (a./p| UBttMUP aiMAiAaD 9fMta MOMM »IAU« (^Ml» g>ui ftam »fA»cwep 91AUS {%M| V lA lOfAi raPMC )fm» rvivno *7 tA jp »tAaa/u<t G^SITE PLAN SURFACE SUMMARYi rntr\«a<!A ama qgiflAa .,tfiA SiUMAAU OPfM SPACft •tHAiin eui »tPAaaaraOPM •>• R Met ip ««« ^» I'-tAt/f P ?♦P»»«V CAAI tAMUilS P tA «4*& MA«0 C^W lAAtkCi i .m »TAai, ■AU9 TP»a 1A • «i«mi/nnf t$•AOA ••a/t« fUB»(*tAl A/i«J »a/pii 9A nttkANi (» fpiH MSA *K>n OWNK JOHNTERRANa'HOMEaLLC MAK ASNTOR MNIAMarrOWLAMioKMaMUMoorAiaa lUMWaM CONItAH fUtCHAOCtAlcmom lAOIMAII MOnCM CaMPARin HIM ifTH AVC N R.VM0inHMI»441 ru 5 ' ij CM.0MUfMPO rat lAa lint smti Cii in^iiK ri«{«ti>a mwi r;i nttiaiMM Mff m»i cii rrt<«'>wri u»*r>t- nm €*l avtlt»MPi 0lini l\M/ CAVAPI . 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MIMCMQIA flaOBI mptmmm COWTKiCI ONtOtAflfCAJmiCm ZAUMAN mOTIEnCOMPAinU ramioTHAVt N N.TM»nHM« 95441 mMMMiiai iiaMMiiii aiv C»tf*€CT»«U toi 4A* mil t*«i I III l•r^*lt: . tSfinris nm t/l tVtmiAill •Wl Mlil til rriuA-iAri ufnee. rs*<i til tSSirilAiA* tSItll IS AH,* AAV AIV kP, 14 MAH A M.>tl 171 rvlOKAri |*>A>KAP| isl^i Rf VtNON mt(M^ P.’/l*1/OS kM* I.UI4 'JWIKAl im ntOJlTT UAMVKR RCVEW CtKTiriAflON i, , .1,, I .‘i; cn^ couisiciu &VJV^h>AVr^j^L^ FEPEUAItY7,2005 rKO«£T; STONEBAY OKONO, MINNESO TA LANDFORM MIHNtAPOLIt PHOCNIM ^wmaSiBSr MMI^lAilliAinWi rnmAtm ru NAMT laXTRSiRNO nta*cT*o rpPKXjriDC ntEUMMAXY LANUaCATEflAN L2.1 Appliralion SuliniKteit; December 22,2004 Incomplrtr I^ilcr: January 4,2005 Application Coiiiptcte; January 10,2005 60-Day Kcvictv Eipiraiiun (Site Plan ); March II, 2005 120 Day Review Expiralioii (Subdivision); May 20,2005 B To: From: Date: Subject: CliJiir Ri'ihu & Planning Commission Members Ron Mooise, City Administrator Mike Gaffron, Planning Hiiector^^^^^. January 28, 2005 //05-3081 “Stonebay LoAs ” - Oiillot F, STONFMAY (“2670 Kelley Parkway") - Public Hearing: Continuation; Review revised site and building plans List of Exhibits A - Revised Plans (4 Sheets) - Full si/e and 11x17 B - Memo and Selected Fxhibits of 1-13-05 r The applicant has revised the proposed building by reducing it from 62 units to 57 units, by eliminating the west 48'. 1 his provides for a much shorter building frontage, and leaves a gieater setliack to Public Works, which staff feels is a plus. Required parking reduces to 112 stalls (excluding the guest unit), of which 82 arc provided in the underground parking. 23 are in the outside dedicated parking lot, and 7 arc in the adjacent street parallel parking, for a total of 112 stalls. The grading plan may need some additional refinement, and the Fire Marshal is reviewing the need for access doors, additional sidewalks, etc. However, in general, the revised plans appear to be responsive to many of the concerns noted by the Planning Commission on January 18. Issues for Consideration Planning Commi.ssion should review the site plan to identify any specific concerns you believe need to be addressed with the site plan. As a minimum. Planning Commission should address the following; 1. Acceptaliihty of building design, materials, length, height, etc. 2. Signage, building lighting. 3. Acceptability of laiui.scapc plan. 4. Any other issues of interest or concern. .Staff Recommendation If Planning Commission concludes that the proposed site plan and building plans are acceptable, then a lecomiiiendation for approval would be in order, subject to any conditions you feel arc appropriate. If Planning Commission concludes that one or more of the above topics lequircs further consideration. then tabling may be appio|)iiate. Provide the applicant with clear direction rei-,aidmg any chances you coiic Iik Ic arc nccessaiy. V ‘-rfr iwmi •S5T^.SSi2Sa?3«fc w t.«ii • M ■—» ai m ^m m MUt • a«i««{ Ml OTMPk I »a —« ^i-^ lui« « »B a M*a**««i» M* • MM VIM ^«t •»«««• IPAWDC ?r:a- ‘M-M t’M ■■.— < M *’«>M» *i«u f%»a a*«« !»•*■ ncKuf *IBMi 1'*^ bJ ’.tiflU? Vaia* a»l t^*fl r c a '*•- ir% »M-. 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II is O' 0 u» 0 V < CD UJz0l-vn tlllf - fN* ^ ^ § si A- m iiii''''' iiii SIEB*3l iiii'ffl rr-%fill 0 EAST-ELEVATION I I LMWr,^ exterior finish materials ^jsats^ OAM< 5TONC -FRiklPUe BUTP or 90U7£^ r^tOCVCT* 5T\ICCO PAJCLft or ><ARl7l FWOOU&T^ A«iFWALT 5**IH0'..P3 K/ SHAOOH lin « ANC? 601.CR TO DS OCt^MAlS^D 1 t ~7'*r *. ifn'-Mss*''* u-r V€5T-ELEVATI0N@4-^51 xT' T* j •iiii'lils^l^B■|*M' ^ifia ^i'iUi ■iiil: ., -- '■'! jjd|y|i^ iiiii'-IIIP V ^ ~(ip) iiii ••• 4/4 \\\} in ■ •« ^SJi' i iifi iiii nif»•■ ■■ .•4L£^ _L f ^rmw^TTg m mm • • >-Vi o I-o HIP .J § 0 V < lU 2evn 1^ isi A- r A|)|)ttralion SubmiKcfl: Dcrciiibcr 22, 20<M liicoiiipictc LcKcr: Jamtary 4,2005 Appllcalloii Complete: January 10, 2005 60-Day Rcviciv Expiration (Site Han): March 11,2005 120 Day Review Expiration (Subdivision): May 20, 2005 To: From: Date: Subject: Chnir Ralm & Planning Commission Members Ron Moorsc, Cily Adminislralor Mike Gafl'ron, Plamiing Dirccior^j^|^^ January 13,200S «05-308 1 “Sloncbay LoHs ” - Oiillot 12, S TONliHAY (“2670 Kelley Parkway”) - Public, Hearing: 1) RPUD Amcrulmcnt / Site Plan & Building Plan Approval 2) Final Plal Approval Summary of Request New appl iean ts recpiesl an amendment o f tlic Stonebay RPUD for changes to theowner-oeeupic(la)n(lominium(“Ijofls ”)biiil(iingaiul site plan, requesting final site plan and building plan approvals us well as final plat approval fur Outlet 12 as a single 2.S acre lot fur the cunduminiuni building. With a new builder and a new architect, this new proposal is similar to the single 3-stoi7 building proposal PlaiuiingConmiission reviewed last October. Thesubmilted plans identify 61 units rather than the 62 units originally approved. Property Owner: /,!) Constiuction, Inu. - Arnic Zaclimun (purchuse agrecinent with John 'ferraiice 1 Ionics I.LC) Plaiuier/F.ngiiicer: Dmdfunn Architect: Urucc Lehrer Staff Recomiiieiidatioii: Planning Commission should review the list of potential issues and detennine whether tlicse and/or additional issues require diseiission. An option is to review this site plan further at your I'cbniary 2 work session. Key to your review is to detennine whether the niajoi revisions are acccjitable, es|)ccially the conversion fioin two buildings to one building . IfPlanning(!ommi.ssionconclu(l(vithat the propo.sed revisions are accej)tabIc,tlicnarcconuncndation Ibr approval would be in order. If Planning Commission concludes that one or more of the topics identified in this memo requires further consideration, then tabling would be appropriate. #0S-30ai SlMcbiyUfts January 13,200S Pa|e3 Lilt of Exhibits A - Application B > Narrative C - Applicants Submittals: Site Plan sheets: CO. 1-rule Sheet Cl. / - Existing Conditions C2.1 - Site Plan C3.I - Grading Plan C4.1 - Driveway Plan and Profile L2.1 - Preliminary Landscape Plan Building Plan sheets: A-2: Building Floor Plans A-3: Building Elevation Views D - City Engineer Conmients 1-11-05 E - Excerpts from Original Stonebay RPUD Approvals: 1 - Document Excerpts b) General Development Plan Approval Resolution No. 4915 c) PUD 4 Agreement 2 - Plan Excerpts F - Plat Map G - Property Owners List H - Planning Commission Minutes of October 18,2004 (Application #04-3062) *r ■ « . ■*i! iros.3081 Stoiicbay UHs January 13, 2005 Page 3 Building Loention and Design Changes Tliis new proposal by applicant’s architect Bruce Lchrer includes many of (he elements of the plan reviewed by the Planning Commission in October 2004, but also incoiporales a number ofdesign revisions that were suggested during the October review. Note that: The original approval was for two building connected only by tlic underground parking level, willi a terrace level providing significant sqiaration between the two buildings, llie ciUTcnt plan, similar to (he October 2004 plan, connects the two wings above ground. What originally appeared as two separated perpendicular buildings will now appear as a single L-shaped building. To address the Plaiuiing Commission ’s past conmients about reducing the perceived building height a . . ssing, the profile of the southerly wing has been reduced to two levels at the west and ea. and vatyingpeak heights have been added. Higliestbuildingpeakheiglit,atelev. 107I.33',isliigherthanthe 1066.8'peak originally approved in 2002, due in part to the use of 9' ceilings and in part to site drainage considerations tliat required tlie lowest floor elevation be raised 3 feet. The cunent plan’s liigliesl individual peak is 3 feet lower than the continuous peak reviewed in October. 3) The elevation plans incorporate a variety of facade elements and materials wliichhelp to visually break up the 376' length of tlie building. The garage level now has a single cntrance/exit point, at the cast end of the building. A lower- level pally room, patio, exercise room and hot tub room have been incorporated at the interior comer of the garage level, reducing the possible number of stalls in tlie garage level. 5) The west wing completely meets the 80' setback from tlie adjacent Public Works site as was originally required, with no encroachment of building elements or decks. Building Dc.sigii und I.ocaliuii One RuildingvsTwoBuildin|gs. Tlie two originally proposed 3-story buildings were perpendicular, the front building parallel to Kelley Parkway being approximately 260'long by 75'wide, and the perpendicular building being ajipi ox imatcly 230' x 75'. These were to share a below-grade garage that connected the (wo buildings, but were visually separated by a distance of about 40-45' above ground. The layout provided for a tciTucc between the (wo buildings, over the garage, providing clear visual separation between the two buildings, which helped to reduce the visual bulk and massing of the two structures. #05-3081 Stoncbay Lofti January 13» 2005 Page 4 The cim enl proposal is for a single L-shaped building, in virtually the same footprint as the originally projx)sed garage level, but filing in the open terrace space witli building. The applicants note tliat tliis allows for larger individual units and provides spaces for certain amenities not provided in the original concept. These include aparty roo:n/hot tub/cxcrcisc room at the rear ofthe garage level; an undefined common space and a party room at the southeast corner of the fi rst floor level; and an undefined conniion space (i nd i vidual storage? mechanical?) above tliat of the first floor. The lobby is located along the soutli facade, 100' finm the east end ofthe building. The proposed 62 individual dwelling units range from 1400 sf to 1700 sf in area. The proposed building will have a visual fixjnt (south) facade of376' and an east facade of about 240'. The southeast outside comer is angled to parallel the angled street lot line, with a setback of about 18’ from the adjacent street. The overall building is proposed in approximately the same location with generally the same setbacks as originally approved. Planmng Commission should discuss the pluses and minuses of tlie one-building proposal as compared to the two separated buildings, in terms of amenities gained or lost, visual impact, etc. Site Circulation. Parking . While the exterior parking layout and circulation is generally as originally approved, access to the garages has been significantly revised. Rather than an entrance/exit at each end, tlie garage will now have a single entrance/exit at the southeast comer ofthe building, accessing directly to Cascade L ane. The City Engineer ha.s recommended tliat a second garage access be developed. The Orono Fire Marshal has been asked to comment on this, and we expect to have his comments before the meeting. The exterior front parking lot ranges fr om 3 to 5 feet above street level, with a 3:1 landscaped slope between the street sidewalk and the parking area. The front parking lot is one-way, with angled stalls, and meets the required 20' lot line setback. Tlie City has aparking requirement of 2.0 stalls per unit. The plan layout shows a total of 78 standard and 4 HC accessible stalls in the garage level; and 21 standard and 2 accessible stalls in the defined parking area on site. Adding the 7 parallel stalls directly abutting the site on Kelley Parkway, tlie total is 112 stalls or 1.81 per unit, rather than the 2.1 indicated on the plans. The City requirement is 2.0 stalls per unit, or a total of 122; the plan appears to be 10 stalls short. Applicant must define where an additional 10 stalls cun be found. Stall will not support a variance to the minimum parking requirement. ^0S-30H1 Slondiay Lofts January 13,2005 Pn|*c 5 Foiindiilioii OradiiiK. Rclainine Wnlls. The applicants have proposed to grade 3:1 or flatter slojjes along the north wall of the west wing and tlie northerly 3 sides of the north wing, ratlicr than using retaining walls per prior plans. This will involve .some filling within the 26' wetland .setback where no fill is normally allowed, and filling within the MCWD’s 35'buffer; however, there is no fill proposed in tlic wetland itself. 3 liebuilding footprintand balconies will not encroach eithcrOrono ’s setback or MCWD’s buffer. 'I bis filling was anticipated during the earlier PUD approvals, and is acceptable subject to returning it to a vegetated state afler construction Is completed. Prior plans for this site have proposed retaining walls to provide forabiiilding perimeter sidewalk and individual unitdirect acce.ss to grade. The current projiosal will not provide access to grade from the first story balconies. Retaining walls are proposed in the area of the garage entrance. I'he City Engineer notes that some of these walls will exceed 4' in height, and a separate engineered design and detail must be provirled by the applicant. The proposed 3' wide sidewalk along the west and north sides of the west wing does not appear to be completely compatible with the grading plan. It is on a 3; I slope at Uie rear of the building and may require a section of r retaining wall to maintain slopes no greater than 3:1. At the west end of the building, proposed grading nuis( be changed so that the sidewalk docs not function as a drainageway. Building Height Original Approval. The Lofts building was originally granted a variance to the 30' RPUD height limit, allowinga 38' defined tieight. The building lieight as originally reviewed by staff u.scd an estimated garage floor level of 1019' and a peak roof elevation at approximately 1066'+. The original PUD approval grants a height variance for tliis plan for a defined hciglit of 38' measured fiom "final average grade at higli side”. Hecause tliis is a R1 ‘U1 ), and due to the topograpliic issues with the intent to revise grade over much of the site, the height variance was deemed ap|iro|)riatc. N<LW. Proposal. The current proposal has a variety of roof peak elevations, with the highest peak, at the center of the west wing, labeled on tiie plan at an assumed 41 '7" above the first floor. This translates to a peak height of 1071.3' (although the plan scales to nearly 1 074'), or approximately 5-7' higher than llic original approvaLs. 'Ihis is due to two apparent fiictors - the addition of at least 3' in height due to increasing unit ceiling heights from 8' to 9', and tlie need to have a minimum garage fl(H)r elevation of 1 020' as a result of final grading/stormwatcr system overflow parameters for tlic development. luom staff s pers|)cctivc, the factore that have resulted in the overall height ii.erease are not uni ca.sonable, and in the case of the 1020 ’ garage level, not avoidable. 'Phis aceounts for perhaps 4' of the 5-7'. The applicant.s have providerl a varied transition of peak heights with peak height reductions at the west and east ends of the west wing, as was suggested by Plamiing Commission to the prior applicants. ffOS-3081 StoncbayLolU Juniiary 13,2005 l’a(e 6 One way to reduce the height would be to reduce the roof pitches to less than 12/12. As designed, the building will have a (not visible) ncarly-llat roof behind the pitched sections, at about the same height as tiie peaks to allow for runoff and avoid snow accumulation. Reducing Uie roofpitch could |)otcntialIy reduce the peak heights (i.e. reducing to 8/12 would reduce them by 4') but may ultimately be less attractive... Purely from a numerical perspective, the proposal has a defined height of about 37', based on an average ofhighest gable at 1065.08' and a high side finished grade of 1028'. This meets the numerical paiamcter of the original approval. From a visual perspective. Planning Commission should consider whether the peak heights being generally 5-7' higher than originally approved, arejustified by the site slonnwaler constraints, by the market demand for 9' ceilings, and by the design elements incorporated to reduce the impact of the added height. PlanningCommission should also consider whether the visual impacts ofthe added height areixjsitivelyor negatively affected by tlie increased length ofthe building. Also consider whether the location within the development and tire other uses proposed along Kelley Parkway have an effect on the visual impact of tliis building. If Plamiing Commission concludes for some reason tliat the peak height increase of 5-7' is unacceptable, this should be discussed with the developer to determine what measures can be taken to reduce the height or its impacts. Building Materials Facade. The building facades are intended to include 40-60% coverage by two types of textured cultured stone, with the balance to be of fiber cement horizontal siding (‘ 1 lardy-board ’ typ.) using both textured lap and cedar sliingle styles. Soffit, fascia and trim will be maintenance fi^ pro-finished metal, sliingles will be commercial grade asphalt, and windows arc proposed as pre-finished metal elad wood 'single hung ’ (my assumption is tliat these are casements or sliders). Visual Elements . The architectural renderings show basically two window styles used tluoughout the building - a larger picture window system with angled upper corners, and single, double or triple windows with a veifieally divided upper half. These window elements add to the character and visual acceptability of the design. The main entrance features pillars and a half-moon feature. Gable ends each appear to include a louvered panel feature, 'llic variation in design elements, such as bump-outs, offset gables, varied levels of stone versus siding, along the length ofthe building should help to decrease the perception of length. It should be made clear to the applicants tliat llic City ’s expectation and requirement will be to include all of the detail elements as shown on the renderings and elevation views, in the final building construction #05-3081 Stoncbay Lons Janusry 13,2005 PiBc7 Landscaping, Lighting, Signage Landscape Plan . Planning Commission should review tlie landscape plan. Preliminary review by staff indicates an acceptable level ofplantings of trees and shrubs. TheCity’s landscaping consultant will be asked to conunent. In general, the41,000s.f.buildingfootprintrequires 1 overstory lice per 1,000 s.f. footprint, or 41 such trees. At least 30% of required overstory trees must be coniferous. Applicants propose 5 asli, 10 maple, 15 quaking aspen, and 4 weeping willow, plus 3 spruce and 1 2 ornamental trees (wliich count 2-1 toward tlie overstory requirement); doing the math, tlic total reaches 43, altlioiigli tlic mix should include more conifers. Tlie 41 ,u JO s.f. building would also require 1 37 simibs as a minimum; this standard is more than met, with approximately 300 shrubs shown on the plan. Lighting . Tlie developer should be asked to describe all outside ligliting proposed fur this bui Iding other than the typical street lights, and provide a lighting plan sheet for such lighting. Sienaee . Tlie developer should indicate any identi fication signage intended for tlie building. Some site traffic signage is noted on Sheet C2.1. Impervious Surface Coverage. Impervious smfacecoveiage in tlieRPUD District is limited to 50%. While Sheet C2.1 indicates the Lofts site has 52.4% impervious area, the Stonebay project in its entirety has an impervious area well below the 50% limit, so this is not an issue in staffs opinion. Engineer’s Comments Please review the City Engineer ’s comments, Exhibit D. Final Plat Outlol R w.'is created specifically for the Lofts, and must be final jilattcd as a Lot in order for it to be used as a building site. The final platting proce.ss establishes the necessary perimeter drainage and utility casements which were not required of it as an oullot. The required wetland Conservation and Flowagc Rasement was established during the eai licr subdivision ajiprovals, so that need not be required; however, the wetlands should be shown on the new plat drawings. No plat drawings have been submitted by tlie applicant at this time. 'riiisapproval process is functionallyapprovalofPhasc2oftheSloncbayrcsidcntial development. Phase 2 final plat appmval will include payment ofpark fees, sewer and water connection fees, and stormwater & drainage trunk fees established within Exhibit M of the PUD 4 Agreement. #05-3081 Stoiichny Lofts January 13,200S Page 8 Issues for Cotisideratioii Planning Commission should review tlie site plan to identify any specific concerns you believe need to be addressed with the site plan. As a minimum, Planning Commission should address the following; 1. Acceptability ofbuilding expansion and the conversion from 2 buildings to one - visual impacts, other impacts. 2. Acceptability of increased building height. 3. Acceptability of proposed building materials and building design. 4. Wlietheraparking variance is merited; if not, applicant must provide 10 additional stalls witliin the site. 5.Signage, building lighting. 6. Acceptability of landscape plan. 7. Any other issues of interest or concern, Staff Recommendation If Planning Commission concludes that the proposed site plan and building plans are acceptable, then a recommendation for approval would be in order, subject to any conditions you feel are appropriate. If Planning Conmiission concludes tliat one or more of the above topics requires fiirther consideration, then tabling may be appropriate. Provide tlic applicant witli clear direction regarding any changes you conclude are necessary. rnMOTts -f W M • M AJ? •r«r&rctJWi » J33T f*^LOfDS^AP£ KOTtb MiTmtossiza joKTinuiicxHtmujc UK ••* ..« tuii• ** -- • -^. ^.» ■*^ ••^‘ !•*»• MM .«-•». >w«« *-o m» f.m ■»< _,^:£25Lrf4. u^».» Mv^ai tD#wm ^ »t<« MT .-«.| 0‘M4» •«■•.» .>««• I* »MW «Mr»1 «r« •M^.. * «) ® I5.S? r?:iri.:r*g’t;.r.%.v;: tjr — — •>--*• vu".rrri'*^ •• r. r::*---- ‘ ? ,W!T,*-jTur ^ ^ *• ‘*“^ v« 0 ^ ^ «•%! 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STONEBAY OHONQ, MiN-NLiOl A lANDFORM ■=ia **l!r *i lAMC^rVA T 7 1 ^ jBonestroo Rosene Anderlik & ^ I Associates tnglne«fri & Architects West Highway 36 • St. f'aul, MM 55IH Offlre; 65l-636-'l600 • tax 6M-636 1311 www.bonestroo.com b January 1 1, 2005 Mr. Miko Gaffron Planning Director City of Orono Post Onicc Dox 66 Ciyslal Huy, MN 55323 Re: Stonebay l-iloNo. 139-05-000 Plat No. 05-30H1 Dear Mike: Wc have reviewed the revised plans fur the piupuscd Sloncljay Lofts DevclopincnL The site is located along the westerly side oftlic Stonebay subdivision north urKelley Parkway and adjacent to the City's Public Works Building. Wc have the following comments with regards to engineering matters: • Sheet C3.1 shows proposed reUiining wall construction at the underground parking entrance. This wall shown exceeds K-feet in height. All retaining walls that exceed 4-lcet in height require a separate engineered design and detail siihrnittal for review and approval. • *rhc revised plans slujw only one access to the underground parking, whereas the previous submittal had (wo. We would iccoiiiineiid that a second access to the underground parking be added. Stop signs should be added for outbound trafftc from the underground parking. 'flic plans should include a pedestrian crossing sign at the crossing shown near the middle oflhe outdoor parking urea. 'I'hc applicant should provide the City with the project S WPPP for the Phase II Construction Site Pcmiit and u copy of the Notice of Coverage Certificate prior to starting work on site. 'fhe grading plan should include erosion and sediment control details and notes. Items such us fiber blanket instidlation and locution, inlet protection, stockpile locations, silt fence maintenance requirements, coiislruction entrances, and any other issues relating to erosion and sediment control should bo clearly shown on the final plans. I hr final plans should iilentify the name and phone number for enginecnng contact person regarding erosion and sediment control issues. I'hc 3dbot wide sidewalk on the west side of the building is a drainage way. The applicant should provide calculations justifying that the 6-iiidi sanitary and water services arc adequate for the proposed building. P inal plans should inclmlr provisions tor managing sump pump and roof drain water. Parking lot and new roadways are to have B61H curb and gutter Plans shoiilil be submitted to the fire marshal for review of fue hyilranl coverage and lire vehicle access to tlie site. II patios instead ol balconies arc installed on the ground level, t!io grading plan should be icviscd to rliininate the strrpri slopes ciuieiitly sliown along llic north siilc of the building. • St. Tciul, St, C/oud. r ochester, Wilimar, MN • Milwaukee, Wl • Ctilcago, IL Afrirrnjillvv Ac|lnfi/l:c|Uffl OpporluriMy Lmpluyer nmJ ifrifiluyro Uwncil . ..f.V If you have any questions please call me at (651) 604-4863. Youra veiy truly, nONRSTROO, ROSENR, ANDEFtLIK & ASSOCIATES, INC. Afry? Tom Kellogg Cc: Greg Oappa, City of OroDO • « CITYofORONO c:.'* I RESOLUTION OF THE CITY COUNCIL NO. _______.-j] C?> T T. W 4/ ik Provision of evidence to the City of Minnesota Department of Transportation (Mn/DOT) drainage permit approval for construction of the regional storm water pond within Mn/DOT right-of-way, and of Mn/DOT permit approval for construction of public street, street amenities and utilities within the Mn/DOT right-of-way. 3.Payment to the City of Stormwater and Drainage Trunk Fees for the development of the Property in the amount established in the Development Fees Schedule attached hereto as Exhibit B. 4. Payment of Sewer and Water Connection Charges in the amount established in the Development Fees Schedule attached hereto as Exhibit B. 5.Payment of Park Dedication Fee in the amount established in the Development Fees . Schedule attached hereto as Exhibit B. W HERE.4S, the City Council, City staff and consultants have reviewed the plans for this PUD application and hereby specify approval of each Plan Sheet attached within Exhibit Fand identify them as part of the official record for Plaraied Unit Development No. 4. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4S52 and on the findings enumerated in this Resolution, the City Council of the City of Orono does hereby grant Preliminary Plat Approval and General Development Plan Approval for Planned Unit Development No. 4, subject to the following conditions; 1.General Development Plan Approval is granted subject to conditions established within Resolution 4852 and enumerated herein, and subject to the conditions to be established within the Planned Unit Development No. 4 Agreement and other pertinent documents. RPUD Development Standards and General Conditions. a)The total number of residential dwelling units shall be 162 units including 62 Lofts units, 47 two-story townliomes and 53 rambler townhomesr as configured on the approved site plan. Sheet C2.1, Revised Site Plan dated 1-24-03. Page 4 of 18 CITY of ORONO mi c) RESOLUTION OF THE CITY COUNCIL NO. 4 9 1.^ _ Street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Public street lighting along Kelley Parkway shall be installed and maintained by the utility company tluough a standard agreement between the City and the appropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while providing the necessary level of security. Such lighting shall be of a style, number, height and location approved by the City Council. Interior street lighting shall be maintained by the homeowners association. Final decisions by the Developer regarding colors, types and qualities of building materials shall be subject to City staff approval, and shall be in conformity with me sample colors, types and qualities documented by reference in Exhibit C. Final building designs shall be reviewed by the Planning Director prior to issuance of building permits to ensure compliance with the architectural standards of the RPUD District. The separation distances between townhome buildings are acceptable as shown on the approved General Development Plan, with the majority being at least 15' at the nearest point with greater separation as the building walls diverge. Within each Phase of development, if anychanges to plans resu’t in separations less than 15', such plans shall be subject to review by the City Council and Developer shall demonstrate to the satisfaction of the City Council that suitable architectural styling, building orientation or other methods will be used to mitigate the lack of separation. Any revisions to building separations, hydrant locations or fixture sizes/t>pcs deemed necessary by the Orono Fire Marshal as required for fire-protection purposes shall be made by the Developer. The berm along the Public Works site east boundary may be extended eastward as shown on Sheet C2.3 to assist in establishing a buffer to the Lotts; however, any buffer walls, plantings or other improvements shall be located on the Lofts site as shown in the approved General Development Plan The Developer shall take extraordinary efforts to minimize impacts on ex isling vegetation and enhance screening and bu ffering in the area nonhwest Page 5 of 18 I - CITY of ORONO 4t g) i) RESOLUTION OF THE CITY COUNCIL NO. ^ ^ of the Lo As west builJing. The City’s F ublic Works operation may be a 24- hour operation dependent on weather and other emergency situations. A disclosure regarding the LoAs buildings proximity to Public Works shall be required of LoAs buyers to help limit the expected complaints about City activity and noise from the Public Works site. All residential buildings including the LoAs shall have pitched roofs as shown on Sheets A1.2, A2.2 and A3.2 to maintain a rural residential character. Roofs for the LoAs units shall be low-pitched rather than steeply pitched to decrease the impact of excess building height. Developer shall submit proposed conditions for development of Are commercial outlets to maintain the natural amenity values of the pond and protect the perimeter of the pond from encroachment by commercial development. Final landscaping plans shall be subject to the recommendations of Wallace Case as enumerated in his letter dated 11/6/02 as revised or amended per the Memorandum by Tom Kirby dated January 17, 2003. The pertinent I lomcowners Association(s) shall be responsible for permanent maintenance of landscaping per the Landscaping provisions of the RPUD District. As a condition of the PLTD No. 4 Agreement, Developer shall provide landscape perfoiinance security as required in the RPUD District standards. j) The following variance to the RPUD development standards is hereby granted: Building height variance for LoAs building from 30' to 38' defined height (measured from final average grade at higli side) Building s oack for rambler townliome Unit 27 to be 20' from the north prof :rty boundary and for rambler townhome Units 28-29 to be 10' from the north boundary where a 35 ’ setback is the standard, as depicted on Sheet 2.1, Revised Site Plan dated 1-24-03.. Page 6 of 18 f e CITY OF ORONO HENNEPIN COUNTY, MINNESOIA PLANNED UNIT DEVELOPMENT NO. 4 AGREEMENT “2550" WAYZATA BOUI.EVARI) DEVELOPER; DAHLSTROM DEVELOPMENT CORPOlLA'l’ION LLC NAME OF DEVP^LOPMENT: STONEBAY THIS AGREEMENT, made and entered into this day of , 2003, oy and between the City of Orono, a municipal corporation organized and exi.sting under the laws of the Slate of Minnesota (hereinafter called "City ”), and Dahlstroni Development Corporation LLC, a Mitmesota Corporation, its heirs, successors and assigns (hereinafter called “Developer”). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development (PUD) rezoning and fonnal plat application for property located at “2550" Wayzata Boulevard, such development to include the followLig elements; 1. 2. 3. Rezoning of the portion of the Property north of Kelley Parkway from RR-IB Single Family Rural Residential District to RPUD Residential Planned Unit Development District for construction of 162 residential multi-family dwelling units on a portion of the site comprising approximately 41 acres, such development to be known as “STONEBAY”. Creation of two commercial outlots south of Kelley Parkway to be rezoned and developed at a later date. As part of the residential development, construction of Kelley Parkway as a public street, as well as construction of municipal sewer, water, and stonn sewer systems to serve the proposed development; and WHEREAS, on January 27, 2003 the City Council granted General Development Plan Approval for the proposed development subject to conditions per Resolution No. 4915, on the condition that the Developer enter into this agreement to provide for conformance with the City ’s Planned Unit Development (PUD) ordinances, and to provide for the installation of and establish responsibilities for maintenance of improvements associated with the development. NOW, THEREFt)RE, in consideration of the premi.scs, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: A. General Toriii.s and Condition.s Prope l ty Description. This I’lanned Unit Development No. 4 Agreement for Dahlstroni Development Corporation LLC applies to the following describetl propeity located in Hennepin County, Minne.sota: •m -• ^ M . . * A ■tm • ■ ;iRc7clopcSni;ialll’? | " 2. 3. Outlet B, Willow Properties Addition, Hennepin County, Minnesota, except Parcel 201 and 201a Minnesota Department of Transportation Right of Way Plat No. 27-57 (hereinafter the ''Property'*). Property Descriptions after Platting. The property descriptions after platting and dedication of right-of-ways for Kelley Parkway, Willow Drive and Highway 12 shall be as follows: Lots 1 through 46, Block 1; Lots 1 thiougli 10, Block 2; and Outlets A, B, C, D, E, F, G, H, I, J and K, STONEBAY, Hennepin County, Minnesota. Zofling. The portion of the Property located north of Kelley Parkway, comprising Lots 1 through 46, Block 1, Lots 1 through 10, Block 2, and Outlets E, F, G, H, I, J and K is zoned Residential Planned Unit Development (RPUD) District. The portion of the Property located south of Kelley Parkway, including Kelley Parkway and Outlets A, B, C and D is zoned RR-IB (PUD) Single Family Rural Residential District, and shall remain zoned RR-IB (PUD) until such time that the City approves a rezoning. 4. Permitted Uses. Within the Property the permitted uses are as follows: a)Within Lot ^6, Block 1 and Lot 10, Block 2, the permitted uses shall be common open spaces, private streets and driveways, utility systems, sidewalks, retaining walls and other landscaping features ancillary to the residential development, including approved signage and lighting. No accessory buildings except as indicated on the approved plans shall be allowed within Lot 46, Block 1 or Lot 10, Block 2. Within Lots 1 through 45, Block 1. and Lots 1 through 9, Block 2, the permitted uses shall be attached residential dwelling units. Outlots E, F, G and H shall not be used until they are platted into Lots and Blocks. After such platting has been completed, within the designated commons Lots permitted uses shall include common open spaces, private streets and driveways, utility systems, sidewalks, retaining walls and other landscaping features ancillary to the residential development including approved signage and ligliting. No accessory buildings except as indicated on the approved plans .shall be allowed within the commons Lots. Within the areas to be platted for individual ownership, the permitted uses shall be attached residential dwelling units. The maximum numbers of residential dwelling units within tire residentially zoned portions of the properly north of Kelley Parkway are 62 Lofts units, 49 two-story townhomes, and 51 rambler townhomes. II-Page 2 of 19 Developer Initial^jJ^ City Clerk Initial pjy e) Outlots A and D idiall not be used except for public recreational trail use until such time that they arc platted into Lots, at which lime their permitted uses will be further designated; except that Outlet A may be used for a temporai7 sales trailer and parking area for the residential portion of development until such time that the trailer can be moved onto the residential portion of the property. f) Outlots B and C shall be used for regional stonnwaler ponding purposes and public recreational trail purposes. No other uses will be pcnnilted for Outlots B and C. Other ir.ses shall not be allowed except by arnendnrent of this PUD agreement. 5. Site Access. The only residential access to adjoining public streets .shall be onto Kelley Parkway, except that future developrncirt within Oullol H shall be allowed otre sltared driveway access onto Willow Drive. Access drivewav locations shall be as showrt ort the approved site plan. Exhibit A. A righl-in/right out access from Willow Drive to Outlet A may be ir.sed to access the parking area for the temporary sales trailer until such tiirre that the trailer is moved onto the residential portion of the property. Future long-term access to Outlot A fronr Willow Drive shall be determined at the time Outlet A is developed. Future acce.s.>i to Outlot D shall be solely from Kelley Parkway. No direct access from Outlots A and D shall be allowed to Highway 12. Internal circrrlation for the I’roperly shall be via private driveways, sidewalks and parking areas within the defined common areas. Building Design and Con .stniction . All residential buildings ort the Property shall be constnreted according to frnal plans which shall first be certified by the Planning Director as being in conformity with the approved plans attached as Exhibit <; to ensure compliance with the architectural standards of the RPUl") District. Final decisions by the Developer regarding colors, types and qualities of building materials shall be subject to City staff approval to confirm their conformity with the approved sample colors, types and qualities docurnented by reference in Exhibit (J. Con.sfiiiction of all buildings shall be in conformance with the building codes and regulalimis adopted by the City of Oroi'o. Any substantial changes to the gross square footage, footpiiiit/wall/roof dimensions or defined building heights shall require a prior amendment to this Agreement. “.Sub.stan'ial changes” shall include, but not be limited to, (1) an increase in jposs square footage or footprintAvall/roof dimensions of any unit so as to require a rcplalting to keep the unit within its ownei.ship Ixrt; (2) any increase in building height for rambler townhomo units or two-story townhorne units that would result in the n«;cd f(jr a va'iance to the standard 30' height limit; or (3) a one foot or g.icatcr increase in height of the loll building above the 38' defined height approved per Resolution No. 4915. The separation distances between townhorne buildings shall be a minimum of 15' except where .specifically shown us Ics.s than 15' on the approved Crcncrnl Devclopnicnt Plan. Within each Phase of development, if any change.s to plans result in building separations le.ss limn 15', such plans shall be subject to prior review and approval by the CTly Council. Page 3 of 19 Developer Initial I _ fr Landscaping. The approved landscaping plan attached to this Agreement as Exhibit E shall be strictly adhered to, with the following conditions: a)The beim along the Public Works site east boundary may be extended as shown on Sheet C2.3 to assist in establishing a buffer to the Lofts; however, any buffer walls, plantings or other improvements shall be located on the Lofts site as shown in the approved General Development Plan. The Developer shall take extraordinary efforts to minimize impacts on existing vegetation and enhance screening and buffering in the area northwest of the Lofts west building. Final landscaping plans shall be subject to the recommendations of Wallace Case as enumerated in his letter dated 11/6/02 as revised or amended per the Memorandum by Tom Kirby dated January 17, 2003. The Homeowners Association(s) shall be responsible for permanent maintenance of landscaping per the Landscaping provisions of the RPUD District. Prior to commencement of each Phase of development. Developer shall provide Landscaping Performance Security for the landscaping associated with that Phase in the form of a Letter of Credit in an amount equal to one and one-half times the value of such landscaping improvements as determined by the City. The letter of credit shall provide for reimbursement to the City of all expenses incurred by the City for engineering, legal, contracting or other fees in connection with making or completing such improvements should the Developer fail to complete them. In the event that construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the Developer and the surety. The Letter of Credit shall be provided prior to the issuance of any residential building pcmiits and shall be valid for a period of time equal to two (2) full growing seasons after the date of installation of the landscaping. The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. Lighting . Site lighting shall adhere to the approved lighting plan attached to this agreement as Exhibit H, Street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Public street lighting along Kelley Parkway shall be installed and maintained by the utility comj any through a standard agreement between the City and the appropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while providing the necessary level of security. Such lighting shall be of a style, number heiglit and location approved by the City Council. Interior street lighting shall be maintained by the homeowners association. Page 4 of 19 Developer Initial /\^f|^ SignaRe . Signage on the site shall be limited to tlie required traffic control signage, building designation signs, and the approved monument signs as shown on the approved Signage Plan attached hereto as Exhibit I. Parking and traffic control signage shall be installed subject to City staff and City Engineer approval. 10. Additional Conditions of Approval are dociunented in the Special Conditions Memo attached to this Agreement as Exhibit K. It. Development Phasing 1. STONEBAY is intended to be developed in a number of sequential Phases over a period of 3-4 years. The various Phases have been designated as Phase One and f uture Phases A through D, per the Phasing Plan attached hereto as Exhibit L. The sequential order of development of the various Future Phases has not been absolutely established, but relies to some extent on market conditions and demand. Therefore, this Agreement will pertain primarily to the Phase One improvements, and shall be amended as necessary prior to commencement of improvements for each Future Phase. 2. The Phase One improvements include the constniction of Kelley Parkway and associated curb and gutter, sidewalks, lighting, signage and landscaping; construction of municipal sewer and water mains and facilities within the right-of-way of Kelley Parkway; construction of stormwater piping and facilities including the regional pond south of Kelley Parkway; construction of private roads and driveways as well as private and public sewer and water lines and facilities within the area designated as Phase One as shown on Exhibit L; and general site grading for Phase 1 and future Phases. Phase One of the development includes the construction of 28 two-story lownhome units and 26 rambler townhome units. 3. Commencement of Phase One improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees (Park Dedication Fee, Storm Water and Drainage Tiunk Fee, and Sewer and Water Connection Charges) for Phase One. Commencement of Future Phase improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees associatcQ with said Future Phase. The Development Fees for each Phase shall be based on the proportional acreage or number of units within each Phase depending on the method of calculation of each fee, relative to the total project. The schedule of Development Fees is attached hereto as Exhibit M. I- Nothing in this Agreement is intended to prohibit tlie commencement of Future Phases prior to completion of earlier Phases, nor to establish a specific sequence for the various Phases. Completion of Phase 1 improvements shall be required before commencement of any Future Phase, except that Phase 2 grading and utilities may be commenced prior to completion of Phase 1 improvements. Page 5 of 19 Developer Initial ^ t ^ City Clerk Initial X41/J C. Covenants 1. 2. 3. 4. 5 6. The^Developer shall establish covenants governing the development and containing as a minimum the following elements; Creation of Homeowners Association(s). Establisliing rights & responsibilities of HA(s) and/or others. Granting of the various required easements as noted within this and other approval documents. Addressing prope^ maintenance responsibilities, including maintenance of the common areas, private roads and other facilities, and the stormwater pond. Establishing use restrictions. Establishing architectural and landscaping standards, including maintenance thereof. Establishing specific covenants to address the following; a. The City ’s Public Works operation may be a 24-hour operation dependent on weather and other emergency situations. Covenants shall include a provision requiring disclosure to Lofts unit buyers regarding the Lofts buildings proximity to Public Works to help limit the expected complaints about City activity and noise from the Public Works site. Further, a disclosure regarding the proximity to potential Public Works operations of the most northwesterly uruts of the rambler townhornes shall be required of the buyers of said units to help limit the expected complaints about City activity and noise from such operations. Language should be incorporated that documents police department accessibility (right-of-entry) and rights to enforce parking or other laws or ordinances on private roads or common areas, c. Incorporate into the language an acceptable definition of “Drainage and Utilities Easement ” as used on the plat drawings. P. Installation and Maintenance of Improvements Improvements; In accordance wim the policies and ordinances of the City of Orono, the following described public or private improvements (hereinafter collectively called* the “Improvements ”) shall be constructed and installed by the Developer according to the terms and conditions contained in this PUD Agreement. Maintenance of all improvements shall be as described under item 13 of this section. Specifically; (a) Phase I improvements shall be as outlined in section B.2. of this document. (b) Site grading, streets, driveways, concrete curb and gutter, parking lots, sidewalks retaining walls if required and all necessary erosion control measures per the Grading, Drainage & Erosion Control Plan attached hereto as Exhibit B (hereinafter called "site grading improvements"); 1. Page 6 of 19 Developer Initial City Clerk Initia l^/737 :♦ REQUEST FOR COUNCIL ACTION Date: ••r'CTlMQ FEB 2 6 2005 Fcbriaiy^sSob^^ Item No.: 10 Dcparlmciit Approval:Adminislralor Approval: Name: Michael P. GafTron Titk: Planning Director Agenda Section: Zoning Item Description: #05*3083 ProposcfiPfMUSA Amendment, Myrtlewood & 25 S Brown Rd List of Exhibits A - Planning Commission Memo and Exhibits of 2-17-05 Pursuant to published legal notice the Planning Commission held a public hearing on February 22"^ and subsequently on a vote of 5-0 recommended approval of the proposed Comprehensive Plan Amendment to add properties in the Myrtlewood Road area and 25 South Brown Road to the Metropolitan Urban Service Area (MUSA) per the attached Memo and Exhibits of 2-17-05. No public comments were received at the Planning Commission hearing. The next step in the process is for the Council to conditionally approve the proposed amendment subject to Metropolitan Council review and comment, and direct staff to submit the amendment to the Metropolitan Council. The property owners in these areas have requested inclusion in the MUSA to provide the option of having sewer (and water for Myrtlewood) installed to serve their properties. Once these areas arc included in the MUSA, the Myrtlewood property owners can then petition the City to complete a project to bring utilities into the neighborhood. This would be an assessment project with the residents agreeing to be assessed for all of the project costs. Sewer service is already available for the property at 25 South Brown Road, and the property owner could connect to this sewer upon cither paying or agreeing to being assessed for the Fox Ridge Project sewer connection charge which is currently $18,485. COUNCIL ACTION REQUESTED Adopt the following motion: Moved by ,seconded by , to conditionally approve 2000-2020 Comprehensive Plan Amendment //3 adding certain properties along Myrtlewood Road and 25 South Brown Road to the defined Metropolitan Urban Service Area (MUSA) subject to review and comment by the Metropolitan Council, and direct staff to submit the amendment to Metropolitan Council. Vote:_____ayes,_______nays. MBS To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Greg Gappa, Public Services Director and Mike Gaffron, Planning Director February 17,2005 Subject: //05-3083 Proposed Comprehensive Plan Amendment - MUSA Boundary List of Exhibits A - Notice of Public Hearing B - Map: Myrticwood MUSA Addition Area C - Map: Myrticwood MUSA Addition Topography D - Map: 25 South Brown Road MUSA Adtlition Area E - Map: 25 South Brown Road MUSA Addition Topography Introduction This is an application from the City of Orono for a Comprehensive Plan Amendment to add several existing developed properties to the MUSA. The MUSA (Metropolitan Urban Service Aiea) defines those portions of the Metro Area where development is allowed to occur with municipal sewer rather than with septic systems. Myrticwood Neiahborhood MUSA Expansion The first area is the Myrticwood neighborhood which is located northeast of the Highway 12 / Wayzata Boulevard intersection in the 2.0 acre rural residential zoning district This 10 lot subdivision was platted in the I960 ’s with lot sizes ranging from one to tliree acres dry buildablc area. Five lots hjtve nonconfonning septic sy.stcms and five lots have conforming septic systems. There are limited replacement septic sites on these lots because of the steep topography and wetlands in this area. A review of the area map shows that the Myrticwood Neighborhood is the last older developed neighborhood, with .smaller substandard lots, in this area of the City that is in need of sewer .service as the other older developed ncigliborhoods already arc in the MUSA and have sewer service. This area was not included in the 2000 Compreltensive Plan MUSA expansions because there was not any sewer service close to this subdivision. The City of Wayzata is now constructing a new public works fijcility directly south of the Myrticwood neighboiiiood and has completed the '•xtension of sewer and water utilities to sci've the new public works facility. The existing Wayzata Public Works facility will be removed for the new Highway 12 construction project. The City of Orono has contributed financially to the Wayzata. sewer and water extensions to provide cajracity and service connections for future service ol thc Myrticwood neighborhood, fhe neighborhood residents have submitted a petition to the City rerpicsting .sewer and waiei service for their neighborhood and the first sleep in this process is for this area to be added to the MUSA. If #05-3083 MUSA Anicndniciil! February 17, 2005 Page 2 25 Soulli Brown Road MUSA Expansion This is an existing developed properly located on Brown Readjust south of Watertown Road with a failing septic system. I'he house was constructed in 1940, and the eonstruction date and details of the septie system arc unknown. The property is 3.0 acres with 1 .5 acres of filled or disturbed soils unsuitable for septic with the remainder wooded. This property is in the 2.0 acre zoning district. In 1999, when the Fox Ridge area was sewered, a pressure sewer line was installed along Brown Road from the Fox Ridge neighborhood north to connect to an existing Long Lake sewer line at Watertown Road. At this time, sewer service was offered to the existing developed properties along Brown Road that were adjacent to the sewer. These properties were eligible for sewer using a pool of 50 sewer units that were granted to the City in 1994 when ten existing neighborhoods were added to the MUSA. Sewer service has now been provided to all of these ten neighborhoods. The properly owners at 5 and 15 Brown Road had nonconfunning septic systems and connected to the sewer line and were then added to the MUSA in the 2000 Comprehensive Plan amendment. At that time, the septic system was not failing and the property owner at 25 South Brown Road was not interested in connecting to sewer. This properly was inadvertently not added to the MUSA in the 2000 Comprehensive Plan update. There is a new property owner who is interested in connecting to sewer as the existing septic system is i: j w failing. 3’his new owner bought the property based on the availability of sewer. Tliere are also four properties ,to the south, on the west side of Brown Road that were offered sewer in 1999. These properties all have conforming septic systems and were not interested in connecting to the sewer in 1999. The 2000 Compressive Plan approval by the Metropolitan Council invalidated the pool of 50 sewer units that the City was granted in 1994 and under today ’s standards it would be very difficult to obtain approval of a MUSA expansion for 2 acre density lots with confonning septic systems. Tlierefore, these four properties are not being included in the MUSA expansion request. Process 1 he public hearing is the Hist step in the process for completing a Comprehensive Plan amendment to revise the MUSA. Once Planning Commission has completed the Public Hearing and recommended approval, a Resolution will be presented to the City Council for conditional adoption of the amendment subject to Met Council approval. The proposed amendment will be submitted to the Met Council on their standard forms with supporting infomialion, and also submitted to adjacent municipalities for comment. Once Mel Council has approved the amendment, theCitycan fomiallv adopt it by resolution. After the amendment takes effect, actual construction of sewers and the assessments for same arc topics primarily dealt with by the Council with no further Plannin Commission action required. Preliminary discussions with Met Council staff indicate because th^ area of the amendment is less than 40 acres, and because there are no impacts to metro systems th*^ amendment will likely be considered as minor and timely approval would be cxnected ' ^ ^05-3083 MUSA Amciiiliiienl February 17,2005 Page 3 Basis for Amendment The primary intent of the amendment is to solve current and potential future sewer issues for a small number ofexisting developed substandard lots. Tlie 2000-2020 Community Management Plan made significant expansions of the MUSA to include developed or developing areas of the 2-acre '.ionc surrounding Orono’s lakes. The City (purposely) has not revised the zoning in most areas where sewer has been provided during the past quarter century, and retrofitting of rural neighborhoods with sewer has in most cases not resulted in greater densities of development than if sewer had not been provided. This is also the case with the current proposal. Properties for loclusion in 2005 MUSA Amendment PINS 8 Addrc.ss Status l.o( Areas 36-118-23 33 0009 10 Myrllcwood Road 0.9 acre nonconforming lot witlt a confonning septic system Dry 0.6 ac Wet 0.3 ac 36-118-23 33 0013 15 Myrticwood Road 1.3 acre nonconfonning lot with a nonconfomiing septic system Dry 0.7 .jc Wet 0.6 ac 36-118-23 33 0010 20 Myrticwood Road 1.1 acre nonconfonning lot with a nonconfonning septic system Dry 1.1 ac Wet 0.0 ac 36-118-23 33 0014 25 Myillcwood Road 1.5 acre nonconfonning lot with a nonconfomiing septic system Dry 0.9 ac Wet 0.6 ac 36-118-23 33 0011 30 Myrticwood Road 7.0 acre confomiing lot with a nonconfonning septic system Dry 3.0 ac Wet 4.0 ac 36-118-23 33 0015 45 Myillcwood Road 1.4 acre nonconfonning lot with a confonning septic system Dry 0.8 ac Wet 0.6 ac 36-118-23 33 0006 50 Myrticwood Road 7.0 acre nonconfonning lot with a nonconfonning septic system Dry 3.3 ac Wet 3.7 ac 36-118-23 33 0020 60 Myrllcwood Road 6.5 acre nonconfomiing lot witli a confonning septic system Dry 2.6 ac Wet 3.9 ac 36-118-23 33 0018 70 M>Ttlcwood Road 1.6 acre nonconforming lot with a confonning septic system Diy 1.2 ac Wet 0.4 ac 36-118-23 33 0012 90 Myillcwood Road 1.7 acre nonconfomiing lot with a conforming septic system Dry 1.3 ac Wet 0.4 ac 03-117-23-21-0001 25 South Brown Road 3.0 acre conforming lot with a failing septic system Dry 2.9 ac Wet 0.1 ac Total Area 33.0 Acres, Dry 18.4 Acres, Wet 14.6 Acres r ' i 3083 MUSA Anieiiiliiieiil February 17,2005 Page 4 stair Recommendatton Review the proposed amendment to the MUSA boundary, and hold the public hearing on the proposed amendment. Please advise stalT of any issues that should be addressed prior to the public hearing. Staff recommends approval of Uie proposed MUSA amendment Options for Action 1. 2. 3. 4. Recommend approval. Recommend denial, stating reasons. Table for further information. Other. IBM Affidavit of Publication HiB ol Minnesoia, Counly of Hpnnffpin jilh P. AnJefiJon, being duly swofft.on oath says )t he IS an authorized agent and emftloyce ol the blisher ol the newspaper known as THE PIO- :ER. Mound. Minnesota, and has lull knowledge tlie larts which are stated below: iThe newspaper has complied with all the require- }nls constituting qualilications as a qualified wspaper. as provided by Minnesota Statute 1A.02, 33IA.07, and other applicable laws, as rended. The Dfinled City o> Orono - • Land use applications ich is attached was cut from the columns ol said wspaper, and was printed and published once ch week lor_____t successive weeks: It was lirst published Saturday, Ihe^^ davol ^'^^^ni arKt was thereafter printed and published every Saturday, to and including Saturday. 12 Februarythe day of______1 .A ' > tAARlEHAASTRAU -T-./fUOlC-MWNtSC • '■•.VLrrcouKTV ascribed and sworn to me on this '__day ol , 2005 By:.\uy^u tr: rT, f'otary Public Rate Information .ow»it clMtlfM fata paid by commarclal uaara for com- M tpaca: $15.50 par Inch, lailmum rata allowad by taw for abov# mattar; $16.50. lata actualiy chargad for abova mattar: $7.60 par Inch. Each additional auccaaalva waak: $5.40. A legal notice CITY OF OflONO 2750 K«lity Pa/kway, PO Boi 66 Cryatal Ray. MN 55323 Phm (9S2> 249-4600 Fa« (952)249-4616 Bomtify 10 mchida Ibe proparly locatad al 75 Browm Road South, and ai propar- iiat localad wkian iba ptat of -Uytmmxxr l#i ^ ______________________________ MOTfCE I in Saction 36 Townah^) 118 Ranoa 23 i TNt avpanalon of iha MUSA woukf alow f to* avantual provalon of munfcfpal atwaf f 10 Iha aub)aci propariJaa^ A 105 3064 Jamaa and Patricia J TK- . w juaa jamaa and Palricli puttie haaimoa in tha Orono Counci Chainbara at ?780 Kalay Parkway on TbMd^^ FaOruafy 22. 2005, btglnnlng al 8 00 p.m on tha mattar ol raviawaig tha toiMttno Itnd uaa appicallortf nol a tnal aganda ar¥f tt lubiact lo Chang# pror to Iha hcarmo Wrilan com 'band ara accapiad and should ba tub fbilad k) Iha Cky of Orono by fabruary 16. 2005 V possibit Plant art avalatta kif raviaw m iha Ctty Ofbeat and al Uttar aitad parsons art ancouragad lo conlacf Iha Cify lor lurlhar Inlormallon for an appormmartL plaasa cal (952) 749 460a 1. #05 3070 Jarry Boldi»r>ow. 70 North Short Dnva Wait. HR - is fonaig c8ilr«, raquasla a condMonai osa par mi lo allottr a norwanlal guasi i^wrlmanl •bovt tha txMtlno atlachad garaga. kig ttairct. raquasl a front yoid lafbock vartanca H> parnttl a from yard satback of 72’ahan KXrisnermaly raquiradand 77’ currandy aslsta In ordw to eonsiruci 2 odditonal aialla 10 tha astsWig slmtta slal allaohad garagoi Cky ol Orono By Plfvming Comnttaalon Mchaal P Oaf run. Plannkig Oiraclor 2. #05-3074 Saan and Malissa Womtookl. t379 Park Drtva. LR - IB rorv 7 905 3066 Jult Krtsint on bahai of A# Ann Hak Fastttorw and buiAng ownar Alack Q. Ovorson. 3455 Shoralna O^Na, B -* 1 rorttng dtolHcL fOQuasts a commarclal ska plan ravlow In ordar lo opwaliobaaulyshopmairsaionoutofan j Ortittng kiwar itval vacant ipaca iocalad »*bt1adal: Omno Lily OIIIcm Crytlal Bay Post QUct wong Lana Poaf Of.ica Navarra POM Oflica IPuoHhad m fha fakarond TTia Pkmaar on Fabruary 12. 2005) VTT'.-------..r. - ,n i\mr mniang loarar lavai vacar kg dtolfleL raquasl an aflar-Ota-laci con- st ths raar of tha biAflna dttonaf us# parnttl and varlanca lo parim ^ s sarlat of latatrttng wall and — gracing wthki 75 of iha laka and alao a hardcovar vananca wOhln iha 75 - 25(7 fona lo parnttl 31% hardcovar whan 25% Is normaiy alcnvad .3.f05-3078 Gary and Lyrwi ChrtManaa^ 3500 Ivy Ptaca. LR - 1C torttng dMrlci. raqusM a laka ttirafli vartanca lo pormi a laka aaiback of 4(7 8 #06 3068 Pttthp and Casaancka Ordaay. 1146 Sbctfi Aimnua Nor*t. LR - 1A nrttng dMrtcL raquasl a lop of ttui ■ttbac k Mrivico In ordor to oortokuci ■ now roMdMwo oncroaehtog tha raqukod aonopofttuflaoitoelL 9. 905-3007 Scon SchnakJtr on bahaB of Androw and Marcia Fraasa. 2914 Casco Road. LR - 1C rontog ZSliS?I.?. N}"fc«ww prnim iwntaNw w»ln tt« n’-ttir adcMonaf story abova to# «Mng tool* tWiRn #06-3082 Amaa Conalnidton on of Lakavtaw Oott Coursa, 406 North Arm Orkm. RR - 16 rorttng ciairlcl. roquoili a eondtoonal us# parrrttl in ordar to ptoca approximBiaiy 6.000 cubic yard# oftti on alia atoich w« uilmalaly ratocala Iha aalsflng I3ih graan to tha south approstmaialy 50 laal 5 #05 3063 C«y uf Orono. raquasts a Crmmurttly Msnagamanf Plan aniancF mam In omm lo aapand iha Cky's 2070 MafropoMan Uiban Sarrtca Araa (MUSA) 10 #05-3088 Mtohaal Kuruato. 850 WaM WOyiaia Bottavard. RR - IB ronton fistrtM. raquaala a oondtoonal usa panrtti to ontor to oparaia ■ Momassod .Vneol capatta of sarvtog 69 chMran todudkm 29 totomt and 40 lodciars rvigkv to aga of 33 mortths to 6 yaars old out of toa aslatlng Cocnarsiooa Naw Taatarrmni Church buMna Al parsons wishing to ba haaid ara anoouragadloallandihiamaating Tttais lik BO.. A f ly to mchx* Uw property tocaMd 'own RoMf South, and ai piopar- HMttMhm fha plat ol -MytUaMootf on 36 Townsh^) IIS Ranga 23 lonalon of Iht MUSA woUU afcw lual provteion of muntctpat mww AM proparnaa. ^ - a* T-----I ■ I I i— QFW riB w ia~rr^ m ^ •OS 3004 Jamaa and Patricia 360 Bayilda Road. RR . 1A MO c«. raquaai a frani yard aa!bacJi to pariaA a front yard aatbadi of lOtris nomtaly raqufrad and 77' •atoti In ordar to canalmd 2 li atafia to tha aadaOno tto(^ tial oafaoa^ K 3066 Juia Kraalna «i bahal nn Hot ^ashlona and buldtoo •ct a Ovaraon. 3456 Shoralna - 1 fontig dtottct. raquasta a laf alia plwt ravlaw in ordar to baoMyahopfhattatonoularan j totof toitof vacant spaca tocatad r of too buldlng to-3O0S PNR) and Caaaanddi 1148 Sbrfft Avanua North, LR - I (Stortct, raquaai a lop of tauM artonca In ordar to oonatrucl a anoa ancroacMno tha raqutad bluff aatoacti. fi-3067 Scott Schnafdar on Andraw and Marcia Fraaaa. to ftotot Attod. LH - tC TorM ataatt a hardcovar vartanoa to 5 hardcovar ivMiin lha 75 ’ 25(r 26% la normally alowad. 31% toaia and 27% «mm pravtouafy and an avaraga lafcaatm aai> tea to parmt conaiructton d an dory aboito tfia aaladno toot^ 6-3006 Mtohaal Kuruvfla. OSO ala BoulavBid. RR - ig lortoig uada a oondtoonal iiaa parmt oporala a Modaaaorf Smnni •arvtno 66 chidfan inctodtto «d 40 lodiSara ranging to aga fit to S yaara old out ol lha brnuraiona Now Ttatamant dng tona ftoahing to ba haard ara to aOand ihii maallr^ TTaia »tol a final agenda and la aulM to changapriofloihahtarino. WrNiancam- nHuaa a/a accapted and ahouid ba mb- mAlad to tha Dty of Ororto by Fabruary *6. 2005 I poisiilo. Plana ara avalaoia tor rawaw to lha Cffy omcac and al tolar- ailad paraona ara ancouragad to eanlaci lha Cty for iurthar totormatton For an Wtotonani. ptoata cal (662) 249 4600 Cly ol Oono By Planning Commiaaton Mchaaf P Qtffron. Ptonnlng Oiractor Pbafadal Ontno omcm Cryaiaf Bay Poai Crflca ^ong Lain Roat Oflica Navarra Pbat on tea (Puhiahadto Tfm Lskf Md Tfm Plantar on Fabruary 12. 200S ) a~W'XL ^voov\t\Li vkim fi X I \ -J. ri : *1 'tMA. BlutMEW pyBUc WooXi' fAttmV rxiniNd hM>5A i ' / 7 m m fC^m, iV.. ‘iK Mi umIm 'M k-2^' ' ' .v'v®-- V. r-r.iSV i/«*. _ r' ‘«fii''.- m^mi B:' <M^i m K«SM^fS-£' m :'^Y W 1 ;/Yf'^-4'V:A»V i'“ .♦ ■w if^v ■''^V '“’) :r % «'w/v+'Sr V j ■ /<';■:.^ ^:;-‘ .-,^,f‘.^; V. • • > ’ ’^ - ' . /-,f V •.iTJf-m \ . -w . 'Mk-e i mmmmrnmmmmmmmmmmmm^'^m^mm^SfgJ^'-- ^ - >‘'i t ^ u /\ I I I u ) I A c« coHfomm sfpuc NC*NdHC<’NfORMNC senic 'Li> bflOTH BIlflWN ILO^D IsAUSA M'B/S BE©.@S T.UVF E.EB U/i^\W0ioU tr/Ab m *«IMOIVIttOM MO 1 •MMOIVItlON MO 1 I tf AMO fUMOIVIAIOM M ^ tfCTIOM M TOWNS SOMCTilCS flUCRfl£0 T( *PLAI Of £ B Sy SCCnON 34 TOWNSlf 5£wa fAtU Ui jilllC0UfM.N«Uf Stnvc .%tOH ait aiooo iwajtM — — • ST0«M SC»n» 05THCT B tCNOOt Ot^TMC* BOlMOa .............. tAfcfiSMCo otsinci Bou .............. BOt«CAf>f — — UUMCtf^Al fC*UMC4Pi U ARIU I \ U XS SOOTH BkOWM KOM MUSA N ^ M m #» A S * • •; ; V ^ ► i ‘J. ■. « » • \J I 6 Date Application Received: 1-18-05 Date Application Considered ns Complete: I-18-05 60-l)ny Review I'criod Rxpires: .1-18-05 RKQIJKST FOR COUNCIL ACI ION Qpy) mrcTIMG FEB 2 8 2005 cn Y Of-' CKO.MO Dale: l-cbruary 24, 2005 Item No.: ^ ^ Department Approval: Name: Janice Ciundlach^ Title: City Planner Administrator Approval:A}*emla Section: Zoning Item Deseriplioii: //05-3084, Jaii'es & Patricia Olson, 4360 BaysUlc Road -- Variance - Resolution Zoning District: HR I A, One Pamily Rural Residential District (5 acre minimum) Lot Area: 3.51 acres (153,157 s.f.) Lot Wicllli: 426 feet List of Kxliiliil.s A - Resolution per Planning Coniinission Reconiinendation 13 - PC Action Notice 2-23-05 C - PC Mei’io and l•;xhil)it.s of 2-17-05 Application Summary: Applicant requests a front yard setback variance to permit a front yard .setback of 72’ when 77’ currently exists and 100 ’ is normally required. The applicant is proposing to construct an attached 2-.stall garage adjacent to the existing single stall garage. Planning Commission Recommendation I he Planning Commi.ssion voted 5-0 to approve a front j.ird setback request in accordance with the stall recommendation noted below. Staff Recommendation Staff recommends uenial of the reipiest as submitted. Staff would however lecommeiul approval of a frrrnt yaid setback variance of 77' which would not increase the existing non-conforming front yard setback fhe ap|rlicant will have to redesign the garage to achieve a 77’ setback. • \ resolution consistent with this lecommendalion is attached for your consideration. COUNCIL ACTION RFQUK.S ri-.D Adopt the attached Resolution granting a front yard setback variance of 77’ when 100 ’ is normally rei|uired to allow construction of an attached garage for 47'*'' Bayside Road. L A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 (B) FILE NO. 05-3084 WHEREAS, James A. Olson and Patricia E. Olson, husband and wife (hereinafter “the applicants ”) are the owners of the property located at 4360 Baysidc Road within the City of Orono (hereinafter the “City”) and legally described as follows: That part of the West '/a of the Northwest V* of the Northeast % of Section 6, Township 117, North, Range 23 West of the 5"' P.M. described as follows: Beginning at the Northwest corner of the Northeast ‘A of said Section 6; thence East along the North line of said Northeast 14, 514 feet; thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Road which extends across said Northeast 14; thence Northwesterly along the centerline of said County Road to the West line of said Nortlicast 14 and thence North along said West line to the point of beginning, according to the United States Government Survey thereof, and situated in I lennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an attached garage 72 ’ from the front lot line when 100’ is normally required and where a front yard setback of 77’ was recommended for approval so that the existing non-conforming front yard setback is not increased. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3084. 2.The property is located in the RR - 1 A, Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300 feet, fhe applicant ’s property is 3.51 acres in area with 426 feet of width. Page 1 of 5 ii 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of a front yard setback variance to allow u setback of 77 feet based on the following findings: a. 'Hie existing house, which has a setback of 77’, was constructed prior to adoption of the current setback requirement of 100’. b. Approval of the front yard setback request of 72’ wouid not be consistent with past approvals on lots with similar conditions. c. Approval of a front yard setback variance of 77’ will not increase the current non-conforming setback of 77’. d. The request to increase the number of attached garage stalls from the existing single stall is a reasonable request based on the current construction trends. Tlie City Council has considered tliis application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Flan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow Page 2 of 5 construction of an attached garage IT from the front lot line when 100’ is normally required so that the existing non-conforming front yard setback does not become more non-conforming, subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicant and annotated by City, staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review, 2. Authorities granted by this resolution run \vith the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 28,2006). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, '.'.nderstand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28**' day of February, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 STA I'E OF MINNESO TA COUNTY OF I lENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson. Mayor of the City of Orono, a Minnesota - ^ A A ^ ^ A mmunicipal corporation and said instrument was executed on beliulf of the City. Notary Public STATE OF MB4NESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vec, City Clerk of tlic City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public 0^ Page <1 of 5 f ?, « * STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by James A. Olson, husband of Patricia E. Olson, husband and w\'e. ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of ., 2005 by Patricia E. Olson, wife of James A. Olson, husband and wife. Notary Public Page 5 of 5 . TV. T.*4.i '-4. * ■ E)C,f^b>T K n« MON W9« I/I* cepi •*cw td B>C <le.V\SED TD M6ET ”77' ser&^ o demotes 1/2 NCM BY 14 INCH nOMPrCSPTN the CnOUMO AMO ««AfllvtO BY LICSNSi MO. 403M • OEMOTESArCXiNDIRONMONUMcMTAS LABflEO ® OEHOTtSMCNNC/INCO.MTYCAST tflON MOHUMCHr TSnl fiHl ul vr#tl t 117. 7.1 We COee*«e ul |h* Kotlhroil 1/4 Jl4 »Cll. C*^l*e »«»'• o1 I*'* Hof olo^Q ll*» o«>d Mo<l^ e'v*q S i0*0 Ca*v«'»»e>r«*l S»»**e uaili . lh-» »w'*^r d»e» "#t OclC'^'evc |H# CiOCI 10t\ • 0»k. I>«f CO»'l'9ClC» tf •ul 0> 1*'i >04u*t l» *•• 2J Ce^lfet CmiTR SH locntmN ot •'•oe 3 ) A lUic npV>i9« vot *• lo^ r»4le^ec Oe nur-t»* CDNdMClcd .f 'I** •*»(•«) A»ro * Cee^i >S6.( ni^Nt cl *^f IJ4 Htl »3 Aj»« • Oul'd A. 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Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3084 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 23.2005 TO: James & Patricia Olson COPIES: 4360 Bayside Road Orono, MN 55359-9438 TYPE OF APPLICATION:Front Yard Setback Variance DATE OF MEETING: February 22,2005 Planning Commission recommended as follows: Approval consistent witli the staff recommendation, which permits maintaining the existing IT non-confonning front yard setback, not the 72’ setback originally requested by the applicant. VOTE:FOR AGAINST Apolicant’s next scheduled meeting is confirmed as: City Council - Monday, February 28,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from tlic City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Ja;iicc Gundlach at 952-249-4623. 1 i. K05-3084 Fcbr««ry 22,2«»5 Piige I nf J Duic Appliciition Received: l-IS-OS Dale Application Considered ns Complete: I 'IS'CS 60-l)ay Review Period Espircs: 3-i 8-05 To:Chair Kahn and Planning C'lmniission Members Ron Moorsc, City Administrator From: Date: Subject: Janice Gundlach, City Planncr^!^ I'ebruary 1 7, 2005 05-3084, James & Patricia Olson, 4360 Baysidc Rond Front Yard Setback Variance, Public Hearing Zoning District: Lot Area: l ot Width: RR - I A. One Family Rural Residential District (5 acre minimum) 3.51 acres (153,157 s.f.) 426 feet Application Summary: Applicant requests a front yard setback variance to pertnit a front yard setback of 72 ’ when 77 ’ currently exists and 100’ is normally required. The applicant is proposing to construct an attached 2-stall garage adjacent to the cxi.sting single stall garage.________________________________________ Stajf Kccommeu'lation: Staff recommends denial of the request as submitted. Staf f would liowt .er recommend approval of u front yaid setback variance of 77 ’ which would lu't incrca.se the existing non-conforming front yard setback. The applicant will have to re^ck’siyi the garage to achieve a 77 ’ .setback.______________________ ____________ Pei'iinvnt Zoning Ordinance Seclion.s Sec. 78-395. Area, height, lot width and yard requirements. List of Exhibits Jixhibil .A - Applications exhibit H I lardship Documentation Fomi l .xhibit (’ l-lxisting and Propo.sed Survey b:\tiilr.t 1) .Survey dated 4/27/73 I'^.xhibii ii Propo.sed Idevalions Fxhibit F Proposed h'loor Plan l'!xhibit (i Photographs Fxhibit II Illustration of 24 ’ x 24 ’ Garage at Existing 77 ’ Setback Exhibit I Adjacent Property Owner’s .Acknowledgement Forms Exhibit .1 Property Owners List Exhibit K Plat Map l.of A 'cii \ncrcj>Lot Wiitth (feet)Kront Vnnl (reel)Side Yard (Iccl)Side Yard Adjacent to Street ifcct) Rear Yard (leet) 5 MM]100 !S()KM)100 «M)5-30S4 February 22, 2005 I'figc 3 of .) Iliinlsiiip S(»(cmcnt Applicanl lias provided a brief hardship statement in Fxliibit B, and should be asked lor additional testimony regarding the appliealiun. Hardiihip Analysis_____________________________________________________ /« conxMering appUciithnx for variance, the Planning Connnixsion shall consider the effed of the proposed variance upon the health, safety and welfare of the community, existing and anticipated Irajflc conditions, light and air, danger of flre, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Conunission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because ojlcircumstances unique to the l.idIvUtual property under consideration, and shall recommend approval only when It h demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that there is a hardship that supports some degree of variance. The existing house was constructed prior to adoption of the current zoning regulations. Al.so, past setbacks were apparently measured from the centerline of the roadway because the property is legally described to the centerline of the roadway. The northwest corner of the hou.se meets a 100 ’ setback from the centerline of the road, but because the lot line curves with the roadway the .southwest corner is shown at a 95 ’ setback. The existing Zoning Ordinance which was adopted in 1975 c.stablishcd the front lot line as the edge of the right-of-way, which occurred much later than construction of the hou.se. Now that a hard.ship has been established, it should be determined to what degree a front yard setback variance should be granted. It is clear that an attached garage cannot meet the 100 ’ setback beciiuse in moving that far off the front lot line it would no longer be attached. In the pa.st the Planning Commission has granted variances for situations such us this, however no increase in the non-eonformity is usually granted. Therefore, staff finds that the upplieunt could revise the depth of the garage to 24’ so as not to become closer than 77’ to the front lot line while still providing egress from the two windows off the 2'"* story of the existing home by creating a notch in the roof which would not be visible from the road or end view. Issues for Consideration 1 What degree of a liont yard setback variance should be granted? 2. .Should an increase in the existing non-eonforming setback of 77’ be permitted? 3. Is it reasonable to grant a variance for an attached garage when a detached garage could be constructed on the site within all .setbacLs? How about a 3-car total attached garage? 4. Are there any other i.ssues or concerns with this application? SlafT Recoin niendation To deny the 72' front yard setback variance request. Staff would recommend approval of a front yard .setback variance of 77’ which wouldn’t inerea.se the exi.sting non-conforming setback. The Planning Commission should advise the applicant to redesign the garage in Older to .achieve a 77’ setback. t* bAnioii ACity of Orono Variance Application street Address: 2750 Kelley Parkway Otono, MN 55356 Main; 952-249-4600 fax: 952-249-4616 Mailing Address. P.O. Box 66 Crystal Bay. MN 55323-0066 Application # Date Received Amount Paid; iTi>i Staff : Fee _ S600 Renewal;$300 After-the-fact; $1,200 Double Fee I his application form must be completed in full. App.canl v/ill be notified within 15 days as to ttie status of the application. Incomplete applications will not be placed on Planniny Cotnmission Agendas. PROPERTY INFORMATIONi^ O t Site Address; Property Identification Numb^ (P4W): ~ Jf ? - - (L'>C a (t>J. (Attach legal description to application if notJncluded on the survey.)oynciuaea Date Property Acquired (month/year); (/□ Yes, I own the adjacent parcels. / n n:horPresent use of property: ^ Residential ' □ Other Zoning District: ______ APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: A Vvi-wi-Pr J ______________________ Phone (home); Q.f, 1 • - cAf./Xp" Phone (work):, jiff of,). - 6>(g 7 - Address: v^rO.- . Email: 11 -rwr.^ >U-/^f/r!:> tTjV ..Titbit..FaJc: OWNER INEpF?MATION: (Complete legal rjames a'd fija^ital status required for each interested party) Name; tUKWIA I ILMM: (Complete legal i^mes c'd rna/ ^ 'A.-- ^lyVvvF/<^<.i^ ) Phone (home); DESCRIPTION OF REQUEST: Phone (work); Q 6 ~ 7 3lf'/ Fax: pnone (nome); *• ^ryi ih~ n______ rnone (w< Address: .i/? (l. Uvxf^ H t/;AT:, j I1)/C) Th Email; riTiiV ^ Estimated Project Cost: $ cX*! j"/ 1(l )A1 ^Describe the request in detaji (attach additicmal sheets if nece^ary): ^ j(f>70-ncc 'T^.-(7 <//V'tV" if L ** 'i ^ ( *I 1 » >* *tt » ♦ ^ V * % -• V } r REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. U Q N3 □ □ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6“* Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topoytaphiu survey - includiriy existing and proposed elevations. Provide one copy 8.6 “ x 11' or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requer:‘ed by City Staff depending on the scope of the project * APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Applicant's Signature: Date:--^C^/^Z Date: ^ OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and^yeriheation of this request. Owner's Signature. ________________ Dater"^^^M^ Owner's Signature: __________________________________Date; 7 7* Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. ^ ® y': ' ) V •n L-L- City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkv.'ny Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 For Office Use Only: City Planner; _________________ Meeting DateTTime: ltfZijo‘4 /DAf^ Main: 952-249-4600 Fax; 952-249-4616 PC Date: What is the purpose of a pre^ppHcation meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, ana identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 'JzloQ)MyProperty Identificati9n Number (PIN):__________________. Zoning District: kk~ Size of Property: ' - DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback ^ Front Yard Setback □ Hardcover □ Lot Coverage □ Lot Area . TJ Lot Width □ Other: __fU\ AlUt-nal/ K-'h'.'fi _________________ Applicant’s.,_ Initials: HARDSHIP: Applicant has received the Hardship Documentation Form, __understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:*^ _____________ Date: I ■II ':-n 4'»* -f! i ' ‘v.„ »... I « • EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a ‘■ jrdship bo demonstrated in order for a variance to be granted The hardship must h'- unique to the property as variances run with the land and not the land owner. Personal and economic situations arc not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must bo demonstrated HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justihed. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allovyed by the official controls." 1/- 2. y. ‘y t V cr5<*T/M< K Yi/ti’i. l //,«w5 plight duo to circumstances unique to his property not A c MLk. lA- ik Vf r V.V. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." !' r ( it •1.^ *----- Page 2 of 3 5. 6. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered cor.struction as defined in Minnesota Statutes, Section 11 6J 06. Subd. 2, when in "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zene where.the affected person's land is loMtedt" (%rhu PiTy nuw V'' 7. 8. ‘The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-familv dwelllrig "family d)we|lr^ "The special conditions applying to the structure or land in question are peculiar tOSU( 9. "The conditions do not apply generally to other land or structures in the district in duiiiunUi / fa y "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoninci Cfide" . . , .... , - , ,1 ,■ / ... w Aii.l ' ik ,2, el i' o I >• ^ r'j: I Page 3 of 3 12. “The granting of such variance will not merely serve as a convenience to the Mplicant, but is necessary to alleviate demonstrable hardship or difficulty." /■5 ‘ i A. OoYiA.f^<^ '^'^3 ^ Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property condition.-, preventing compliance wilti Zoning Ordinance requirements in the following lines (attach additional stieets if necessary): I oy-’^ 4.1 < ft K V 4 i »# «• •• • • V m^4V4tm 1M2I M COMO or »« /*^0r SCJL NP.IIf. 0K.b na mam coanv iM.Sa»”57 0Q-£ (CAST)514.00 JOHNSON V.l{Ea£R •d>AC3N. \ \ \ \ ^ H; § •Qyr \ iw 9 *c mm/* or Mi mt/9 or sc. o •tntiMC mm/* or ac iCt/i|or«c. •r r — -L-J-^-----------------------L._ MlOMt UOk'iCK (M9 4 IT** - . f\r- V \ \ \ • I » /Rr>r- o / \\ \\/ \CUM am OOOi »■ /// ip' \ 7 \ .v'\/ *'Vv L.r^ Ai \nr OOtMPVC O O0IOTI8 laOlCHBV MMCNflQNRPEKTN THC (MOUND AND MAfWK) ly iXMf NO 40944 • OCNOTE8 A FOUND WON MONUMENT AS LABELED. # OEMOTUHB4N&VI COUNTY CAST OIGN MONUMFNT \ HOKTH Previsions AOOSCPnCOWClL OOP 4 SCAlt IN rtCT BiM oflNo OMI 1/9 Of I«I4 WmMbm I 1/4 of Bio NofMoool 1/4 of SoelNn t. T< 117. MtrlK Booft IJ M of Mo 9Ui B.M. OoicraiO oo HMmmm Btplhiilit of Mo Nv somor of Mo NalAiool 1/4 of iMO SotUvi M Mooco Cool 0I009 Mo NorM Mo of nM NorMom 1/4, SI4 tool} MOROO SOOM 97 SOfTOM OR# 10 IRM oUO MmI 90S ImI Io IRO coRlor Sro of Sio CoMRiy Booi oMM oiMoBi ocrooo Mli N mMoooI 1/4; B imco NofMoooloHo otoRf MO cor IotMo oI mW CoMRfy N ooB to INo Mol Mo of mM Nor Moot! 1/4 orb Morco NorM MoRf oOU SNol Mo lo Mo »0M of StMwRMi. occorBMo lo Mo IMIoB Sloloo (^ovommoRt %urmf Moroof. onB Ntuolo M MoRRopN COunlf; Mrrooo (o mja 1. ) IHN oonwy BiOO ROl Oimori to Moo My vWlloO. TRo OMiroctor Mol BOtOnoMo (RO 0«OCt IOOOOM of My orb M OONlMf OlMUOO Oofort ooMRiMcJn^ ooriL IRo CMlroclor MoB bo My roMORBMo lor ORy or B M Bowooot orNlRS ool of RN Myro lo oooctfy locoto ORB »rolocl oB ooNMof fo^No. 2. ) CoRtocI CCMCll STAII (ME CAU Of t91>454-0002 for procioo Mollo Ioco U m of utBHMo orior to My OocOMfiOR. 1.) A IIBO opiRiM OM ROl MnlMoB lo Mo oorvoyor ORB ro Modflc UUo toorcR lor oONI orco or ror -oB oImco oI rocorBoB or uR>rocarBoB ooooRtonU Roo boM cm B u c IoB by IRo wropyor m port of Mo owrooy 4.) Aroo • Crooo: 1MJ2I So. ^L - 3.S2 Acroo mifii of Nop IA4B3 So. rt - ast actm Nok ISA197 So. n. - X9I Acroo Aroo • OuUol A. JOHNSON MCLfK 1ST AOON.: M95 S% 71. - D29 Acroo (for NformoCiORM purpoooo ORly) S) loRlRf or B oolbocb iRforwRotlM 00 proiiBod by Mo CSy of OroRO Nib SNos loRbife BB-1A - Om roRiSy Mirol B oNB or IMI ONIrkI (S Aero) SolbocbK 7rMl - 100 fool B om - 100 Mot SMo - 50 fMl StTMl SMo - too Mol i.) iuTMy NoRROpf" CoHRly 7.) NWROPOIO StOlO SlOllKO JBJB.M3 foOBU (NoRROpM COVRty Nlpfioow) ololooc Nopo or pMIO N oB Mr rooorB iiRBor MM OOCU m M ROl oporpio Of MoaoNroo or troROior UUo lo Mo proporly BooorMoB but MBb iROP B l) ARy oioBIBeo IlM lo MM Nirvoy or MolM Mo ourooyor oMf MM corUBoolMR or pmm RoBIfy Mo «oBBRy Of MM oonop ORly M orloMol oorvoy olM M OROB OOROUbitO «0iB COrlMMoliOR. 9.) MMrr Ir U woIIor M Mr QolMf A. JOHNSON BNCELCB 1ST AOOUION. M Mr I ROMOy COHir M« OM fiM or MOCObomi MS MPMB M unOOMny Bnci mmROMR Or O MM I Ml a Miy MOMiMrM MRO] MOBI 0« MM M M Otao UMoaoM (Mac OM JDOl OMf« (MaaoOor. RIM OAlNNh OONMAJN1. OK^ UmMP »N»40>M I s na to or to (SI jimsBsr UNO nOTF 1] XA&£ AO NOTION R30N6 •rrsBOl joaoioQNCtAnrtCATE owa iHorr* ^ \* • ' n V: 1 ' • H... j r 8 % t* . • 4. % EXHIBIT D Sv?C (z0 - //7" 2 -iV-si " PKonc: 473*8352 ARLEIGH C. SMlTltfF !E ’'lSSj Registered Professional Engineer and Land 2030 East Wayzata Boulevard Wayzata, Minnesota * 4?5“43o0 PLAT OF SURVEY ZIP. 55391 OF PROPERTY OF.iValter Benhardus 4360 Bay a ids Boad Maple Plain j Minnio ~ oo 55 9 described as follows:.See Siieet 2 *iV V * .• > 4 .V •. < ‘V' ' Seale: 1 inch /OO A/WJ Conner o*f #— m>^r.cc(o /s<' -feet ^ / r i *v U^fw j§ <* t r •.: . •. V : ^ ’f. • . •.; • I- I - ^v vV -'*- *’■* z ir .* 0 lA- !»? t*,! jr-tA A* 33-06' !> •;'U: T. 4,8... ^0 twAov^ CCHTUTCATE OP LOCATION OF BUILDING 1 hereby certify that nn 2.7 lo73 i ‘; made a survey of themm^ location at the building , on the above described property and that the location ■L »Tha^ building is comctly showi)f{n the above plat. CERTIFICATE OF SURVEY hereby certify that oa showi)^ / / purveyed the properly described above and that the ✓ above plat is a correct representation of said aurvey. a. /y >Ovj2jUo. ----------- I 5 Jt.iuieiiSr.A- CL • • CM Ji 2{ r- 01 S 2 os 0>a IP 5 s V i . • ... , . % V 0\Son \ 'll\\vroA Ve>“* Tor ■ r> \i a! i. 2 CM u) <T» Oau> <l «/» » l' f-^ \v' •• z.-'' •«» -■ > w- '• v' •- • V »* ‘ ’* V ^USO> b ^ Wltndovv I I ^' a ivjew '1 I 1 I ^ I *r I *■I •• I O' 4 ------- ..2)D j.qI no YVCor^o 61K Ao. w - ■■• Cono. ^-t^.I I ^ VvJ^6d.:b - fl4 " ex xOj I s t* i* i*,%r* ;l o ' It l51_ _2i£>l. Cl/ ■ Od J* bloc|^ Wlo\y W^sV J7 ___i__.......... 'l-Si , < $ > 3 9 s " I' •« %■ r* ‘‘>f jgi W M;'. '£*•- mm K3»^ta iiBn g; i*'.’ i 4 'T 4 • / 4 . > .*• r ii. ...> . V -rj / 1 !-^m ‘"./ifmmm r r /‘V*- •*'* % • “iT '‘*-‘'ky$ •V'.^ •M. P?:'p., 3: : * ’ ".- -i/i '-'/ •;. 7. < 7^ —'S*; 'Lk. i J k«--l;r 4iv.t HIM ■...•<*r-ir : “ ■■•i' '1, ..._, —.•r'.9mW^A: ■k 1 m r“''<VS4?'■•’> '■ -* \r •■*'!:• ^ 'laAr^ajii- l vT ....‘-''S Bis«sai ‘V.l-’ vi , J ll tv , * j ^ J ’!l^*V*V S:pl^ .r,^# ' t ,i\ 4 4 , - v«n;M. * .4 ■> V. mi I ' F) ■ i'-' V -F 'H;* ^ WP mmrn w ■ *:A^ 1»; m SSffl > .. V / i ' / ■» F ^ •■'v m nt - V .1.L^''J f . I ft A 'W.i "■foM? i'* '^>»^^•^* l»f e im teM:' 1 n K-, >. ^W. • r'^ . : 'i.' • \ ■:« * ' w 'V ■-'v'-. ■%' -'Ta.-* , ^ fT«V> ■•iT*. ?• > v'.' .-■ .. ' I I.'.."''? . tT -A 'vr.y'/vv; *j«.' vV'»y V •• ' 'V ■ . ■5 F .: ■ .« P i ^ r • *■ “‘ ' ^- -.V • ' V * • ^ V^ ’ . •.*» , ■</' ,■ -f- AT ^:^VfvT:.- W*’' '*. ’fSt y '>..f>^ * ']] bi / I ^« ; • ‘*** »- ypSP^ EL.»» *■ A. '^T. F) ^ ^ \ m "ZMmmr clnfpP'' # > Mi MAS , • • TV •teirir^>'. f: _ v^i EXHIBIT I I (we) ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM Ai fcfpcte- (print name(s)] (print address] have reviewed the i^ns for the proposed improvement or proposed use of the property at Pcfp g|gQ referred to as Land Use Application No.________. V located I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 11 I Property Owner Date Property Owner Date 1 (we) 5/Ll-i (print name(s)j (print address] have reviewed the plans for the proposed improvement or proposed use of the property located at / vAv^z/Jk' also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date ADJACENT PROPERTY OWNERS ’ ACKNOWLEDGEMENT FORM I (we) ifVW^Tgcj>feA;0 (print name(s)] __of ^cl (print address] ^ have reviewed the plans ipr the proposed improvement or proposed use of the property located at referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Prone Date Property Owner Date I (we) [print name(s)] __of tyA*'/ (print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapprove of the property or use but merely to confirm for the City Council that I (we) am (are) aware of Ihe^provement plans and ttiat the proposed neighbor's project or use requires Council approval-/- / ^ /f 3/ Property Owi^d Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ' V. V ' * ’H- t ,41 V .* i — ' J I (we) ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM O ■ of Wm6I l^cx [print name(s)][print address] hgve tesviewed ^e pjansfyor the proposed improvement or proposed use of the property iocated at <J"t>^.4nbLKr>ji^ also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, i (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires I (we)// [print name(s f of ^,'yr A [print adorcss) have revised the plans fer the proposed improvement or proposed use of the property located at -jjrUrrlrLC, (u/ Vv also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ./> . V" ' T'////7 '' o { Rq^erty Owner Date i. l:<.i|v7XyL- li 1♦Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at leaiit 10 days prior to the scheduled meeting date. i r’-\ "t * V V * * 77SI h I > V A X I > (Ri - X ’* RUN DATE; l/7^0O> 38 MII723I2000I PROP AODR 4360 BAYSlOE RD OWNER NAME J A OLSON A P E OL50N TAXPAYER JAMES A OLSON NAME'ADOR 4360 BAYSlOE RO MAPLE PLAIN MN 553S9 38 0611723120006 PROP AIJDR 38 ADDRESS UNASSKiNED OWNER NAME WILLIAM E KNAPP TAXPAYER CITYOFORONO NAMIVADDR P O BOX o6 CRYSTAL BAY MN 55323 38 0611723210007 PROPADDR 4461 HAYSIDEKI) OWNER NAME AARON F * Gl ORGETEI G J DHAN TAXPAYER AARON F * GLORGETTI G J UBAN NAMi;/ADDR 21 UNIVERSITY AVE N E MPLSMN 55413 38 3111823430009 PROPADDR 38 ADDRESS UNASSKiNED OWNER NAME CUV OF ORONO TAXPAYER riEY OF ORONO NAME'ADDR l“0 BOX 66 CRYSTAL BAY MN 55323 a ^ ■) HtNNEPlN COUNTY PROPERTY INFORMATION SVSTBM PROPERTY OWNERS LIST PAGE:I 38 06II723I20004 PROP ADDR 38 ADDRFSS UNASSKiNFD OWNER NAME ANNE T BlANCHARD TRUSTEE TAXPAYER ANNE T BIANCHARD NAMF7ADOR 45 CRISTOIORICIR ORONO MN 55359 38 06II723I20005 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WFA lEKNAPP TAXPAYER WILLIAM F & EVELYN KNAPP NAME/ADDR 83 CRISTOFORI CIR MAPLE PIAIN MN 55359 38 0611723120008 PROPADDR 4375 BAYSIDE RD OWNER NAME STEVEN C/PATRK lA L H WHITE TAXPAYER STEVEN & PAT RICIA WHIT E NAME/ADDR 4575 BAYSIDE RD MAPLE PLAIN MN 55359 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 3S 0611723210002 4455 BAYSIDE RO M & P JOHNSON MARK S & PATRICIA P JOHNSON 44^5 BAYSIDE RD maple ; PLAIN MN 55559 38 0611723210008 PROPADDR 38 ADDRESS UNASSICNED OWNER NAME M S JOHNSON A: P P JOHNSON TAXPAYER MARK A PA I RICIA JOHNSON NAME/ADDR 4455 BAYSIDE RD MAPLE PLAIN MN 55359 38 31 11823540012 PROP ADDR 4440 BAYSIDE RD OWNER NAME D MONfECALVO A N MONTECALVO TAXPAYER DAVID A NICOLE MON IECALVO NAME/ADDR 4440 BAYSIDE RD MAIM E PI^IN MN 55559 n X X 38 311I82343001S PROP ADDR 58 ADDRESS UNASSIGNED OWNER NAME W F A E KNAPP TAXPAYER WILLIAM P A EVELYN KNAPP NAME'ADDR 85 CRISTOEORI CIR MAPI F PLAIN MN 55359 s H I CT KTIIY IIIATTHE I ACES REPRl SENTI D ARE AN ACrURA IT. AND iKUE re :pre :si:ntati ()N oe ineorma iion as it ai ’pears nns date on the recx )RDS OE THE HENNEPIN COUNIT l AXPAVFR SI I^VICES DI PARIMENJr IpUJE OFMVKNO«aux-.,:*NU„ni,:,. ,■ - DAIK /u L/ / Dale Application Received: l•19•05 Dale Application Considered as Complete: 2-N-OS 60-Day Review Period Expires: 4-14-05 kEQUEST FOR COUNCIL ACTION FEB 2 8 2005 ClTYOFGHUvO Date: February 24,2005 Item No.: /T. Department Approval: Name: Janice Gundlach^l^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #05-3087, Andrew & Marcia Freese, 2914 Casco Point Road Variances - Resolution Zoning District: liOt Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('Z acre minimum) 0.60 acres (26,162 s.f.) 235 feet at shoreline; 95’ at 75’ setback List of Exhibits A - Resolution per Planning Commission Reconunendation B - PC Action Notice 2-23-05 C - PC Memo and F,xhibits of 2-17-05 Application Summary: Applicant requests the following variances in order to construct a half story above the e.xisting 2 story home in conjunction with other remodeling: 1. Hardcover variance to permit 29% hardcover within the 75’-250’ zone when 31% cmrently exists and 25% is normally allowed. 2. Hardcover variance to permit 1.7% hardcover within the 0-75’ zone when 3.7% currently exists and 0% is allowed. 3. Average lakeshore setback variance to permit construction of a 'A story above the existing second story where the existing house encroaches approximately 9 ’ to 25’ (measuring east to west) into the required setback. Planning Commission Recommendation The Planning Commission voted 5-0 to approve the retiuests with the following stipulations: • I lardcover within tlic 75’-250’ zone comply with the 1989 hardcover variance approval of 27.34%, • The remaining 1.7% hardcover within the 0-75’ zone be removed. The applicants have agreed to meet tlicse stipulations. Staff Recommendation Approval |x*r the attached Resolutit)n COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a hardcover variance for the 75’-250’ zone and an average lakeshore .setback variance f*)r 2914 Ca.sco Point Road. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279,78-1288 FILE NO. 05-3087 WHEREAS, Andrew Freese and Marcia Freese, husband and wife (hereinallter “the applicants”) are the owners of the property located at 2914 Casco Point Road within the City of Orono (hereinafter the “City”) and legally described as follows: 'fract K, Registered Land Survey No. 461, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 and 78-1288 to allow construction of a half story above the existing two story house with interior renovations which require a hardcover variance for the 0-75’ zone to permit 1.7% hardcover when 3.7% currently exists and 0% is normally allowed, a hardcover variance for the 75’-250’ zone to permit 29% hardcover when 31% currently exists and 25% is normall) allowed and lastly an average lakeshore setback variance to permit construction of the half story over the existing footprint which encroaches into the required setback; where a hardcover variance for the 75’-250’ zone of 27.34% and the requested average lakeshore setback variance were recommended for approval. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3087 2.The properly is located in the LR - 1C, Zoning District which requires a minimum lot area of one-half acre and a minimum lot width of 100 feel. The applicant’s property meets these requirements. Page 1 ol6 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of variances based on the following findings: a. Resolution #2630, approved in 1989, permitted a hardcover level of 27.34% within the 75 ’-250’ zone. b. The applicants have provided a plan that would comply with the 1989 approved hardcover level of 27.34% and therefore no increase in approved hardcover is proposed. c. The average lakeshore setback would not be encroached upon further than the existing house, nor will any views be further encroached upon or impacted. d. The applicants have agreed to meet a hardcover level of 0% within the 0-75 ’ zone. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of tlic proposed variances on the health, safety and welfare of the community. file City Council finds that the conditions existing on this property arc ficculiar to it and do not apply generally to other property in this zoning district; that granting the variance wmild not adversely alTect traffic conditions, light, air nor pose a lire hazard or oilier danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre.serve a substantial property right of the applicants; and would be in keeping willi the spirit and intent of the Zoning Code and (’omprehensive Plan of the City. CONCLUSIONS, ORDLR AND CONDITfONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning C^odc Section 78-1279 and 78-1288 to allow Page 2 ol6 I consti uction of a half story above the existing two story house with interior renovations which require a hardcover variance for the 75’-250’ zone of 27.34% and approval of an average lakeshorc setback variance, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Ivxhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review, 2. Hardcover in the 0-75’ zone shall not increase above the level of 0%. Hardcover in the 75’-250’ zone .shall be limited to 27.34% per the proposed plan and hardcover allowance summary as depicted on lixhibit A and revised at the Public Hearing. Applicant is udvi.sed that any future requests to increa.se hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover (except the driveway rc-configuration) shall be completed by the lirst inspection for the proposed improvements. 5. The driveway re-configuration shall be completed prior to the final inspection for the proposed improvements. 6. Authorities grunted by this resolution run with the property not with the applicant.s, but are jHirmissive only and mu.st be exerci.sed by obtaining a building permit for the new coiistruv'ion within one year of the date of Council approval, or the variance will expire on that date (1-ebruary 28, 2006). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminafe any authority granted herein, and .shall be punishable as a misdemeanor. 8. riie undersigncil applicants have read, understand and hereby agree to the terms ol this resolution and on behalf of the applicants and the applicants* heirs. Rage 3 of 6 wilh interior renovations 7.34% and approval of an ditions; ;d by the appileant and n as lixhibit A. Any lity with City codes will eview. i level of 0%. 1 lardcover r the proposed plan and and revised at the Public to increase hardcover or cquire City approval, and at concurrent reduction in :rial from the decorative ■ability as non-hardcover !e-configuration) shall be /ements. to the final inspection for propert)' not with the d by obtaining a building late of Council appiovul, 6). s and conditions of tJiis ode, .stuill automatically hable as a inisdeiucanor. ereby agree to the terms id the applicants’ heirs. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Miiuicsota municipal corporation and said instrument was executed on behalf of the City. Notary Public ■ Page 5 of6 r STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me tliis__day of by Andrew Freese, husband of Marcia Freese, husband and wife. ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Marcia Freese, wife of Andrew Freese, husband and wife. ,2005 Notary Public Page 6 of 6 * ADVANCE SURVEYING A ENGINEERING CO, SnoS Hwy Ni 101 MN IIVM PIm|«S2)414 l«M 9m{Hil4UKAl MnviTroit ANDY A MARCIA FRERSF. ■EX v^a&'T tlMVKY -UTTlT.' liTTTr.' to Omi roiB —f 10 KM 7A.KMMI PtAfTlP. JaMwy2S. f, Kntw tM UfiiiJQiKRIQm tfMi RtfHMrM iMi MI.IImmpmCmmv.M 1 iMl«iitiO mO OMWitM «4 hMKarv I«m •# *• iOiK* kfO OBwnpMn lYm mrnfARlmnm^HmAmt gg tucHiOi iawai wiig «4im >«« »*i«* •• • Wyrf NMM» — <*■»* *■ *f* ilwn»li M w<lfc y<wr wwOi w CMl^ aH* r—pmw ktfi< fw4 Ufmnmn •MfOMMMMM.tfMI y«M «i«ll *»v» M *t . h*»« 2 iMwOg tlw l«K— 1 ImdiwwMiiMMiw %«nr)Mif«y •fiw 4 1k»ww|MiiMM«aif liM4cv««Mlw«i*riltol«lfary«tff«a«M inO Im the fr*4rw «f •Mcttivt^wnntriafncMM M4y lM«t «««t taig c»« mKwwmi ) uvw «f tRwmrni Iipram—«4 to f««r pupma to tm*tw wto }«w Itom to rM an w tot «« to taMlMMHto «« to »nw> to itow lart ^4toMni*to|toi*t*«*0toM«c|rtocaBlif«*toito tottokfi P(?.)\/^WAY hl<NUL ^ jN Ari ePfoM' T® APPROVED HARDCOVER 0-75 ’Zone 13,287 s.f. @ 0% Hardcover 75 '-250 ’ Zone 12,335 s.f. @ 27.34% Hardcover Mato Mto WkM ikt «to«. )to«toKUM •««* ftoto Pto«**f««*toitofto« 0?)S. ML Wtto Fto Mii ■Ol.wwM^toa i-AfiO/He, OUTSIDE P^o POOJIS SttAtL 2 ch^oa;i>6P ho THe 2n.*)H% I^AfU)dO\/ea fitJL J\\juAt4A e J I j 10 06 fiem^ep - 0% ttAW)C0V6l2. /WW€P '»J 0-T5'W<OE CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3087 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 23,2005 TO: Scott Schneider 945 Forest Arms Lane Mound, MN 55364 COPIES:Andrew &. Marcia Freese 2914 Casco Point Road Orono,MN 55391 _____Lakeshore Setback Variances DATE OF MEETING: February 22. 2005 Planning Commission recommended as follows: To approve the proposed renovation with the following stipulations: 1. The hardcover level in the 75 ’-250’ zone shall not increase above the 198*' approved level of 27.34%. 2. All hardcover is removed within the 0-75 ’ zone, including the landscape fabric ^. that the total hardcover percentage is 0. 3. Approval of the average lakeshore setback variance as requested. VOTE:FOR AGAINST Applicant s next scheduled meeting is confirmed as: ..........28,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes Uiey are available from the City Recorder after review and approval by the Planning . questions, please call City Planner Janice Gundlachat 952-249-4623. February 22,2005 Page 1 uf 6 Date Application Received: 1-19-05 Date Application Considered as Complete: 2-14-05 60-Day Review Period Kipires: 4-14-05 To:Cliair Ralin ami Planning Commission Members Ron Moorsc, City Administrator From: Date: Subject: Janice Gundlach, City Planner ^ 1‘cbruary 17,2005 05-3087, Scott Schneider on behalf of’Andrew and Marcia i-rcese, 2914 Casco Point Road, Hardcover Variance, Average I,akesliore Setback Variance, Public I learing Zoning District: l<nt Area: l.ot Witith: I.R - 1C, 0::e I’amily Lakeshore Residential District ('A acre ruin.) 0.60 acres (26,162 s.f.) 235’ (a) shoreline; 95’ (a) 75’ setback Application Summary: Applicant requests the following variances in order to construct a half story above the existing 2 story home in conjunction with other remodeling; 1. Hardcover variance to permit 29% hardcover within the 75’-250’ /.one when 31% currently exists and 25% is normally allowed. 2. Hardcover variance to permit 1.7% hardccjver within the 0-75’ zone when 3.7% currently exists and 0% is allowed. 3. Average lakeshore setback variance to permit construction of a 'A story above the existing second story where the existing house encroaches approximately 9’ to 25’ (measuring cast to west) into the required setback. 2. Staff Recommendation: Staff recommends: lA. Denial of the reque.stcd 29%. fhe applicant .should be required to comply with the resolution approved in 1989 which specidcally calls for no additional hardcover in excess of the 27% approved at that time. IB. Should the Planning Commission find that the level of work proposed constitutes review as a rebuild rather than a renovation, staff would recommend that no hardc(»ver variance be granteil. Denial of the hardcover variance request Ibr the 0-75’ zone. The applicant has already removed the 286 s.f boat enchisure and was re(|uired to remove it in 1989. The 230 s.f. of fabric me.sh .should also be removed for a total 0-75’ hardcover |K*reentage of 0%. 3A. Approval of the average lakeshore setback variance as the property is locateil at the mouth of what is known as ('asco Cove, where the neighbor to the northeast only has views northea.st over the ojren water and the neighbor to the southwest only has views within the cove. 3B. Should the Planning Commission determine that the level of work propo.scd constitutes review as a rebuild rather than a renovation, staff would recommend __ that the exi .sting encroachment Ik maintainerl but nothing further ^^05-3087 Fcbruftry 22, 2005 Piigc 2 of 6 Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations, (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code, (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that tliis does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. List of Exhibits Exhibit A - Applications Exhibit B - Hanlship Documentation Form Exhibit C - Existing and Proposed Survey Exhibit D - Hardcover Calculation Worksheets Exhibit E - Exi.sting Floor Plans Exhibit F - Proposed Floor Plans Exhibit G - Existing Elevations Exhibit H - Proposed Elevations Exhibit 1 - Existing & Proposed Section Views Exhibit J - Applicant ’s Engineer Report on Load Bearing Capacity Exhibit K - Resolution U 2630 Approved in 1 989 Exhibit L - Survey & Hardcover Calculations from 1989 Approval Exhibit M - Photographs Exhibit N - Neighborhood Comments Exhibit O - Property Owners List Exhibit P - Plat Map Background The applicant originally applied for a building permit in October of 2004 in order to construct a new 3-car attached garage and also a second story. Following staff review of the building permit application it became apparent that the second story was a third story due to the amount of foundation exposed on the lowest level. At that time the applicant met with Planning Department staff and the City’s Building Inspector to di.scuss the building code definition of ba.sement and also the Zoning Ordinance’s definition of building height and half story. Tlie applicant has since revised the plans to incorporate the basement as the first floor and is proposing a new half story above the existing second .story, for a total of 2 and '/j stories. M>S-30r7 February 22,2005 Page 3 of 6 The proposed improvements include (sec Exhibits E-I of existing and proposed floor plans, elevations, and sections): First Floor: Second Moor: '/* Story: Tear down of the existing 2*car garage and total rc-construclion of a new 3-car garage and inclusion of a closet within the guest bedroom Construction of a new bedroom and bathroom above the proposed 3-car garage, construction of a front porch, and majoi interior renovations eliminating tlie existing 3 bedrooms and inclusion of a kitchen, dining room and living/entertainmenl room in their place. All new construction including a master bedroom suite with full bath, 3 bedrooms, 2"*' full bath and laundry. Staff has confirmed that the proposed half story meets the Zoning Code requirements for half stories. The applicant has submitted this application as a renovation. Planning Department stall has informed the applicant of the 50% threshold under which renovations arc reviewed, however applicant still maintains the project is a renovation. Staff has tlierefore reviewed the application based on the standards of which renovation projects are held to, however has offered an alternative recommendation should the Planning Commission feel this project should be reviewed as a rebuild. LOT ANALYSIS WORSHEET l.ut Arca/Width LR - 1C l,ot Area Lot Width Required 2l,7«0s.f. (0.5acre)100’ Actual 26,162 s.f. (0.60acrc.s)235’ (r^ shoreline 95’ 75’ setback ,Sc(backs LR - 1C Required Existing Proposed Front N/A N/A N/A Rear (street)30’37 ’NO CHANGE Lett Side (west)10’16’11’ Right Side (cast)10’10’NO Cl lANGE Lakeshoa*75’115’NO CHANGE H W5-30S7 February 22,2005 Page 4 of6 Average Lakeshore 125’-140’ (west- east) 9 ’-25’ encroachment NO CHANGE Structural Coveruee ____________________________________ Total Lot Area Total Structural Coverage 26,162 s.f (0.60 acres)Allowed; 3,924 s.f (15%) Proposed: 2,523 s.f (10%) Hardcover Calculations Hardcover Zone 0-75 75 - 250 Total Area in Zone 13,827 s.f. 12,335 s.f. Allowed Hardcover Os.f (0%) 3,084 s.f (25%) Existing Hardcover 516 s.f (3.7%) 3,821 s.f (31%) Proposed Hardcover 230 s.f (1.7%) 3,578 s.f (29%) Hardcover Variance 1 he applicant has proposed to construct an attached 3-car garage, driveway to serve it and also to build a half story above the existing second story. Because the applicant is adding new hardcover and expanding the current envelope, a hardcover review and compliance is required. The applicant currently has a hardcover level witliin the 75’-250’ zone of 31% where 25% is normally required. Although a hardcover reduction of 2% (29% total in 75’-250’ zone) is proposed, a hardcover variance remains necessary as 25% is normally required. The applicant has proposed to remove a boat enclosure within the 0-75’ zone reducing hardcover in that zone by 286 s.f or 2% approximately to 1.7%. Upon a site inspection on 2/15/05 staff discovered that the boat enclosure was already removed. Staff finds that the material on the hardcover work.sheets labeled as “mesh” (comprising all 1.7% hardcover) is landscape fabric which is considered hardcover. In order to keep the 230 s.f of mesh, or landscape fabric, a hardcover variance for the 0-75’ zone is required. Resolution number 2630 is attaclied to this report as Exhibit K. The prior owners had received a hardcover variance to allow 27% in the 75’-250’ zone and an average lakc.shorc .setback variance in May of 1989 in order to construct an addition to the home. UI on page 3 of that resolution states “ The applicant is advised tliat no future hardcover will be permitted on this property, however, any future proposal to increase hardcover on the property might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase of hardcover on the property.” Average Eake.sliure Setback Variance The existing house encroaches into the average lakeshore setback by appro.vimatcly 9 ’ to 25’ when measured east to west. This is due to the curve of the shoreline at this location which is within a cove. Although the applicant isn’t requesting approval to encroach further into the average lakeshore setback, a variance is still required as a half story will ^5-3087 Kcliruiiry 22, 2005 Piigc 5 of 6 be consCructed above the existing second story, having the potential to obstruct lake views tliat adjacent neighbors may have. IlardiihipStatement . . , ,, Applicant has provided a brief hardship statement in F.xliibil H, and should be a.sked for additional testimony regarding the application. Hardship Analysis In comldering nppllcallom for variance, Ihe Planning Contmhxion shall consider the effect of the proposed variance upon Ihe health, safety and welfare of the connnunlly, 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 far variances from the literal provisions of the Zoning Code In Instances where their .strict enforcement would cause undue hardship becau se 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 Pte Orono Zoning Code. _______ Staff finds that the applicant has iu)t .sufficiently demonstrated a hard.ship to justify approval of 29% when 27% was approved in 1989, with the .stipulation that no additional hardcover be allowed. 'I he propo.setl 2% increa.se consi.sts mainly of a third garage stall and the driveway to serve it. While stuff rccogni/cs the need for additional .space for this particular family, that alone is not a hardship inherent to the land which is part ol the hardship requirements. With this proposal, the applicants not only wish to construct a 3- stall garage, hut no lakeside deek or patios are proposed (a small lakeside deck is proposed off the ma.stcr bedroom suite above existing .structure/hardcover). Stall Ihuls this to he somewhat problematic with the potential for future requests for hardcover variances for either a lakeside patio or deck. Should a lakeside patio or deck be inchkleil the hardcover level would likely raise above .30% with the current propo.sal. Staff also fmds that the applicant .should be required to remove the 230 s.f. of landscape fabric within the 0-75 ’ zone us no hardship has been ilemonstrated in onler to keep it. Should the applicant agree to removing this material no hardcover variance for the 0-75 ’ zone would be required. Staff fmds that this area can easily be re-sodileil so as not to act as hardcover. 'fhe findings of the 1989 hardcover approval indicate support ba.sed on the mere fact that fi net reiluction t)f hardcover was proposed with reduction of the lakesiile patio, fliis begs the question of whether the excess 0-75 ’ shoreline area to the northwest, u.sed in reviewing variances today, constitutes justification ol the requested 2Vo hardcover increase. Although used in the past, this particular layout dilTers as it is not benefiting stormwater infiltration ol the hardcover within the 75 ’-250 ’ zone and therclorc would not justify approval above the 1989 variance level. The applicant is also requesliug a|tproval of an average lakeshoie setback variance While the new construction of a 3-cai g.iiage meets the average lake.shore requirement, con.struction of the proposed half story above the existing footprint dt»es not. Stall fmds that basal on the 1989 average lake.sluae .setback approval and the orientation ol the MT5-3087 February 22,2005 Page 6 of 6 cove, no lake views are further obstructed and this variance is justified. The neighbor to the north has no direct lake views over the applicant’s property, which is into the cove not the open water, as the house and lot are oriented to the other end of the shoreline. The neighbor ’s house to the south is a single story and set back farther from the lake than the applicant’s property. Because the applicant’s house is an existing 2 story there are no lake views to be obstructed. This neighbor does have a deck that appears to have been built merely to get lake views, which staff believes will not be impacted with the construction of the proposed '/i story. Also to consider is whether this project should be reviewed as a rebuild or a renovation, as currently proposed. In the background section of this report, and illustrated within Exhibits E-I, the applicant may be reaching the 50% threshold typically used. The applicant has indicated that the homeowners will be living in the home during much of the work, although not construetion of the half story. Should the Planning Commission determine that this project reaches the level of a rebuild, staff would not recommend approval of any hardcover variance, although approval of an average lakeshore setback variance remains justified. Issues for Consideration 1. Should this be reviewed as a renovation or a rebuild? 2. Should additional hardcover be approved to support a 3-stall garage? 3. Should a lakeside patio or deck be required? 4. Should the landscape fabric within the 0-75 ’ zone be removed? 5. Are any lake views obstructed by construction of a half story? 6. Are there any other issues or concerns with this application? Staff Recommendation Should the Flamting Commission determine that review of this project should be as a renovation, staff would not support approval of a hardcover variance above 27% (level approved 1989), however would support approval of the average lakeshore setback variance. No hardcover should be permitted within the 0-75 ’ zone regardless of whether the project is reviewed as a renovation or rebuild. The applicant should be required to remove the 230 s.f of landscape fabric in addition to the 286 s.f boat enclosure. Should the Planning Commission determine that review of this project should be as a rebuild, stall would recommend no level of hardcover variance be approved. Staff would continue to support approval of an average lakeshore setback variance, although only with no further encroachment than existing. uiiy OT v^rono Variance Application bAHIbll A street Address: 2750 Kelley Parkway Orono. MN 55356 Application # OS “ Date Received \ Amount Paid Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O, Box 66 Crystal Bay. MN 55323-0066 Staff: _JML(£i Fee: S600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. App leant will be notified within 15 days as to the status of the application. Incomplete applications wilt not be placed on Planning Commission Agendas. PROPERTY INFORMATION^ Site Address: ^ Property Identification Number (PIN); (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): _______□ Yes, I own the adjacent parcels. Present use of property: Residential □ Other Zoning District:____________________ APPLICANTJNFORMATION: (Complete legal na.-es and marital status required for each interested party) Name; '• 7C4i^jii07^ Phone (home): Address; Email; ^7oPhone (work): iSZ^ 'p>fZ4^/^'^MslAKPZ /-fJ Fax: OWNER INFORMATION: (Complete legal names aid marital status required for each interested party) Name: f HkC^P< ft' ne): 47/Phone (home); 4-7/ "/Z^> 7_____Phone (work); Address. Email: -—• Fax; DESCRIPTION OF REQUEST:Estimated Project Cost; $ i^lLM f. r,. - ^ If.' t L i REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150‘ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6'^ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5” x 11” or 11" x 17"). Additional items may be requested by City Staff depending on the scope of the project.' APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/sho is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until UJs complete or to recommend the request for denial of the request rcg^nUesstof j|brinnei>tlai^0rit. Applicant's Signature: c Applicant ’s Signature; Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verificatiqriof this request.purposes of investigation and verificati^of Owner ’s Signature; ' ^ Owner ’s Signature: ' f /<■Date: Date: ’fiy Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. IJ: C ■ h ........'Vf / I City of Orono Pre-Application Meeting Form (This form is to be completed by a City Pianner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only City Planner; < JMlLP Main; 952-249-4600 Fax: 952-249-4616 Meeting Date/Time; tjrifl}'^ A/Lf PC Date F(J) ■ nuthni^_____________ \Nhat is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address; (jLir n PT fi-b Property Identification Number (PIN): _________ Zoning District: UL- fO Size of Property: DESCRIPTION OF REQUEST: ^Average Setback □ Side Yard Setback ^Hardcover □ Lot Coverage □ Other: □ Rear Yard Setback □ Lot Area □ Front Yard Setback □ Lot Width Applicant’^g;;^;^ HARDSHIP: Applicant has received the Hardship Documentation Form. Initials: understands it as it has been explained to them, and is aware that it must ^ be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: ‘Please note: Your variance application will N< meeting during which thisiofm-Awill Applicant Signature: T^e accepted without a pre-application City staff. Date: Q}jM m • /■ V-/' *(h 7 ig Form pre-application meeting.*) _______________________ nz^M/u . mnHAn ete proposal, inform them of the :ies or regulations that create :k □ Front Yard Setback □ Lot Width Hardship Documentation Form, > them, and is aware that it must in with their formal variance without a pre-application Date: OljM EXHIBIT B HARDSHIP DOCUMENTATION FORM Page 1 of 3 This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address ail the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please addres' each of these hardship criteria as they relate to the request (some may not apply); 1 "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." hol t liviirife«iiV?LL ’IWtkO: OWi IVJIUUI lO < .1 "The plight of the landowner is due to circumstances unique to his property not created by the landowner." CAti "The variance, if granted, will not alter the essential character of the locality." JT' i "Economic considerations alone shall not constitute an unoue hardship if reasonab'e use for the property exists under the terms of the Zoning Chapter." iyiLd^i\!Jjdist2^ t/f i<. tynLi MtVj.. ____.TZ Page 2 of 3 “Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2. when in harmony with this Chapter." ______________r*o-(- _____________________ "The Board of Appeals and Adjustments 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." in A. 8 "The special conditions applying to the structure or land in question are peculiar yJOC^ tl\, - --------- f "The conditions do not apply generally to other land or structures in the district in which said land is located “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." . / "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning .yu.Vv.4..'« S n C I Page 3 of 3 12.'The granting of such variance will not merely serve as a convenience to the aoplicant, but is necessarv to allaviate demonstrable hardship or difficulty."applicant, out is necessarv to aiiaviate demonstraoie narasnip or atnicuity.:, , lAicn/iL t%cdyi!d}^ hvii^ av^a! UJthf itL tin Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): U- <’■ // '■ 'i.r ilMUkft EXHIBIT C 04li07 2(VII7/2J I KI-.i-.Si; ANDY & MAMCIA ADVANCE SURVEYING & ENGINEERING CO, S100S Hwy No 101 MminHanka, MN 5SVI$ Phone (952)474 7964 Fox (9S2)474 B267 SIIKVLYIOR ANDY A MARCIA FREESE Simvnvnn rvceitiher lO. 20CM Ki ;ViSM) tkvcilibcf 20,2iXM tu updme wklilion. RKVISI:!) jinuaiy 25,2005 lo change oddition. KtiVISI:!) Fehnjory 7,2005 lo ndd overnges(!lhiick line DRAm:l> IVccmbcr 13,2004 I FOAL nESCRIPTION 1 nid K, Registered Land Sunroy No. 461, Hennepin Cciunly, Minnesnin SCOPE OF WORK I. Showing Ik? Imgth ntid ilirrction of boundary lines of the above legal descnpiKin. The scope of our services does not include delcmnning wlial you own. which L • legal i..allcr l*leasc dieck (lie legal description with your records or consult with competent legal counsel, if necessary, lo inalce sme thni it is correct, and ilial any moiicrs of record, such as eaacniaHs, tlaa you wish sho%vn on the survey, have been shown 2 Showing the location of existing improvtrmcnis we deemed important i Setting new munumaits or verifying old iiHiiniinents to mark the comers of the property 4. Showing and tabulating hard cover and area of the lot for your review and for llie review ol such governmental agencies as may have iiirisdictinn over hard cover ^uiiements 5 While we sliow proposed iiiipiovcmciils lu youi pnipcity, we nut as fhmiliar with your plana as you arc nor arc we as familiar with the requirements of governmental agencies as their employees arc Wc suggest that you review tlic survey to coiifirin tliat the proposals are wbal you — intend aiut submit the survey to such govemmcnial agencies as may liave jimsdiction over your pfujeU lu gain llieir apptuvala if you can STANDARD SYMBOI^S Rl mNVF.NTtONS * # * Denotes 1/2* ID pipe with plastic plug bcaimg Slate License Number 9235, act, unless ochenviae noted. I ban^ o«[tify ihM iM plan, qweilfeilioii, ifpoft or forvey was pii^^ Ibi Imra of tha SM of MhuiaKilL K PiHtarPJl * PA No. 9233 : V T^;;-W . i,v 'iLAmmi 19 i'-- .t uy"'- V-- V* ■r V. ^ K' " / -* ;.v / m. r-. ti >:PI '>•- L ' iiabdcover calculation worksheet 7S-B0' 2S-5M',CTBACK ZONEt (CKCLS ONE) !£[h SOO-1000' S.F. A. House U b|U i WMdb vr; ■-iV X X X S.F. S.F. S.F. S.F. B. Garage C. Driveway X X S.F. S.F. p. Sldcwilk X X tc. 8S S.F. S.F. E. Pailo/Deck X X S.F. S.F. F. Laodscape Underlain By Plasrin- X X X ss •3 S.F. S.F. S.F. 0. Olhcf S.F. total hardcover in zone total property area in zone 57^ SF. I ‘?»?7_S.F B a 100 - '% ppnnn.«iFD HARDCQVEft 20^ A. House _ S.F. Un|(h Width X X X S.F. S.F. S.F. S.F. B. Oarage C. Driveway X X S.F. S.F. D. Sidewalk X X er S.F. S.F. E. Pailo/Deck X X S.F. S.F. p. Landscape Underlain By RHetic I -Z/S<D X X X S.F. S.F. S.F. S.F. O. Other total hardcover in zone total property area in zone •r DA _____________ " X 100 1^7 S.F. S.F. % A B A D V'‘. r ,v ■y-hlv9' ; j ,U h E SZT3ACXICM: [ZTKCL2 C-Tf ::£s-5CC’ :x 5TP^'G5a 5dcc "'1::^ tn tgm: A. HsUJ2 -r-*5 j# •0n B. Garss? • • • • C Crlvr-^y X X C. SidswiSc X X E. ?2tlc/^eck F. Landscape UrtderioLn By Piastic X X X G. Other TOTAL HARDCOVER ZONE TOTAL PROPERTY AREA IN ZONE B ____X ICO PROPOSED HARDCOVER IN ZQS£ A. House ______________ * Lsagm viab X X X B. Gamge C Driveway X X D. Sidwaik X X E- Pat:c/Dcck X X m m F. Londscxpe Unccrta-j; By Plasric G. C±er X r% X X TOTAL r-A?0:C0VB.T IN* ZONs TOTAL ?RC?£XTY Ai^ IN ZONE 5 ____X ICO - li 2T5^v"i ^ 0^ • ■Zl^c S.F.. • S_“ S--. S.7. S.F. •SJ^. S.7. 0 S “ •c -« s.?. SJF. s.?. S.F. ^t'Zl S.?. • JT A S.rT B *" y® tSt^t/j^ "S. Iv S.'?.1 •- :■} • *. S.F.•■•'« 'V*>S.F. S.?. /, A S.F. * If •••••» • % S.r.; SJ.^ ■ S.r. • SJ. ;i . ^* ■I cf SJ.n SJ. ss. SJ. ss. •* ss.A S.F.3 •«r2 ‘)% ‘/Afi H r ■ - lUBit^f ms9t^ -T* bcno —Mi^ CmnMlr ftiin Alu WU wrm^flMDi 6 par fMT ewrup^) Iff, :,t;<%-!^ . F.I tf ■• "v*-- R Xs p; iMumm ''•4^ • •Vi**.i4»"'“ ^1232. * □ ^WDIOr^^ •tWTMr WATU^S-ID ««HNi^) ■ — »i0ieAf9s mnmtr UiikU i^®ho totAtc kvu-pt4rrito«-%»f0»^^ ^ KuM. nr. CW90QP ?u*» fi««uuc wiiJMifH ^ ; 4^^mkt toiD imfi A«VU «lKHi«' «»»frr iM rtn^ nM- -gtfMuATAic totm ho Bmjtc€ Wrm 6tHp^ir Uffm^piM --------------------iiMf if44. .. ’ -tHi^ «p«cr ^AU^rftfON^fMWPOiM •J fMioAnM ««ru»r **>r- •«M >1**^^- VU'H ^*0 /••rt' ^ fA<bM* Itfl'IM • ; I i « ‘*>1 ^ nfitiBitlt 4-----f t --------------------------^ > 1I V J rt. ‘i ' u ti I* ‘?2;V t3 • »'t- '3K/^>i'^'^t TSiSiij - ri*n jri*- •»^- rr *- yiiilw.i*, ^ tlM- ^ kg |ig%* <»*••< »>t < l»> -Ml ;*>t A^- i‘v* •r » 1; 1 • V.•M •\:^ «•»** i’*i • f * ^ h \ •* ■ jf .*'. •■■ '•r ■u . )• f i • * • •• • • • - «»!lf 1 \ • .••*•. . * K .4 MMBi r »• iSf , ■ V <n: 1 ' r3r>*u \ ,^'v A sH Cl *C0 ]\k<g=m ^.\jFC\tkrt%A -_Kt.ii.'T t Bt>Hr? r {iZ ..-;« <,4-. ■ • Mw • r tmmmht mm I- ' J# « 1 « w « ,^W^: —■ . / •** *' > •%1 li :i ‘ 1 -“■ ‘ ■ f.;JlffiAiTKli,i >iiliifciii .: —Lai ' I I {■jHlllllll ):*, ■SBiiriii Mss H s 4 vO K ,_Sl<CVAr n^ - pgLpr £lU2.ADQaiUii _______ .StAll. <*'-£u' :::^ *.:■ I 1 .^SkvmohJL '^'Vul ij .’V .'•~N . • .MX)ir?c^ . O • 1 ' i t ■lju y* i^ Q r |SCf» tJM>i«C^—r:i!r 1 ( fT'”1•• *. • f *n'r''*? ■.'... sv*£«a« U» •€ MM»> 3*CM\9 tlf OUi, 4<^ •r- ^ J k>'<r«»«'..>&f». CL ' ^\/-Tm4 1 ttW J"M; "aM"<^^U. ^ -I'V' P >s =^..-iC~ ^\l i etamrni I i * —. A* «P»< Ik tO^ •••» 9M ImoK^ fyf Tu. ><r>4 jii< tmt ui.i.' •• i- v >;-\_^ if • / iSfiiiS |_J-|iJwOfV» MM %4l^ 0-|UO\£Ml4 N/oKV* 24i4niir«ktMr^ fV*.nUJH«5 pflt IJIU If—^ !^ L«k. nr ««■»* ^ •«««,. b P»U - •• ill P»U>mm tmft OstOJlr V.XiJ NP ^o\nt Mroup EXHIBIT J Advantage Point Group, Inc. Eftginecring 6 Architectuktil Consulting Services Feb 4.2005 Scott Schneider 945 Forest Anns Lane Mound, Minnesota S5364 Ph. 952-270-6434 Re; Existing footing and Soil bearing capacity study Andrew and Marcia Freese Residence 2914 Casco Point Rd Orono, Minnesota 55391 Ph. P52-471-1287 Dear Scott, As per your request we have completed the attached 8 pages of details and structural calculation to deteiinir? the adequacy of existing footing load bearing capacity. On Thur. Feb 3, we visited the house together with you and found no obvious soil settlement and large cracks on walls and slab on grade. It is our be.st engineering judgment that the existing 8 ”xl6” and 8 ”x20” continuous footings can support the proposed second floor addition as shown on your drawing:, dated Jan 19, 2005. Page 1 of our report shows the maximum soil bearing of 1,720 psf on 8 ”xI6” footing along line B. We consider this bearing amount relatively low and requires no actual soil boring investigation at this time. We however would strongly recommend a geotechnical engineer to V sit the site during actual construction time to verify and confirm our stated opinion in this paragraph. It should be noted that we are not involved in the wood framing structural analysis. Please do not hesitate to call us (651-638-9143) if you have any questions. lU-Ren Tsai PE Structural Engineer EBQ££SaQN*LE.NGINfcEB I heieby certily lhat Uiis plan, spocUicaUon. or foport was prepared by nw of order my direct stipervision and that I am a duly liceoeid Profei^onil Erginoer under the laws ot the State ol MtrmetGle. / _______flS74 -----------YEQU-REiygAl sicmtuf rrtir ^ UotnM«S^ 2523 Wobosh Avenue. St Pool. Mirmesoto 99114 Office: 651/649-8976 Fox: 651/645-9237 Aemnto^ Pjint Group cooiiato of AArORtogo IWf Groi^, Irc. or^ llio Aud rmg AdvoRtapo. Ire 4m Cmm*!** ' I I KXIIIHIT K *V m v'‘ / •.. ;/• i 4‘ ‘^_:i;.::.:.,x./ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __2630 ________ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22r SUBDIVISIONS 1 & 2 PILE #1375 NBEREAS, David Price (hereinafter "the applicant") is the owner of the property located at 2914 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows : Tract Kr Registered Land Survey No, 461, Hennepin County, Minnesota (hereinafter "the property")? and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to perinit the construction of a two-story addition to the existing house, which construction results in hardcover in the 75-250' la)ceshore setback zone in excess of the 25% hardcover normally allowed in that zone and which construction results in a 12' encroachment past the average lakeshore setback line where no encroachment is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1375. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 21, 1989 and tabled the application for further revision by applicant. A revised application was subsequently submitted by the applicant and reviewed by the Planning Commission on April 17, 1989, and the Planning Commission recommended approval of the revised variance proposal, based upon the following findings: A) Existing hardcover on the property is 27.6%. The revised proposal eliminates a portion of existing patio hardcover in the 7 5-250' zone, resulting in a net decrease to 27.3% hardcover in that zo;.e. Existing and proposed hardcover in the 0-75' zone is 2.1%. Page 1 of 5 City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 26 30 B) The c::lsting house encroaches 18’ past the defined average lakeshore setback line. The proposed two-story addition only encroaches 12' past the average lakeshore setback line# and is located such that only minor views across applicant's property toward a lagoon area of Lake Minnetonka will slightly be diminished. The Planning Commission finds that these views enjoyed ’vy the neighboring property are not diminished and that neighboring property still has full view of the main body of the lake- Furthermore, the neighboring property owner has not expressed an objection to tlie proposed addition. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLOSIONS, ORDER AND CONDITIONS Based upon cne or more of the findings noted above, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the construction of a two-story addition resulting in hardcover in the 75-250' zone of 27.34% where only 25% hardcover is normally allowed, and allowing a 12' encroachment past the defined average lakesh</re setback line where no encroachment is normally allowed, subject to the following conditions; Page 2 of 5 i City of ORONO RESULUT ON OF THE CITY COUNCIL NO. 26 30 1. Applicant shall remove the portion of existing patio ns shown on Exhibit A» attached hereto. Hardcover on the property in the 75~250' zone shall be limited as follows: (75-250* zone total area * 12,400 s.f.) Existing House Proposed Addition Attached Garage Driveway Sidewalk Remaining Patio 1,051 s.f. 499 s.f. 637 S.f. 931 s.f. 120 s.f. 152 s.f. 3,390 s.f. (27.34%) The applicant is advised that no future hardcover will be permitted on this property, however, any future proposal to increase hardcover on the property might be appreved only in conjunction with concurrent removals of e.<isting hardcover, resulting in no net increase of hardcover on the property. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application or a building permit within one year of the date of Council approval, or this variat'Ce will expire on that date (May 8, 1990). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned app11 cant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 fit City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2630 Adopted by the City Council of the City of Orono, Minnesota at a regular ireetlng held on the 6th day of May» 1989. ATT ST; \JkAJ PropAriiy-Owher(s) Jame^ R. Grabek, Mayor STATE OF MINNESOTA ) ) 88. COUNTY OP HENNEPIN ) The foregoing Instrument was acknowledged before me on this 8th day of May, 1969, by James R. Grabek 6 Dorothy M. Hallln, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City, Notary Public . , ; , lAVkvl K. SCHEffLER Vr *•. wo<>.s. iviiK - «u;imsotA<•.HiKuiriN couNry '••‘y... My ccMTi4im:iuii •«pi/*td-6-V3 Page 4 of 5 i mMJ City of OROIVO RF.SOLUT '.:fM OF THE CITY COUNCIL NO. 2630__________ ) SB. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this _ _^ ~ri\ before me"""a Notary Pu 6Vic within and for said countyr personally appeared T)./I _ _ _ _ _ _ _ _ _ _ _ _ Jtnown to me to be the person(s) ^ described in and who executed the ioregoing instrument^ and acknowledged that he (they) executed the same as his (their) free act and deed. /V av 198_^ STATE OF MINNESOTA ) ) SB . COUNTi u: HENNEPIN )« On this ^ tar JdJil; day of V lit.-198 /, before me n Notary ‘public ‘within and for said/jcounty, personally appeared i'-'' -hK'L __________ known to me to be the person's) doscr.ioed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. / jL'Aii jc <- /i . A4A«« A«4 X a > rv. THERfcsa M LOCKV/COD > * '-•nnis.ioii tipiies jy(y 10 ijfl, ;; MY COMMISSION EXPIRES............. Page 5 of 5 \V 1 L£^KWOVfc~'5lO fjrr % c^uc. pt>Tic^ pATi<y • l.MtxJse -Pi30f:t>S<i.l_ pec:uc:i&-ExiS-TiKJC. • f3*^TlC> &Y 53,0°^^ ^0 K f> EXHIBIT i: ,N.4tf5r^''F-. Shoreline per A’ L 4Ql - W4 ’A LEGAL DBBCRIPTIOM: Tract K, Registered Land Survey Number 461, Hennepin County, Minnesota. LEGAL DESCRIPTION SOURCES Ve have surveyed the above described property which the client claims to own or appears to own from various government records. Ue make no representation that the client Joes in fact own the property nor that a search of the records has been made to determine the extent and nature ot his holdings. If there is any doubt concerning the accuracy of the legal description, competent legal counsel should be retained to perform a title search and issue a title opinion for our use <n preparing the survey. EASEMENTS: tfe show only those easeaients which thr client informs us of or which we happen to became cware of through other sources. The survey does not purport to show all easements and improvenmnts. STANDARD SYMBOLS AND CONVENTIONS t ’*o” Denotes 1/2** ID pipe with plastic plug bearing State License Number I0S3S set, if “o" is filled in, then denotes found Iron monument. HARDCOVER CALCULATION! House & Garage (including eves) 0 - Driveway Concrete Patio That part of concrete walK not covered by eves 75 Zone 0 0 0 0 75-250 Zone 250+ Zone 'Trt- \%0 0 0 0 0 That part of proposed addition not included in the concrete patio above. Boat Canopy 286 Total Hardcover Area of Zone 286 13,900 12,400 120 % Hardcover 2.1 %~Trr4—%-0 % CERTIFICATION: I hereby certify that this survey was prepared by tut or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of tlie State of Hinnesota. Samuel G. Parker, R.L.S. Mo. 10535 '.:h ‘ :^;.v. ... ; ..., . I- / : IJ «•: ■' ’^ri' ^ •1 ;s ■'.. - V^ ^ \** M • *',> ^ . i 1 /. 5>, • i'v 'WMm if . V f'W 4* ^ V 'I •’•M t~ V .V ;•■ , - < . i» •#*i prtA, ~:Wt ^4^1 i%. . ',. :'■■ -■■- .> .• V mk.m ■.'5s;t^-''k 4:^>!^ 4^ "mm >M■> te' • Jk . ;<< ' «f3» fl • • t i«r V »• v» ^ ii^-v ’ >-.,.v.^^1 '<,". s ,l ‘■^^l ^ J.'ii**i'T; I' . m r ^.n: ■ r j w <^r' «.niif,-:/*:~!: ■ i.;«- i; i£* .J » % ’• » i V, I i- i VII , Mj- >' ^ S3.i * y f 5K^ K. ^ : \ ' • I . ' - V *"3 V * *v^ti ^-:* -;jil^3 F V M 1^ ^ *^— rw "4i. »• ^ SfflKfSP . :^^W15 Vl^vO 'F(U)^A P6ti^ w^f• \I m ly/.Tt'i i' i I ' * • t irr ' ' '• r^lv- . n I* ‘ 1^■ 1 iTTSTlSfer^Ti i*rifT^>i »Tt’ i 1 -■> iV* •m *V. -♦PfrimP^ fO gl6VAno/0 Viav 'v^K 'S.1 ;r'=l?slK^I' m'-• Uf I ^iHI14 I ^. wf'-^ ^ \i ' -?r ^' V''V /. '• •‘• ■•\.x .'^ •1 -A • ^‘. V V »V • V^; V / ' --A. . -•<•-•• V *i V- - *4 >• ’i >1- ]yoe .* >» %■ s ./»V ►* •' ** -^-’ - - ^"’ ----- ■ * •■ CVT - v. :■ •.'. - ' —■ - - ■; 02/)5/2005 ■ .-^Viv#": Vcig vr- ;'u<»...,»- ., ^ ''Ti; - .rw». ' f ' . m JB I j ■V:;^'- '■ /■■ >• ■■- ’ Aa • • ■• • iLi«5 >■• • ••ivV*•'^^7 :4';f^-A\'- ■ • . I ^ • ‘1 ^ ' I , . » • - I * ^7 j* • *•.- —. • ; •^5^ •* •■-li. ?Ut J: V'' V^ r‘V.j^=v -r - • c:'>Lri'.' > ••' A'> —-jr_# - '• X? k-r riJar,: 4 EXHIBIT N RICHARD J. HAEFELE ATTORNEY AT LAW 1059 STOUGHTON AVENUE P.O. BOX 85 CHASKA, MINNESOTA 55318 TELEPHONE (952) 448-2200 FACSIMILE (952) 448-7187 October 25, 2004 Mr. Michael Gaffron City of Orono P. 0. Box 66 Crystal Bay, MN 55323 f^/2^ • AndyProperty »Dear Building Conunission: ■Jbi* Jt is our understanding that the permit to remodel the home is experiencing a procedural delay due to an existing building variance of some sort. The Powells and I are the adjoining landowners to the tract in question and have been for over thirty years. We would like to express our support for the building remodeling project and indicate our willingness to consent to any necessary arrangement to allow the project to move ahead without delay. Sincerely, J. Haefele Robert Powell Lou Ann Powell 'S i hi. (r-% 4/ • «’ ■ / ^V- »l ZTSBBT ^' rPt ’' ‘ 4^'tt M it% - -■ ■ '. (: RUN DAT!;. I/1V^005 38 70II7233I003I PROPADOR 2914 CASCO POINT RD OWNER NAME A fRKESE A M FREESE TAXPAYER ANDREW A MARCIA FREESE NAME/ADDR 2914 casco point RD WAYZATAMN 55391 Hi;nnf .i'in county property information system PROPERTY OWNERS LIST 38 2011723310032 PROPADDR 2916 CASCO POINT RD 03YNERNAME ROBERT H POWELL JR ETAL TAXPAYER ROBERT H POWELL JR NAME/ADDR 2916 CASCO POINT ROAD WAYZATAMN 55391 PACE: I 38 20II723310033 PROP ADDR 2920 CASCO POINT RD OWNER NAME P R & F D PICHEIMAN TAXPAYER FRANK D PICHELMAN NAME/ADDR 2920 CASCO POINT RD WAYZATAMN 55391 38 20II7233I004I PROP ADDR J630 CASCO AYE OWNER NAME PETER M GRAFFUNDER TAXPAYER PETER M GRAFTUNDER NAMI /ADDR 3630 CASCO AYE WAYZATAMN 55391 38 2011723310042 PROP ADDR 3600 CASCO AYE OWNER NAME RICHARD J IIAEFTILE TAXPAYER RICHARD HAEFELF. NAME/ADDR 3600 CASCO AYENUE WAYZATAMN 55391 38 20II723JI004J PROP ADDR 3650 CASCO AYE OWNER NAME M T & A M GERSOYE 2 TAXPAYER MITCHELL T/ASTA M GERSOYHZ NAME/ADDR 3650 CASCO AYE WAYZATAMN 55391 38 2011723310072 PROPADDR 7912 CASCO POINT RD OWNER NAME M D BARRETT & D M BARRETT TAXPAYER MICHAELDBARRETT NAME/ADDR 2912 CASCO POINT RD WAYZATAMN 55391 38 2011723420006 PROP ADDR 38 ADDRESS UNASSIONED OWNER NAME HENNE PIN FORFEITED LAND TAXPAYER HENNEPIN FORFErTED UVND NAME/ADDR NOT FOR SALEAJNDER WATER IN IAKE MIKA 38 2011723310073 PROPADDR 29111 CASCO KBNTRD OWNER NAME T H MATT HEWS * M T MA riTIEWS TAXPAYER TRACI II & MICHAEL T MATT HE WS NAME/ADDR 2918 CASCO POINT RD WAYZATAMN 55391 I* 2011723420003 PROPADDR 3K ADDRESS UNASSIGNED OWNER NAME S L KAPLAN LT AL T RUSTEES TAXPAYER JAMES W LUPIENT NAME/ADDR 750 PENNSYLYANIA AYE S GOLDEN YALLEY MN 55426 X ‘1 *1 ICRRTIEY niA I Tin: FACre REPRIiSnWTED ARF. AN ACaJRATH AND TRURREPRl SKNTA noNOF INFORMATION AS IT APPl-ARSTHIS DATF.ONTHE RECORDS OFTHF, HENNEPIN (’(XJNIY TAXPAYER Si;R,VICES DLPARTMENTrTO THF. np-ST-^ ^ OF MY KNOWll-DOE AN D BF1.11 F date lAlJos y % \ '.-i Hennepin Hennepin County Taxpayer Services Department Ml ' lAt • • mt V <n'.y :y %0A'’ A. 94m k/- mj I'V.V 4\1 r^ w - "- lOf /Mf?f OF lor im''' f/6> 'r % .*•r«i.y 20-117-23-42 y in /V. y V ,'./\7 ' “ .■•:% »' A \\ ”" k ‘ c - . -T . \ ‘ \ '^ o ■? (HI)1 j : Parcel Information Parcel ID 2011723310031 Housa Numbar 2014 Straat Nama CASCO POINT RD This is nol n hmnity nuip It nifHosonts n ciymptLilujn of infivrnatton 0nd diltij fioni City, Ctujnty, and Stulo load iUilhiMitios and i)lhoi sih/u:os. $ . r Date Application Received: 01-19-05 Date Application Complete: 02-07-05 60-Day Review Period Eipiration: 04-07-05 Cni x^rTIKlQ • f £B 2 8 2005 CirVQF OHONO REQUEST FOR COUNCIL ACI ION Dale:I'cbniary 24, 2005 Item No. 13 DcpHrlmcnt Approval: Name: Melanie Curtis |Y\//\ Administrator Approval:Agenda Section: Title: City IMaiiiier Item Description: #05-3088 -Michael Kuruvilla, Orono Montessori School - 850 Wayzata Blvd CUP Amendment & Sign Variance ___________________ Zoning District: RR-IB, One Family Rural Residential, 2-acrc Exhibit A - Resolution per Planning Commission recommendation Exhibit B - PC Action Notice dated 02-24-05 Exliibit C -PC Memo & Exhibits of 02-14-05 Application Summary: Michael Kuruvilla is requesting a conditional use permit amendment to operate Orono Montes.sori School, a daycare for 69 students, in the building which currently houses the Cornerstone New Testament Church. Additionally, sign variances for size and temporary banners are required in order to re-face the existing ground sign with a new sign of the same dimensions and utilize temporary banners in conjunction with their move. Tlic Planning Commission report is attached as Exhibit B which reviews issues such as parking, sewage treatment, signage, etc. Planning Commission Recommendation On February 22, 2005 Planning Commission voted 5-0 on a motion to recommend ajrpioval of the conditional use permit amendment and sign variances. Additionally, the Planning Commission recommended the applicant be allowed temporary signage in conjunction with the standards within City Code Section 78-1400(8). Staff Recommendation Staff recommends approval of Uic eouditional use permit ameiidmeut and approval of the sign variances. COUNC IL ACTION REQUES I ED Adopt or amend the attached Re.solulion. A RESOLUTION GRANTIN(; VARIANCES IO MUNICIPAL ZONIN(; CODE SECTION 78-1466(8) & 78-l467(l)(C) AND A CONDITIONAL USE PERMH PURSUANT TO MUNICIPAL ZONIN(; CODE SECTION 78-418(1) FILE NO. 05-3088 WHEREAS, Orono Montcssori School represented by Michael Kuruvilla, (hcrcinaUer “tlic applicanl ”)has interest in and Cornerstone New Testament Church represented by (Jrunt Hill, the owner of the property located at 850 Wa/yata Boulevard within the City of Orono (hereinafter the “City”) and legally described as follows: That part of the Southeast of .Section 35, I'ownship 118, Range 23, West of the 5"' Principal Meridian, Lying South of the southerly line of the Chicago Northwestern Railroad right-of-way and liiist of the easterly line of IJ.S. and State Highway Number 12, us presently established, Hennepin ('ounty, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has r .ide application to the ('ity of Orono for a variance to Orotto Municipal Zoning Code Section 78-l467(l)(c) to allow signage greater than 12 square feet ns permitted within Residential Districts and temporary signage; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit amendment pursuant to Section 78-418 (1) of the Orono Municipal Zoning Code to allow expansion of a Montessori school/daycare use originally approved for this property in 1979 per /.oning file #465. NOW, THEREFORE BE IT RESOLVED by the City Coiincil of Orono, Minnesota: KINDIN(;S 1. This ap|)lication was reviewed as Zoning Pile #05-3088 Page I of6 2. 3. The property is located in the RR-IB, One I'amily Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200 ’. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of the sign size variance and temporary signage based on the following tlndings; a. Tlic property is 6.4 acres in area and has over 400 ’ of frontage along Highway 12. b. The current Orono Zoning Code docs not have sign standards for institutional uses allowed conditionally within Residnitial Districts. Within Residential Districts a nameplate sign with a maximum of 12 s.f. is permitted. c. I’he existing ground sign will be rc-faced. The sign face area is 4.5 ’ x 9’or 40.5 s.f.. d. Temporary banners in accordance with Zoning Code 78-1466(8) should be allowed in order for the applicant to announce the new location for the daycare. I he Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of the conditional use permit for a 69 student daycare based on the following findings; a. Tlie site meets or exceeds the parking and playground size requirements established in the Zoning Code. b. The building has been approved for daycare u.se in the past. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City stalT, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to otlicr property in this zoning Page 2 of 6 district; that granting the variance and conditional use permit would not adversely alTect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; won'j not merely serve as a convenience to the applicant, but is necessary to alleviate a demonsirable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or mure of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78 I467(l)(c) to allow a 41 s.f. sign where a maximum 12 s.f sign is normally allowed and a conditional use permit amendment for the Orono Montessori School, an institutional use allowed conditionally within the RR-IB Residential Zoning District, subject to the following conditions: I.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicant shall remain in compliance with all State licensing requirements. 3. Applicant shall comply with any fire safety requirements deemed necessary by the Orono Fire Marshall. 4. Temporary banner signs not to exceed 32 s.f. in area shall be allowed at the site subject to applicant obtaining the required temporary sign permit. 5. Student enrollment shall be limited to 69. 6 Authorities granted by this resolution run with the property not witli tlic applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 28, 2006). 7. Violation of or non-compliance widi any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28"* day of bebruary, 2005. AITESr: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner Applicant Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this __, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 iaiib*Aiifeiiu........_J STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of 2005 by Michael Kuruvilla, Director, on behalf of the Orono Montessori School. Notary Public ‘ STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Grant Hill, on behalf of the Cornerstone New Testament Church. , 2005 Notary Public Page 6 of6 'f! i1 i. *• • \ V'!otcAoa ^iBir A__ ■_ _ ^^lostoroo*"-------------- luce umm o€tai._^ (NO fCAU) HOKTff I \‘ / rHX^ /I PARCEL B fUIminr AREA • 166.399 oq. ft 3.62 Acrtt OAK ar ICAU if rccr NOTES: —or— IMNOTliOMPNIAOMCfnCLJNi 0 OMOlWlMNrWUI OWOTftOflAVILSUIVACf ESS] OfNOTtSeONCWTIMIPACt 3^466 oq. ft/0.06 Acrn Wtttond 102.914 oq. ft/3.74 Acrtfl'MIghlond ir PARCEi: A .tF. AREA - 100.900 tq. ft ^ 2.50 Acnt \ \ 4Z669 aq. ft/d.96 Acna witlond U 66.211 aq. ft/1.52 Acraa Hlqhload ^StEOTAO \V (Noi^ V<i. \ I ' ^ y 'v^ / OiNiaFSlOlOGAIOI NwoHi a¥ nc cnv or ONOMO •ICN OAK twamowKMiAipawjMoyiioa P»ANi^>oananououiTwaAWDAi OM rar « MOfr ran ooMPMus m ^'Srsb I MAF* lakFUNKU IAS* aAMMPOCBTaU OAK* OAKimi COT • ODTtONNUUU TTNEl lUI* aMflM VN* aANUCKTaU FNoaoaaoTw^TiawTAigA AMO AtrmiATi mt onnt «ir MTuiao •IIKArVODLAMilC ST «acMAa^ia« .L '%> i*,. Zoning; RR-9 Lot Araa MlnimQm: 2 Nam UN Width: 200 Fail Salbt^: FfofNYifd; WiMt Sld«Y«d: *30flMt SideYad AdjloSIrMt: SOISmI RovYaid: SOM Portdng 10 hoi '-vj V t' viMCHtr trnoMPPc srfii WDAMOMAAPOEOaTlCiMff NO >4I«« a o»K>risArouNonaNUCMUMU«T me 5oum UNC or INC sev* OF KC as-------------:i V COO SIfioN 3!ik T ‘la. A ly CITY OF ORONO 2750 Kelley Parkway PO Box 66 ZONING FILE 05-3088 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: February 24,2005 TO: Michael Kuruvilla Orono Montessori School 760 Hunt Farm Rd Long Uke, MN 55356 COPIES: TYPE OP REQUEST: Conditional Use Permit Amendment DATE OF MEETING: February 22,2005 Planning Commission voted on the following motion: To approve the conditional use permit amendment and sign variances in order to re-face the existing ground sign and utili/e a temporary banner in accordance witli tlie Orono Zoning Code temporary sign requirements. VOTE: 5 FOR 0 AGAINST Applicant’s next scheduled meeting is confinned as: City Council - Monday, February 28,2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FllE«Ob 30aa 14 February 2005 Page 1 of 4 Dale Applicalirtn Received: 0l*l9-05 Dale Apiilicalion Considered as Complete: 02-07-05 60-l)ay Review Period Kspires: 04-07-05 lot (’hair Kahn and Planning Commission Members Ron Moorsc, City Administrator From:Melanie Curtis, (’ity Planner Dale:February 14,2005 Subject:05-3088. Michael Kuruvillu. 850 Way/ata Houlcvard - (,’onditional Use Permit Amendment - Public Hearing Zoning District: l.ol Area: RR-IIl, One Family Rural Residential, 2-acrc 6.404 acres (278,975 s.f.) Application Snnmiary: I'he applicant is recpiesting conditional use permit amendmetil.s to operate Orono Montessori Sebool, a daycare, in the building which currently hou.ses the Cornerstone New restament Church. Additionally, sign variances for si/e and temporary banners are required in order to re-face the existing ground sign with a new sign of the same dimensions and utilize temporary banners in conjunction with tlieir move. _________ Staff Reconunendation: Planning Staff recommends approval of the conditional use permit amendments and sign variances following the Planning Commission’s guidelines for temporary sign u.sage (size, timeline, etc) subject to; 1. licensing with the Department of I luman Services, aiul 2. Maximum enrollment of 69 students. _______ Pertinent Zoning Ordinance Sections See. 78-418. Conditional u.scs. Within any RK-lll one-family rural residential district, no structure or land shall be used for the following, u.ses without a conditional use permit: (I) Public .schools and parochial or private schools which teach a curriculum similar to a public .school, provided no building shall be located within 50 feet of any lot line of an abutting lot in an R district and a fence is erected 15 feet or more from all street lot lines where the abutting u.sc is for open play, and nursery schools providing 50 square feet of playground space jK'r pupil .See. 78-1466. .Signs as accessory use. .Signs are a permitted accc.ssory u.sc in all districts subject to the following regulations; (8) icnipovary .v/g/w. b. There shall be no more than one temporary sign in any required yard area, anil, if .separate multiple signs are propo.sed, the total area of the signs shall not exce ed 32 FILE # Of)*3O00 14 February 2005 Page 2 of 4 scjuarc feel, l eiiiporary business signs rcc|uirc a building permit from the city. No such permit shall be issued by the city if a conditional use permit under section 78-l467(l)c has been issued to a residential property. No temporary sign shall be allowed in residetUial zones unless permitted as election or sale signs under this section... Sec. 78-1467. Signs in K districts. Within R districts, the following signs are permitted: (1) Nameplates. c. One nameplate sign for each permitted use or use by conditional permit other than residential, and such sign shall not exceed 12 square feet in area per surface. .See. 78-1516. Required off-.strcet parking. Where the principal use of the structure served is as listed, the minimum parking facilities (open or enclosetl) shall be as shown. (10) Day nurseries, four, plus one for each 500 square feet in excess of 1,000 .scpiare feet of floor space in the principal structure. 1/ist uf F.xhibil.s A. Application H. Letter from Applicant C. Hxisting & Proposed Survey/Site Plan D. Interior Building Room Plans H. Aerial Photo l\ Staff Report & Minutes from CUP review in 1979 CJ. Site Photos 11. 1)1 IS - General Child Care Information Br«)chure I. Property Owners List J. Plat Map Background In April 1979, a conditional use permit for a daycare serving .10 students was granted to the Busy Beaver Day (’are (’enter at 850 Wayzata Boulevard. Currently there is no daycare operating within the Cornerstone New Testamenl Church. With the new Highway 12 con.struction there is a need for a highway Yt cloverleaf acce.ss in the area of Highway 12 and County Road h. 'Hie Orono Montes.sori School currently operates out of .'1800 Way/4ila Boulevard; this location has been cho.sen as the site for the Yi cloverleaf highway access. As a result, the Orono Montessori School must find a new location for the .school. LOr ANALYSIS WOKSllKKl' Lot ArcMAVidlh: KK-III lail Arc*»laX Wiiilli Kc(|iiia*(l 87.120 s.f. (2 acre)200 ’ Actual 278,975 s.f (6.404 acics 400’+ FILE # 05-3088 14 February 2005 Page 3 of 4 Setbacks; RR-IB Required Existing Proposed Front 50 ’40 ’No Change Rear 50 ’200 ’+No Change Left Side 30 ’200 ’+No Change Right Side 30 ’200 ’+No Change Conditional Use Permit Analysis Michael Kuruvilla, the applicant, would like to amend the existing conditional use permit at 850 Wayzata Boulevard in order to operate the Orono Montessori School at this location. The school would like a conditional use permit amendment in order to sei’ve 69 children including 29 infants and toddlers and the remaining preschoolers (ages 33 months to 6 years old). Currently, the school docs not have 69 children enrolled however a CUP amendment is required in order to serve their existing enrollment level. Ihe applicant has listed the proposed hours of operation to be between the hours of 7:00 am to 6:00 pm Monday through Friday. Play Area City Code requires 50 s.f. of fenced-in play area per .student which, for 69 studcnis would total 3,450 s.f., this fenced-in area must be at least 15 ’ Irom a road. There is an existing 50 ’ X 70 ’ fenced-in play area located 45 ’ from Highway 12. 'I'his existing fenced-in area meets this requirement with 3,500 s.f.. Parking City Code has determined parking needs for a daycare to be four stalls plus one stall for each 500 s.f in exce.ss of 1000 s.f. of floor space. The existing building is 5,500 s.f. in area therefore: 5.500 s.f. - 1,000 -s.f. = 4,500 s.f. 4.500 s.f./500 = 9 stalls 4 + 9-13 total parking stalU The property’s existing parking area, although not paved nor are the stalls striped, exceeds tlic parking needs for a daycare. Signage file applicant is proposing to replace the existing 4.5 ’ x 9’ sign face with a new sign meeting those dimensions. A sign permit will be required at the time of the installation. The applicant has also requested some temporary signage to aimounce the new location. Technically, City Code Section 78-1466(8)(b) states that a conditional use within a residential zone which has a permanent sign shall not be allowed any temporary signage. However, past practice has shown that institutional uses within residential districts have commonly used teni|x)rary signage to announce events without applying for variances or often even a tempirrary sign permit. As we have the request on the table. Planning FILE # 05-3088 14 February 2005 Page 4 of 4 Commission is requested to review the proposed temporary signage and provide a recommendation as to its use and the site. Septic Treatment Prior to his leaving the City, Matt Bolterman, our Septic Manager briefly reviewed tliis site. His analysis was that the existing septic system was sized for the church and day care use but was considered non-compliant. However, the system would not require upgrading until 2010 unless the use on tlie site was increased or tiiere were major building expansions. The propo.scd 69 student day care use does not constitute a trigger for system upgrade at this time. Hardship Analysis /« comMering appUcuUom for variance, the Piaanhig Coiiunissioii shall consider the effect of the proposed variance upon the health, safety and welfare 'tflhe conununity, 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 undue hardship 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. Staff finds that as a conditional u.se permit currently exists on the property for 30 students within an operating church, expanding the student enrollment level to 69 as the sole use for the property is not too intense of a u.se and will not have a detrimental impact on surrounding properties. The proposal meets or exceeds the requirements of the City Code regarding day cares, and conditional u.ses within residential districts Additionally, quite often the needs of the institutional uses within the residential districts are not met under the current sign regulations. Variances have been consistently granted for the difTerent sign needs for the varying institutional uses within the City of Orono in the past, and perhaps this is indicative of the need to update the codes with respect to institutional u.ses within residential zones. I.S.SUCS fur Consideration 1. Does tlie Plamiing C’ommission have any concerns regarding tlic proposed permanent or temporary signage? If appropriate. Planning Commission should discuss standards for temporary signage, i.c. timeline, size, type. 2. Does the Planning Commission have any concerns regarding parking or access to the site? 3. Arc there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the conditional use permit amendments and sign variances following the Planning Commission ’s guidelines for temporary sign usage (size, timeline, etc) subject to: 1 . Licensing with the Department of I luman Services, and 2. Maximum enrollment of 69 students. 1 KCHIBIT a Application# Date Received / ! 1^1 Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ___^O (\//=s7 'P_/7 /?/.«://> Type of Application to be Filed _______________________________ Property Identification Number (P.I.D.) 3 CT~ // 2 3 - *-/ ^ APPLICANT Name _____/^~>tCA/naL Ki/J^ULJiL.L.f^___________________ Phone (home) V Phone(work) <f. / /, • 3 Address 7/. n >-/</yv7~ t \ City /OA:c/ ^n Zip S ^.J O OWNER (if different than applicant) Name Hn i . <^7"<rwJf o v a/T C/yoJiy:'// Phone (home) 7L ?> V74.- _____Phone (work) 743*^7 ______ Address >t4or L>,^ City _______Zip Date Propert y Acquired JL^ni________________(month/year) I (do) (^o^^also own the adjacent parcels of land FEES - CONDITIONAL USE PERMITS - \ __$600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) ____$600.00 Guest House/Guest Apartments ____$600.00 Duplex Credit/Bldg ____$600.00 Commercial/Industrial Use ____$600.00 Land Alteration + Permit _____ Grading and filling - designated wetland or floodplain _____ Grading and filling - 501 cu. yd. or more _____ Grading, seawall, retaining walls within 75' of lakoshoro PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600 00 Commercial Site Plan Review (•♦• consultant fees) ______$600.00 Vacation ______$600.00 Easement Vacation $100.00 Easement Vacation With Subdivision ________ $600 00 Ro^oning (PUD - refer to fee schedule) _________ $600.00 Cornpreliensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule "1 t * DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that; 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2.You may refuse to supply data, but refusal may require that the City deny the permit or license. 3.The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. If your requested permit or license requires Council action to approve, some information may become public. 5.You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. f'll') £ J-.__________/Cj____________ First Middle Last __/-/uryT I) Address rVp City State Qrjx - ■ JdJU L Zip Phone I understand my rights as stated above. Orono Montessoli g)tm6iT 6 School 3800 W. Wayzata Blvd Orono, MN 55356 Phone 952-404 0935 January19,2005 Melanie Curtis City Planner City of Orono 2750 Kelly Parkway Orono. MN 55356. Dear Melanie; This letter is in regard to Orotio Montessori School’s application for ISrrnrto operate our school from the location of Cornerstone New Testament Church property located at 850 West Wayzata Blvd in Orono. Orono Montessori School has been operating at 3800 West Wayzate Blv^n ^nce of August 2002. The school has to relocate from our current location result of the highway 12 constructions. Cornerstone New Testament Church has agreed to sell the Montessori School so that we lean relocate the school to the church property. . .. _____*. - n in Montessori School from the Ic y00rs old). If you need any additional information please call Michael at 612*296-3518 Thank you. Sincerely, xJ Michael Kuruvilla Director, Orono Montessori School ».,T .fc . > . rREvSoSs----luiBiimrw AOOID «IUMD MU KT 7/If/M £L OHM issssisr^RS VM46iDf#ur f/»7/W ORM S5S5S?® •MiTMir acm CMBMNT me. omi F: i BUILDING SKETCH 850 Wayzata Boulevard Orono, Minnesota 107*6 Office Daycare | ••• $ 4 * ' Kitchen/ ^ ^ Dining/ I .Rest I Classroom I Robmsi Area I I I L. .L_-J Narthex 50* .r ” 1------r I M^ch.l I Ropmsi Class Room I I I 1 (Interior dimensions are not to exact scale) amvA JO aivNusa am. Exhibit E t:; : V. fit.' i•kV ■ 'i j. Kf> .: - .1 '; ;{^.^ij.jiii 11 tf ■^, *3^M* k* V - yji^\» • rs^m » • W /*'. C-VV;-V I .' k-t ^ ^ V>^ ''“' /SB •'■■: • V: r ;<V VI ^V; > \m ► ' ■ ^* - I. i V »• ♦^*r *• >s>' _ ‘VV^tv •“ '• ■. 0i .y'u;-. -v v. ^ V-‘•■■ *' ’# y.i^ ^ ■\: -»; m‘t| H I imm :V#C '' ■»fc'/rjfSP' 1%-^, ‘ " * *rr ’kT- .•* -•• ' v^ V :fv IT ** ■' ^ ^r-A - *- j- r'W*^ . vrt 'r* 7**^^ 1 r.- / • Av- vrii- *'’• '» •7' * fev' ,vi --“v -' p>'^r*r*^.' »•*'•- ^ > •- ■V'**'Ki l.'^> r<"AN:*v '-::t v;51 fiL;*' r*. «. -* <« VV N '\ »~'-t »-w- tf- ♦ ^ •> • - ' / n1! m ‘'^^^Bg*******^^ fcy.w«w«»»ioagg8s»t»wH»i<?Bteg Ttto^4t»«^ V .•^'■■•■•:‘-_ ■• •.•.. ..•• .£'0aiBiai«i9i»£i pi^s^a ^ r«»'4v*>*<*** «**• Latter Day Saints, |^■.<:.'r■'®50., 'Vaysata Boulcsvard fei'^-^---Wayaata, ^,^;> mnnaaota 55391 .•■V- ^ VOVXCB or CIW COOIfCZL ACTI03T •. *.,w • y.MbdiTislon# 2'1'V: « 1*'»■• » If V ••• ■*«.«— ly Data ojJ Pstlo' '..M . • # • &Oata of Maatlngt ^in»taat _A rcr 'ActionI April 2t^W^> jO_A^nif4St •.■•• • ‘ • o* .: *. .• ';. ^•: ‘ •... I Abatantleh .c •/• /.* ' • r»V • ■ f .• ‘ • / V- ^ K '•* ' * • •«•■* w V *, \» .i— Approval* &L Approval* __ Dafarral* .M Aaferral* .. Denial* T **■ • ‘ Ac n’a7OTittc4 arbjcct to applleabla orfiJ.wsnC'n Sufcjcct to con'’itleBS noted rending rccoi.oi o5 infosnation noted nav.le.^ Ir/otbors* as noted Por ronconn noted • ^ k’,»j>». ■ _•* .**■ , . ■• , . . ^ ;,:>Ons ft SPECIAL C0ND.TTI0T3 • Co^incll approved trahafer of C*.tp to 'r*r-:sro'n,H..r,r'-d iiqwreh ef Jaaua Christ of the Letter Day Saints for contlmilnE c 'vitc :^ u -: ' '* ' '*■ ............ ' ' ■ ■ II property. Council approved CUP for Pugy Beaver Day Care Center for!?■<•■ Vi pupils nsxlaMB at one time subject to eowpletlon of Iwproveaents reo.wlrrrd 'jr 5'/.! Fire Marshall, Building Inepector; to eonatnictlon of fenced play erc.^ arc' to & -i"*^*^*”** ^ aubject to review upon Council diacretlon ter traffic yroblw*: or othar eooiplalnes according to Code. Qoadllnea!^ Variance approval expires one year after the meeting date. Contact bu5.1dlng inspector for required pemlta. 2QL Conditional Use Approval Must be reneved annually. .Expires on _ Xy y?u3t be reneved upon change in _ ,. . ^ ownership or use. __ Preliminary Subdivision approval expires after one yea-^ meeting date. Administration for final plat requf.remortr. __ Final Subdiv..8*on apprcr/al expires 6 montba after mectlns r’.-r/io. intact Zon5.nj5 Administration for filing requirement!? nn^ doexsment approval. *“ Items may be declared fot.*mally withdrawn If appllc-ri* calls to pro*/5.cIe 5.nfoi.d*atlon within one month of arai^.r>r date, or by date specified by Council. If you desire certified copies of the official City Council Minutes, th«v Counctl^^***^* Deputy City Clerk upon review and approv.’l by the r : -W3- •IM.; • A’iW: i vw- •:»5 ;'. s: : M4 ■■■ • i:U'y lif) ’A"V- :-^<i\M* > ''••.yi'.v •VV%. •Vju V ' -‘v-v:'. ’ *-V;->:v-;., V>S I • *i* m : -;^v. i o f j 3 • ^ Cert if ict'tc of surv0y of proporty 1 f 11 ! HtU>PCA*J‘ ft.O ^^Hu€. r.M or APPLICANT Ka.Uing Addres* a£OJUU£yj:a2i Wai8e]||[j^. .i«awtagBU T»1 ^VA^jtAfTA OWNER Name Mailing Addreoo icnal' $S6■•'••:'!; -j variancft $50 i'.' ^ ’1 . .. , ■ ■• 2. Eesonis^ $250 •/■’•••. V<v v ___A ■ ^'JMprap .$i5i($65).{^!vd^^'’;it‘;t ■■ •— •••» 1 l6C h - .r * • *•V..4 TeJ. j PBB - . .. . ,. ^_CA^' Dat^ ■ :•«& -- • —■—^ ^ /I f, /.»- 'ji Ol&yK ^TS»ji!* Present Zoning ^ /S * / ij? Try^-ra---- ! w. ».' • ,K Presort Uao Zoning Ordinance Section Relating to Request • Jj^ » 4* * • '»; \ Specify Ordinance Requirements • , •■ * •• ; . ■• .' * - ;■' ■ ’•'■'•'■■•tl Explain your request and reasons for e?s» jy^v iT.PrjTjr^^ V*v ^ V /•r/n /W <yji//y </ ^M-rlf P~/i g /Tigy U/e.^ . VARIANCE required « extent of nonconformity lot^ftgea ____Setback Front____ Side Width Other, esgplaln Rear ■: ■-,. ■ ■'’ ■ jS • ■’ •■ ■ ■•. ? ' i •' •.Vi Specify hardships to SUBDIVISION Residential Other, explain No. of Lots <17. — ir.«w ^ Ojys:^ ."V r<. rr/zfjt^£> r<—maj.—g<c rntb^ r,Aj « ^ .i-cc ■L^'Un^L 1 .*^Appl icatlon completed 2. Plat nap section 5. Certified Property Owner's list of ^ owners vithin (?.C0*) kXwn$- from Rennopin Co. Dept, of Finance A-60 3 Govf‘rment Center 6. .Stamped, looal sired cnvelooes pro-;.ddrof.nrd to each o£ tho ranor on t>ie above li«.t. S sketch location and setbacks of proposal 4. Construction o.lans, if applicnblo DATR_-j Appl .tc nnt • r C .Ipnntv ro * yy ■, *,F ^• .■ ■^ ^ •* . »W>‘A , - / .* , ■♦•1 I- •:i V i .1 t* ! ! •V.. TO: FP.CW.: DATE: SUBJECT: Planning CommlBsion and Council Jeanne A. ?fabv.ofch. Asst. Zoning AdmlnlatratoT f^crch 6, 1979 v ‘'>.V5-. ' - A'if -^««« Christ o£ Letter'4w V.-0 Nort-i rfayzata Boulevard, Joint Coodltlonai Vjsn Pcjni^/; ■ ................, ... ... ay f-olnts' VOE.T SE?^T^ Zon.mg District • RR-18 (Ordinance No, 34.820), f' .* Representat J,ves; ■ • ;■ Aiw Joyce Olson - Reorpnlsed Church of Jesus Christ of ' :4 Ine. del - n.y ere Center center will overate frnm a m ® .7 Center, The sSuHj; ih? LVffair the Orotw tuUdlng iM^Mor *m nta^^ladl fd* f*-*®' ”*'• »wi,jf *id.Mndard. to be .lndlyldu.1 report, o. „f,ty fee the ,ppU=.„t .gr.ed to «b. . .••. ,,.ir:' . , •1.V/ .A'i (-•’■If ■ iP ■A «and she foresees no oroblem *• * opp-lcatlon is being vevleved Orono of the ConJ?°iona^ deteminatlon by from the Denertmcnt of S<?t approve’ She Win reporrortMs rt the p4Murch. Planning Commission meeting on the I2th of: Note the limited number of reou<ron««,.„ « Code (Ordinance No. 34.027.). Tlie schools in our Zoning Zoning requirements. * «^ppl-cant s plans moot all of the a) Fenced In area setback R'^'qulrod: 15’ - Proposed: 80’ b) Playground, apace per pupil Rocuired: 50 s.f. - Proposed:83 s.f. 'I1^ V- * ' TT’ i-- h f I • Y'H '.. An ••V' V -(I A '.■.y*■^^.‘■ >■ "'•' •.■•■ ■‘I" "-"r^ -*r -/• ^ •*». • . ■ ' ■• - > • . v * •••,’. >» • • - i a . ^ • * - ■ • - .^ • ' ■ .' :.*••**• • . •*. ■ • ••* *•f -. . , • . t • f» . • • - • • 4 . • > • 1 , . •. • • . • R*v-» • -7 ir*-’' *•*'-ii ^ Mhrch 6, 7.979 Pj=or,'5anl*«»<! Church of Jesv-? of the Latter Day Sainte Joint CondltionaX Ucc Pernr<»- Page 2 ’ : :xw.^ .t ■■•■ ■ ■... • V r - ■ ■ ' e t s ■ • '•N • f. .ubrttt^J not bS ^ ' nAiraiMC CWMSSIOB KESniH . MMSok 12, 1575 . ......... ■' • I V j ■ *\*‘. .•f* JV'.-’J.'; r . • * Ajr4 •I f • • * •' ,• with thc!lr^we«*eir'vo*S 'ill ”PI’**n»tlon tl;, CHtoS of th. propo»e?3,™“'jrc«;-^*” Z"«' «“ ’ :: 0rooo-« fliw.1 'f«■=»• wot r.-«H ' •; care center, ^ '*■" l-eenee la ^.8ctK^I for tbo *! .:' .r- 'S/JisJ' 'll v;yS ;7Si , c 4*'■'W STyr MOTrjwD_^co>m»n4Ttoii - :.mbch at, lero Joint Conditionai Use Permit Aj Cl'ttjTch Ooeretl on ^ -4 vi Staff has reviewed the Caivarv l>feiiinf4«i determined a guideline for rwl!SS (-leoae review appllcene'e lettej «PPl»catSon.ctuer responding to staff's questions 1 c»a _ _ - * *i: E-ijlg.' Proposed: i -t-,11 , members a« oewera : ^Cr^4TJ u:? . V'' .ri'iSf.- ■f>} H*•V? rI^^ %■ fV:f ■f W. j'“P4""^'cc?or?rti^“" a™/e<irr »e “;,r4ro-- »"~^or“/:SrS'«f state nre .raneU-, _________ . • —i# rJi i ** w'JT! -Ct* * =!^"' ." "I- v>..f ^ ^ •tv r’'r-- r ill m ‘0 • t ‘ {''v . • .;• .’ ' ' •. .'•' r *. ' ?•; . .; i . • . . '. v :** (■/. .'. ...... • ;• • ».' ••■ v.v.’;'“' ’ •» Mflreh f, 7.979 . , . * t * • f . . . ‘ »•••>•*. • >v.' • f ‘ * . . . V ‘ - '' '''i* '/ •** > Sv'- V *»• • ^ *. . ’*• «\*‘ //' ■* *'^ # _ ^ _ . *» t . • W ' I .••.•■**• f* * ■*•*-• •*■ * ' PLANNJffG •• • , .%•;■:/•. ^ V PXannlng Conwlff-s.ion r-con, ,^ ’ ‘ ’• ■ ’ ■ ’'• ’•' • •' - ■ * -' ‘*' ^ > T i*-:, I app-ovrx Sron a» St«e Weif„„ Sfeparawn,. . ■ :X. 2. 3. report a<ferch*9/l979)r*”^^ ^^''rcholJi»a. ' v;y, • . * - It/ . ' y-:: 4. S^«hVlS79/‘*“ ^ m«poctor»o '■•' ‘si’" ‘ ‘‘ ft v^. . ^U.«« .e.,d«,rd, „t by S^ r-_____ . ! : -w-i.-Ir' .t : i. * ••' •V'* ■.-, '?,* .*» •y-: ^ w ; /-V -’«.TA-. V ’,■•■.?t i t alittiiKiai k '-'.WOT "m ■ ■■ '>•y I » i'-L >•:■':■• I b;'.vxc)f.orj 7.^?<'6 Univerf Aty AvcrA'.c,r/y'- St. Fov.?., ['?.nn<?5ota , • . PC CC5j7-(5j . ... • /I ■iT^> ^rrri^ ^ '. J-K ■•_5riv-JC.'*ayT,* ••ShWN*fe-o!%-7wi;-s.-C*T4i^fe-jrN!:-vVA<^^ ____ p o^* 5iCi.f».v.?r 650 WMreata Elvd. Orono, W( street Addreco. City, iJtauc, c:c<!f2 ---------------------— —--------------J :/• : »■ • ., : A :i *;‘V* ..V j-. •, VI I J i'i !-■ STSi.-:^:: s'::2;! :t£a~ ;&-k : Minn. Rule PlreMar 31, ' ’“"ito'slto""'’™ S’i'.o..P.i™ JJ®* 101» Sec, 9 “T377*» vh5.c.h Btc.tcpt Janitor 8 closcto, njalntcn?»jc0 sijops 3.nc?.v<j.:,n.T Mc«3tV'o-->-’n>r rn/v '•• » he building w«th cor'Struct ?.cn hfiving not looo tibr.''* a 1-hc ’ir W»fv».» tance rating and all o?on5.n-D s:-.!! be orotectod^lt wMw’th^ S!S^^..3T fc Kith f.v.-,Mhti, *■ ttoous'Mut «n<;£rc bKil<i;j«, Minn. Stat. 5299F.011 (197i|). ' Minn. Rule PireMar 31, i v- 5S lnSe^?fS^^^S"^ <^®n^'alnlT,g tS center. D^tecS^e eta^-^^w, pursuant speclnl protective receptacle coverc B.hnll be Installed, Minn. Stat. S299P.011 0.97tt), Minn. Rule PlreMnr 31, MUPC Sec. 1^216, aa amerjjJed by Minn. Rvlo FlreM.ir 33'o). we can b.. oi furt.^er assistance, please >oel free to cente.e .« tno ixndern\<*n^cl cz on/* ^ c.nt^iCt * f ■s I '■ i:-. «\- Dated March Q V*f?_r VT*nc T* 19 7?Bv • # .* m:;i.iPt: ..ip.-.c rr^ JlT. ’->rly '’i'•'i I 'I '•t i' ;.i j > % ’■iI ^ il »:■■> ‘ ' ■ ' •)' ^ 1; ’ i' » 0'r- : i • ‘t I ' I I.- I I Vlr I' fe'- f . ■4■ • Vr;<W ’ *'•'.}■'.' gOTv AM MRBTIKG COUNCXjb tier . movo<5, ijTjrr. oecbirided'v fco•♦•w'■■^'• ■ *'•■ '• ^ ' ■ ■ ' aver'Doy Cnta ct^ntot «t tha ^ ^ t.. ■ •. .. ‘ ■ •. . • • > • • i •• » t ^ Final npprovfll from the StatV W«if»r« Wuireraents cited In So StlifcV?'’’ ''. :Firo Ma..p.M,.l n report oi! March 9, '1979, Completion of oil items stated in the Buildine InGpector'B memo cf March 19, 1979. • * Conp iar.ee with etondarcls set by Planning tlv-n 30 pupils in ittendanc? durin.^ ■ fcho morning or afternoon session. :ion, Ayce (4) - Nays (0),•*•■,• :v ->• • ..t ;,v fi idward Marine }.r, continuing their procran of rapping shoreline landscaping in 1979 The rapping is very routine and wbuld nornallC hT Ts:!* h th« riprapping inclwSnl becaua. It ia^m^projnet sp-is^™ ^^sjd-rur" to bo roooiod-and r3j'g4/egbg«g;! ' plans Should be reviewed for structure «na nning Conminnion fleeting - April 2, 1979 inning Corrolnsion recommends for approval the *:'PPUcation of WlndwKS ftarl.m ^rTo^an v/ooden wall to be replaced a 2 • c. Ann” p'^'Ser^T* standards, and cSnatruction Iblem. P’ann^nn leaking and erosion oc\ nirV^n ''Omnir.Rion also approven th^ Jl^a.k.m, i,rea being roqraded and replaced with cnvioTTlO^.V, : iK^d :-:hcr--y Wiivxo.rc'J KrSr.ino ;• m ^ I ♦ I . ■ - ■ •,; . • : ■••.-■•• • >••: ^•'.^ '•'■ ■■ •.■••■•.•■• ■•••■■• *: :•:’■■■••;, jr. •■ •.<.>•;••. ■•> ..:: • •-•-vl • .v's /: ■;' • 'CCmiTSl'Cn lG27iy5 i#.J?' 0?T Am'u •.’'»> 1C V'J» r.-t;.3 r: Iv t 'w .»,^ iicard laCcif uticn ?.’r. ^‘*pr,?r '^.vr oTorcr'^r, CM?:cric>:* ff.'jJ.r:'??.-.*^’; t>.C ?:>.c >v,\;/:'‘;:bullding;*« to conp7.1nttCG '*3.'^.^! R-7. r.irm.'lr'’ ,.. We^r st.'^Ce'*: tT?o?: <^:\t»vAr>x »;.'in ['■•'^’•r' ", ■;^ aa it \75.n v\^h t'ha <•<; Gnd <3oorf. '{^V-- rc<* ■ watarproofed and Mr. vr^:;Gr \>\‘ vt/^ r^n“.ly !}:r.<r.r,n‘i. palntlnRf liweverp he snev f.n r\ cev.-j?.'.'? cC ”?«•'*?•■; vniri' tha axterlorbeige. ihirr moved to recorawnd apj>r ‘?%'G?. c.C tVir: r.-'int’i<:;vrr.r *. uaa parmlt for general o£i!icr p,pr-'s:.> p^n;c;>'’' ’jvf.’.li 1.?y» ' • Inapaetor'a approval of arx ’l illr ticv-. of -zIk? aprlnkler apetem. Motion cecon;’G<!l by !.Cn'r^’„ Votas Ayea (7)* Wayti CO), 2?o't?.OT tjr''?r!’.V^*‘‘j,.7l.v, * •BsSj Mra. Clcl and repre«encat?.vG»i of t>.<2 c '.v.rc!> voro prcaant. It was augsestocl tbr?;: tl'.e oV«rc>. ^ni/or Mrt. Clcl ahould checic t-jith tbc bi/:!;r; \7v ofo-^rtr-onJ!: regarding the poaslbUlty of obto:lnin/5’ traffic •igna warning the traffic of tbo clvjr-^h/erro center. There was further discuaslon cC t’in enn ^int application versus two applications. TTne Church expreaaed their wish to process tho application Jolntlj They stated they were evsro a new application would have to be nsde If tbn church danonlnatlon change?- and 5’*rtbe^ stot<®‘- that tha license of Mrr. Clcl ccvlc* r«ot bo Crenaferred ao If the operation of the day caro changad a new eppllcat?kOn wculd. alr.o lis*/*? to be submitted to the City. Hurr moved to recotmsend approval of tho ''olr*' conditional use pemslt of the P.oorp.anlr.od of Jesus Christ of the Vitt^r Dry Srlntr end cho Busy Beaver Day Core Cenlcr cendltlo'^O'' vpon approval of the State Volfrrc Dcnnr'rrx'r't, r;^r'*o Fire Marshall (letter of Mrrcb 9, 1'^/'$}. n-d. t!-o Orono Building Inspector (pirrt hla memo of March 19, 197?).' I'orlo- ‘ by Haomerel. Vote: Ayen (7), Nrj»r fQ). Motion passed unanlmouriy. 21‘o7 *J».* # # , ) '• \ j.pj'‘r.cAr*^7D cw( O? i./.l-.m DAT i P5D ^'ayr:,-r,tr D’a mi •G 1/,K1- ^ * • I I ?J 1^! I.' ■ •,- t* ^ / . A .. J V>»t - I7M|2rn» ' 14 »i^,.*-‘ J ‘ilAfi^^-: - ' ••»Vj«»^/.i '• N'-*' J; ‘**'*r *j. ••/.“//.':*«-^ rT'H'M'* J *'• •.•?;. r,*‘ j ■* ■ i^’-'V'o •«,* .« t* ••.•v/;'Via^ ‘«i. y P.ZO?.OMlZ^.r) CH 0.?? JKSL'S Ct’Rr^ TH,’ yViTTi:?. DAY ?50 V’«y7-nr..T <?4C.5 MtNuiEs or A Pu:™iro co:.«,.,sion >xetin-c he,.o on- kapm i,,' i,„ Fa?c .tt «'<• Mr* t-m .''’■■^ one c’av «. v<-o!< ai?es 2-1/? - fi\ ^ ‘ to ton ch>-', !• only 108 rogi«tcr;cr,,o;nb;r^"^:;;p\t?^/*‘ further Informntton on meeting when this item wiU bo'nn rtetS^ Ji ’or,?'’'''' were prcsejjf ^’Au’^?oirme^^*^tho' of the district. An ecce-s oermiroqyiroments requested from the Co»ntrMeV^%'‘^'-^ road Is being requested ^ 50'^ Too T>2. KFxq HOPrs 9-^0 •^^.xth Avepi' S^.'BDJVI';I0^T ?^-otch Plan P,/»v ■?4CA Mr. Petersen and Mrs oimnn ...«qu..t i, to, «vidi„fr2.3/r,'’”""'- l.k..h„re •etb.ck, th^ '*>r 75' requested that staff research McDonald on this property. -Search an earlier aopUcation ! Pege 3.*^»?‘ r*'johnsLn''-"the"r^^ C. Wilson stepped c’oi.m from ^ote th.it «» Mr. Johns, on is e ci»en«- of M? V ^cation to approve the minutes ar^mof^ 3 ^''od by Hanmerel. Vote: Ayes V5) seconded passed unanfmously. ^ • Motion CARY PETERSW 13^0 Baldur Par' SUDDIVISICS Sketch Plan Rev «A66 MINUTES approval Eebrv.iry 20, 197 Meeting adjourned at 12;IS A.v. ADJOV'?*"-'':*''? r m i PB' 0M: ;.mkrx-} ?11m ■ ■'•fslf '7^. ;..rpT-^ w Im % • “. -V.* /. 4 it V‘ ’•■V-i • • * , ‘ • • /• •.’vJ ' 'I'‘ ‘Vi ..‘Y» /. < ,,,,, S^tail^d resoon.* I! '-C>’’:-c>r’v:or;.: JonSiJJ JIL **“**^}® *»«®»rAn9. I bcOir/vr- ':?;r:. ^->ir dtn.ity ^«ng* would be a rcasonobXr, .-/^f;.^r. ,..< r«,mJ!?i®'v!!f?i®" Council to ocr.^>*. -b. >PPllcatIoft ”bf J2?“5' I suQgoot i.b/)t tMr vflri.V T«eppllcatloft be tabled and a public b<'nri„g Council Meeting - April 24, 1975. for t to dlRcu.-.s tVir JoJi!*. of ?H ®* was b«?.0 roMcorn-./.^: tV’ ' '^hat a variar co to roW n ownership would involve. ' o n detor^Tn**’^ properties south of N,-.Vr.-r„ to ' diJJSi or^°^ properticr, ni,7ht :->o Srnobe??''!5f;-!*“*’??,*®®®"‘*®^' table the .or-u^p*. 1979 foi Shadywood Rond, ' oiZo« f •‘•ditlonal Informstion fron r.tr'-' ' ol Malkerson to check oS liJiJLff ^<t • f' •.. '■•■ t y V. •-•: t. 'A?ys r.,bi»/irv«;-c>d Tfo p\ •>/ / p •'•.n r joiircSiduioSi?„u*sjMt*;or?Se- r""*Church of Je.u. Chrl.t ^ i ^f'orn--\T>xzr}C. way«t. Bo.l.v.rd, d.t.d IUrch“o. ;?7?? "vrt Work So.sion - Zoning District - pn.^n - o?"^e;sr2Sir:;‘of"?j:rL2ir" o Jnrcr.rpJoJiJul “ 7 Thry rcc|uPBt a conditionji^ ^onen l»vth^r,-in C?-.'rc*-*. «i church* At th« mm P^rntit to fvn<'t5.or» 'a permit to le^e the bl?Tli^' ro.-uepta.Tin. center wU? op^J® «n a n.,y ca,^ Monday through PriJay and STll'r^ ^'thirty punilo <n« L , “} r.ervo a nax •.myr^ :^-l/2 to 6 Ve-r- pupils win ranor. Vor- full n-hour day and Sthera'^wi n'^v ’ ‘ ''^-''7'' ^f»rh«>dules. ^ tnera win bn o" h ilf-rVy coND.rT.To??A;, pnjr 'frr7;7r'*‘v . ot; In.., i “T ^ ^ X ;«:--m iv#:. 1^m!'.'ifl i ri fv» ! v> iS' r#:i iSa \^W\ ml ;f^5t-': '■r<‘Ar?W •.;H£|; ! :>'A : ifei : iv'.'.S i 1 ,<■.rf: » f.;:N i . A ..iv.."^ ‘ • . ■ S , \ •'A WBSSSKfKmimsm*mrn^^^^^ . ■■ v>m| ' •• * "V ' -<r.-'• •- * • ; */»y•raw• •!• !!♦▼ •• n>» • t#»-5-l *• • \ ,V* * >‘ /.*p«:crv ’.v\n MrnxiNG, of.. affjci,'' «; j.^ 79 staff has mt Wlth/.tha Stit«'Tl‘r»';.f*«rahall at tho sit«, Mr. Hanley‘and .tha.’Orono Building Xh.T.pcctor will submit indivldnal'.reporta. on .safety stonc’wr/’i-- to b/» followed, rhere rppsared to bo no ceriooi? problems for the applicivit agreed to make all t'*? necc-osary structural changes. Z have been in contact with Car.la Brown of the Department of Public Welfare.'' tfha informed ivr t?wt ' firs. Cici’o application is being reviewed and nb<> fororoes no problem. Mre, Brown awaits final determination by Orono of the conditional uec prm'.t. Mrs. C5.C.I will have to get approval from the ment of Health as the center will serve lunch a*»! snacks. She will report on this at tha l»lanrin<7 Cormicslon meeting of the 12th of March. Kotc the limited number of requirements for nu.rr»'.''T'.' schools in our Zoning Code (Ordinance Ko. 34.021)." The applicant’s plans meet all of the xonlng rcqu.irc- monts. ■■ ■ ■■.. '. , Fenced in‘area setback I?oquired: 15' Proposed: 80' .'V, I .V t‘ • •■' S ' -* ... i >:. Playground space per pupil Required: 50 sq. ft. Proposed: 83 sq. ft. \ > . . .V * *• ‘ -fV- . *n V coK379'<yf:SZr Staff recommendationt Bevlew proposal with epplicnr': an''< possible need for additional information. Unfortunately, the reports to be submitted have not been received. \ Plann.'.ng Conmlasion Heating - March 12, 1979 Planning Commission reviewed the joint applicat.ion of the Church with their representative fir. Jim Chaw, and Inge Clci, the director of the prooosed day care center. Stafi has been sdvised to" choc*' the Calvary Memorial fils for standards to doto^">‘o.o the adequacy of the facility to operate as a Mrn. Cici must await Orono's final deterrvLn.at.icn before a license*is issued for the day care center. Staff note and Recommendation - March 26, 1979 Joint conditional use permit A. Church Operation Staff has reviewed the Calvary Memorial file ar requested .inti has determined a guideline for revinlne thin ph<;r.e of the application. l».9* ^ it'* I. ■ It! • V: V-/ ■- i; . .qi:‘ ‘Ji'i ■■■■',■ " ‘i* ' .• <r>- • * * .. ‘’M./ * ‘v . i'.''' ■ ■ •. -p-I- '• 7’' r :‘I. i : t’-- ’Pi ?"■ \»( y i'-V •*9 r L 1^ ij I iirv •'<«1 mm iMi ^74.VVj;.-V '^4P^'T ;•/■ .- tea ; .7.^'-viv^ilSi • <■ ' >.iV*.l ‘ • • ■• *. •'■.• ■•( »ji; •a<’i.'•. • • •< A.iy, K^i/ . • r • I. . ^ . Jr '7^1 <116 members - 50 'parting‘stalli) v ' •• • • ' .■.•/.**’ ‘ ®"*:!;•*.*.tw,;8eate ox tncmb.'»/,r. I ■‘■' . •‘•‘’*“(J ». •■ , 4 ’ ■ 7a>'" ' <a7> > ..•' ■ ■>. .V'■:■<■; .■.’• - Please reviw enclosed letter from -the Stat®'ri^ MarshaU. The l^uilding InspJcS^i^-S^rSSd' elghu j.mprovemen':s to be completed before Dav r«r/s’ gnter «n operate. Thlo Stll £T,iSS«a SrSSg tte bui*dxng permit and the iesoance of a certifiea^« of occupancy. The state rirt Marshall?. ® will enforce their own requirements. / J ■: ,s • • \ •• • I *' .u • • . f -'hiH I'm I • . •7‘r,y^ • . . • «?P'®vlng a conditional uie pbrnit ill « portion of the faciUt? -for the opera-ion of a day care center. ■ ^ . ^ • ( i* ■:f "i -K* Planning Commission Meeting - April 2, 1979 Planing emission recommends for approval the ' Sna??Ion2r ”■ tO| th. Sno,54 “ •'K Ir. t t 1 : •'* : •.*1ya ’• ’•it' Pinal approval from tho Stat# Wolfara C^U.n« With elSi“J S2?T^’ ? 'Marshall's report (March 9, L979). etated in Building Inspector's memo of March 19. 1979 b afternoon session. ^b. Fenced in area, as noted in site plan tki he ccmplrt,d bofor. d.y «„ center S“A J^^tlon. ,1 ■< ■i/. . '• ^ ‘V V r‘ :* ^. ■ a • ' V i 's-1 : ' 'v4 ‘ r • * •I ■ . I Council Meeting - April 24, 1979 ¥ Mayor Van Ne.st moved, Butler netenmlmyi transfer of the conditional epprove the 1 (Cortf.rvc!'") ; f k f:^mmmmmmr,mg?)cy n J ' ♦ . - ft Vi &a/of f-i^'iAn^fir- p^M F/W-'NC? lor •m-* -v^ n ■ •»lf‘.*-3»A X. \ ■. X • » , m,:Sl t. v'-iH •/ y\- v!^fe,-i i:'*/ Gl- V. . ‘■"^v \'’r,<^'''’^ 1 .k' ' \ **-•* 1 \\'\ >. '' i '■ - ; - - ‘f * "“a. ^ > si n f >! ■■•: .^-'...’T^f Vvv.; „• > > '"V' ^ L. . ------ ,f.^ «•■'•■ r ^UiK\U Wi^T -^i:: '?s-.'*f; ^r;.v. r-U^lLplMfe) h-. '• ia^ -k • ..w.tf<^‘i>53e5’‘ V* ■• ’ •X \ : \ f\ ^ / ^C^f^fT I^C'^,'- ,r/<5r * l<^ ^ ' U^i'- ^rf» '*r ■^■, V®-.'■^’‘?3 / . : /*'. V _;^ C^XvV<' • '.)^ t' «*•• * f • ♦ •%-M^ ' • » **' «4iK (::i f!^i ytkf»J J IS ^4’,a'i. 'Tv.A?\., / '.f ¥0i ’: ■ . r-i -•*■ IS \- >! CORNE new TESTAI IRSfONi M(|g]7:hur<;i mxvf,' , ,. i' . -.J-, .l^vf I Sunday worshipjl0:00 AM ’/ / I___________ . '■'i.i.. I -J r;-<r.'v rV^; W -A. - .• 5 '' "■• 'X'y * . r • S-< w v: • 'j S« ^ *ri . V -'■i-: i. ^ :.I I •■,-i' “. r V •• .r V t 'r. f 1?* vl-.-TT p !!?»■» [ • - 1 . .>t#. . • r I ■ T.> ' '•• • • ;. .v" ‘-^-* * .•••'’' •:. ■ • .' f . ' . . ^i^-^-. ■ - / •• *'■ ■ -••.•■«^ '' . ‘ -. "•'•*. ' -;•. :.y - .r- ..'•}■•" . *.•■■' . .. - V' • ..y-T- yT-:v •.-:^-vvv.v,^i.'.,'-.v\;^ .-.^iv .»• • «4 T- • • • • • • • ■.' V.- v -• • .:•• A''^ r ff■ . • .y * • .•'• . ^1%.* . ^ 2. * ' • exfn&ir h .1 MS I702i) 3/03 i.Child Care Centers General Licensing Information Miiinrsota Department orHumon Services Division of Licensing ?n n r fM ^ /" ■ • \ Why is it important to license child care? Parents who use child circ entrust their children to a care provider for many hours each day. Licensing child care helps protect the health and safety of children by requiring that providers meet minimum standards for care and physical environment. How do child core centers differ from other child care? In Minnesota, licensed child care is provided through either family child care or child care centers. Family child care is genenilly provided in the caregiver ’s home and no more than 14 children can be cared for at any one lime. A child care center, generally, is characterized by a location other than the provider’s or caregiver ’s residence, larger numbers of children being cared for, and stall qualification and training reijuircmcnts. Staff ratios ond group sizes Ihe center must meet the minimum adult/child ratios and m.iximum group size with the following age cat ­ egories: Age catq^ory Ad ill t/c hi Id ratio Infant 1/4 Max. group si/.c 8 Toddler 1/7 14 Preschooler l/IO 20 School Age ■'>5 20 - Staff qualifications A child care center must have the appropriate number of staff qualified as teachers, assistant teachers and aides based on the number of children in each age group. Teacher: A child care center teacher must be at least 18 years old and meet one of nine possible combined credential, educational and experience requirements; for example, a high school diploma with 4,160 hours experience as an assistant teacher and 24 credit hours in a child care related area of study. Assistant tcachen An assistant teacher must work under the supervision of a teacher, must be at least 18 years old, and meet one of nine possible combined credential, educational and experience requirements; for example, a liigh school diploma with 2080 hours of experience as an aide or intern and 12 quarter credits in a child care related area of study. Aide: An aide carries out the child care program ac­ tivities under the supervision of a teacher or assistant teacher. An aide must be at least 16; if tinder 18, the aide must be directly supervised by a teacher or assistant teacher at all times except when assisting with sleeping children or with toileting and diapering. Volunteers: 11 included in the adult/child ratio, volun­ teers must meet the requitements lor the assigned staff (H)sitions. rhe director, teacher or assistant teacher must supervise volunteers who have dirext contact or access to chilihen. addresses, and phone numbers, parental contact information, a list of people authorized to pick up the child, medical care infor* mation, emergency care infor ­ mation, immunization records, hours of attendance, dietary needs, individual child care program and parent conferences documentation. Focility requirements Building code: A center must com­ ply with applicable building codes. Fire code: A center must be inspect ­ ed by a fire marshal within the 12 months before initial licensure. • Program equipment and ma­ terials — books, large and small building blocks, infant mobility equipment, cognitive development material, manipulative equipment and arts and crafts supplies • Supplies — blankets and sheets, disposable changing table paper, diapers, single service towels and liquid handsoap. How to apply For a Ikense To apply for a Minnesota child care center license: Floor plan and designated areas: Indoor and outdoor space to be used for child care must be designated on the facility floor plan. Outdoor activity area: Outdoor space must be at least 1,500 square feet total and at least 75 square feet per child; be within 2000 feet of the center; be enclosed if adjacent to traffic and other hazards; be free of litter and other hazards; and have the required outdoor large muscle equipment. Indoor space: The licensed capacity is limited by the amount of indoor space. A minimum of 35 square feet is required for each child. Toilets and sinks: A child care center must h.ive one sink and one toilet for e.-ich 15 children and proper toi­ let training equipment for toddlers. Hand sinks, other than fur infants, must be in the toilet areas. Single ser­ vice towels or air dryers must be in each restroom. Fix ­ tures must be placed at age-appropriate heights. Water temperatures must not exceed 120 degrees Falirenheit. Furnishings, equipment, materials and supplies: A cliild care center must have the quantity and type of fiirnishings, equipment and materials specified for infants, toddlers, preschoolers and school-age children. Fjcamples include: • Submit a completed license ap­ plication to the Minnesota Depart­ ment of Human Services. For an application form, contact the Licensing Division at 651-296-3971 or write to 444 Lafiiyette Rd. N., St. Paul, MN 55155-3842. • Document compliance with the applic.ible build ­ ing, fire and safety codes, health rules, zoning ordi ­ nances, or document that an appropriate waiver has been given. • Provide evidence of worker s compensation insur ­ ance coverage. • Provide Social Security a.nd Minnesota business identification numbers. • Submit a noniefundable license fee (the amount will depend on the licensed capacity of the facility) to the Licensing Division. A license application is not considered complete until all of the required documentation is submitted. Wlien the department has received a completed application, a child care licensor will schedule and conduct an on-site licensing inspection to ensure the basic standards arc met. Furnishings — rugs or carpets, nonfolding chairs, cribs and changing tables For more information A complete description of child care center licensing requirements can be found in Minnesota Rules, parts 9503.0005 to 9503.0170, commonly called Rule 3, available in the reference section of your local library, or at www.revisor.leg.state.mn.u.s/.inilc/. Also, you may contact the Minnesota Department of Human Services, Licensing Division, 444 Lafayette Rd. N., St. Paul. MN 55155-3842 or call 651-296-.3971. This information is available in other forms to people with disabilities by contacting us at 651-296-3971 (voice). TDD users can call the Minnesota Relay at 711 or 1-800-627-3529. For the Spccch-to-Spccch Relay, call 1-877-627-3848. I ■ • ^ 'If* “'ll- RUN DATE : I/W0Q5 99 01 1 1723220003 PROPAODR 490 WAYZATABLVDW OWNER NAME CrTY OF WAYZATA TAXPAYER CITY OF WAYZATA NAME/ADDR 600 RICE ST WAYZATA MN 55391 38 3SII8234I00I0 PROP ADDR 38 ADDRESS UNASSIONED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER HENNEPIN FORFEITED LAND NAME'ADDR 38 3SI1823440004 PROP ADDR 850 WAYZATABLVDW OWNER NAME CONERSTONE NEW TESTAMENT CH TAXPAYER CORNERSTONE NEW TESTAMENT CH NAMPyADDR 2605 URBANDALE LN N PLYMOUTH MN 55447 99 3511823440008 PROP ADDR 500 WAYZATA BLVD W OWNER NAME CITY OF WAYZATA TAXPAYER CITY OF WAYZATA NAME/ADDR 510 WAYZATA BLVD W WAYZATA MN 55391 38 3611823330012 PROP ADDR 90 MYRTLEWOOD RD OWNER NAME KEVIN L THOMPSON TAXPAYER KEVIN L THOMPSON NAME/ADDR 90 MYRTLEWOOD RD WAYZATA MN 55391 C • HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ^ VNERS LIST « f PAGE: I . 99 021 I723I 10004 PROP ADDR 500. WAYZATA BLVD W OWNER NAME CITY OF WAYZATA TAXPAYER CITY OF WAYZATA NAME/ADDR 600 RICE ST WAYZATA MN 55391 38 3511823410020 PROP ADDR 38 ADDRESS UN/LSSIGNED OWNER NAME STATE OF MINNESO TA TAXPAYER DNR REAL ESTATE MGMT NAME/ADDR ATTN DEBBIE CURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 35II8234 a.aK>5 PROP ADDR 875 WAYZATABLVDW OWNER NAME 875 WBW l.LC TAXPAYER 875 WBW LLC NAME/ADDR 2621 NEWlON AVE S MINNEAPOUSMN 55405 38 3611823230002 PROP ADDR 38 ADDRESS UNASSIONED OWNER NAME STATE OF MINNESOTA TAXPAYER DNR REAL ESTATE MGMT NAME/ADDR ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 3611823330018 PROP ADDR 70 MYRTLEWOOD RD OWNER NAME P W PROFT & K J PROFT TAXPAYER PATRICK W & KAREN J PROFT NAME/ADDR 60 MYRTLEWOOD RD WAYZATA MN 55391 ^ 38 3511823410006 PROP ADDR 920 WaYZATA BLVD W OWNER NAME D E ANDERSON FTAL TAXPAYER DARRELL E ANDERSON NAME/ADDR 920 W WAYZATA BLVD WAYZATA MN 55391 PROP ADDR 72 3511823440002 915 WAYZATABLVDW OWNER NAME E3BOULEYETAL TAXPAYER NAME/ADDR EJBOULEY 915 W WAYZATA BLVD WAYZATA MN 55391 38 3511823440007 PROP ADDR 38 ADDRESS UNASSIONED OWNER NAME STATE OF MINN TAXPAYER DNR REAL ESTATE MGMT NAME/ADDR ATTN DEBBIE OURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 3611823330003 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME STATE OF MINN taxpayer DNR REAL ESTATE MGMT NAME/ADDR ATTN DEBBIE GURTIN 500 LAFAYETTE RD ST PAUL MN 55155 38 3611823330020 PROP ADDR 60 MYRTLEWOOD RD OWTs'ERNAME P W PROFT SR * K J PROFT TAXPAYER KAREN & PATRICK PROFT SR NAMF7ADDR 60 MYRTLEWOOD RD WAYZATA MN 55391 REQUEST FOR COUNCIL ACTION FEB 2 6 2005 Cl I i OK OHOIMO DATE: February 28, 2005 ITEM NO.: Department Approval: Name: Greg. Gappa TIfIc: Director of Public Services Administrator Reviewed:Agenda Section: Public Service’s Director’s Report Item Description: Accept Quotation i'6f Year 2005 Park Mowing Services We solicited quotations for annual park mowing services from three area firms and have received three quotations ranging from $ 16.000 to $ 19,000. fhe cost for the 2004 park mow ing was $16,000. 1'he lowest responsible quotation, of $16,000, was received from Meyer ’s Outdoor Services Delano, Minnesota, and we are recommending acceptance of this quotation. COUNCIL ACTION REQUESTED: Motion to accept quotation from Meyer ’s Outdoor Services Delano, Minne.sola for the 2005 season, park mowing scrv'iccs in the amount of $16,000. REQUEST FOR COUNCIL ACTION KB 2 8 2005 oil Y U»- OHUixO DATE: February 28, 2005 ITEM NO.: /5 Department Approval: Name Greg Gappa Tllle Director of Public Scr\ices Administrator Reviewed: Item Description: Bid Award - Slr(Jiel Mainlenance Materials Bid 2005 Agenda Section: Public Senices Directors Report The City of Orono advertised for two successive weeks for street materials, witli tfu* bid opening at 2:00 P.M. Tuesday, February 22, 2005. The enclosed tabulation contains a complete accounting of all bids. The accepted low bids for materials are determined by a\ailability and location of materials. Traveling distance to a supplier is considered a cost factor when determining a low bid. It is possible to award the low bid to more than one contractor when considering materials and equipment. In order to stimulate enthusiasm for the following year's w’ork, we make sure to divide the work accordingly among these low bidders. In the event the low bidder is not a\'ailable, the City reserves the right to purc hase from the ne.xt alternate. Staff recommends that the City Council award the bids, as indicated in bold, for the calendar year 2005. COUNCIL ACTION REQUESTED: Motion to award the year 2005 ALiterials Bids. ' P I IV if IM L; wMmm^ CITY OF ORONO 2005 BID TABULATIONS FOR STREET MATERIALS ITEM #I,#1A,#2&#3 #1 CLASS 5 GRAVEL TON PIT DEL. #IA CLASS 5 GRAVEL TON RECYCLED PIT DEL. FA-2 CLASS C (SEAL COAT) TON Pir DEL. « FA-1 (WINTER SAND) TON PIT niTi Barton Sand & Gravel Co.*7.40 *11.13 *6.39 10.12 Buffalo Bituminous *7.50 *11.25 7.50 11.25 SA-AG *7.05 * Denotes low bid r * > l)(*iiot<‘\ low bid Cl'l Y OK ORONO 2005 BID TABIfl ATIONS FOR SI RKF/I IMA I KRIAFS n KIM H4 «4 1 l/2"<l,KAN (KDSIIKI) UMFSIONK ION 1 U4 1 1/2" MINUS rKiisiii<.i> I.IMI<;STONK TON 114 .V4"n,KAN rKlLSIlKIH.IMKSrONK TON tt4 3/4" MINUS CKIISIIKO I.IMK.STONK TON ITI DKI..PIT llkl..PH OKI..PIT DEL. Bryan Rock PrmluciK *12.07 I7.6()*8.06 12.7*;* 12.07 I7(.f.*8.06 12.75 Klingbrre Trucking *14.78 *10.04 *14.88 M2.0I - 1 ri KIM W5, «5A. «6 M l•l,A^ HS V 30, 70. 250,800 <;\J,l.ON I I OKI.. A! I>I,A( KO «5/\ < 'RS- 1 ,Si 2 <;ai.i.on PKANT OKK.Ai I'l A< KO /.'t MC 250 800 (.'AM ON PKANT OKI.. A PI A( T O ItnIlaIn Hitumlnoiu *5.00 ...................................................- ■ - - r CITY OF OKONO 2005 KID rAlltll.ATIONS FOR STRKKI MAI KKIAI.S ITFM #7 & #7A HI 2W1 ly|»c3l A( riani MU HI 21^1 lypc 31 Al ‘ riant i^iv 1 M7 2.3 31 l ypc 31 A<* Plant Mil M7A 2331 *l‘vpi* 31 Mr riant Mit M7A 23.31 Tyiw .3 1 Mr Plant Mil HIX 2331 Type 31 Mr riant Mil PI, ANT DKMVKKM)Pl.ACKI)ri.ANT l)RLIVKKK.I>ri.Arrii 1 Htiflttlo RHiimlnoii^•28.75 *32.75 *36.00 <'ommcrcial A<iphnll 31 45 — 1I KM «8 & «8A MR 2.331 lyiM-ai A«'Plant Mil PI, AM WK 2'31 '1 ypr 41 AC Plant Mil i>ki,im:ui-:ii MR 2.331 Typt II Af 'Plant MU Pl.ArKI) HfiX 2331 1 ypo 41 MC* riant Mix ri.AM «H.A 2331 l ypc 41 M<’ riant Mix IIKLa\ rKKII «HA 2331 1ypr41 M( Plant Mil I’l.ACKU Hiifrulo Rhiiminfiii%*2'>.0()*.3.3.00 40 ( oninurcial Ai^pliaU 31.45 * •)(‘noU*^ low bid r r-vX*>f * * * - * ‘. > CTI'Y Ol*OHONO 2005 BID 1 ABIII AI IONS l OR STRKi: I MAI KRIAI S ITVM «8B. me, «8D mi MOI>. HNI<;iV1IX 2,ni I)|ip4I AC/ ton H.ANi in*;i„ ri.A<'i<:i> m' MOI>. UNK MIX 2.1.11 r.v|ii* 41 Mr /1 ON ri.ANT |»M,. I'l.AM-l) «RI) IMOI>. MNKMIX50-50 2.1.11 Type 41 A<7M<'/TON IM.AN'I' IM A£*Vt\ IluffHin Riliir.’,iiou!ii •2M.75 VO.40 w ^ m * m «•m V 4m ( ummmiul A%pliult 71 — 1!i;m m 1 ri.i, iiKnii iinuMiNoii.s TAVT.MT.NI KF.n.AMAI ION fflO SAl.VAOi; III I I'MINOIIS rAVKMFNT Ml .sriM.'ll XIH KX< AN A 1 ION l‘KirK/( tUtir YAKO PKK 'K/l'IHiir Y Mill I’UU F/rHitU'YAHII *2K.‘»5Itiirralo IIMiimlnoiis *4.50 *28.‘>5 - CITY OF ORONO 2005 BID TABULATIONS FOR STRKKT IVfATFRIALS > n ITEM #12 SM<M>TM INTERIOR CORRM;a TED rOl.VETIIU'MK PIPE AI L PRICES TO REDELIVKKKD 12"15”18”24”.10"36”42”48 60” 1 Johnston Farso •8.52 *11.40 •17J6 *26.94 *41.96 *52.40 *77.4.1 *90.42 *164.01 — ITEM ^I2A (Apron) ALL PRICKS IO BK DKLIVKRKI)12" APRON I.S" APRON 18” APRON 24 ” APRON 30” APRON .16" APRON 42 ” APRON 48 ” APRON 60” APRON Johnston FarKo *92.66 *108.6.1 *140.58 *210.87 *41.1.22 *772.1.1 *905.25 * 1,065.00 *1,904.22 Denotes low hid 5 r \ DATK: Fcbruar> 25,2005 ITEM NO: REQUEST FOR rOUNC ’lE ACTION HB 2 6 2005 Cl IY Oh OHONO Departmeat Approval: Nanc Ronald J. Moorse Title City Adminisiralor Adminislrator Reviewed:Agenda Section: City Adminisirator's Report Item De.scription Appraiser and At^^ney to Assist the C’ity Regarding the Mn/l)0'l' Condemnation of the Carlson Property As pari (*f ihe Highway 12 Frojccl, Mn/I)()T needed In aequire land (or righl-ol'-way vscsl of Old Crystal Hay Road and south of the HNSI- Railroad tracks. A portion of this right-of-way is owned by the City of Orono. After the City was not able to reach agreement w'ilh Mn''l)()T regarding a value for the profKTt), Mn/IK) I initialed a condemnation proc«‘ss for the purcirasc of Uic property. I he City needs to contract with an appraiser and an attorney to assist the City in the condemnation process. It i.s recommended that the City contract with Alan Harnard for legal services, and Scott Ruppert for appraisal services, 'fhe attached letter of agreement from Alan Harnard reflects an hourly rate of $350.00. The attached proposal from Scott Rupj/i*rt reflects a fee of $6,000 for phase I of the analysis, which is a preliminary appraisal, and an additional fee of $3,500 for phase II of the analysis, which involves a complete appraisal report which couKI Ik* u.sed as cviilence at a condemnation commissioner's hearing. COUNCil. ACTION REQHES I ED Motion to approve contracting with Alan Harnard for legal ser\ ices, and Scott Ruppert for appraisal serv'ices, in relation to the cotidemnalion of the Carlson pro|K*rty, and to authorize the City Admini.strator to sign agreements with both. N W.llril.Md Mini |l |UMi«ri) ^i*aLV*»frl U Nall I'ulirti jl Mum« I Kn<i|>l A IliirfiMi Jf lan.^' < Ihiai Ir* li'tfri I! |i f)u4fi^ I l’aiil'«ni I. Mrlf« I Jf ju'Jilit A Null I* ! lln M ( lifikletiMitl I jufcr|>li loiJ «ir 1* Niulr < atin I- (»uilifi ratriikll Imxillu A Sulluiii Ilaiiie) it W Nrlftoti ha»iil J /tilikr '*(r»n» H Kfti^fi i'aul J Kamimii ( Jiitmrll I 4M n Mjm I r»«i|>«!4 M H um I 4lfifiiii4 J ( imirirt I |l|•|•rl Ma'livoi H'jl'rit I* M*ii»’i r^auJ II Juiiiiv*ii I liii»lu(if«n !• J.ilti U m |>4iiirl A K«|4aii I nwM A N KrlHr• Ills 11^1 I NNilliaiUk ( tiilliia I. Ilriiail^ Mnliorl II NNaiiri IU miII Hiiau < I tldi |(r|»ni« A < lioflr# 'IStHtiakli <•4111 Nlirl/rl 1 l•ll^l«lu>l Natii * J K miIm Ii !• *VU»rl K ‘III |<>l fr |)« IK >it I 1U:ST & Fl^ANACAN LLP atkjhmys at law 2'jr* SmiIIi Sutli Strrrt. Suit#* 44M«> MifinrA|HiIis MiiiiifMfiA r»r>*M)2-4090 Irklihoni' 7121 Fa . aiii.ilr 012 339 MTJ7 ¥rw\* IfT^ilavi.f cmi deceived J 5 P005 citvoforono Writers Direct Dial No. (612)341-9715 l>Mail Address: abamard:V/.bestla\v.com I 'climarv 1 1 , 2005 Mr. Ron Moorsc City Administrator City of Oroiio V. O. !».ox 66 Cry'stai Bay, MN 55.123 RE: State of Minnesota v. Jerome* A. Borger, ct al. (City of Orono) Court File No CD 2726 Dear Mr. Moorse: lliiink you for selecting our firm to represent the City’s interests in tiie above matter, fliis letter contains our fee agreement. We will submit our .statements for scrs'ices rendered on a monthly basis. The statements primarily will be ba.sed on our then current hourly rates plus out-of-pocket exi>enses. In addition, they will be based on considerations contained in Rule 1.5 of the Minnesota Rules of Professional Conduct for I.awycrs. The Rule provides that a lawyer's fee .shall be rea.sonabIe and the factors to be considered in determining its reasonableness include Uie time and labor involved, the novelty and difilculty of the questions involved and the skill reipiisite to perform the legal ser\ ice properly. In addition, factors to lx- considered are the likelihood that acceptance of the particular employ meni will preclude other employment by the lawyer, the fee customarily charged in the locality for similar legal serx ice.s, the amount involved and the result obtained, the time limitations imposed by the client t)r the circum.stances. the nature and length of the pn»lessional relation.ship with the client and the ex|x*rience, reputation and ability of the lawyer or lawyers performing the services. Of f fH I K 1 AMuil I I ••••IlV Our l »>urly rales that apply to this matter currently vary Irotn $160.00 per lumr to per hour. We may submit certain out-of-ptx'kcl c.xpenses to the City for direct payment. We ex|H*cl payment of our statements within thirty (30) days of their submis.sit>n. H»' A |Vlri**rti S*nt I’ M'wi! Mm liar) II Pitili J» I Ii^ IWV ••4 llnlirii J Manafaii IB* t<«.t In the event that our statements are not paid within 30 days or il'the City is unable or unwilling tr> accept our leg;il ailvice. it is expressly agreed that we have the right to withdraw Inmi representing the City ;uid, rn withdrawing, we .ue under no obligation to perfonn lurthcr legal ser\ ices for tltc City. MU M'l H Mr. Ron Moorse Page 2 February 11,2005 If this agreement is satislactorj', please sign the enclosed copy on the line below indicating your agreement to all the tenns contained herein and return it as soon as possible in the enclosed envelope. We look forward to handling this mailer for the City and hope that this is the beginning of a mutually satisfactory relationship. Very truly yours. Allen D. Barnard adb\rys Enclosures ACKNOWLEDGED AND AGREED: City of Orono Ron Moorse, Cilv Administrator 006821/S8389&347502 I SCOTT J RUPPERT.MAI JD telephone 952/224/0005 FACSIMILE 952/224/0007 E MAIL Rupp«rt*pp0aol com R uppert A ppraisal & Consultation , Inc . REAL ESTATE APPRAISERS. BROKERS & CONSULTANTS ONE CORPORATE CENTER IV 7301 OHMS LANE SUITE «3SS MINNEAPOLIS. MINNESOTA 55439 Fcbruar\ 10, 2005 ^^CBivao < ms C'TV OF ORONO Ron Moorsc, City Administrator CITY OF ORONO 2750 Kdicy Parkway Orono, MN 55.156 RE: Real Estate /Xppraisal FVi>|X)saI 27 Acre Development Parcel 375 Old Cry stal lias Road Orono, MN MnDot Project S.P. 2713-75, Parcel 12 Dear Mr. Moorse: Attached please find a proposal for appraisal and consultation services related to the alnne-referenced propert). You will note that I have divided the appraisal assiunment into two phases. I have been doing condemnation appraisals for many years and find that this is the approach that makes the most sense. Phase 1 of the appraisal assignment would involve completing all oftlie required investigation and analysis to develop an opinion of damages resulting from the Minnesota Department of I ransportation (MnDot) partial acquisition and construction project. M> estimate of damages would K* provided to you and Or your altorncN verbally or in a restricted use appraisal report. Once w c ha\c a better idea ol actual damages (lair compensation) in this case, both parties ma\ be in a position to negotiate a settlement. If a seltlcment is reached, it would not be nccessaiy to go to Phase II of the appraisal assignment If a settlement cannot be reachcil. Phase II of the appraisal assignment would involve preparation of a more detailed appraisal rep<irt whicli could be submitted as evidence to the condemnation commission. Please review the pn>po.sal and call me with any questions or comments Assuming the pn>j>osal is acceptable, please return it to me at \oui earliest convenience. Once 1 have -he signed proposal, I will contact von to set up a lime when I can meet w ilh city stalTand obtain additional intomiation and documents that will Ik* ncccssarv to amiplete the appraisal assignment Thank you Idr your cunsidcration. I look forward to working wiih you on tliis case. Ki PPFRT APPRAISAL & C ONSULTATION, INC. SJR/Vki LU7J1I R uppert A ppraisal & Consultation , Inc . REJU. ESTATL APPRAISCHS. BROKERS fit COf4SULTAM TS SCOTT J RUPPERT. MAUD TELEPHONE 952/224/aoeS FACSIMILE 9S2/224/eoe7 EMAIL Ruppttfui|jp#aoi.com • NT CORPORATE CCfTTFR fV 7501 OMMSLAfJL SUITE f 35S MINNEAPOUS. MINNESOTA SS439 Felimarj' 10,20()S *<on Mt>orsc. City Administrator c:i IT’ OF OKONO 2750 Kelley Parkway Oroiu), MN 55356 Rt: Real Fstale Appraisal Pruprsal lit'/ore and After Analysis 27 ♦/- Acre DcvelopnienI Parcel 375 Old Ciy stal Hay Road Orono, MN MnDt)! Project S.P.2731-75, Parcel 12 Dear Mr. Moorsc: Pursuant to your request, this is a letter of agrcemcnt/contraci outlinint! fee requirenicnis for appraisal and c«>nsiiltation services pc'ilaining to the above- referenced pri>|K‘rty. I .S(OFF OF APPRAISAL .SF.RVK KS: I shall |HTh»ttn professional appraisal and consultation services as reipiireil and as follows: (A) m (C) Regional and loealional studies. Field review mtd atiahsis Interview City olficials repanlinp /oninp. guidinp. variajiecs. poienlial land use and development errsts. deveUtpmetil tiniinp, real e.slate taxes, ’.•vied and {K'tulinj.^ assessments, etc. Review the City properly file. 375 Old Cr^'.stal Bay Road, Orono, IMN February 10,2005 Page 2 of 4 I. SC OPE OF APPRAISAE SERVICES (CONTINUED^ (D)Review all inConnalion provided by the Minnesota Department (*f Transportati»>n (MnDot) includinp their real estate appraisal, construction plans, acquisition map. etc. (K)Review all information that may be provided by the client (City) or client's attorney .such as preliminary development plan(s). site survey, aerial photograph, wetland delineation, real estate appraisal, etc. (K)Determine the highest and best use of the subject property botli before and after the MnDot partial acquisition and construction project. The City stalTwill be expected to provide assistance in developing before and after de\ elopment phms. (G)Search for comparable sales (raw acreage land sales and retail lot sales) as necessary. (11)Estimate the market vahie of the subject property based on its highest and best use, both before and after the MnDot partial acquisiuoti and construction project. Estimate damages to the subject property resulting from the MnDot partial acquisition and constiuction project. (J) (K) Preparation of an cxliibits and fonnulation of data. Preparation of an appraisal report (if necessary ). II TYPE OF ANALYSIS AM) REPORT: llie Uniform Standards of Professional Appraisal Practice (USPAP) distinguish between complete appraisals and limited appraisals. I hese two types of appraisal assignments are dilTerentiated on the basis of whether or m»t the appraiser invokes the departure provision of the Unifonn Standards. Complete apprai,sals are performed without invoking the departure provision of the Unihinn Standards; limited appraisals are estimates of value perfonned under the dcp irture provision. This proposal assumes a limited appraisal analysis for Phase I of the assignment, and a complete appraisal analysis for I’hase II of the appraisal assignntcnt (if necessary). 375 Old Crystal Bay Road, Orono, IVfN February 10,2005 Page 3 of 4 II. TYPE OF ANAr^VSiS AND REPORT (CONTINI KD): Appraisal reports may be presented in three written fonnats; self-contained reports, summary reports, and restricted reports. An oral report can also be provided. A self- contained appraisal report fully describes the data and analysis used in the assignment. All appropriate information is contained within the report and not referenced to the appraiser’s files. A summary appraisal report summarizes the data and analysis used in '’le assignment. A restricted appraisal report simply stales the conclusions of the -ppraisal. for this analysis, an oral or restricted appraisal report w ill be prepared as part of Phase I of the assignment, and a summary or se'l-contained appraisal report w ill be prepared as part of Phase II of this assignment (if neces.sary). All real estate appraisal and consultation services shall be performed in conformance with tiie Code of Ethics of the Appraisal Institute and in compliance with the I niform Standards of Professional Appraisal Practice (USP.AP). The sct)pc of the appraisal does not include tiie commissioning of any en\ ironmental studies to determine the presence of hazardous wastes or materials either in the .structure or within soil or g'ound water. 111. FEE FOR PROFESSIONAL REAL ESTATE APPRAISAL SERVK’ES; Because of the nature of the work required, this appraisal assignment will be divided into phases. Phase I of the analysis will involve a limited appraisal analysis estimating the market value of the subject property. The market value can be reported to the client (City) or client’s attorney either verbally or in a restricted use appraisal fomiat. The fee for Phase I of this assignment is $6,000. A 50% retainer or $3,000 is requir.d prior to commencement of work. Note - the client should be reimbursed by MnDot up to $1,500 for appraisal serv ices. Phase II ol the appraisal assignment will involve a complete appraisal analysis and preparation of cither a summary or self-contained appraisal report which could be utilized as evidence at a commissioner’s hearing or trail. Pha-se 11 of the appraisal assignment w ould only be necessary if a settlement could not be reached, and it was necessary to prepare a more detailed appraisal report which could be submitted as evidence at a commissioner’s hearing or trial. The additional fee for Phase II of the appraisal assignment is $.'^.500. r • m 375 Crystal Bay Road, Orono, MN February 10,2005 Page 4 of 4 IV. CONSULTATION. DEPOSITIONS. MEETINGS. PREPARATION AND TESTIMONY: Charges over and above those outlined previousl}’ including meetings, pre-trial preparation, depositions, testimony, etc. These ser\ ices would apply only to Phase II of the appraisal assignment (if necessary) and would be billed on an hourly basis at $250.hour. V. OUT-OF-POCKET EXPENDITURES At cost, including additional copies of tlic report and such items as blueprint reduction, zoning book.'; and ordinances, etc. Out-of-pocket e.xpenditurcs will not e.xceed $50 as part of Phase I of the analysis. VI. PAYMENTS TO THE APPRAISER: Tlic client (City) will compensate us within thirty (30) uays after statements are submiited or agree to a 1.5% per month carrying charge on the unpaid balance. If collection is necessary, the client hereby agrees to pay all costs of collection, including reasonable attorney's fees. The client herebj consents to having all disputes resolved regarding fee collection within the County of Henne-.in, State of Minnesota. If you have any questions, please do not hesitate to contact me. Agreed to By:Accepted By RUPPERT APPRAI.SAL & CONSULTATION, INC. Bv: Ron Moorsc. Citv Administrator PATH: 2^////o<r DATE SJR^ki Llr7lll APPRAISAL ((UAUFICATIONS Of/SCOTT J. RUPPERT, MAI, JO I mofissiOML mmmmHWs 4 ucmsia Certified General Real Property Appraiser, License MOOOBSI G Member International Right of Way Association 6 C D E F MAI Member - Appraisal institute Attorney at Law. License #0225769 Real Estate Broker. License #0090909 Member Minnesota State Bar Association Member HCBA Eminent Domain Committee H Elected Director of the Metro/Mmnesota Chapter of the Appraisal Institute with a 2004 - 2007 term I Miscellaneous Memberships •Multiple Listing Service (Company) -Appraisal Data Network. Inc (Company) •Minneapolis Area Association of Realtors (Company) •Marshall Valuation Service (Company) nCMEMi mUAflON J D (Juris Doctor) Law Degree. William Mitchell College of Law B S B (Bachelor of Science in Business) Degree with an Accounting Major, University of Minnesota Srtcmj/ED iDUATKW Responsible for presenting a number of seminars such as The Land Development Cost Approach To Vatue presented for the Hennepin County Bar Association Eminent Oomain Committee, and Real Properly Valuation and Appraisals presented for the Minnesota State Bar Association Continuing Legal Education Continuing education/attendance at seminars in real estate, sponsored by the Appraisal Institute, Minnesota Institute of Legal Education. Hennepin County Bar Assoaation. International Right of Way Association and others A APPRAISAL INSTITUTE Demonstration Appraisal Report Workshop Standards of Professional Practice (Part A & B) Real Fstnte Appraisal Prmaples Basic Valuation Procedures Residential Valuation Capitalization Theory and Techniques. (Part A & B) Case Studies in Real Estate Valuation Report writing and valuation analysis Narrative Report Writing Semir>ar Business Valuation (Part 1 A 2) B MINNESOTA SCHOOL OF REAL ESTATE Course I. II ? 11ll Residentia' Appraisal Workshop Income Property Appraising Numerous C>thc' Courses MARSHALL AND SWIFT. INC. Building Cost Seminar ARGUS AND PROgECT COMPUTER/SOFTWARE Discounted cash flow analyses PtSfIBCTCOtilf COMMiSaONMIAMP tS8 Appomteu by Hennepin County Distn<i Court Judges as a condemnation commissioner in eminent domain actions. Qualified and testified as an expert witness Ln Hennepin. Ramsey. Dakota. Washington & Anoka counties MM tSf AH AmUtML tJtff independent fee appraiser since 1984 Vice President of Ruppert & Ruppert Assoaates. Inr from 1984 - 2(X)3 Currently. President of Ruppert Appraisal & Consultation. Inr A APPRAISAL EXPERIENCE A SERVICES Market value appraisals for 1) Land (residential, commeraal. industrial and development). 2) Commercial properties (restaurants, convenience food stores service stations, office buildings retail outlets, shopping centers and automobile dealerships) 3) Industrial propertieb (office/warehouse, mini warehouse manufacturing and distribution centers) 4) Special purpose properties (schools, churches and athletic dubs). 5) Outdoor advertising structures, sites and plants 6) Residential properties (single family to muilipte dwellings). 7) Appraisal reviews. 8) Environmental and geotechnical analysis. 9) Highest and best use analysis, 10) impact studies (communication towers and power iines) B APPRAiSALS FOR Acquisition and Development Appraisal Review Arbitration Asset Valuation Easement Valuation Eminent OomaiaCondemnation Employee Relocation Estate Planning Fmancial Statement Highest and Best Use Studies Impact Studies Lessor/Lessee Interest Allocation Litigation (Expert Testmony) Marnage/Partnership Dissolution Mortgage Finariang Tax issues Page I of 2 J SCOTT J, RIJPPtBT, MAI > JD. conliluied nwouoMimif Ackerberg Group Amen-Bank Arcon Developrrie \i, I'lC BaKHigan & P A Best & hranagan, lLP City of BrookhCi;nler City of Broo* >%• Hack C'ty uf EoMa City of ralcon Heights Crty of Golden Valley City of Long Lake City of Mendota Heights City of Richfield Crty of St Louis Park City of St Paul City of Victoria Diamond , Liszt & Brady, P A Dorsey & Whitney. LLP Faegre ft Benson Federal National Mortgage Association Feldmann Enterprises Felhaber, Larson Fenlon ft Vogt First Bank Systems. F6S Fredrikson ft Byron. PA Holiday Companies Internal Revenue Service James Development Company Kennedy ft Graven Chartered Krass. Monroe. P A Key Mortgage Corporation La^in. Hoffman. Daly ft Lmdgren, LTD VII IWGB PtWnWIItti AFWtftWtP Al Ba!<ei s Restaurant Allstate U'loK Sto> jge Buildings Amoco .itations Bitty Graham (BGEA) Properties Bodine s OfficeANarehouse Faatity Bkximdaia Shopping Center CrambiUa F^etail Properties Breck Ice Arena Commeraai Parking Lots Cotiage Grove Shopping Plaza Crossroad Apartments C ovm Roller MiH Denny s Restaurant Decathlon Athletic Club Despato. Im: Manufactunng Dv*«*i Warehouse/Distribution Center ti- Prairie Cemetery Hk River Resource Recovery Facility f elrtmann Imports Auto Dealership F'‘jr^!»)inhead Apartrrents (. if^pers Restaurznt/Bar Gf Valley Shopping Conter Grouna hound f\r-:taurar( MarieV Da /idsjn MoiCicycle Dealerships rJoalth Partners Office Compkn Holiday Convenience Stores Jennings Red Coach inn Junior Achievement Office Building Kennel Aire Retail Facility K-mart Center Laurel Estate Apartments Mann 1 heatre/Stimson Building Metro OffKe Park Meyers Dairy Outlet Metropolitan Office Building Minikahda Mintstorage VI Minneapolis River Terminal Minnetonka Country Club Naegeie Outdoor (Advertisif^ Piant) Leonard. Street ft Demard. P A Mack all, Crounse ft Moore MalKerson. Gilliland. Martin. LLP Mark Warren Homes. Ir>c Messerli ft Kramer Metropolitan Airports Commission (MAC) Minneapolis Community Development Agency (MCDA) Minnesota Department of Transportation (MnL‘ot) Minnesota Mining ft Manufacturing (3M) Minnegasco. Inc Minnesota State Colleges ft Universities (MNSCU; Monycor Federal Savings Bark Moss ft Barnett. P m Opus Norttmest. LLC PDO Food Stores of Minnesota Inc Pillsbury Company Popham. Haik. Schnobnch ft Kaufman Ltd Premier Mof1'*age Corporation Prudential Insurance Co^^ipany Real Estate Serv>w8S Inc Robins Kaplan Milled ft Ciresi Rosen ft Ros4.*n LLC Scott County Highway Department Sheri-jme County Speak The Word Church Sprint PCS Swanson Homes TCF Bank Universal Outdoor Co Ventres Law Firm Westwin' Homes, Inc (Eagan)Nativity of Mary Church (Bloomington) (Burnsville)Nativity of Mary Elementary School (Bloomington) (Metro Area)New Brighton View Apartrrient (New Brighton) (Minneapolis)Nicollet Arcade Parcel (Minneapolis) (St Louis Park)Northwest Business Campus Office Building (Plymouth) (Bloomington)Northome Shopping Center (Falcon Heights) (Shakopee)Otter Lake RV Cente'(Lino Lakes) (Golden Valle/)Peterson Seed Distribution Center (Shakopee) (P^tro Area)PDQ Convenience Store (Crystal) (Cottage Grove)Physicians and SurgcK>ns Building (M»nneapolis) (Gokien Valley)Pizza Hut Restaurant (Falcon Heights) (Minneapolis)Plymouth Auto Plaza Mmi Mart (Plymouth) (Brooklyn Center)Prudential Office Campus (Plymouth! (Bloomington)Q Prime Amphitticatre Parcel (Sujtt County) (lakevillei Rialto Theater (Minneapolis) (Eagam Rich Acres and New ^ord Town City Parks (Richfield) iEden Prairie)Richfield Mitsubishi Auto Dealership (Richfield) (Lik Rrver)Rudy Luther Toyota Auto Dealership (Golden Valley) (Bloomington)St Stephens Elementary S<^0(#l (Minreapotis) (Richfield)Scandmavian Lifestyle Retail Outlet (Bloor iington) (St Louis Park)Shakopee Chevrolet Auto Dealership (Shakopee) (Golden Valley)Sinclair Stations (Metro Area) (Metro Area)Slade Apartments (Minneapolis) (Metro Area)South ktotro Motorsports (Burnsville) (Bloomington)Speaatty (Office/Mmistorage) Buiidmg (St Paul) (Metro Area)Super America Station tBIoominglon) (St Louis Park)The Commons Shopping Mail (Brooklyn Park) (Edma)Time Square Shopping Center (Apple Valley) (St Louis Parki Total Gas Station (Brooklyn Center) (St Paul)Triple Clean Car Wash/Laundromat (Burnsville) (Golden Valley)U S Swim ft F itress Buuding (Fridley) (Minneapolts)VFW Post #1296 (Bloom mgton) (Bloomington)Valley Green Business Park (Shakopee; (Wayzata)VOA Alternative Scliool (Minneapolis) (St Paul;Walser Buick/BMW Auto Dealerships (Richfield) (Minnetonka)Walser Dodge Automobile Cieaiership (Bloomington) (MinneapcIiS)Whi(e/GMC Truck Center (Shakopee) (Minnetonka)Woodbridge Office Building (M netonka) (Metropolitan Mpis)Ziegler, Inc Fleadquarters (Shakopee) i ■I u I ^ circi v:24 (M Page 2 of: i Check Pay Number Employee Name Period 004081 MOORSE, RONALD J 4 004082 SILUS. BARBARA G 4 004083 VEE. LINDAS 4 0040f4 KIIEHN. THOMAS M 4 004085 OLSON. RONALD J 4 004086 PETTIT. SANDRA K 4 004087 ANDERSON. BRUCE L. 4 004088 BOBZIcN. SUEA 4 004089 BORIS. SCOTT W 4 004090 BUDIG. STACIE M 4 004091 CORNICK. JAMES L 4 004092 DAY. SUSAN J 4 004093 DEMBOUSKI. JAY C. 4 004094 FISCHER. CHRISTOPHER K. 4 004095 GOOD. STEPHANY R 4 004096 MCNICHOLS. DAVID L 4 004097 RUSSETH. KYLE M 4 004098 SCHOENHOFF. JOHN B 4 004099 STENSRUC. CHAD R, 4 004100 TOEWE. KiMBERLY D. 4 004101 TOMCHCCK. LAWRENCE F. 4 004102 TOMC2YK. MARK W 4 0C4103 WHITE. ANTHONY J 4 004104 WITTKE. ANTHONY A 4 004105 KLISZCZ, DAVID A 4 004106 PHARO CHRISTOPHER M. 4 004107 CURTIS. MELANIE 4 004108 GAFFRON MICHAEL P 4 004109 GAPPA. GREGORY A 4 004110 GUNDLACH. JANICE J. 4 004111 MEYER WILLIAM C 4 004112 OMAN. LYLE E 4 004113 DEBAERE. DONALD L 4 0C41I4 HANSEN. STEVEN 4 004115 OBERAIGNER. SCOTT G. 4 004116 O. R'EN. RANDY L 4 0.4117 PAlMER. GREGORY A 4 004118 RATHBUN. BARRY J 4 054851 DODGE RACHEL M 4 054852 LESKINEN. DENISE M 4 054853 BOBZIEN. SUE A 4 C^854 BORIS. SCOTT W 4 054855 ERICKSON. KURT R 4 054856 FARNIOK. CORREYL 4 054857 FISCHENICH. DAN T. 4 054858 MADSON ADRIENNE M 4 054859 MCNICHOLS. DAVID L 4 054860 MOROWCZfNSKI. JAMES 4 054861 PERSELL. WILLIAM R 4 054862 TOMCHECK. LAWRENCE f 4 054863 GAFFRON. MICHAEL P. 4 054864 OMAN. LYLE E 4 054865 VANG. BRUCE L 4 054866 GREGORY. JAMES 0. 4 054867 HANSEN STEVEN 4 054868 OBRIEN. RANDY L 4 054869 PALMER. GREGORY A 4 054870 RATHBUN. BARRY J 4 054871 SKREEN. DALE S 4 CITY OF ORONO check register 02/18/05 8 53 AM Page 1 rnMh»/^ii #..«r:trTirgG TEB 2 e 2005 CITY OF ORONG Check Check Amount Dale Check Status $2,328 86 2/16/2005 Outstanding $545 08 2/16/2005 Outstanding $1.110 73 2/16/2005 Outstanding $1,409 48 2/16^005 Outstanding $1,231.43 Z'162005 Outstanding $1,096 29 2/16/2005 Outstanding $1,645 72 2/16/2005 OuUtanding $830 00 2/16/2005 Outstanding $20 00 2/16/2005 Outstanding $957.18 2/16/2005 Outstanding $1,553.07 2/16/2005 Outstanding $1,209.19 2/16/2005 Outstanding $1.515 62 2/16/2005 Outstanding $1.55112 2/16/2005 Outstanding $2,026 52 2/16/2005 Outstanding $1,100.00 2/16/2005 Outstanding $1.646 06 2/16/2005 Outstanding $1,629.62 2/16/2005 Outstanding $1.233 61 2/16/2005 Outstanding $1,210.75 2/16/2005 Outstanding $900.00 2/16/2005 Outstanding $1.469 30 2/162005 Outstanding $1.304 84 2/162005 Outstanding $1,458.73 2/162005 Outstanding $301.49 2/162005 Outstanding $886 40 2/16/2005 Outstanding $1,183.35 2/162005 Outstanding $125.00 2/162005 Outstanding $1,794.50 2/162005 Outstanding $1,302 87 ZT6/2005 Outstanding $1.111 12 2/162005 Outstanding $1.400 00 2/16'2005 Outstanding $1.233 42 2/162005 Outstanding $875 00 2/162005 Outstanding $1.616 96 2/162005 Outstanding $550 00 2/16/2005 Outstanding $400 00 2/16'2005 Outstanding $200 00 2/162005 Outstanding $1.090 19 2/162005 Outstanding $939 30 2/162005 Outstanding $133 81 2/162005 Outstanding $1.539 01 2T62005 Outstanding $1.649 45 2/162005 Outstanding $1.680 15 2/162005 Outstanding $1.616 48 2/164.305 Outstanding $734 19 2'162005 Outstanding $738 83 2/162005 Outstanding $1,884 94 2/162005 Outstanding $263 56 2/16/2005 Outstanding $480 86 2/162005 Outstanding $1.441 27 2/162005 Outstanding $357 08 2/16/2005 Outstanding $1.385 38 2/162005 Outstanding $1.307 79 Z162005 Outstanding $361 23 Z162005 Outstanding $554 26 Z162005 Outstanding $751.46 Z162005 Outstanding $1,268 59 2/16/2005 Outstanding $1,132 59 ZT62005 Outstanding 9* CITY OF ORONO 02^1 a'05. 8 fi:- At/ Pa^ 2 check register Ch^ck Numbtf Employto Nam« Pay Pariod Check Amount Check Date Check Status 054872 STEFFENHAGEN. RONALD $1.409 53 $66.683 26 2/16/2005 OutsLinding i CITY OF ORONO *Check Detail Register© 0^/16/Q5 10 46 AM Page 1 FEBRUARY 2005 Check Amt Invoice Comment 10100 Primary Cash Paid ChK« 080296 2/16/2005 FIRST NATIONAL BANK OF LAKES G 101*21701 G 101-21703 G 101-21703 Total Federal Withholding FICA Tax Withholding FICA Tax Withholding FIRST NATIONAL BANK OF LAKES $9,707.99 $4,735 19 $4,735.19 $19.17837 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE Paid Chk« 080297 2/16/2005 ICMA RETIREMENT TRUST - 457 G 101-21705 Olher Relirement Total ICMA RETIREMENT TRUST-457 $1,038 62 $1038 62 DEFERRED COMP-302030 Paid Chk« 080298 2/16/2005 LAW ENFORCMENT LABOR SERVICE G 101*21707 Union Dues Total LAW ENFORCMENT LABOR SERVICE $581 26 $58126 UNION DUES 440 &«168 Paid Chk# 080299 2/16/2005 MN DEPT OF REVENUE G 101-21702 State Withholding Total MN DEPT OF REVENUE JM.156 49 $4.156 49 STATE TAX W/H Paid Chk# 080300 2/16/2005 MN STATE RETIREMENT SYSTEM G 101*21718 Total Post Employment Health MN STATE RETIREMENT SYSTEM $309 08 $309 08 post retirement Paid Chk# 080301 2/16/2005 NATIONWIDE RETIREMENT SOLUTION G 101*21705 Other Retirement G 101*21705 Other Retirement Tout NATIONWIDE RETIREMENT SOLUTION $2 022 00 $0 00 $2022 00 USCM * ENTITY 2339 OBRA #2343 Paid Chk# 080302 2/16/2005 ORCHARD TRUST CO. TRUSTEE/CUST G 101*21705 Other Retirement $3,002 68 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRUSTEE/CUST $3 002 68 Paid Chk« 080303 2/16/2005 PUBLIC EMPLOYEES RETIREMENT G 101*21704 PERA $7,251 65 G 101*21704 PERA $5 612 69 ToUl PUBLIC EMPLOYEES RETIREMENT $12 864 34 PERA CITY SHARE PERA EMPLOYEE W/H Paid Chk« 080304 2/16/2005 UNITED WAY G 101*21708 United Way ToUl UNITED WAY $86 00 $86 00 CHARITY DONATIONS Fund Summary 101 GENERAL FUND 10100 Primary Cash $43 238 84 10100 Primary Cash $43,238 84 $43,238 84 CITY OF ORONO 02/14/05 7 02 AM P«9® 1 check register ClMCll Pay Chacit Check Numbor Employe Namt Padod Amoynt Data Check Statue 054845 PETERSON. BARBARA 2 S32322 2/14/2005 Ouletanding 054846 MCMILLAN. ELIZABETH T 2 $26936 2/14/2005 Outstanding 054847 MOORSE. RONALD J 2 $369 40 2/14/2005 Outstanding 054848 SANSEVERE, ROBERTK 2 $269 36 2/14/2005 Outstanding 054849 MURPHY. JAMES L 2 $269 36 2/14/2CC5 Outstanding 054850 WHITE. JAMES M 2 $269 36 $1.770 06 2/14/2005 Outstanding r CITY OF ORONO 02/2S/05 148 PM Page 1 *Check Detail Register® FEBRUARY 200S Check Amt Invoice ComiitenI 10100 Primary Cash pMKJChK8 080202 2/14/?00!> RATHBUN. BARRY E 002 49450-437 I rummy & Dcvciopmcnl E 602 49450 437 Tiaininy & Devutuprnent foul RATHBUN. BARRY $90 54 1/31/05 ($90 54) 1/31/05 $0 00 MiIcuye/ParKiny Smi School void/checK PuNlChke 080203 2/14/2005 PICKS SUPERVALUE E 613 49900093 Concessions l ot Kesuie Ixbl E 613 49900 093 Concessions Tor Resale-Txbl Total RICKS SUPERVALUE $67 32 1/21/05 $34 43 1/2G/05 $101 75 Concessions For Resalo Concessions Fof Resafo PuidChl*ii 080264 2/14/2005 8A-AO INC. E 101 43000 224 SIreel Muinl Mulonuls/Supply E 101 43000-224 Street Main! Matcnais/Supply Total SA ACINC. $3 318 73 41215 $1.766 70 41244 $5.08543 Sand Sand PaidChka 080265 2/14/2005 SHC PAOINO £ 101 42110-321 Telephone Total SBC PAGING $79 64 9202610 $79 64 Police Payers 2/2003 PnidCim# 080266 2/14/2005 SCMOENMOFF, JOHN L 101 42110 433 Memberships & Subscriptions Total SCHOENHOFF. JOHN $30 00 1/17/05 $30 00 Hiyti Tech Crimes - Dues Paid ChF« 080267 2/14/2005 SECURINT - ACCOUNT 6742 E 101 42110 319 Oihri Professional Seivices Total SECURINT - ACCOUNT 5742 $8 00 20050131 $8 00 Ciedit Reprts • 2/005 Paid CltFJ 080260 2/14/2005 SIRCHIE FINGER PRINT LABS E 101 42110 221 Equlpmen! Parts 8 Accessories $368 93 :M>6695 Fmgeiprinl/I vidtmee Supplies Total SIRCHIE FINOLK PRINT LABS $368 93 Paid cTiki 05b209 ^ 2/14/2605' 'SOUTH METRO SAFETY TRAINT n C E 101 42110 43/ Tr.lining A tVvr'Iopment Total SOUTH Ml THO SAI ETY TRAINING $850 00 1/2//05 $850 00 Supervision TomchecK PaidCliKH 0802/0 2/14/2005 SPEEDWAY SUPERAMERICA LLC I 101 43000 212 Motor I nets ^ 1 ubnrants Total SPLFDWAY SUPl MAMtRICA IIC $66 00 0930943030 $(>6 00 t^ieself uel «424 Paid Chli» 0802/1 2/14/2005 ST. PAUL. CITY OF I lot 42110 43/ Tfainir>g 8 Devf'lopmnnt Total ST PAUL, CITY OF $125 00 M( Nichols $125 00 Background Investigations PaidChK« 0802/2 2/14/2005 STAR TRIBUNE t rmi4<M(M1352 Printing 8 Publishing I ii<)2 4<M5() 352 Printing 8 Piililishmg total STAN TRIBUNE $305 8/ 12/5/(H¥) $.105 8/ 12/5/(X)6 $f'i11 74 Adv For I mp PW Adv t or T mp PW Clik* 080?n JIWJOQ’j STAR TRIBUNE • SERVICE t ItM 42110 43 1 Memtierstiips 8 Subsrriplions I 602 4*14W) 4^^ MemlTetships 8 Subsi riptions I (lOI 49400 433 Meml>eiships 8 Stibscnpbons Total STAR TRIBUNE SERVICE $11180 1(Vt9427 $55 90 3(M)9532 $55 90 3009532 $223 60 Subscription Newspajief SubscrifMion NewspafMff Subsetiplion PaidChka 0m)2/4 2/14V(H)^ STAR WEST i 101 4 UHH) 222 Veh« Ip I gutpment 8 Parts $79 62 119342 Switcti CITY OF ORONO Check Detail Registertg) 0J/25A)5 1M0 PM ’’306 2 FEBRUARY 2005 Check Amt Invoice Comment Total STAR WEST $79 6? Paid ChkH 080276 2/14/2006 STEFFENHAGEN. RON r 613-49830 226 Clothing & personal equipment r 613-49830 223 Bldg/Grounds Mamt Supplies Total STEFFENHAGEN. RON $79 00 1/13/06 lib 19 2/7/06 $116 19 Safely Boots Mats PaidChk# 080276 2/14/2006 STREICHERS G 426 20200 Accounts Payable Total STREICHERS $976 90 12336/1 $976 90 Buikj Up F 350 Navarre PaidChk# 080277 2/14/2006 SUN NEWSPAPERS E 602-49450-340 General Advertising E 601 -49400 340 General Advertising Tout SUN NEWSPAPERS $272 00 761404 $272 00 761404 $644 00 Adv for Emp - PW Adv for Emp . PW PaidChk# 080278 2/14/2006 TALtEN AND BAERTSCHI E 101*41600 306 Legal Prosecution Tout TALLEN AND BAERTSCHI $233 27 1/2006 $23327 Prosecutions 1/2005 Paid Chk# 080279 2/14/2006 TASER INTERNATIONAL E 101-42110 437 Training & Development Total TASER INTERNATIONAL $225 00 4100537G $22500 Training - Cornick PaidChk# 080280 2/14/2006 TKDA G 601-20200 Accounts Payable Tout TKDA $223 73 200600398 $223 73 Leak Location • 3020 Casco 2/14/2006 TWIN CITY OARAGE DOOR CO.PaidChk# 080281 L 101 42110 404 Re pair s/Maint Bldgs/Grounds Tout TWIN CITY GARAGE DCOR CO. $92 60 231831 $92 66 Garage Ooor Openers 2/14/2006 TWIN CITY S1RIPINOPaidChk# 080782 G 101 20700 Accounts Payable ToUl TWIN CITY STRIPING $1.50000 3057 $1,600 00 Striping • Watertown Road Paid enk# 080783 7/I4/7006 us BANK NA - WIRE ONLY E 31M/000 011 Bend Interest $29 /16 63 16035450 Debt Due 2/1/06 E 31M/000 601 l.)ebt Srv Bond Pnnupal $110.000 00 15035450 Debt Due 2/1/05 E 312 4 7000 611 Bond Interest $30,609 80 26167401 HRA Debl Due 2/1/06 E 31247000 601 Debl Srv Bond Principal $340,000 00 26167401 HRA Debt Due 2/1/06 G 312 1010? Cash w/trustee ($1.816 20) 2616/401 HRA Trust Acet Cash E 312 4/000 611 Bend Interest $1 816 20 7616/401 HRA Debt Due 2/1/06 E 313 4/000 611 Bend Interest $73 006 26 76676000 Ejebt Due 2/1/06 E 313 4/000 601 Debt Srv Bond Principal $/0 000 00 26676000 Debt Due 2/1/05 E 314-4/000 611 BerxJ Interest $19,543 7o 33386060 Debt Due 2/1/05 E 314 47000 601 Debl Srv Bond Principal $60,000 00 33385060 Debt Due 2/1/06 E 316 4 /000 611 Bend Interest $34.347 86 33629400 HRA Debt Due 2/1/06 G 316 10102 Cash w/trustee ($b2»J65)HRA Trust Acet Cash E 316 4/000 611 Bend Interest $629 66 3J679400 HRA Debt LTue 2/1/06 E 316 4/000 601 Del)! Srv Bond Princii)al $180 000 00 33639400 Debl Due 2/1/06 E 316 4/000 611 Bend Interest $6,622 60 33539400 Debt Due 2/1/06 A Tout US BANK NA - WIRE ONLY $892,746 78 Peid Chk# 080784 7/14/7006 VEE. UN L 101 41410 331 Iravelt xr^enses E 101 41600 331 Travel Expenses $2010 2/8/65 $25 52 2/8/05 Mileage Mileage CITY OF ORONO *Check Detail Register® 02/25/05 1:48 PM Page 3 FEBRUARY 2005 Check Amt Invoice Comment E 101-41900-201 Office supplies ToUl VEE.LIN $43 00 2/8/05 $88 62 Rotary Renewal * Paid Chk« 080285 2/14/2005 VERIZON DIRECTORIES E 613-49830-340 General Advertising Total VERIZON DIRECTORIES $18 20 390009645313 Directory $1820 Paid Chk# 080286 2/14/2005 VERIZON WIRELESS E 101-41900-321 Telephone ToUl VERIZON WIRELESS $92 82 3566317423 $92 82 Cell Phones ^ id Chk« 060287 2/14/2005 VOGT HEATING A AIR E 101-41900-404 Repairs/Maint-Btdgs/Ground^ ToUl VOGT HEATING A AIR $412 00 25425 $412 00 Repairs • Furnace #8 Paid Chk# 080288 2/14/2005 WESTSIDF EQUIPMENT E 101-43000-221 Equipment Parts A Accessories Tout WESTSIDE EQUIPMENT $1345 27381 $13 45 Nozzle Paid Chk# 080269 2/14/2005 WESTWOOD PROFESSIONAL SERVICES G 101-20200 counts Payable $1.125 00 411285 Demuth - Reforestation Plan ToUl WESTWOL D PROFESSIONAL SERVICES $1,125 00 Paid Chk# 080290 2/14/2005 WILLIAMS TOWING G 231-20200 Accounts Payable ToUl WILLIAMSTOWING $141_65 73780 $141.65 Tow - 2002 D Ram Paid Chk# 080291 2/14/2005 WRIGHT HENNEPIN ELECTRIC E 101-43000-381 Gas A Electric E 602-49450-381 Gas A Electric $30 96 3113009200 $37 43 3113009200 Electrical Service Electrical Service ToUl WRIGHT HENNEPIN ELECTRIC $68 39 ik« 080292 2/14/2005 XCEL ENERGY E 101-43000-381Gas A Electric $320 65 E 601*49400-381Gas A Electric $3,203 92 E 101-42110-381Gas A Electric $543 85 E 101-42110-381Gas A Electric $942 E 101-45200-381Gas A Electric $22 84 E 602-49450-381Gas A Electric $1518 28 E 101-43000-386Street Lighting $1,330 80 E 613-49830-381Gas A Electric $182 28 E 101-41900-381Gas A Electric $1,380 17 E 101-42260-381Gas A Electric $411 30 ToUl XCEL ENERGY $8.92351 118059677701 Electrical Service 118059677701 Electrical Service 118059677701 Electrical Service 118059677701 Electhcal Service 118059677701 Electrical Service 118059677701 Electrical Service 118059677701 Electrical Service 118059677701 Electrical Sen/ice 118059677701 Electrical Service 118154914702 Electricity Paid Chk# 080293 2/14/2005 YELLOW BOOK USA G 613*20200 Accounts Payable ToUl YELLOW BOOK USA $85 17 303866 $85 17 Directory Advertising Paid Chk# 060294 2/14/2005 YOUNG. JACKIE G 101*20200 Accounts Payable E 101-41300-319 Other Professional Services E 101-42400-319 Other Professional Services ToUl YOUNG. JACKIE $205 00 1^5/04 $17000 1/25/05 $350 00 1/25/05 $72500 CC Minutes -12/13/04 CC Minutes 1/10 PC Minutes 1/18 Paid Chk# 080295 2/14/2005 ZEP MANUFACTURING CO. E 10M3000-224 Street Maint MateriaIs/Supply $11698 57116448 Hand Cleaners CITY OF ORONO *Check Detail Register® 02/25/05 1*48 PM Page 4 FEBRUARY 2005 Check Amt Invoice Comment ToUl ZEP MANUFACTURING CO.$116 98 Paid Chk« 060296 2/16/2005 FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Withholding $9.707 99 G 101-21703 FICA Tax Withholding $4,735 19 G 101-21703 FICA Tax Withholding $4,735 19 ToUl FIRST NATIONAL BANK OF LAKES $19.178 37 FEDERAL W/H FICA 8 MEDCR CITY SHARE FICA & MEDICARE W/H Paid Chk« 080297 2/16/2005 ICMA RETIREMENT TRUST - 457 G 101*21705 Other Retirement $1.038 62 ToUl ICMA RETIREMENT TRUST • 457 $1.038 62 DEFERRED COMP-302030 Paid Chk» 060298 2/16/2005 LAW ENFORCMENT LABOR SERVICE G 101 21707 Union Dues ToUl LAW ENFORCMENT LABOR SERVICE Paid Chk« 080299 2/16/2005 MN DEPT OF REVENUE G 101-21702 State Withholding ToUl MN DEPT OF REVENUE $581 26 $581 26 $4 156 49 $4.156 49 UNION DUES #40 &« 168 STATE TAX W/H PaidChk# 060300 2/16/2005 G 101-21718 Post Employment Health ToUl MN STATE RETIREMENT SYSTEM MN STATE RETIREMENT SYSTEM $309 08 $309 08 post retirement Paid Chk# 080301 2/16/2005 NATIONWIDE RETIREMENT SOLUTION G 101-21705 Ocher Retirement $0 00 G 101 21705 Other Retirement $2 022 00 Tout NATIONWIDE RETIREMENT SOLUTION $2 022 00 Paid^hiS 68030y '27l’6>2(k)5 ** ORCtURD f RUSf ’ca TRUSTEE/CUST G 101-21705 Other Retirement $3 002 68 ToUl ORCHARD TRUST CO TRUSTEE/CUST $3 002 68 OBRA #2343 USCM. ENTITY 2339 MN STATE RETIREMENT Paid Chk# 060303 2/16/2005 PUBLIC EMPLOYEES RETIREMENT G 101 21704 PERA $5 612 69 G 101 21704 PERA $7 251 65 Total PUBLIC EMPLOYEES RETIREMENT $12,864 34 PERA EMPLOYEE W/H PERA CITY SHARE Paid Chk# 080304 2/16/2005 UNITED WAY G 101 21708 United Way Total UNITED WAY $86 00 $86 00 CHARITY DONATIONS Paid Chk# 080305 2/17/2005 RATHBUN. BARRY E, 602 49450-437 Training & Development ToUl RATHBUN. BARRY $90 54 1/31/05 $90 54 Mileage/Parking Swr School Paid Chk# 080324 2/28/2005 ACCLAIM BENEFITS E 101-41900 489 Other Miscellaneous Charges L 10M1900 489 Other Miscellaneous Charges ToUl ACCLAIM BENEFITS $85 63 348430 $600 00 348431 $685 63 COBRA Admin - 1/2005 FSA Admin • 1/2005 Paid Chk# 080325 2/28/2005 ADVANCED IMAGING SOLUTIONS E 101-41900 201 Oflice supplies $32 38 19569A L 101-41900-413 Office Equipment Rental ToUl ADVANCED IMAGING SOLUTIONS $834 78 34222695 $867 16 Staple Cartridge Copier Lease • 2/15*3/15/05 Paid Chk# 060326 Z/26/2005 AMERICAN ENGINEERING TEST. INC CITY OF ORONO 02/25/05 l ^a PM Page 5 *Check Detail Register© FEBRUARY 2005 Check Amt Invoice Comment E 101-43280-304 Engineering-Consutling E 402-48039-304 Engineermg-ConsuNing ToUl AMERICAN ENGINEERING TEST. INC SS09 75 28108 $888 40 29120 $1 398 15 STONEBAY DVPMNT Lee Carslon Trail/MSA Proj Paid Chki 080327 2/28/2005 E 101-43000-437 Training & DevelopmenI ToUl AMERICAN PUBLIC WORKS ASSOC AMERICAN PUBLIC WORKS ASSOC $152 50 021005 $152 50 MEMBERSHIP/GG Paid Chk« 080328 2/28/2005 BAYSlOE FLORAL E 101-41900-489 Other Miscellaneous Charges Total BAYSIDE FLORAL $63 90 1/31/05 $6390 Flowers - Johnson G 601-20200 Accounts Payable $3,540 00 109369 Orono VA & ERP May 2004 G 601-20200 Accounts Payable $810 00 111133 Orono VA & ERP May 2004 G 601-20200 Accounts Payable $1.990 00 112254 Orono VA & ERP May 2004 G 101-20200 Accounts Payable $193 50 115963 2665 Mapleridge Ln plat 04-306 G 602-20200 Accounts Payable $544 50 115963 MCES loan I/I Certification G 101-20200 Accounts Payable $30 29 115963 Direct Proj Exp Dec G 101-20200 Accounts Payable $50 00 115963 Council Mtgs Dec G 101-20200 Accounts Payable $129 00 r3963 1220 Tonkawa Rd plat 04-3060 G 101-20200 Accounts Payable $213 18 115963 Wildman Plat 03-2961 G 101-20200 Accounts Payable $276 04 115963 4475 Forest Lk Landing 04-3054 G 101-20200 Accounts Payable $396 02 115963 1625 Bohns Pt Rd G 101-20200 Accounts Payable $462 00 115963 Flood Ins Rate Map Prep GtS G 101-20200 Accounts Payable $2,242 11 115963 Stonebay 02-2789 Signal Rev G 101-20200 Accounts Payable $2,255 22 115963 Creekside Subd G 402-20200 Accounts Payable $331 50 115964 Lee Carlson Baitfield Trail G 406-20200 Accounts Payable $541 50 115965 Ferndaie Rd Bridge Replace 12/ G 402-20200 Accounts Payable $561 00 1i5966 Fox St Bridge Replace 12/04 G 601-20200 Accounts Payable $3 460 00 115967 Orono VA 4 ERP May 2004 G 651-20200 Accounts Payable $307 50 115968 Birch Lane Storm Swr G 651-20200 Accounts Payable $3.02937 115969 Casco Cove Storm Swr G 602-20200 Accounts Payable $29807 115970 Garden Lane San Swr Ext G 101-20200 Accounts Payable $25391 115971 Annual Bndge lnspeclK3n Total BONESTROO ROSENE & ASSOC.$21.914 71 PaidChK# 080330 2/28/2005 BORIS. SCOTT E 101-42110-437 Training & Development $21 19 2/15/05 Meal • Emerg Mgmt Tmg ToUl BORIS, SCOTT $21 19 PaidChk# 080331 2/28/2005 BUDGET PRINTING G 101-20200 Accounts Payable $8 46 19 Shipping Charges E 101-42110-322 Postage $8 37 2/18A)5 Shipping • Cnme Lab G 101-20200 Accounts Payable $3 04 318 Color Copies E 101-42110-322 Postage $8 37 3186 Shipping - BCA Tout BUDGET PRINTtNG $28 24 PaxlChk* 080332 2/2> 2005 CARGILL SALT E 601-49400-216 Chemicals and Chem Products $2 066 86 1252161 Solar Salt Tout CARGILL SALT $2,066 86 Paid Chk« 080333 2/2^005 CHUNKS LAKESHORE AUTO E 101-42110-402 Repairs/Maint-Auto Equip $341 49 26486 Brakes • #202 E 101-42110-402 Repairs/Mamt-Auto Equip $529 13 26494 Oil Brakes Trans Fid #200 E 101-42110-402 Repairs/Maint-Auto Equip $175 78 26498 Oil. Trans Fid #196 CITY OF ORONO 02/25/05148 PW Page 6 *Check Detail Register® FEBRUARY 2005 Checli Amt Invoice Comment E 101-42110-402 Repairs/M(».ni-Autc Equip $15302 26506 Thermostat # 188 E 101-42110-402 Repair v'Vaint-Auto Equip $381 72 26508 Hose #196 E 101-42110-402 Repairs/I laint-Auto Equip $335 68 26513 Oil. Themostat. Lube #201 E 101-42110-402 Repairs/Miint-Auto Equip $172 68 26524 Battery #194 E 101-42110-402 Repairs/Maint-Muic Equip $69 80 26548 Wiper Blades #200 E 101-421 1C-402 Repairs/Maint Auto Equip $14 40 26550 Wig Wag #201 E 101-42110-402 Repairs/Maint-Auto Equip $1 583 57 26552 Oil, Ball Joints. Hose #197 E 101-42110-402 Repairs/Maint-Auto Equip $326 14 26558 Coil #185 E 231-45650-402 Repairs/Maint-Aulo Equip $868 25 26562 Oil, Wtr Pmp, Trans Fid #202 E 101-42110-402 Repairs/Maint-Auto Equip $20 85 26567 Wiper Blades - 195 E 101-42110-402 Repairs/Maint-Auto Equip $37 53 26576 Jump #197 E 101-42110-402 Repairs/Maint-Auto Equip $708 43 26581 Oil. Ball Joint #198 E 101-42110-402 Repair./Maint'Auto Equip Total CHUNKS LAKESHORE AUTO $31 08 $5,749 55 26589 Siren Repair #185 Paid Chk» 080334 2/28/2005 COUNTRY CAKE CUPBOARD E 101-41410-439 Meetf g Expenses $17 40 122 Total COUNTRY CAKE CUPBOARD $17 40 Food • Work Session Paid Chk# 080335 2/28/2005 COVERALL OF THE TWIN CITIES G 101-20200 Accounts Payable $1.139 55 91414 G 101-20200 Accounts Payable E 101-42260-407 Janitorial Services Tout COVERALL OF THE TWIN CITIES $1.504 85 91414 $186 38 93221 $2,830 78 JanKoria! 12/2004 Janitorial 12/2004 Janitorial - 2/2005 - Nav Fire Paid Chk# 080336 2/28/2005 CULLIGAN E 613-49830-403 Repairs/Maint-Misc Equip Tout CULLIGAN $29 00 101-09083676- Softener Service - GC $29 00 Paid Chktf 080337 2/28/2005 DAHLGREN SHARDLOW A UBAN E 101-43290-800 Special Protects Contingency $5,458 27 Total DAHLGREN SHARDLOW A UBAN $5,458 27 25643 Rural Oasis Paid Chk# 080338 2/28/2005 DAY. SUSAN E 101-42110-437 Training & Development Tout DAY. SUSAN $20 01 $20 01 020105 MEALS/TR_A!N!NG Paid Chk# 080339 2/28/2005 DBSP. INC E 651-49910-441 Licenses A Taxes Total DBSP. INC $1.000 00 $1.000 00 MT-001 ASlST • Annual Maint Paid Chk# 080340 2/28/2005 DCA • WIRE ONLY G 101-21719 DCA/Spending Accounts ToUl OCA-WIRE ONLY $1,221 24 $1.22124 2/17/05 Flex Spending - 2/17/05 Paid Chk# 080341 2/28/2005 DELTA DENTAL G 101-15998 Non-Employee Health Ins G 101-21709 Dental Insurance Tout DELTA DENTAL $56 70 $1,553 20 $1.609 90 37220072 37220072 Dental ins - 3/2005 Dental Ins - 3/2005 Paid Chk# 080342 2/28/2005 DEPT OF ADM • INTERTECH GROUP E 602-49450 321 Telephone E 601-49400-321 Telephone E 101-41900 321 Telephone E 101-42110 321 Telephone Total DEPT OF ADM • INTERTECH GROUP $53 19 $17 73 $53 61 $53 37 $177 90 W05010586 W05010586 W05010586 W05010586 Phone Service Phone Service Phone Service Phone Service L' CITY OF ORONO 02/25/05 1 48 PM Page 7 *Check Detail Register® FEBRUARY 200S Check Amt Invoice Comment Paid Chk« 080343 2/28/2005 DULU fH. CITY OF E 101-42110-437 Training & Development E 101-42110-437 Training 8 Development Total DULUTH. CITY OF $500 00 Dembouski $500 00 Russeth $1.000 00 Police TraKiing Officer Police Training Officer Paid Chk# 080344 2/28/2005 EMFIELD. GREGG A MARY JO R 101-34420 Cond Use-Variance-Dev Fees $581 00 04-3045 Total EMFIELD. GREGG A MARY JO $581 00 Refund - Variance Applic Paid Chk« 080345 2/28/2005 ERICKSON. KURT E 101-42110-437 Training A Development Tout ERICKSON. KURT $65 36 021105 $65 36 LOGIS TRNn-UNCH-F/3 Paid Chk« 080346 2/28/2005 FARNIOK. CORREY E 101-42110-240 Small Tools and Minor Equip ToUl FARNIOK. CORREY $394 04 021005 $394 04 REIMB/32'TV Paid Chki 080347 2/28/2005 FORTIS BENEFITS G 101-21713 LTD Insurance Total FORTIS BENEFITS $877 04 4019825-1 $877 04 LTD 3/2005 Paid Chk« 080348 2/28/2005 FRANKLiN COVEY E 101-41900 201 Office supplies ToUl FRANKLIN COVEY $2363 52286599 $2363 cut away pages Paid Chk# 080349 2/28/2005 G A K SERVICES E 101-42110-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bidgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total GAKSERVICES $154 40 1006381413 $57 65 1006381414 W5 18 1006381416 $27723 Mat Service - PD Mat Service • Adm Mat Service • CC Paid Chki 080350 2/28/2005 GERRING'S CAR WASH E 101-42110-403 Repairs/Maint-Misc Equip ToUl GERRING'S CAR WASH $8 00 2/8/05 $8 00 Car Wash Paid Chk# 080351 2/28/2005 HENN CO CHIEFS OF POL. ASSOC. E 101-42110-433 Memberships A Subscnptions $100 00 Enckson E 101-42110-433 Memberships A Subscnptions $100 00 Good ToUl HENN CO CHIEFS OF POL. ASSOC. $200 00 2005 Membership • Enckson 2005 Membership - Good Paid Chk# 080352 2/28/2005 HENN COUNTY TREAURER / E 602-49450 352 Printing A Publishing E 602-49450-352 Printing A Publishing Tout HENN COUNTY TREAURER / $28 75 012605 $53 75 0126.?005 $82 50 LABELS/MASA EXPANSN LABELS/MASA EXPNSION Paid Chki 080353 2/28/2005 HENNEPIN COUNTY SHERIFF E 101-41600 309 Jail Charges ToUl HENNEPIN COUNTY SHERIFF $332 97 471 $332 97 Jail Charges 1/^005 Paid Chki 080354 2/28/2005 HENNEPIN COUNTY TR-TAX PYR SRV E 415-48930-489 Other MtsceUaneous Charges $371 37 2/11/05 2004 TIF Adm Costs Tout HENNEPIN COUNTY TR-TAX PYR SRV $371 37 Paid Chki 080355 2/28/2005 HENNEPIN COUNTY TREASURER-ACCT E 101-41900-201 Office supplies $10000 Dodge Notary Registration - Dodge ToUl HENNEPIN COUNTY TREASURER-ACCT $100 00 .. A CITY OF ORONO 02/25«)5 1 48 PM Pag«B *Check Detail Register® FEBRUARY 2005 Chech Amt Invoice Comment PaidChk# 0803&6 2/28/2005 HINCKLEY CHEVROLET E 101*42110*550 Automotive Equipment E 101*42110*550 Automotive Equipment Tout HINCKLEY CHEVROLET $16.563 05 M5024 $18.563 05 M5025 $37,126 10 2005 Impata • Sqd 203 2005 Impala • Sqd 204 PaidChki 060357 G 101*20200 G 101*20200 G 101*20200 G 101*20200 G 101-20200 G 101-20200 G 101*20200 2/28/2005 HINSHAW A CULBERTSON Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable ToUl HINSHAW A CULBERTSON $132 50 $280 00 $508 27 $605 76 $104 00 $36 00 $1.300 00 $2,966 53 10450890 10450890 10450890 10450891 10450891 10450891 10450892 Lazmarz Creekside Bower - 1925 Lakeview Terr Applications - 12/2004 Pogonis Boat Dock 2740 Shadywd Neison/Carlson Vacated Oak PI Police Officer Matter Council Mtg 12/2004 PaidChk# 080358 2/28/2005 INFRATECH E 602*49450*443 Repairs/Maint lAI Reduction Total INFRATECH $412 50 501052 $412 50 Grout Manhole Paid Chk# 080359 2/28/2005 INFL ASSN OF CHIEFS OF POLICE 8 101*42110*433 Memberships A Subscnptions $100 00 Good ToUl INTL ASSN OF CHIEFS OF POLICE $100 00 2005 Membership • Good Paid Chk# 080360 2/28/2005 LOOIS E 101*42110*310 LOGIS Applications Total LOGIS $1 452 00 24879 $1.452 00 Back-Up Computer Facility Paid Chk# 080361 2/28/2005 LONG LAKE, CITY OF E 101*42260*212 Motor Fuels & Lubricants E 101*42260*221 Equipment Parts A Accessories Tout LONG LAKE. CITY OF $38 50 20050010 $153 54 20050010 $192 04 Fuel * Nav Fire Kitchen Supplies * Nav Fire PaidChk# 080362 2/28/2005 MEDICA G 101*21706 Hospitalization/Medical Ins G 101*15998 Non-Employee Health Ins E 101*43000*135 City Benefit Contribution G 101*21706 HospHatization/Medical Ins G 101*15998 Non-Employee Health Ins G 101*21706 Hospitalization/Medical Ins G 101 -21706 Hospitalization/Medical Ins Total MEDICA $9,261 37 $1.175 12 $374 75 $1.760 70 $731 11 $11 335 32 $731 11 $25,369 48 105060102552 Medica High * 3/2005 105060102552 Medica High * 3/2005 105060102552 Medica High * 3/2005 105060122585 Medica Low - 3/2005 105060125486 Medica Elect - 3/2005 1C5060125468 Medica Elect • 3/2005 105060134225 Medica Essentials * 3/2005 Paid Chk# 080363 2/28/2005 MEMA TREASURER E 101-42110*433 Memberships A Subscriptions ToUl MEMA TREASURER $75 00 2005 $75 00 2005 MEMA Membership PaidChk# 080364 2/28/2005 E 602-49450 383 MWCC-Current Charges ToUl MET COUNCIL ENVIRONMENTAL SVCS MET COUNCIL ENVIRONMENTAL SVCS $25,338 15 789800 $25 338 15 wastewater charge 3/05 Paid Chk# 080365 2/28/2005 MINNEHAHA CREEK WATERSHED DIST $8 46 2/1/05 $8 46 t 402-48037-489 Other Miscellaneous Charges ToUl MINNEHAHA CREEK WATERSHED DIST Maiiin Costs * Bridge Replacem Paid Chk# 080366 2/28/2005 MN CHIEF OF POLICE ASSN E 101-42110433 Memberships A Subscriptions $15000 Good 20" 5 Membership - Good CITY OF ORONO 02/25/05 1 40 PM Page 9 *Check Detail Register© FEBRUARY 2005 Check Amt Invoice Comment Total MN CHIEF OF POLICE ASSN $150 00 Paid Chki 060367 2/28/2005 MN CHIEFS OF POLICE (ETI) E 101*42110-437 Training & Development $330 00 Erickson E 101-42110-437 Training & Development $75 00 Farniok E 101-42110-437 Training & Development $270 00 Good Tout MN CHIEFS OF POLICE (ETI) $675 00 2005 ETI - Erickson 2005 ETI - Farniok 2005 ETI - Good Paid Chk« 080368 2/28/2005 MN DEPT OF REVENUE G 601-20806 Due to Govts-State Sales Tax R 101-34210 General Taxable Sales/Service Tout MN DEPT OF REVENUE $346 00 1/2005 $5 00 1/2005 $351 00 Sales Tax 1/2005 Sales Tax 1/2005 Paid Chk« 080369 2/28/2005 MN GOLF ASSOCIATION INC. E 613-49630-433 Memberships & Subscnptions $90 00 6080 ToUl MN GOLF ASSOCIATION INC. $90 00 2005 Membership Paid Chk« 080370 2/28/2005 MUNICIPAL CODE CORPORATION E 101-41900-319 Other Professional Services $3 889 30 67578 E 101-41900-319 Other Professional Services $633 69 67705 Total MUNICIPAL CODE CORPORATION $4 523 07 Electronic Update • Code Supplement Pages • Code PaidChk# 060371 2/28/2005 E 101-42110-437 Training $ Development ToUl NATIONAL SAFETY COMPLIANCE NAllONAL SAFETY COMPLIANCE $499 00 31100 $499 00 Bloodborne Pathogens CD Paid Chk« 080372 2/28/2005 NAVARRE HARDWARE E 101*42260*223 Bidg/Grounds Maint Supplies E 101-42260 223 Bldg/Grounds Maint Supplies E 101-42260-223 Bldg/Grounds Maint Supplies E 101-42260-223 Bldg/Grounds Maint Supplies E 101-42260 223 Bldg/Gruunds Main! .jpplies E 101-42260-223 Bldg/Grounds Main! Supplies E 101-42260*223 Bldg/Grounds Maint Supplies ToUl NAVARRE HARDWARE $59 59 $8 50 $38 85 $63 89 $140 51 $2873 $13 49 $353 56 147034 147438 147551 147555 147566 147646 147650 Ice Melt Spreader • Nav Fire Cleaning Supplies • Nav Fire Cleaning Supplies - Nav Fire Fan * Nav Fire Cleaning Supplies • Nav Fire Cleaning Supplies • Nav Fire DnII Bits - Nav Fire Paid Chk« 080373 2/28/2005 NEXTEL COMMUNICATIONS E 60149400-321 Telephone E 10141900*321 Telephone E 60249450-321 Telephone 61349630-321 Telephone )142110 321 Telephone ToUl NEXTEL COMMUNICATIONS $32 10 $303 87 $96 30 $48 41 $952 33 $1 43301 326100427-01 326180427-01 326180427-01 326180427-01 506573311-03 Cell Phones Cell Phones Cell Phones Cell Phones Cell Phones Paid Chk« 060374 2/28/2005 E 10142110-437 Training $ Development Tout NORTH MEMORIAL HEALTH CARE NORTH MEMORIAL HEALTH CARE $50 00 2653 $50 00 1st Responder Refresner Paid Chk« 080375 2/28/2005 O'SULLIVANS • HOLIDAY 546 E 10142110402 Repairs/Maint-Auto Equip ToUl O'SULLIVANS - HOLIDAY 546 $5 86 013105 $5 86 CAR WASH Paid Chk» 080376 2/28/2005 O'SULLIVANS HOLIDAY 547 r 10142110402 Repairs/Maint Auto Equip $221 47 013105 Tout O'SULLIVANS HOLIDAY 547 $221 47 CAR WASH FOR JAN05 Paid Chki 080377 2/28/2005 OFFICE DEPOT L J CITY OF ORONO *Check Detail Register® 02/25A)5 1:4d PM Page 11 FEBRUARY 2005 Check Amt Invoice Comment Total VALLEY-RICH CO $3,366 49 Paid Chk« 080389 2/28/2005 VESSCO INC. E 601-49400-227 Utility System Maint Supplies $60 92 Tout VESSCO INC.$60 92 Paid Chk» 080390 2/28/2005 WESTSIDE WHOLESALE TIRE E 101-43000-402 Repairs/Maint-Auto Equip $30 52 1 Total WESTSIDE WHOLESALE TIRE $30 52 Paid Chk# 080391 2/28/2005 WHITE, TONY E 10142110-437 Tramir)g & Development $40.00 1 Tout WHITE. TONY $40.00 Paid Chk« 080392 2/28/2005 WRIGHT HENNEPIN ELECTRIC E 602-49450-381 Gas & Electric $39 60 : E 101-43000-381 Gas & Electric $3132 : E 101-43000-381 Gas & Electric __$21.24 ! Total WRIGHT HENNEPIN ELECTRIC $92 16 Paid Chk# 080393 2/28/2005 XCEL ENERGY E 61349830-381 Gas A Electric $195.79 E 10142110-381 Gas & Electric $942 E 10145200-381 Gas & Electric $2284 E 10143000-381 Gas & Electric $31127 E 10142110-381 Gas & Electnc $57486 E 10143000-386 Street Lighting $1.31660 E 60149400-381 Gas & Electric $3,130.75 E 10141900-381 Gas & Electric $1,394 53 E 60249450-381 Gas & Electric $1.534 95 Total XCEL ENERGY $8.49101 Flounde Pump - #3 Well MOUNT tif:£&bauvnce TRAINING/CALIBRE PRESS Elecir'ical Service Electrical Service Electrical Service 118059677704 Electrical Service 118059677704 Electrical Service 118059677704 Electrical Service 118059677704 Electrical Service 118059677704 electrical Service 118059677704 Electrical Service 118059677704 Electrical Service 118059677704 Electrical Service 118059677704 Electrical Service Paid Chk« 080394 2/28/7005 YELLOW BOOK USA G 613-20200 Accounts Payable Tout YELLOW BOOK USA $889 64 303866 $889 64 Directory Adv • GC 10100 Primary Cash $1,128.414 13 r CITY OF ORONO 0M5rt» 1:48 PM P*8«12 *Check Detail Register® FEBRUARY 2Q0S Check Amt Invoice Comment Fund Summary 101 GENERAL FUND 231 DRUG/FELONY FORFEITURE FUND ?11 1997 IMPROVEMENT BOND 312 1998 HRA REFUNDING BOND FUND 313 1999 IMPROVEMENT BOND 314 2000 IMPROVEMENT BOND 315 2003 PUB FAC REV BOND 316 2003 SEWER REFUNDING BOND FD 402 MUNICIPAL ST AID ST CONSTRUCT 406 PERMANENT IMPROVEMENT REVOLVE 415 2001 SENIOR HSG TIF CONST FUND 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $170.850 65 $1,009 90 $139.715 63 $370.609 80 $93.00625 $69.543 75 $34.347 85 $185.522 50 $1.789 36 $541 50 $371 37 $97690 $23.134 31 $30.767 06 $1.890 43 $4.336 87 $1,128,414.13 i **^*^** • FEB 2 8 2005 OiUUfpH©NO INFORMATION ITEMS COUNCIL MEETING OF COl'K*''" “CCTIMG FEB 2 8 2005 CITY Of ORONO \ % % ■’/I ) Minnehaha Creek Watershed District The Miiweliaha Creek Watershed Distriet is ummitted to a leadenhip role in piotci tin^, inipivvin^» and managing the siii faec waters and ajjiliated j*rvtindwater resources within the District, including their relationships to the eiosystems of which they aiean iiitegialpart, through regulation capital projects, education, cooperative endeavors, and other programs based on sound sciencCt mnorative thinking, an informed and engaged conslitueney, and the cost effeitive use of public funds. Improving Quality of Water, Quality of Life Established in 1967 0? February 3, 2005 Re: Minor Plan Amendment for Land Conservation Program Dear Interested Party: OlTy ?nos Of\lQ Enclosed, please find a draft proposed minor plan amendment to the .Minnehaha Creek Watershed District Water Resources Management Plan. Through this plan amendment. The District will, in consultation with affected cities and other public and private partners, develop a land conservation program that provides conservation options for owners of high priority conservation lands. MCWD will hold ihe comment period open until April 4. 2005. We are currently anticipating holding a public hearing the week of March 14, 2005. If you have questions or comments on the proposed amendment, we encourage you to submit them prior to March i4, 2005. However, the record will remain open until April 4. 2005. We will be publishing advance notice of the public hearing as required. However, if you would like to be personally notified when the date. time, and location are set. kindly let me know. Please let me know if you have any questions or concerns. Michael Pressman Land Conservation Specialist Enclosure 18202 MlnnjtonJia Boulevard. Deepruven MinnwoU 55391 • Phone 652-471-0590 • Fa* 952-471 0682 • «*ww mirnefahacfeHi otg p Minnehaha Creek Watershed District Land Conservation Program Minor Plan Amendment To he added at the end of VI.A . I A land conservation program will complement other District nonstructurul solutions and wdl locus on working with landowners and local government to deliver an integrated set of land conservation and habitat restoration options in high priority conservation areas. Tt> he added as a new .section - VIII. Dvsfrintion of Pronrain; (liven the vital natural resources of the District and the rapid rate of development, it is prudent and necessary for the District to work cooperatively with private landowners, municipalities, the counties, and other agencies and orgam/alions to ensure that we protect our water, wetlands, and w ildiilc as our communittes grow. Through partnerships, creativity, and leverage, the District will help conserve and restore critical natural resources m a co.st-effective manner. The intent of the District IS not to sto|) devclo|)ment. but rather to .seek adihtional ways to protect our most signilicant natural resources as our area develops. Doing so we intend to; 1. protect and improve water quality, 2. ensure that our wateiboilies and riparian areas effectively provide *’ilal ecological services such as natural flood retention and sediment and nutrient liliermg, and .1. piolect anil restore natural habitat for the plants and animals that reside m the District. I he Disiiict will, m consultation with affected cities and other public and private pailners, develop a land con.sci vation program that provides conservation options for owners of high piiority conservation lands. The program will fiKus in large pail on the u.se of conservation easements and assisting landowners and affected cities in c.xplonng the wide variety ot conservation options that aie available. The program may also include, to a lesser extent ,ind oltcn by lacilitating pailncrships, the fee acquisition of very high pnority natural resource lands. 'The program will also focus on encouraging natural re.source based land management options and ecological restoration, where appropriate Other tools may include conservation development planning, technical assistance to area municipalities on issues such as ordinance developii ’ent and conservation planning, and education and outreach. The program will leverage luiuling by taking advantage of numerous cost-share, partnership, and lax incentive opinntumties The piogiam will coordinate with and add value toother Di.strict effoits such as the Painters Crcck/Jenmngs Uay Water Quality Improvement Project and the Riparian Butlers Program Di.ill Mmm Pl.in .Xmcnilmciii Linkages to Existing Plan; The land conservation program furthers several of the goals and objectives of the existing Water Resources Management Plan. In particular, this program will directly link to and further the following existing plan items: • IV.C. 1 1 (Goals and Policies - wetlands) • As noted on p. 108 o:' the Plan, “the Wetlands Conservation Act (WCA) does not fully provide for the effective management of wetlands...." Wetland conservation and restoration will be a major emphasis of the land conservation program. By utilizing a wide array of tools, we will complement existing rules, projects, and programs by delivering and marketing an integrated set of conservation options for landowners. VI..A. (Implementation Program - Plan Contents) - item 1 - non-siructural solutions - The land conservation program provides a strategic, cost-effective, compliment to the nonstruclural solutions noted on p. 124 of the Plan. Among those cited in the existing plan are “protection of natural wetlands and floodplains." CIP Links - (note Painter Creek and Six Mile Creek are two of the major focus areas for this additional program) - The land conservation program would further four specifle Capital Improvement Projects identified in the Plan. Each of these existing CIP elements contain a land acquisition/casement budget item. The land conservation program will deliver the results anticipated in those expenditures. It will also expand on these projects to provide greater land conservation throughout several high priority areas of the Upper Watershed. Specific CIP links include: a. Painters Creek Project (p. 1 52) - land conservation around these two project sites will improve the long-term function and decrease the long ­ term maintenance of these structures by helping to limit sedimentation associated with increased future development in the area. b. Painter Creek (Jennings Bay) Water Quality Improvement Project (p. 1 54) - (note - this project was the subject of a recent, about to be approved, minor plan amendment] - reductions of external loading to Jennings Bay will be complemented by implementing recommendations of the Painter Creek Feasibility Study that focused on land conservation. Proactive, strategic land conservation in the area will help reduce nutrient loading and sedimentation associated with increased future development in the area. c. Regional Wetland Restoration (p.l59) - This project is focused on restoring wetland functions and values. The land conservation program will significantly compliment this effort by securing conservation easements that protect wetlands and areas of direct impact, .securing nghts to undertake wetland restoration, and facilitating wetland restoration options and technical and financial resources for landowners. d. Six Mile Creek/Halsted Bay Water Qualit) Improvement Project - Six Mile Creek and Halsted Bay are key focus areas for the land conservation program. The program will facilitate implementation of this project through landowner outreach and by negotiating and securing necessary a Diaft Mini r Plan Amendment nghts to perform the project. It will also compliment the project by improving the long-term function and decreasing the long-term maintenance of these structures by helping to limit sedimentation and nutrient runoff associated with increased future development in the area l*roi»ram Need; Stale, Disinct, and nuinicipal water resource and wetland regulations help protect our natural resources. I he District’s regulatory program also provides a cost-effective way to create modest conservaiioti buffers around wetlands and water bodies as properties are developed. However, the combined effect of these and other regulations do not adequately pr«)tcct District natural resources from the impacts of significant development. The District’s Painters Creek Peasibility Study (February, 2004) emphasizes the need for “better use of such natural drainage features as wetlands, floodplains, and green corridors” in watershed management approaches. It goes on to point out that "the cost of a natural trealmeni approach versus many of the structural alternatives available is far less. (p.23).’’ I his conclusion was based on research and analysis by FOR. Inc. which included, in part, analysis of data and reports the Ceiiler lor Water.shed Protection. Low liii|)act Development C'enter. and the D.S Lnvironmenlal Protection Agency. Based tin this research, FOR lound that high i|uahty storm water deiention costs .$15-80,000 per acre-foot plus approximately $20,000 - $50,000 for an outlet structure. Wetland and floodplain reclamatitm, on the other hand, is estimated at $11,000- $20,000 per acre. Using this analysis, the final recommended implementation approach in the Painters Creek Feasibility .Study was substantially less expensive when compared to the previous slruclnial studies on the creek. The recommended approach combines the u.se of restored wetland treatment and best management practices with m-lake treatment, improving storm water nianagenient coordination with communities, and targeted land con.servation to control internal loading in Jennings Bay. Around the country, local decision makers are recognizing that natural resources provide economically valuable services. In Califoitiia. floods during the winter of 1W7 have prompted the rethinking of floodplain management, to shift from dike and dam to wetland buffer. Flood conlrol man.igers aie recognizing that protecting wetlands and buffer zones, by slow ing mnoff and holding water for recharge, ilirectly reduces the potential for fhmding. (Pnilecting The Source. Richard M. Stapleton. I'he I rust for Public Land. 19‘t7). The loiestiy organization American f orests estimates that trees in the naiion's metropolitan areas contribute $400 billion in stormwater retention alone -by elimin.iting the need for expensive stormwater retention facilities. (Miller, as cited by The Trust For Public Laiul in The Iwonomic Benefits of Ojien Space). A 2(M)2 study of 27 waier suppliers by The Tru.st for Public Land and the American Water Works Assi'ciation found ihat “approximately 50 to 55 percent of the variation in (ilnnking water] treatment costs can be explained by the percent of fore.st cover in the souice area For every lO percent increase in forest cover in the source area, treatment and chemical costs </<■( rrast’d approximaleh 20 percent.. ..[emphasis in the original]. (Land ('onservaiion ,ind the Future of Amenca’s Dnnking Water. Protecting the Source, I'he Trust for Public Land and The .-Xmencan Water Wiufs Association. 2001) I 'H Di.iti Minor I’lan Amendment 3 Similar guidance is found in The Metropolitan Surface Water Act, which specifies in Minnesota Statutes Section 103B.2U1 that: “The purposes of the water management programs required by sections 103B.205 to 103B.255 arc to: 1. protect, preserve, and use natural surface and groundwater storage and retention systems; 2. minimize public capital expenditures deeded to correct flooding and water quality problems; 3. identify and plan for means to effectively protect and improve surface and groundwater quality; 4. establish more uniform local policies and official controls for surface and groundwater management; 5. prevent erosion of soil into surface water systems; 6. promote groundwater recharge; 7. protect and enhance fish and wildlife habitat and water recreational facilities; and 8. secure the other benefits associated with the proper management of surface and groundwater." This Water Resources Management Plan recognizes the emphasis on prevention over structural .solutions implied in the Statute. In particular, our Implementation Priorities (Section VIII of this Plan) list our Capital Improvement Program as a critical, albeit, lowest priority element to achieve the Plan's goals. The District's Wetlands Value and Methodology Study (February 2002) identified wetland protection and restoration as key elements to preserving and improving water quality. The Minnehaha Creek Watershed District plans to utilize land conservation tools as an important complement to existing regulatory options. The educational and technical assistance arm of the land conservation program will be used broadly. However, an emphasis of the educational and technical assistance work will be combined with District land conservation financial resources to focus on large, contiguous conservation areas with high natural resource protection/restoration benefits. Many District Cities arc developing Natural Resource Inventories and Open Space Plans that highlight the role of green corridors in protecting wetlands, water quality, and wildlife. These plans are in keeping with the Metropolitan Council’s 2030 Regional Development Framework (January 2004) which highlights natural resource protection as one of the four policies the Council w ill pursue to guide the achievement of regional goals. The Council's Policy Discussion notes that “natural areas recharge aquifers for water supply. They provide clean stormwater runoff and slow its flow, reducing flood damage and improving the quality of rivers, lakes, and streams. They clean the air by ‘filtering' it through tree and vegetative cover. Taking advantage of natural air- and water- filtration systems is far less expensive than replacing lost natural functions with costly technology. Natural areas also increase the Itxal tax base by providing amenities that raise the value of nearby propenies. and they boost the economic attractiveness of the area ip.l4)." The Development Framework also Drati Minor Plan .Amendmcm notes that metro-area natural assets “are essential to our region’s quality of life and continued economic well-being (p.3)." Nonetheless, many District Cities need assistance in implementing their open space plans and require additional landowner options and incentives to make these plans a reality. District natural resource protection and restoration goals can best be met by coordinating with the Cities and providing additional incentives for landowners. Working collaborativciy and utilizing an array of tools, we can help promote growth and development that conserves and restores our best natural resources, enhances the value of our developed areas, and is consistent with sound landowner financial and investment principles. (toal/OhU ‘ctivfs; riie goal of the program is to conserve and/or restore the District’s best remaining natural resources. We plan to accomplish this through the following three objectives: 1. providing technical assistance to municpahties, landow ners, ami others on land consei vatmii and restoration options; 2. woiking with a variety of orgam/...lions. agencies, and programs to deliver a comprehensive, integrated set of conservation and restoration options for landowners in high priority conservation areas; and 3. protecting and restoring key natural te.soutces by taking full advantage of the various options available. Ill considering this, it is impoHant to note that .’VlCWD intends to focus and target its financial investments m land conservation to the highest priority sites. However, as pail of its land conservation program. M(’WD also plans to take action and provide services that facilitate ctmservation throughout the District by providing technical assistance, offering educational oppoiiunities, and serving as a clearinghouse for land conservation and restoration options. MC’WD’s financial investments in land conservation will be guided to a large c.xtcnt by its Conservation Development Report (Minnesota Conservation Consulting, November. 2tX)3). riiat u poit pros ides .1 bluepriiit for a conservation program that will achieve the objectives of the MCWD m the most ellective and cost-efficient manner. As pail of the planning process for that report, the MCWD Board decided that the MCWD s uHiservalion jtiogiain wouki: 1. locus our attention on the best of what is left and the full range of water re.sources (i.c. stieams. lakes, wetlands) that comprise the entire palette of aquatic systems m the w atersheil 2. be cognizant of w hat other environmental organizations and agencies are doing 3. lake into consiileralion development patterns so that we can be predicts e in our conservation work Dull Minor I’lan Amcmlmcni 5 1 The analysis effort began with u thorough review and analysis of a wealth of data and information including; • MCWD Minnesota Land Cover Classification System data (Emmons and Olivier Resources, October, 2001) • MCWD Wetland Inventory and Function and Values Assessment (Hennepin Conservation District, January, 2003) • MN DNR Biological Survey Data Hennepin County parcel database Minnetrista Conceptual Greenway Corridor (Hennepin Conservation District September 2002) • MCWD Hydrologic, Hydraulic, and Pollutant Loading Study (Emmons and Olivier Resources, June, 2003) Met Council 2020 growth projections Assessment of the Phosphorus Sorption Capacity of Wetlands in the Painter Creek Watershed (Richar iion and Bruland, Duke University Wetland Center, July, 2003) Conversations with Hennepin County personnel Conversations with MCWD personnel • Site visits Using that analysis, Minnesota Conservation Consulting went on to: 1. Identify, field check, and evaluate sites greater than ten acres in size with high levels of biodiversity, exceptional water quality importance, and/or exceptional wildlife habitat potential. 2. Analyze topographic maps in conjunction \\ith zoning and projected residential and commercial growth areas for each community. 3. Determine potential general site boundaries that would encompass the land and water essential to mitigate future threats to the ecological integrity of a given site. The general areas for con.servation action and potential investment by MCW'D were further based on: 1. Sues that are important for improvement of water quality 2. Sites that represent the highest natural diversity - Sites with high levels of biodiversity and that arc relatively large with good prospects for restoration 3. Sites that contribute to the establishment of a natural corridor i lMihiation of Alternatives; Land conservation is being pursued as a complement to other District efforts including: regulatory controls, stormwater and drainage design perfonnance standards, public information and education, data collection, management programs, and capital improvements. Land conservation activities arc being designed to accomplish water quality, habitat conservation and iCNturation, and stormwater management goals that cannot be accomplished through existing regulations alone. District authority for acquisition of land and less than fee interest in land is contained in I03D.335, subdivision 11. Sites uill be selected in those portions of the District Diafi Minor Plan Amendment 6 m L f where conservation based solutions can effectively help protect and restore pnonty natural resources in a cost-effective manner. The program’s justification is based on the idea that natural treatment can be far less expensive than structural solutions. Schedule: The District intends to commence implementation of this program in 2005. The program will be thoroughly incorporated into our next generation Comprehensive Water Resources Management Plan. Nonetheless, the District plans to evaluate the program after three years and make recommendations for future efforts. Estimated Costs: For the initial three years, the District is currently allocating $1 million per year. However, the Board of Managers is willing to reconsider the funding level if warranted. We anticipate leveraging additional funding through a variety of other programs, grants, and landowner donations or bargain sales. Method of Financing: This program will be financed by County Funds under Minn. Stat. 103B.251 Additional funding and leverage is anticipated from a vanety of sources including; • Landowner donations and/or bargain sales • USDA Natural Resource Conservation Service programs such as Wetland Reserve Program • US Fish and Wildlife Service Programs such as Wetland Easement Program and Paiiners for WildITe • Critical Habitat Match Program • Reinvest in Minnesota Reserve (RIM) • Permanent Wetlands Preserve (PWP) • MN Board of Soil and Water Resources Wetland Banking Program • Grants such as Metro Greenways • Municipal park dedication fees Process for Apuroving Con.scrvution Propertie.s: Conserv ation efforts requiring a financial investment by the District will be approved subject to the follow ing process: 1. Evaluation a. Investigate piopeilv and options and decide whether or not to advance to Technical Advisory Team for rev iew - LmJ Protection Specialist b. Evaluate against other possible projects and decide whether or not to proceed with negotiations subject to Board approval - Technical Ailvisory Team 2. Commitment a Develop draft contract and/or easement - Lain! Protection Specialist in consultation with Legu/ Counsel Diaft Minor Plan Amendment 1 1 J T' b. Internal sign-off on contract and/or easement - District Administrator and Legal Counsel c. Internal review - Board of Managers in Closed Session consistent with Minn Stat 13D.05, subd. 3(c) and other relevant laws as may exist or be promulgated d. Secure landowner agreement subject to final Board approval - Land Protection Specialist e. Final approval of agreement - Board of Managers in Open Meeting, signed by Board President Draft Minor Plan Amendment 8 mttm — w 'ministrator and isistent with Minn St or be - Land "'MG f tB 8 2005 I r Uh UHUIVU LAKE MINNETONKA i Meeting, signed by 8 Board of Directors Wayne Nelson President Michael Mason Vice President Cedney Tuttle Treasure!- Amanda Walsh Secretary Mike Bosanko Miles Canning Michael Huddy Tom Reese Mike Russin Candi Stabeck Executive Director Dick Osgood P.O. Box 248 Excelsior. MN 55331 (952) 470-4449 Web Site: mnlakes.org/minnetonka E-Mail: Minnetonka (9mnlakes.org The Lake Minnetonka Association is a 501(c) 3 non-profit corporation dedicated to protecting and improv/ing Lake Minnetonka Fcbruafv^ 11, 2005 Mr. Ron Moorsc Administrator, City of Orcjtio 2750 Kelley Parkway P.O. Box 66 Cr>stal Bay, MN 55323 RE: VctcranH Park, Big Island Mr. Moorsc: I under:dand the City of Orono is considering the purchase of V^cteraiis Park, Big Island for the purpose of keeping this property as a park or open space for public use. Tlie Lake Minnetonka Association supports this initiative. As you know, Lake Minnetonka is the most heavily used lake in Minnesota. T he lakers shoreline is fiilly developed. While the lake remains largely safe and pleasant, the Lake Minnetonka Associanon lielieves that further shoreline development with additional lake use should be limitecL On the other hand, open spaces and destination points that arc available to all boaters are highly valued. We applaud the City ’s initiative in purchasing this property with the intent of making it available to the public. Keeping Veterans Park as a public open space provides a destination point, which helps to relieve active boating tm the lake and offers a non commercial alternative for all boaters. TTtis is a ‘win-win’ proposal and the I.ake Minnetonka Association supports this initiative. We are wilhng to assist the City in ,ts development and implementation of user guidelines to assure that future use would be managed to maintain the natural resource and provide for the maximum benefit to the public in a ntm discriminating way. Please feel free to contact me i^ 1 can be of assistance in this matter. Thanks. Sincerely, Dick OsgtxHl F.xccutive Director 000147^^ Tuesday, February 08,2005 ^plicafions had been solicited to fill two vacancies on the Minnehaha Creek Watershed District Board to^toM/'s bMr^mMfi^^ February 1, 2004 committee meetings with the seiection progressed A vote was taken on the first vacancy, as follows; Commissioner Nomination Biixt r Koblick Steele Opat Stenglein Dorfman McLaughlin Johnson Miller. Darrow Blijct • Accordingly, Pamela Biixt w-ss reappointed. • • ••••'• A vote was taken on the second vacancy and Richard Miller was unanimously reappointed. ATTEST: Clerk of the Coum Board i Comments by John Gchring, Orono resident Orono City Council Meeting Ixbruary 28,2005 I read with great interest last Ilmrsday that the City of Orono is planning to spend $5.7 million taxpayer dollars to purchase 53 acres on Big Island. 'Ilte problem is that Orono doesn't have $5.7 million to spend on the purchase, so the City has actively supported elTorts to take up to $3 million from all Minnesota taxpayers through the bonding bill process in the state legislature. As a taxpayer, I am concerned when I see multi-million dollar requests for what 1 believe arc non-essential projects in one of the highest-taxed states in the country. Are there any limits to what taxpayers will be required to fund? Ilte justification of the proposed purchase also concerns me. 'Hie reasons City Council members gave for supporting the purchase centers around preventing development and the preservation of "open spaces." How much money do taxpayers need to spei J for "open spaces?” Are there any limits on how much open .space the City Council will buy in the future? What will happen when the next large parcel comes up for sale in Orono? Will the Council want to acquire it, too, to prevent development? The City doesn’t need to acquire land to control it. I am also concerned that the City Council docs not have a clear vision for this proposed purchase, yet a Purchase Agreement has already been dratted by the City Administrator. 1 spoke about this issue with every City Council member, as well as City Administrator Moorse, Senator Olson, and Mr. Jabbour, and I attempted to contact others. I'.veryone whom I spoke with had a dilTeamt plan for the property. Plans included restricted permit-only access, a city-run campground, and allowing all boaters unrestricted access. Basic feasibility questions need to be addressed. Will the party in Cruisers Cove move to city-owned land on Big Island? Could the city be forced to provide parking on shore? Could someone claim discrimination because they can't alTord a boat to get to the island? Planning is also imp<ii1ant because there will be significant costs involved: tearing down buildings, improvements to the property based on u.sc, caretaker costs, law enforcement needs, ensuring handicapped accessibility, and annual maintenance and improvements. No one on the Council or at the City has calculated any of these costs, all of which will require additional tax dollars. The price tag for this project is clearly more than is being rept)rted texlay to taxpayers.