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Home My WebLink About03-28-2005 Council Packetr it V J i r Public A ttendance Mkktin (; D atk Al> 0&~COUNCIL □ Planning Commission □ Park CoMMisnoN □ O ther Please filloutthe information reques i£L> BF.I.OW FOR OI>R CITY RFCORDS. NAME (please print)ADDRESS PRESENT FOR (rrom agenda) NAME OR NUMBER I. Ol'iio ^ O'! S .?>0~7g 2. 3 4 \r'n . P| tl4 I ^ ________L'n»i Liji/rn iim 5.. 6.. 7. 8*. 9. 10.. II. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 28,2005, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KFII EY PARKWAY, ORONO, MINNESOI A (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under Uic Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet - located on the counter near the sign in sheet. ROLL CAI.L PLF.IKiE OF ALLEGIANCE CONSENT AGENDA 1. Approvc/Amend APPROVAI. OF MINUTES * 2. Regular Council Meeting of March 14, 2005 PARK COMMISSION COMMENTS - Michael lluddy. Representative PLANNING COMMISSION CO.MMENTS - Roland Jurgens. Represertative PUBLIC COMMENTS - (l^iniit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORI MAR 2 8 CITY or UI-iwimO 3.#04-3066 4.#05-3074 ♦5.#05-3075 6.#05-3077 7.#05-3078 8.#05-3080 9.#05-3085 10.#05-3090 ¥11.#05-3096 Resolution JulAim, Inc., 3455 Shoreline - Commercial Site Plan Review Tim Lattemcr of Dock and Lift, Inc. on behalf of Jeff Engler, 2760 Shr Conditional Use Pennit - Resolution Miiuietonka Portable Dredging on behalf of Ben Faus, 550 Big Island • Use Permit - Re.sohition m Nf AYOR/COUNCIL REPOR I PUBLIC SERVICE DIREd'OR’S REPORT 12. Public Works Steel Toe Boots Reimbursement Policy CITY MLMINISI RATOR'S REPOR T 13. Expiring Teims on the Planning Commi.ssion 14. Adoption of Minne.suta State Building Code - Oidinance ] 5. Amendment to Veri/on Water Tower Lease Agreement 16. Awiud of 2(M)5 Liability and Workers (Tnnpensation Insurance Package 17. Purchase Agreement for tlie Acquisition of the Big Island Veteians C'anip Pioperty 18. Automatic E'lectronie Defibrillator Grant Application AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 28,2005,7:00 P..M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA Cl 1Y AI TORNEY'S REPORl 19. LICENSES Special Event Fermit Residential Kennel License * 20. BILI.S UPCOMING ISSUES AND EVENTS 2005 03/28 - Council Meeting, 7:00 p.m. 03/31 - Council Work Session, Thursday, 5:45 p m. 04/04 - Park Commission Meeting, 7:00 p.m. 04/06 - Planning Commission Work Session, IVcdncsday, 5:30p m 04/11 - Council Meeting, 7:00 p.m. 04/14 - Council Work Session, Thursday, 5:45 p.m. 04/18 - Planning Commission Meeting, 6:00 p.m. 04/18 - Mn/DOT Infumiational Meeting. 7:00 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. 05/02 - Park Commission Meeting, 7:00 p.m. 05/04 - Planning Commission Work Session, Wednesday, 5:30p.m. 05/07 - Spring Cleanup Day, Saturday, 8:00 a.rn. - 2:00 p.m. 05/09 - Council Meeting, 7:00 p.m. 05/12 - Council Work Session, Thursday, 5:45 p.m. 05/14 - Spring Cleanup Day - Consimetion Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. 05/16 - Planning Commission Meeting, 6:00 p.m. 05/20 - Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. 05/21 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 05/23 - Council Meeting, 7:00 p.m. 05/26 - Council Work Session, Thursday, 5:45 p.m 05/27 - Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. 05/28 - IxMfand Grass Disposal, Saturday, 9:00 a m. - 3:00 p in. 05/30-HGI.IDAY iiuigfnaati ► Memorandum Date:March 21,2005 To:Mayor Peterson Members of the Council City Administrator From:Chair Rahn Planning Commission Members KF:Future of Navarre —'116 cn Y u»- UHUi^Q The Planning Commission spent the first work session of the year discussing goals and priorities for 2005. 1 he Planning Commission continually expands a so called “w ish list" of ordinance changes where prioritizing became necessary as a means for focus What became of these discussions was that Navaire will undoubtedly be faced with pressures from developers to redevelop, primarily, since the adjacent cities of Spring Park and Mound are currently undergoing redevelopment projects along the County Road 15 corridor. This discussion led to the high priority of the Commission to try and establish a commercial PUD ordinance or overlay district .specifically applicable for Navarre. Driving this high priority is great concern of the possibility of land use applieations appearing before the City where the Planning Commission has no choice but to become reactive rather than proactive, in a time where the ordinances affecting the Navarre area arc outdated and not representative of the existing development. The Planning Commission has already faced several applications in the Navarre area where updated ordinances may have yielded something much different (i.e. Keaveny request for CUP, Valerius request for CUP. Jul Ann rcque.st for commercial site plan review). 'Ihe City also receives sporadic inquires from developers proposing full redevelopment of existing parcels or combination thereof, most recently the Keaveny and Overson sites located adjacent to rcsidcntially zoned property, and also inquiries from existing owners wishing to cither expand and/or introduce new uses. Also, the residential neighborhood located south of County Road 15 has fomied a group known as the Residents for a Better Navarre, which has contacted and met with staff regarding their desire to see updating of the ordinances in an effort to encourage appropriate types of redevelopment. Therefore, the Commission as a whole felt that this concern should be brought to the attention of the .Mayor, Council, and Administrator in hopes of turning some focus to the Navarre area, which is the purpose of this letter. The Planning Commission is requesting direction from the Council as to whether this is a priority, and if so what the next steps should be in starting an ordinance revision process. The Planning Commission appreciates your consideration of tliis issue. I I MINUTES OF THE ORONOnTY C OrNCII, MEETING Monday, March 14,2UU5 7:00 o’clock p.m. 2 6 cvwj ROM CHY Of- umwNO Tlic ( ouncil met on the above-mentioned date with the following inembcrs present! Aeiinj: Mayor Hob Sanscverc; Council Menil>ers Jim Murphy. Jim While, and l.ili McMillan; City Attorney Ihomas Hanett; Representing staff were ( ity Administrator Ron Moorse. Planning Director Mike (iaffron. Planners Janice (iundlach and Melanie Curtis. I'ubhc Scr\ icc Director CJreg (iappa, l-ngmeer l orn Kellogg, and Recorder Jackie Young. Mayor Haib Peterson was absent. Acting Mayor .Sansevere ctilled the meeting to order at 7:02 p.m.. followed b> the Pledge of Allegiance. CONSENT ACENDA I.AI‘I*R<J\'E/AMENI) Items 5, 10, and 11 w ere added to the Con.sent Agenda. Saaseveri* moved, hlle seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPOINTMENTS 2.APPOl.M MENT OF PURI IC WORKS SI PERVISORS Moorse staled present at the meeting were Don DeHaere and Scott Ohcraigncr. who have been serving very efiectively as interim sii|K-rvisors m the ()rono Public Works Department. Moorse requested the Council formally appoint DeHaere and (theraigner to the position of Public Works Su|x*rvisor Murphy moved. While seconded, to appoint l»on DeBacre and Scotl Oheraigiier to the position of Public Works Supervisor. \ < M E: Ayes 4, .Nays 0. McMillan moved, Murphy seconded, to amend the Supervisory/Adniinisirative pa> schedule to reflect the placement of the Public W orks Supervisor position into l evel .1 of the pas schedule and to reflect the position being eligible for overtime pav. VtM’E: Aves 4, Nays 0. While moved, iVlc.Millan seconded, to approve the following pas adjusimenis for Hon DeHaere and Scott OiH raigner: Effective the first pay period in October, 2004: move to Eevcl Jt. Step III of the 2004 salary schedule ($25.0M/hour), and effective January I, 2005: move to Level 3, Step III of the 20tl5 pa> schedule. VtM E: Aves4. NavsO. pa<;e I ■, I I IVIINIITF.S OF TIIF. OKONO f Tl V C < M IN<'ll. MFF UNO Momlay, March 14,2005 7:00 o'clock AITKOVAI. OF MINUTFS 3. MF.OI'FAK COlINril, MFFTINC; OF FFBKUARV 2«, 2005 Nansevcrc moved. While seconded, to approve the inioolev of the Fel»riiarv 20,20051 'ouncil meellHK as suhiniMed. VOTK: Ayev 4. Navv 0. PARK f 'OMMISSlON fOMMKMS Irelie Sllher, Kepreseiilaiive SiIIh’i tc(|iieslc(l llie Cily < oiiiinl consider cslablislimy. a Icasibilily .simly In scl up an auxiliary l ilends of the P<irk ot(tai i/alioii that could liinclioti as a liuultaisiiift hodv oi a ilcposiioi v lo licnclit llie parks, Silbcr staled tin *’ark C oininission liccls tins would l*c a p,ical way lo inxolvc nonresidents as well as tcsulriilsofOiono in the Cily ’.s park sysicin McMillan irujuned wlicihci licinp. a 501 (c) would help i|ualify the t ily for (trant money. Silbcr slated it would. McMillan indicated she would like lo discus.s thi.s issue dining a work sessron with the Park ('onimission. SiIIh-i noted a niinil»er of other rniimcipaltltes have this t)pc of auxiliary body. M«k»isc noted a ( ily Conncil work session is scheduled for March 31'*. Murphy leconirncndcd the ('ity shouKI review the park tledicaliorr fund as xvcil. PI,ANNIN<; < '0.^15USS10N CUMMFM S - Ralph Kempf, Reprexenlaiive Krnipl nidicalcd he woiihl l*e available lor questions during tonight's incctng PntlJrf'OMMFNTS Maty Hatton. I owtilinc Road. lndc|Hndcncc. lequcsleil the Otoiio ('iiv (•iuincil hold a |ornt meeting with die residents of the rownline Road iieighlwiiho.Hl. the IndciH-ndence ( 'ily Council, and the Mcihiia City C ouiicil lo discuss issues asstn iated w.ih the new development pioicct in this area aiul pavinent for the iiiltasliiiiiiite necess.ary to serve this ilevelopment Hatton stated this developim nl will ailed llie character of then neig.hliortHHHl and they would like lo have some input into the design ol the road and other f sues relating lo tins project. pa<;f. 2 '4 1 MINUTES OF THE ORONO CITY COUNCII. MEETING Monday, March 14,2005 7:00 o’clock p.m. (Public Comments, Continued) McMtIlan stated she did notice the high density of this particular dcvclupmcnt recently and that there are a number of issues that should be clarified. McMillan noted that construction for this project docs impact the residents of Independence and Orono more so than the residents of Medina. Barron stated there arc also another nine houses being planned on the other side of the road in Independence. McMillan noted the zoning in Orono for that area is five acres. Sue Jellison, Orono, stated they were opposed to closing the road in the first place because of emergency medical response concerns. Jelli.son stated they were totally unaware that this development was going in until Barron informed them. Jellison noted this road is a dead-end road and that there are issues that need to be addressed given the number of residences that are proposed for this area. Moorse indicated he did meet approximately two weeks ago with representati\es from Medina, Independence, and Maple Plain to discuss Townline Road and the issues associated with this project. Moorse stated the City did ask that Medina request the developer pay for a share of the road. Moorse indicated another issue involved with this development is what the future design of the road should be to handle the increased traffic. Barron stated she did speak with the Mcdtna mayor w'ho indicated that Medina does not own this road and that the project was approved w ithout assessing an>- costs of upgrading the road to the developer. McMillan inquired whether this project has received approval from Medina yet. GafTron indicated the Medina City Council has approved this project. Murphy concurred there are a number of issues that need to be discussed and that a joint meeting among the cities is necessary’. ZONING ADMINISTRATOR’S REPORT *4. #05-3070 JERRY BOLDENOW. 70 NORTH SHORE DRI\ E WEST - CONDITIONAI USE PERMIT - RESOLUTION NO. 5291 Sansevere moved. W bite seconded, to adopt RESOLUTIO.N NO. 5291, a Resolution Granting a Conditional Use Permit for tbe property located at 70 North Shore Drive West. VOTE: Aves 4, Navs 0. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14,2005 7:00 o’clock p.m. *5. #05-3072 ORONO SCHOOLS, 685 OLD CR YSTAI - BAY ROAD NORTH - VARL\NCE AND CONDITIONAL USE PERMIT - RESOLITION NO. 5292 Sansevere moved. White seconded, to adopt RESOLUTION NO. 5292, a Resolution Granting the Orono Public School District a variance and conditional use permit in order to replace the existing campus monument sign with a new monument sign. VOTE: Ayes 4, Nays 0. 6. #05-3077 BARRY AND ROBIN O’ROURKE, 2300 SIXTH AMiME NORTH - VARIANCE Robin O’Rourke, Applicant, was present. Curtis stated at the January Planning Commission meeting the applicants were requesting after-the-fact variances to allow continued construction of a 16’ by 48’ lean-to horse shelter structure less than two feet from the rear property line and 45 feet from the western side lot line where a 75 foot setback from all property lines is required for a structure used for the keeping of horses. The Planning Commission voted 6-0 to deny the setback variances, concluding that the shelter should meet the required 75-foot setbacks. Since the January Planning Commission meeting, the Applicants have revised their request to reflect the following; I. A side setback variance to construct tlicu- horse shelter 45 ’ from the western lot line where 75* is required; and 2. A rear yard setback variance in order for the hor.se shelter to be 30 feet from the rear lot line where 75 feet is required. Planning StafT feels there is no hardship inherent with the land to grant either of the variances. The 1 lanning C ominission has not reviewed the revised proposal, but did indicate at their Januars' meeting that they would not be sup|K)rtive of any variances. O Kourke stated their hardship deals with the loeation of the c.xisting structure and that the area depicted in black on the overhead is the only area available to them to con.struct this shelter. Sansevere inquired why the conforming location depicted by staff on the overhead is not adequate. O Rourke stated they currently have seven horses and they need the extra room due to safety concerns for the hor.ses. PAGE 4 MINUTES OF THE OKONO CITY COUNCIL MEETINO Monday, March 14,2005 7:00 o’clock p.m. (#05*3077 Barry and Robin O'Rourke, Continued) Murphy commented he has had horses in the past and that he is not aware that that kind of room is necessary to raise horses. Murphy noted he did visit the property today and tliat he docs not see a problem with locating the structure n the conforming location. O’Rourke stated if the structure were constructed in the conforming area, she would not have any shelter lefi in the one paddiK'k. ()’Rourke noted she is not able to relocate her fence line due to a natural waterway in the area. .Sansevere inquired whether the structure could be relocated to the left. O’Rourke stated she would not be 75 1 ‘ect away from the lot line. O’Rourke stated she could relocate the lence line but she would need to remove a number of trees. Sansevere commented the fence line docs not need to be straight and could be reconfigured. O’Rourke slated she would still be loo far forward to the fence line and the e.xistmg barn. O’Rourke indiealed the utilities run on the north side of the blacktop path, which is the reason for the jog in the path, O’Rourke stated the conforming location is too close to the fence line for the safely of the horses. Gaffron stated it is approximately 20 to 25 feel from the conforming location to the fence. Sansevere staled in his view that is adequate riMim for horses. O’Rourke stated she is not comfortable with that amount of room. Murphy inquired what the reason is for constructing the lean-to structure. O’Rourke slated she has been advised by her vet that she needs to .store her horses outside more since they are retirees and have respiratory problems. O’Rourke indicated she w»>uld like to provide some shelter for them. Murphy commented he has two older hor.ses and they do not move around much. Muiphy commented he does not see much of a hardship for the variance. Sansevere pointed out the liardship has to be inherent to the land. O’Rourke commented tlic waterviay restricts her available building area and that tbe borses cannot be allowed withm the trees since they would strip the bark from the trees. Murphy inquired whether the size of the structure could be reduced O’Rourke staled she could reduce the si/c somewhat but that she would not be able to locate it within both paddiKks. PAGES J 1 - MINUTKS OF Till: ORONO mv roiiNf'ii, mi:f.tino IMoiidiiy, IMa'-ch 14, 2(NI5 7:<N) o’clock p.m. (tf05-3077 Harry and Koldn O’Rourke, Continued) S;insm-fc commcnicd the Council needs to consistently cnroicc the rules whenever possihle Sans«-vere noted there is npproxiniiitely 15 leel honi the shelter to the womleil aiea, which in Ins opinion is enough room lor the hoises. Murphy iiit|uiied wliethei all seven hoises are outside in the same aiea at the same lime Murphy inquired how many horses woiilil Ik* tilih/mg the shellei at one tune. () Koiiike stated the hoises aie all out at the same lime and that mere would he a maMtnuin ol lour horses utih/mg the shelter. Miiiphy mqiiiied w hat the piop«ised si/c of the slinetiiie is. O’Rourke stated she would like to eonstruct it 16’ hv 4S‘. Murphy slated lliat is more room than he has for his hoises. and eneouiage*l the .i|>pheani lo lediiee the si/c of the structuie. O’Rourke stated she is w illing to leduee the si/e of the sliueiiiie hut dial she slill would not he able lo ineet the 20 feet to the fence line. O’Rouike slated they have Hied lo explore all llieii options and that theie arc no giHnl alleinatives. Sari-seveie staled the (’oiineirs hands aie lieil since Iheie is no liaidship inheieni to the land. O Rouikc slated part ol the haidship is the liK'alion of the existing sltuel.iie Miitphy staled hy reducing the shed 10 to 15 feel, the piohlem w ith the jog in the fence wouM W decreased and would allow the fence to he angled iioni the existing ham ovei lo die wooiled urea, which would cie.ilc some additional space. White .slated he is in agieenieni w ilh the I'lanning (’«>mmissuin's lecoinincndaiion ami that he lias not heaid any new mfoimatioii tonight that wtiuM allow a vaiiance to he gtatile<l < t’Rourkc inquired whether Ihcie could lie any couipioniise. .Sanseveie stated w ithout a hard.ship, thcie is not much the (’*»uncil can do McMillan coiiiiueiiied someliiiies the conlorming location is not the most ideal lot the pio|H*ilv owner Sanseveie ini|uiietl whelhei dieie is any piolei lion ollered by the c.xisting bam. O’Rourke .staled thcie is not. S.insevrrc noted die applicant doc.s not need the aj>pio\al of die council if the siiuciiue is built in a conforming liKalitiii. Sanseveie coninienie*l ii ap|Hais dial the ( ouned is not m lavor of a variance FA<JE b MINirmsOFTIIi: ORONCK ITY CXMINni. MKKTINC; Moncluy^ March 14, 2005 7:00 irdock (M05-3077 Harry and Koliiii f rKourkc, (*oiifinucd) Murphy inquired how many stalls the applicant has in her bam. C VKoiirke stated she has ripht stalls in the barn. Murphy stated most horse people would not leave their horses outside durinj.' Minnesota winters even with a lean-to struelurc available. O’kourke stated that is wliat her veter inarian is reeoriimending ilup to their respiratory conditions. Murphy moved. White seconded, to deny Application //05*.^077, Harry and Roliiit CrRoiirkc, 2300 Slkili Avenue North. Vort: Ayes 4, Nays 0. 7.W05.307K C;ARY AMI I.YNN C IIRISTHNSFN, 3560 IVY PI.A(T. - VARIANC F. (lary < ’hristensen. Applicant, was present. ('urtis stated the upphcaiits are lequestirifc variances in order to replace their existing low-pitcheil UMif with a steeper tool lesultinp in ti hall-story to inelutie attic storage space. I he existing home is set back 40 (eet Irorn the lake and K.25 feet from the side lot line. riie applicants are iei|uesting the following variaiices: A lake setback variance to increase the height of the riNif'al a setback of 40 feet from the OIIWl where 7.S *cet is leiiiiiied; and 2.A side setback x ariancc Ibr a setback to increase the licighl of the root at a setback of 8.25 fed from the side lot Ime where lU feel is reijuircd; ami 3.An average lake setback variance ('uitis noted tlie applicants also have a variety of structures aiul non structuial encroachments IcKated on the adiacent propeity not mvned by them, which Staff and the I'lannirtg ('ornrnission are reciniimeiuling I h* renun cil At then lebriiary meeting the rianmng (\n:ninssion voted 4 to I to recommend approval of the variances subject to the tollowing conditions I. Removal of all encioachnients that cross over the pro|H*rty line or exist on the neighboring pio|HMty, ami 2 Removal ol unnecessary sidewalk. 10* bv 16* concrete pad, ami anv other non essential haiilcover. r AC,K 7 MINI?TI SOI< Till: ORONOn i V ( (HiNriL MKKTINC; Mohiliiy, Marcli 14, 2005 7:00 crclock p.iii. (W05-3O7K CJary and Lynn ('ontlnucd) TIu* Planning roininission fiiflliri rcrnininnuird lhal (he nrw dnrincf s nu'cM llir llMoot snic sribnck. Ilir applieants air also piuposing to tcinnvr the shrd (roin the ad|arrnt lot and plarc it on the slab next to the garage 1 he apphrants would rrdiirr the si/r ol the slab next to the gaiagr to arronunodatc the shnl with 0 Hinall apron ( urtis noted the uppheunts in the lutnie would like to leplace the existing lotiron the garage to inateh the iHiiise. and at lhal time would lx* w illing to remove the shed and lemaming slab I he appheants aie also hiither |iioposmg to lernove the plav stini line horn the adjaeent lot and leUxate it in the garden neai the lioni dcMii ol the lesidenee In addition, they are pioposing to remove Uie excess Sidewalk. .Staff feels that the excess slnieturc of the shed and the hardcover associated w ilh it is not justitied by a liardship. Since there is not an appropriate or confonnnig site Ibi the sheil to lx* leloealeil. Staff wouM not be supportive td this re(|iiest C'urtis stated the diiveway is also an issut for the applicants I he ailiacent neighlHU ulih/es a poilion of the appheants* diiveway when he has guests Hie driveway existed piioi to the applicants owning the piopeity. with the applicants teehng that the neighboi would drive thioiigh then yard and park on their lawn riic applicants are rei|uesting that the diiveway remain to accommodate the neighbor. Stall rceogni/es the unique r’tuation at the street side ol the applicants* piopeity. as it is iiseil by the public aiul the neighboimg pio|ieity mvnei. and theieloie StalT woiiM support the diiveway paiknig area as it exists Sansevere inquired whetlier the a|iplicant is m agieement with Staff on the sheil ( luistensrn stated storoge is an issue lor them at the present time and that it wouKl !»e nice to be able to keep the .shed during construction on tlie house ('hiistensen noted he wouM be w ilhng to lemove the shed and the slab once the residence is completeil Mutphy inquired whcthci the applicants ate consnleiing changing the liNitpiint on the gaiage in the flit me. (liristensen stated they arc not. i *urtis stated the existing garage is located between two and a half to tluee Icet lioni the piopeity line .md It the pitch of the liHil is incieused. it would lequiie a vaiiance (’liMstrnsrn st.iicd he could reduce the slab to eight by ten. Mniphy nole«l the shed woiiltl be close to the pn*pe?ty line. (iallion iHMiifed out the shed wouKI also Ik* Kh ated veiv elosr to the lia\eled portion of tjic rondway rhlistellscri stated the shcil wouKI be tempoiai v while constiuclion mi the house is gmng on [Muridiy inquired when construeliun on the garage is cx|H:ctcd to commeikc L MIMJTFS OF THE ORONO CITY COUNCIL IVILi: I IN<i Manday, March S4,2005 7:00 o'clock p.m. (#05-3078 Cary and Lynn Christensen, ( ontinned) Clu^istcnscn stated he would like to start construction on the garage once the house is completed and that he is hopeful the project ctnild be completed by the end of the summer. Sanscverc suggested putting a deadline for when the shed has to be removed. Curtis noted a variance would be required to raise the pitch of the roof. Christensen commented his neighbor is fine with raising tbe pitch of the roof on the garage. McMillan tnqutrcd how Staff would enforce the removal of the shed in the future. Gaffron stated one option would be to require removal of the shed prior to final inspection Muqrhy inquired whether the applicant is in agreement to remove the hed in the future Christensen indicated he is w illing to remove the shed. Clmstenscn noted he also is in agreement w ith removal of the other Hems mentioned by staff Murphy moved, .McMillan seconded, to direct Staff to draft an approval resolution for Application #05-3078,3560 Ivy Place, subject to conditions one and two outlined in the March 8, 2005 Planner’s Report, and further subject to the understanding that the shed may be used for temporary storage through construction but must be removed by the applicants’ move in dateor December 1,2005. V01E: Ayes4, NavsO. 8. #05-3080 INI ERSPACE WEST, 2060 WAYZATA ROI LF.\’ARD WT.S I - PUD - CONC EPT PLAN REVIEW' Gina and Philip Carlson. Interspace West, and Daniel Kaplan. Allomey-al-I aw. were present. Gundlaeh slated at the last City Council meeting the applicants were directed to redesign the archiieelurc for Uic proposed townhouse/offiee units. ITit applicants have submitted a revised elevation view in an attempt to ineorimrale what was discussed at the last meeting Gundlaeh indicated a pitched uxif w ith a more traditional eniryway has been incorporated into the design, with the new units having access through a shared entrance in the center of the building rather than on the end of the unit, llie applicants are still proposing the buildings to be constructed in clusters and contain the same amoiinl of square footage as the previous propo.sal. (itiiuilach noted the changes do not affect the parking layout, the finished fl»M»r elevations ol the units, or remaining wall heights and elevations. .Stall IS requesting the Council determine if the architectural revisions are adequate, and if the revisions meet ( ouncil s c.\|K‘ctalions. to direct siall to draft a resolution approving the concept plan for a|)pi«ival at the next meeting. pa(;e 9 r' MlMiTKSOFTIIf: OKONO CTIY C'OllN<’ll. MKFTINC; Moiulay, March 14, 2005 7:MI oVIock p.iii. (M05 30K0 Interspace West, ronliiiuecl) Murphy requested the applicants discuss the relationship ol the new roolline to the SuparwooJs ncqihborhood. Murphy inquired whether the w indow arrany,cnieiit on the units has been squnfkantly changed. Mrs. ( arlson stated she did not calculate the square hKifai^e of the w iiiilow s but that the airangcinent is diireient from what was previously pioposed Murphy ini|uired what materials aie beiiq* pio|)osed lor this development. Mrs. C arlson indicated the ridr»e of the new ioordesir:n is far below the Siir^aiwcHids development and would still consist ol a standing seam metal roof*, ( arlson statol they aie pio|H)smg a stucco type sulmg and earth tones lor this development. White inquired whether any dormers aie luung cmisidered for the nnif to help break up the nwif area Sansevcie indicated the amount ol roof aiea is also a concern of his. Mrs. C*orlson indicated they have not obtained any cost e.stirnales on dormers. White commented the hydrology system on this site is good as well as the parking layout. Sarisevere slated he would only support this applicatmn if the rcKiflmcs arc broken up somehow. Mrs ('arlson staled they wouhl I k* walling to work through that issue with staff in the general development phase. Daniel Kaplan noted this is the concept phase and that the applicants have made some ecmccptual changes m tlic proieci based upon the tlireclion given at the last council meeting Kaplan suggested the applicants be given concept approval tonight and be allowed to go into the general development phase Kaplan stated It IS difficult for the applicants to commit to dormers w ilhout know ing how that feature would economicallv impact Ihispioiect Sanscverc reiterated tliat he .still would not be supportive of this proieci if the MHiflmes are not bmken up III Miim* fashion Mrs. ( arlson indicated tliey would break up the loofline. White indfcnted he is fine w ith giving concept approval to the project. Murphy staled in Ins view' it would be helptui to break up the roolline. McMillan noted the draw mgs are preliminary since this is the concept plan phase and tliat she would I k* in siip)Hiil of the proieci i . ¥m;¥: io MINUTES OF THi: ORONO CITY C OIJNCIL MEE I ING Monday, March 14, 2005 7:00 o^clock p.ni. (005-3080 Interspace West, Continued) MiMirse noted this step of the process is similar to preliminary approval and is not a sketch plan review. Moorsc slated the C'ouncil sliould be dear in their direction to the applicants on what revisions they Would like to sec to the projeel. I’Aclyn Sehommer. 2106 Sui»arwood Drive, indicated she would like inorc inlornuiliim eonceMiiri|t» the landscaping lHrinr» pro|M)sed for this development. Sdionimer inquiied how tall the rooflH-ing pio|Mised tonight IS as compared to the previous proposal. Mrs. Carlson indicated the r<N>f1ine is 19 feel alnive the e.xisiiny elevation, which is 11 feet below the maximum height allowed. McMillan itu{uired wliat steps would he followed for approval. (iundlach staled Staff w<iuld prepare a concept plan approval resolution for adoption by the council at their next meeting, w hich w ill document all the concerns and issues raised. (iundlach indicated the applicants would need to address those concerns and then reappear before the IManning C omrnissioii and the C ity ('ouncil. White noted the landscaping plan w^ould be discussed at the next Planning ( ornrnission meeting where a public healing would lake place. Murphy pointed out this roollinc w^ould l>e sigruricantly lower than the adjacent .senior housing center. Mrs. (‘arlson Mated the roollinc would be 10 to 20 Icet lower than the senior housing center depending upon w here it is measured on each building. Maril>'n Mileusnic. 2110 Sugarwood Drive, expressed a concern regarding the number of buildings being proposed for this small lot. Mileusnic indicated she would prelei that paiking only Ik piovuled in the liont. Mileusnic alsii commented that they have not heard any information legarding the landscaping for this lot. Muiphy encouragcil the apjilicanis io incci again with the neighiHus to discuss some of the issues being raised tonight. C aiMc ('ase, 2100 SugaiwiHHl Diive. iiu|uiicd whal the loidWould Ik niaiie of arul how definite the plans aie Wh»fe lulled the apjihcants wiiuM be piovuling moic detailed plans in the future Mr. Carlson indicated the piopiiscd unifs would l>e metal «ind would be cailhlonc in color. Schommef stated the residents of the Sugan\ood iicighlnuhood have concerns legatding the height of the buildings, the ligliting fmm the buildings and cars, and parking. Sehommer sialcil ihey wcnild like to see a ilcvciopmetil that is appiopiiate for ihe si/e of ihis lol FACE 11 r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14,2005 7:00 o’clock p.m. (#05-3080 Interspace West, Continued) Murphy pointed out the elevation for this lot is below the Sugarwood neighborhood and that there should not be an issue with lights shining into the residential area from cars. McMillan commented she is hopeful this project would be low impact to the Suganvood neighborhood, and encouraged the applicants to take into account the lighting on this lot. Mrs. Carlson pointed out »hc windows on these units would only be slightly above the basement windows of the residences in the Sugarwood neighborhood and that the height of the residences would be approximately 20 feet above the units. Mr. Carlson noted they would continue to meet with Planning Staff to ensure that these issues are being addressed. Mileusnic stated she would like another meeting with the developer. Jacqueline Ricks, 2108 Sugarwood Dnvc, commented she would like some more consideration given to the buffer area between this development and the residential area and that she dues nut want to feel encroached by commercial development. Mrs. Carlson stated she would be willing to meet w ith the residents at the site. McMillan noted a berm is also being created. Gaffron illustrated on the overhead the areas where the elevation of this site would be lowered and the areas where the elevation is being raised. Gaffron pointed out some houses will be able to see the upper part of the buildings. White commented that the Sugarw'ood homeowners association could also plant a row of arborvitae, which would make a good privacy fence. Ricks commented that area is not accessible by trucks necessary for planting trees. Mrs. Carlson reiterated she would be willing to meet with the residents on the site. Sanseverc inquired w hether the council had any issues w ith the office townhouse concept being proposed for this site. Sanseverc inquired how many buildings were going to be constructed initially. Mrs. Carlson stated they have had gtKid interest in them and that in their opinion it should not be a problem to sell the units. Gaffron noted the applicants would need to give the City a letter of credit and enter into a developer’s agreement, which requires that all improvements on the site be completed prior to the first building permit being issued, but that there is no guarantee that all ten units would get constructed. Pt PAGE 12 MINUTES OF THE ORONO CITY COUNCTL MEETING Moaday, March 14, 2005 7:00 o ’clock p.m. (1105-3080 Interspace West, Continued) Barrett stated the City can require that whatever buildings are started are completed, but that he is unsure what interest the City has in requiring that all ten units be constructed. Mrs. Carlson noted that the street and utilities w'ould be put in prior to all the buildings being cunstructed. Carlson commented they arc anticipating this project would be completed w ithin two to three years. Mr. Carlson pointed out the lot would be landscaped as the buildings are being constructed. Murphy moved, McMillan seconded, to direct staff to draft an approval resolution for Application 110S-30M, Interspace West, 2060 Way/ata Boulevard West. Murphy requested Staff outline the steps in the approval process. Gundlach stated StalT would prepare an approval resolution containing all of the issues discussed tonight and previously, which would come back ^fore the Council at their next meeting. Gundlach indicated following that the applicant would need to submit detailed plans addressing all issues raised and reappear before the Planning Commission and City Council for General Development Plan approval. Sansevere inquired whether the motion includes some revision to the roofline. Murphy stated Mrs. Carlson has indicated she would be willing to break up the rooflines. Gaffron noted that issue would be included within the resolution. \'OTE: Ayes 3, Nays 1, Sansevere opposed. Sansevere noted he was opposed to the motion because he would like to see the revision to the rooiline prior to approving the concept plan. 9. #05-3081 ZB CONSTRUCTION, INC., 26XX KEI.I.EY PARK\^ AY (OUTLOT E, STONEBAY) - RFUl) - FINAL DOCUMENTS REVIEW Amie Zachman, ZB Construction, and Steve Johnston. Stonebay, were present. Murphy indicated he has had an op|K)rtunity to visit this site and that he is impressed with the landscaping in the back of this development. Murphy inquired how many buildings in the front are occupied or sold. Johnstan stated they have two models in the front that have not been sold yet Gaffron stated at the last meeting the Council had directed Staff to draA approval diK-uments and resolution. 'Hie Council had requested additional .screening or hedging to buffer the headlights from the parking stalls, which the applicants have provided, (iaffroii indicated m his view the plans arc in compliance with the City Council’s requests. PAGE 13 .n ■ S ■- - ii MINUTES OF TIfE ORONO CITY COUNCIL MEETLNC Monday, Marck 14,2005 7:00 o ’clock p.m. (#05-3081 7M C'on»truction, Inc., C'onlinucd) (iaffron sUiial lK*f«)rc Ihc Council tonight is a resolution giving preliminary and final plat approval, general development plan approval for I’UI) No. 4li, and HUU No. 4H Agreement and l‘lJI)/I)evelopment ('ontract. Ciaffron stated (he City does re(|uiic mylars prior to finul plat approval, noting that the county has not yet approved those, (ialfron furthei noted that release of this pr«>jcct would not happen until all as|K*cts of the pioject have Inren completed. fiallton noted the documenls have been provided to the City Attorney for his review. Barrett indicated he does have a few minor ettmments but that (here ate no sul>siantial changes to the documents. McMillan ini|iiiicd whether StaH feels time uic any issues that the Council should discuss. (iaffron stated individuals would be purchasing and owning .sepaiale units, with a common micresi community plat lK*ing developed that descrilKs and cieales the individual ownerships, (iaffron stated the City IS not involved m that as|iecl of this project, (iafiron noletl there would also lie bylaws and covenants for tins development, which tlic City would be reviewing. McMillan recommended that |>otential purchasers lie infonned that there is a public works building adjacent to tins lot and that there is the possibility for noise. /aclinian indicated |iotential purchasers would l)c informed of that as well as the fact that there would be offices across the street. McMillan inquired what type of lighting would be on the building. /aclinian staled they would Ik * inslallmg a (»fl-walt bulb on each of the decks, a light over tJie entrance to the garage ami the fire ihnirs, and a chandelier in the front entryway. White inquited whether the deck lights would Ik * downcast. /uclinian staled the lights would w«>rk «)ff a switch and woulti Ik * an e.xtertor ty|K* light McMillan inquired whctlier any liglitmg along the sidewalk was being planned. Zaehman sialeil they have not discussed Uuit. McMillan sug,gesietl Ihc applicant eonsidrr installing low voltage lighting along the sidewalk. /uchnian indicated be wdu KI Ik * w illing to incoipotale the low voltage liglilmg along (he sidewalk. White suggested the applicant consider utili/ing 15-watt bulbs lather than (»n wall bulbs on the decks. Zai lmian stated they do currently utilize 15-wall bulbs in (lie hallways. pa(;e 14 .-Jteiili iRh A ri ir MINUTES OF THE ORONO CITY COUNCIL MEEIINC; Monday, March 14, 2005 7:00 o ’clock p.m. (M-05-50KI C’oD»trnctioD, Inc., Continued) Harrell ini|uircd wliai ihc ownership percent lias to be prior to the homeowners association taking over control ol the property. Zachinan indiealed 70 percent. Harrell imietl that ihe < Hy shoidii ensure that all re(|uirenicnls have been met prior to the propeity iK-inji liirncd over to Ihe homeowners association. f’laffron slale«l lhal shoidd be added lo Ihc documenls. Ciallron inquired whclhci there W'ould Ik a monument sijtn for this devchipment. Z;u hinan staled they would be putlinn a sij»n near Ihc entrance to this devel«»pnienl. White moved, McMIiian secomled, to taldc Application AU5-3UMI, /.K Construction, Inc., 2(i*s Kelley Parkway (Oullot E.Stoncbay) - KIM >l>- Final Hocunienis Review. VO I E: Aves 4, Navs 0. MAYOR/f ’OUNCTL REPORT Murphy n«»le»l Ihc ('ily Adtiiitusltalor, McMillan and himself would be meclinn on March |6'*' with (iabricl Jabhnir and Ihe veterans lo ihseuss the Itig Island iiialler. Muiphy staled they aie aiiticipaliiu; aurccmenl on the purchase agreement, which is contingent upon the lunding Imiu Ihe legislature Murphy iiu|uircd whelhcr Ihe smoking ban would include the Narrows Saloon. While staled it would. Murphy iiu|uiied whelhcr Ihc Oioiio Police Depailmeni wouM be momlonng lhal. Moorsc indicated the Hennepin Couiily Health Depailmeni wouUI Ih * momlonng Ih.il. McMillan noted the Minnehaha Watershed District is lequesliiig one lepiesenlalive and alleinale he npixnntcd Iroin Uiorio. MeMilluii .suggested this ilem he discussed at ihe ncM ( imiik il woik sessmn. PUBI.ir SERVICE DIHECTOK ’S report None PACE 15 ii •> ; mM \ MINUTES OF Till: UKONO CITY COUNCiE MEETING Monday, March 14, 2005 7:00 o'clock CITY ADMINISIKAIOK'S KEFUK1' * 10. CHANCE ORDER N( >. 2 AND FINAL FAY Ri:OI'ES I - NAVARRE FIRE RESCUE VEHICLE SanM'vcrc moved, While seconded, to approve Change Order No. 2 for the Navarre Fire R cmuc Vehicle, in the amount of $2,245.00, and to approve the final payment to Rescue Vehicles of loss a, in the amount of $16,6.1.1, with a budget adjustment in the Improvement and E<|nipiiienl Outlay Fund to reflect the expenditure. Vt> TE: Ayes 4, Nays 0. *11. .SQUAD C AR Fl'RCHA.SE .Sansevere moved. White .seconded, to approve the purchase and authorize payment to: Hinckley C'hevrolet, in the amount of $.17,126.10 for tsso unmarked 2005 < 'hevrolel Impala squad cars; to Superior Ford, in the amount of $22,504.00 for one marked Ford Crossn Victoria si|uad car; to EVS, in an amount not to exceed $IO,6ti2 fur the set up of nesv squad cars, tear dosvii of old squad cars, and incidental lepalrs to equipment being reused. VOTE: Ayes 4, Nays 0. CTTY A I IORNEY'S REFOR I Toni Mancll. City Allomey, h;id nothing to report, 12. LIf'EN.SES 1EMFORARY ON-.SALE LIQUOR LK'EN.SE I Orono Rotary Minnetonka ('enter lor llie Arts 2240 North Shore Drive .SaUirdny, April 21, 200y SFECIAL EVENT 2.Feler l r|)enliacli ^lc^l Knrz Memorial 10-N!ilc Run Luce I,me I rail starting at the Way/at.i Multlle School - apptoxinialelv4..S niilesoui aiul hack Satuiday, April 0. 2(M).S 8;.l()a.rn. 11:10 am Murphy moved. White seconded, to ssaive the city fee of $25.(M» for the On-Sale Temporary Liquor License granted to the Orono Rotary Club and to approve all licenses. I’OTE: .4ses 4, Navs 0. PACE 16 I MINUTES OF THE ORONO CITY COUNCIE MEETINT; Monday, March 14,2005 7:00 o’clock p.m. BILLS Sanseverc moved, White second'd, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORI, tONl LNUED Moorsc noted a work session has been scheduled for March 31 ” and that items on the Dftcnda include appointment of a representative to the LMCU, replacement appointment to the Park Commission, the park foundation, and issues relating to the Townline Road project. Murphy suggested meeting with the Orono Townline residents prior to meeting with the other cities affected by this pro|cct. Mur|)hy slated it is imiMirtant for the City to understand the ramifications involved with re-opening this road or whether the roail should remain shut. A brief discussion was held regarding the issues involved with this project. 'ITic City Administrator was directed to identify the major issues associated with this project that should be discussed at the work session. ADJOURNMENT Sanseverc moved. While seconded, lu adjourn the Orono Citv Council meeting of March 14. 2005, at 9:38 p.in. V01E: Ayes 4, Nays 0. ATIE.ST: Linda S. Vee, C ity Clerk Bob Sansevere, Acting Mayor PACiE 17 1 ■-ia ‘i 'V OiaMiHHiateii \3^ IBUIU V ?) IJ 'L ifh¥3 mn ' I I \(< r\ V ''x. /■\ A / / V,kv \V >/ 3080 r I \y X \ 30^3075 .d<k \ w \ \ L \ o / .,y / w) Af;i:NDA FOK COUNCIL MEETING SET FOR MONDAY, MARCH 28, 2005, 7:00 F.M. OKONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under tlie Consent Item* on the agenda. Memos regarding each of the Agenda items arc avadahic in the Public Packet - located on the counter near the sign in sheet. KOI,L CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1 Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting ofMarch 14.2005 IMr'il «»rr-riM'^ MAR ^ im CITY UP Unoi^O PARK C OMMISSION COMMENTS - Michael Huddy, Representative I LANMNG COMMISSION COMMENTS - Roland Jurgens, Representative PUBI.IC COMMENT'S - (Limit 5 Minutes Per Person) ZONI.NC; ADMIMST KATOR'S REPORT 3. #04-3060 William and Anita Rouse, 4051 Highwood Road - Review; Remodel vs Rebuild Status 4 #05-3074 Sean and Melissa Wambold, 1379 Park Drive - Variance and Conditional Use Permit • 5. #05-3075 Mitch and Kini Ol.son, 3275 Carman Road - Variance - Resolution • 6. #05-3077 Barry and Robin O'Rourke. 2300 Sixth Avenue North - Variance - Denial Resolution 7. #05-3078 Gary and Ljnn Chnstcn.sen, 3560 Ivy Place - V'anances - Resolution 8 #05-3080 hitcrspace West. 2060 Wa>-/ata Boulevard West • Commercial PUD Concept Plan - Resolution ^ 9. ^05-30S5 JulAnn, Inc., 3455 Shoreline Commercial Si!c Plan Review 10. /^05-300() Tim Lattcnicr of Dock and Lift, Inc. on behalf of Jeff Lnglcr, 2760 Shad.v'wood Road - Conditional Use Pennit - Resolution 11. //05-3O9() Minnetonka Portable Dredging on behalf of Ben Fans. 550 Big Island - Conditional I Jse Permit - Resolution MAVOR/COlINCIL RKPORT PCLiLIC SERVIt F DIRFCnOR’S RFPOR I 12. Public Works Steel Toe B ihMs Reimbursement Policy CITY ADMINISTRATOR'S REPORT 13. Hxpinng 1‘emis on the Plaiuiing Commission 14. Adoption of Minnesota Stale Building Code - Ordinance 15. Amendment to Verizon Water Tower Lease Agreement 16. Award of 2005 Liability and Workers Compensation Insurance Package 17. Purchase Agreement for the Acquisition of the Big Island Veterans Camp Property 18. Automatic Flcctronic Defibrillator Grant Application c 11Y A rroRNEY's ri«:port 19 IJC'ENSES S|>ccial Event Permit Residential Kennel License • 20 BILLS LPC'OMINC; ISSUES AND EVENTS 2005 03/28 - Council Meeting, 7:00 p.m. 03/31 • Council Work Session. Thursday. 5:45 p m 04/04 . Park Commission Meeting. 7:00 p m 04/06. Planning Commission Work Session. Wednesdaw 5: SO pm. J REQUEST FOR COUNCIL ACTION col'^'''ll RiPPTiNn MAR 2 8 2005 Dale: March 24, 2005 Item No.= 3 CITY Of- Ohui^o Department Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval:Agenda Section: Zoning Item Description: #04-3066 William & Anita Rouse, 4051 Ilighwood Road - ____________________________________ Review status of Remodel vs. Rebuild List of Exhibits A - Stop Work Order B - Photos of current conditions C - Approved Building Plans, Pemiit #P08380 Issued 2/8/05 D • Staff sketch - what stays, what goes li - Survey F - Draft PC Minutes of 3/21/05 Discussion G - Variance Resolution No. 5270 II - Additional Excerpts from File #04-3066: - PC Minutes 11/15/04 - Council minutes 12/13/04 - Letter from applicant’s engineer 11/5/04 Summary of Issue: The west wall of the existing one-story house encroaches to within 4'-9' of the west side lot line which abuts u 20' all ,*y. The zoning code is unclear as to whether this alley should be considered as a ‘side street’ requiring a 35' setback in the LR-1B zone, or is merely subject to a I O' side setback requirement. Staff used the 10' standard in review of this applieation. The entire house is bcingrcmodclcd;al»alfstoryisbeingadded above the newer(l984)ea.st wing. The west wing will have a higher-pitched roof to accommodate a new vaulted ceiling. It has been rc'cently determinul that the foundation under the west wing is in unacceptable condition and must be replaced. As a result, tlie extent of removals along tlie west lot line wi II exceed the extent anticipated during the variance review. I he question is whether so little of this west wing will remain as to suggest that it should be considered as a rebuild, and if so, whether tlie west wall should be moved eastward to meet tlic required It)' setback. k. M04-.1066 4051 lii|>hwood Road March 24,2005 Page 2 Discussion ITic property owner was recently granted variances for lake setback and side setback in order to construct a partial second story, and reorient and expand first story roofiincs to a higher pitch for portions of the existing house that encroach the lake or side setbacks. Although hardcover was the primary topic addressed in the PC memo of 11 /8/04, Planning Commission spent considerable discussion (see minutes of 11 /15/04) as to whether the intended extent of construction should be considered as a remodel or a rebuild. The issue is that ifthis was a rebuild, the house should be relocated or redesigned to meet required setbacks, and hardcover should be brought into compliance. The submitted building plans do show wliat walls and elements arc intended to be replaced and what will stay. The staffsketch (Exhibit D) provides a basic summary of this. Applicant submitted an engineering irispection report regarding the foundation, that was basical ly inconclusive about tlic condition ofthe foundation under tlic west (older) portion of the house. Planning Commission concluded during the variance review that the extent of removals did not appear to quite rise to the level ofa total rebuild. The applicant did agree to certain hardcover removals. Since the variance was granted, tlic applicant has been issued a building permit and has gutted the interior, removed siding, and removed flooring and floor supports in the west wing. It is now obvious that tlic existing foundation of the west wing is virtual ly worthless and beyond repair, and mu.st be rtiilactxl; another option is to construct a new foundation inside it, and cantilever support out to the perimeter walls, leaving the existing foundation in place for cosmetic purposes. Ihc concern that con vincal staff to bring this back to tlic Phuining Commission and Council, is tliat all that will remain of the one-story west wing is the perimeter stud walls and sheathing. Ilie ceilingjoists, roof tni.s.ses and rmif will be rtplacetl with a vaulted ceiling and a new higlier-pitchcd roof; the fioorboiirds and floor joists arc already gone, and the foundation is unacceptable for re-use. Staff stopped the job on March 18, and in order to reach a conclusion in tlic most timely manner for the homeowner, immediately brought this to the Planning Commission as a di.scussion item for review on the 21st. Planning ('omntission Review and Recommendation The question posed to the Planning Commission at tlie March 2 1 meeting wxs, i f you had known that all that would be left of this portion of house is the perimeter 1 st story wall, would you have considered this as a rebuild and recommended that the house be re-designed to meet a 10’ setback? A Her discussion (.sec drafi minutes of 3/2 1 /05) and review of the photos, 5 of 6 Planning Commission members concluded tliat they woukj have considered this portion of the house as a rebuild, and would have recommended that the west wing be brought into confomiance to the side setback, noting that the space lost might be gained back in lengthening that wing northward toward the garage. It was not clear to staff whether PC would have required that the west wing also be offset northward so that Uic 75 ’ lakcshorc setback encroachment would also become conforming. Planning Commi.ssioncrs ilid di.scuss the fact that the cast wing is only 20 years old and in good shape, so they might not have required that it be moved out of the 0-75 ’ zone. Plamiing Commission also acknowledged that it would be in the best interests of both the Cii ^ .aid the property owner to have a proper foundation rather than cobbling the existing foundation together merely to satisfy the zoning issues. r #04-3066 4051 Hiebwood Road March 24.2005 Page 3 Staff Comments Is there still a valid hardship? The hardship for granting variances to allow upward home expansions that encroach required setbacks, is the pre-existing location of the house. To the extent that the house no longer exists, the hardship may become invalid. The City policy has been that i f more than 50% of the value of the house is removed, it is considered a “rd)uild”, and the policy has been that rebuilds must be conforming to hardcover, setbacks, etc. For the past 5 years or so the Council has attempted to hold rebuilds to a higher standard than less intensive remodeling projects. The basic premise is that site redevelopment is the only opportunity the City has to bring properties into conformity in terms of hardcover, setbacks, etc. One of the City’s goals, when it adopted roning standards that large numbers of existing properties didn’t meet, was to bring them into conformity as they redevelop, eventually resulting in a majority ofproperties meeting the standards. The zoning standards were established in furtherance of both environmental and “quality of life’’ goals. Determining whether the 50% threshold is crossed foranygiven project is somewhat subjective. Planning Commission has been working towards a new nonconforming structures ordinance which would define a more objective method of determination using value and volume, but this clfort has been stalled out in part due to last year’s revisions in State Statutes which broadened the ability ofproperty owners to maintain and replace (but not expand) nonconforming structures. Slaffis looking for direction on tliis application, and generally supports tlic Planning Commission’s position that a re-design may be appropriate. COUNCIL ACTION REQUESTED The property owner would like the City to allow his project to be completed within the envelope and setbacks as shown on the approved plans, without having to rc-dcsign now merely because more of the house will have to be replaced than anticipated. StafTis requesting Council’s confirmation that the project can go ahead as currently approved. I lowcvcr. ifCouncil concludes that the extent of removals is so great that the ho >se should be redesigned to meet setbacks, and that this is the time to eliminate a nonconformity rather than expand it and give it extended life, then the approvals granted in Resolution No. 5270 should be reconsidered. Option for Action 1 . Allow the project to proceed as approved; or 2. Require that the west wing constniction be re-designed to meet conforming side (and lake?) setbacks; or 3.Other. I A cmroFORONo INSPECTION NOTICE PERMIT NO. ADDRESS OWNER_________ CAllLOIN SCHEDULED COMPLETED TIME / I CONTR. TELEPHONE NO. I DESCRIPTION 01 FOOTINO 02 FRAMfNO 03 INSULATIOfI 04 WAUBD 05 FINAL 07 DEMO-8TTE 07 DCMO-FINAL 09 PLUMBING Rt 10 PLUMBING FINAL 11 MECHANICAL Rl 13 MECHANICAL FINAL 24/25 WOODBURNEfVFIREPUCE 12 WATER HOOK-UP 14 SEWER HOOK UP 27 SEPTIC MAJNT. 15 SEPnCINSTAa 23 SEPTIC FINAL 18 EXCAVAGRADINQ/FIUJNG 19 LAKESHORE/WETLANOS 34 TREE REMOVAL <j^TE INSPECTION 06 PROGRESS 21 COMPLAINT 22 FOLLOW UP 35 HARO COVER REMOVAL 36 FOUNOATION/REMOVAL OWNEfUCONTRACTOR TO MEET YOU:__YES i4:e»v ii\_JbAcL^d\ €Lm )T&. ^RK mUi.KgWf o Ml O WORK SATISFACTORV: PHOCCEO □ CORRECT WORK APnOCE CD Q ^i^RRECT WORK, CALL FOR REINSPCCTION G BEFORE CO^^NO □ CORRECT UNSAFE CONDtTION WITHIN INSPECTOR WILL RETURN HOURS. □ PROJECT COMPLETE □ iS^ CERTIFICATE OF OCCUPANC'< ________TEMPORARY ________PERMANENT CJIN STOP ORDER POSTED. CALL INSPtCTOR INSPECTION REQUtRED. CALL TO ARRANGE ACCESS □ PHOTO TAKEN □ OTATION ISSUED CaN for the next inspection 24 hours in advance. 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J •ft • - V t-.vV %*I La^. V- < /'^ - i*;M- .•.■ :Wt^ Si#5 I ^ ikiime I 4 ?• /A DATE TIME CITY OF ORONO INSPECTION NOTICE PERMIT NO CALLED IN SCHEDULED ADDRESS OWNER _ .___I. ■ - „ ,, COMPLETED jLi I I CONTR. TELEPHONE NO. g DESCRIPTION l«l 01 FOOTING u 11 MECHANICAL RJ 16 EXCAV/QRAOINQ/FILUNG « 02 FRAMING 13 MECHANICAL FINAL 19 LAKESHORE/WETLANOS ^ 03 INSULATION r\24/25 WOOD BURNER/FIREPLACE 34 TREE REMOVAL ^ 04 WALL BD.12 WATER HOOK UP tfT^TE INSPECTION ^ 05 FINAL 14 SEWER HOOK UP 06 PROGRESS J 07 DEMO-SHE 27 SEPTIC MAINT.21 CCMPLAiNT ^ 07 DEMO-FINAL 15 SEPTIC INSTALL,22 FOUOW-UP $ OB PLUMBING Rl 23 SEPTIC FINAL 35 HARO COVER REMOVAL ^ 10 PLUMBING FINAL 36 FOUNDATION/REMOVAL 51 § 2 OWNEfWCONTRACTOR TO MEET YOU; YES NO ITS:COMM^. _ .__________________ _________________ - TytxucUcHon m .♦ p » r o:s Ujoc f5 Iu:so f ~~T7^rgpra)gRt^ ChHu 4p Cippa CV^itiAil^iAci Tf roJ^(&L Uj U WORK SATISEACTOnY PHOCECD O CORRECT WORK S PROCEED Q >r€onRECT WORK. CALL rORREINSPCCnON BEFORE COVERINO8 □ CORRECT UNSAFE CONDITION WITHIN INSPECTOR WILL RETURN a PROJECT COMPLETE □ ISSUE CERTIFICATE OF OCCUPANCY ________TEMPORARY ________PERMANENT HOURS. ^^T LflN STOP ORDER POSTED CALL INSPECTOR INSIT.CTION REQUIRED CALL TO ARRANGE ACCESS a PHOTO TAKEN U OTATION ISSUED Call lor the next inspection 24 hours hi advance. (952) 249*4600 OwnerKkMitnutf^on site: Inspector _ White CofnrOntptctor^Canary Capy^la Nof lea - -i? C ■i »»c ' *;*XJ • •- ,rt- t * • ♦ * .r'>- : • Y?- '. A. . r- ‘‘ «i* .V/'IH W iV,V.®ffi^ ,»%%<•. , jJijy , ^ \ ■ ■“' >>T •• “V *' wi-' /. •^f I®/?.' ■ >' ■>r%^’i Si ^•*»funo^'y^'-'^ rt|^:^.;>v;:-^ ‘.*6.■'-•'( M- -V* .. *.y .rOViU •-'■ .- Jj 4 . r , • . »'^ - . . -^t -> • ■ . ^* • .^' ■ '-fl ■ -f '; F • :t 1^ iv . W ' - 7 ■ ■ *. • i -■ 1^ » 1^1 -I V •. J' *' ./*■ >--T;^-‘ ;<r . :. 7v, v^. • . . ,•.** -^ • • * ^»|. . ■ '-i .5'if„ ^. ( ;l »;<.:■i*fet?r'.:;Ef'&' •' > - #• ^|v * x/ri t ■>'^ y. If.Vj t !■« m. .. * i ^ ^ . 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WOOD TO EARTH SEPARATION 6* I l_ J I I I I I /T\ FRONT ELEVATION f'-V----Trr-S -H imir^MnlHI ■lliif■mijiiilIHIII> I liiiim^^iiiini;^^jiiiii*«^»wL ■ ■nil mil t* Mini ■iK^iii :2girmii jiiiijiiif ■IIII mil Jiiii mil jiiii jiiii mn mn jik^SS^i \ ■nil jiiiimii pnii inn mil ■nii mii jnii ■nii jiiii mii mii mr I mil iiiiMnii miriiiii ■mi imi iim miipmi miiiiiii ■nii ji III JIIII iiiti mn mil mil fiin mii imi iiiliimijNfinF^ mn i inn JIIII mil ■iiii jiiii mn iiin mn ■nil inlUmriiiii mn jiiii mil IIIII mil ■mi mn mn imi mn jmimii mn ■mi ■nii mi umiimn mil mil mil mn jmi jnn mn mn ■mi ■riii inn ii in jiiiijiiii mn ■niiimn mn mn ■mi mn mn mn mn imi i IIIII ■mi ■niiimiimil mn inii mn mn mn mn mn inn mn ■nil mil miiiiiiii mn jiiii ■nn mnmii jiiii inn jiiii jiiii iiii I mn imi mn mn mn mn mn mn mn mn jiiiijiiii ■iiii ii III mirmiiiiiin miimnmn mn mn minmii mn mil mn • III jiiiimii mil mil liiii mn ii iiiiijiin miijiiii JIIII jiiiimn i JIIII mil ■iiiimii jiin jiiiimii limn jiiiiimn mn mn mn m III ■nnmii mn mn iiin ■iiniij iiiirmirmii mil inn ■Miiiimifi linn JIIII JIIII mil jiiiimiimil imii mil JIIII mil mn mirm III IIIII miijiiii inn JIIII iiin n mil JIIII mil jiiiimn mn mn mn iiiii inn Hin 1111111111 mn mil mn mn mn mn mn mn mn iiiii lllll ■llll ■llll mn mi liiiimn JIIII miijiiii iiin jiiiri mil mif:mii mn 11111 jiiiijiiii • ■nil ■l•lfl■lll■l■l||f ■till IIIII Bll I JIIII mil mil iiiia imi ■ nn mnII mil mn -‘■■tinjifcii dll iiiijiiiimii ■iinmiimi liiiiijiiii III iijiiiimiij nil mil mil ■nil Hill mil I Hill mil HI •II Hill mil I ”ii mil Hill JI III Hill Hill I inn ■IIII IIIII Hill Hill HI II JIIII ■iiiiJt III JIIIIJIIII I IIIII Hiiimii IHIIIJIIIIIHI II JIIII Hill Hlllimn JIlll amTTill JIIII Hill H Hill mil mil Hiiimiimiimil I• feiirt ■nil ■IIII ■lllll■lllll■lll■ ■nil :»:5LM:x:r::3iiJnii kurjc: jrj.rsii l■llll■llll■llll■lIII JIIII JIIII iiin I mn ■nil ■nil JIIII ■ill ■nil JIIII ill imiimn JIIII ■ III mil ■nil JIIII I mil ■nil Hill JIIII ■liiiiiiiii JIIII ill f■nll■nll■llll■ zmXtnM inn ill■niij II ■mil iiiiiiiinn ill l■illl■ II ■milIII iiii IIIII ill ■mu iijiiii; iiiiiii Dili ■II l&r ■nil JIIII ■mi JIIII Jfiii Jill I ■IIII Hill jfinmii JIIII Jii in ■mi jmi JIIII ■mi JIIII ■ nil JIIII JIIII JIIII ■mi ■nn ■IIII ■nil JIIII jiiH Hill Jill I Hill Hill JIIII mil ■nn JII ill JIIII jmi mnmii JIIII ■ nil JIIII ■nil Hill JIIII JIIII ■nil ■nil ■iiiiiHiii JIIII Jill I Hill mil JIIII ■iiifiiiiijii Ilf iiinmif JIIII jniitintrj nil JIIII JIIII ■nil jiiiuiiii■nil ■nil ■nil Bnii ■nn ■iii r ” ipfsjnuBur^ --------1 SIDE ELEVATION -r w/vot •/ IMUC dA’A A «iao 9mmx M 10 ■ miaom, mumocm mn 10 mm mm VOL turn, io mmgn mmct u ..jjiiiimil ■iiiijiiiimii ■1111 imi m^^g • -f imn^>-r^-^<iiijiiiijmiin:! J ' Jiiii mu 1 1 ■■ I IIIII JIIII Hill Jill 1^1 ^|I1 iHiif ■mrinifmiillm^ ' "U" •/nitum o# a •«4«p rn/mam, mm Tdno« crtM lumiii toi «IMV. CXfFi COMA 1VAIL OA MAins rmm vw mm am rummm cmi a f«»« mil mn ■iiiiK ]nn — ii.t1immm —mm mm 1__1,iii-....f j^j^i ■m' aijniiimiinnjit inHiii mil JIIII ■ ll•lJlln9lll■tlll■niiJiiiimiiJiiiliiiHi JIIII jiiti ill icitri;! 1:1:111:1 ■tilt JIIII JMIliHII i wiii Hill inn H lljlltl Mil PllfJ BID SET mim 19 m 9 9^ fa OMT 10 Mwrwi MIKAJM T SfTiiCt • wniCf ponwi 0 mm*REAR EIi:\•AT10^^ i! Pi■ »• % A M<§' 3» I »«■ 1"* V .• s I SSI li A3 1 4'*l -<* H A. L^*AjL****ii**i iiiiiiiiiii HSi!i£iiiii!iiiiiiii 11 > < 1111 ■ 111 iiiiiiiiifiiiiiiiiiiifi ■iiiifiiiiiiriif fill |||ll||||llll■llll•li kiiiiiiiiiiitiiiiiif]| i^iiiiiiifiiiiiijiiiif ijiiiiiiiiiiiiiiiiii I iiiiiiiiiii iiiiififi 1lf!|ill|i|||||i||||f|| CONCEPT SET Shif1^ r c IVIINIti lSOF IIIK OKONO ri.ANNINi; I OMMISSION MKKI IN(^ MimdHy. IVIarth 21, 2(N)5 o'i'liK'k |MM. F oi iii*:k ism IKS Hm iiis( rssioN «n4*10(Wi WIM JAM AMI ANITA KOliSF, 4051 IIK.IIWOOH ROAD VARIANTFS Ciallioii iidiltcNsCil the PLitinin)* C unimissioii rc^arJii^*. the \aniince a|)t)heatiuii tor William aiu) Aiiita House. 40S| Ihpjtwood Roail, which was leviewecl ati<l approved a! the Niwemhei .^001 Plannin)* ( omimnstun meeting < ialiron stated the applicants at that time weie proposing to remodel an existing I \arnf one story house with i rawl space that eiu loai lied into the alleyway^ind a diainage way. At its November 2001 inceting. the llaiimri)’ ('ommission approved an add.itioii alnivc a poititui ol the house. the applicants at that time were planning to retain all the exterior walls arul foundation and renawc the tool. ( ianion stateil follow nig the coimneiu ement of woik on this pioject. the applicants ha\ e discoxered that the loundation Iroin the early I WOs is in a vcr> deteriorated condition and needs to be replaced. C 01111011 stated the builder has alreadv removed the flooi ami IhHU foists above this section of the loundation* with the ceiling to be removed, and that what m\l be remaining ol the existing stnicturc in this area ate the walls. c iaMron noteil tlir IManjnng i ‘ommission Imtl ongmally approved tins application as a remodel and not a rebuild (iaftioii staled in the |»ast the ('ily has attempted to ludit to the 50**o rule but that the i ‘itv*ii ordmatuTH d(» not elrarlv address this |>oltcy. Uallion noted state staintes liavc also changed to allow teplai ement orrioiu onloiniing stinctines Ciaflion ini|inied xvhetliei lire Planning i oniinission would haxe appiovetl this application witli tJie CUlTcnt .sctliack liom the ttlleyvVaV ll lliev liail lH:cn aware thal a poitioii «d the ttuiiulation wonhi Ik* lenioved Kahn indicated he would liave required a greater BCiback Kalin stated to lus recollection the lion! iliHir is almost on the pio|H'ilx line and that the rntiie dtixewax encmaches into the diam.ige xvav. OjiUs Stated the dnvew ay encnjaches into Uie alleyway Uiat the i ilv lus rented to Uiem. pAjji; 1 ikiH MINl'TKSOFTIIK. ORONO PI.ANNINC; f’OMIVIISSION MKI.TING IVIonday. March 21, 2005 6:00 o’clock p.m. Kahn noted in pnor silualums where the rouiidaliuii is (|iicstu)nable the riannin^' (’ommission has ic(|(iiied llic upplieanl u» ic-up|K*ar lH*f«*re the Planning (’onimission, (Jailrun indicated that was not part ot the discussion on tins application ami it was not im oi|»oiaied into the resoliilion Jurgens inquired whether a basement is lieing constructed. (iumllach indicated it woiilii leniain ciawl space. < i.iltion staled a |Miiiion ol the foundation wus con.sttuclcd in 19K4. which is in goml sI u|k.'. hut the portion of the loiindation coiistiucled in the eaily 1‘MlOs is the section that has deteriorated. Raliti inquired what the required stihack is. ('urtl.s inthcaletl the sliect setback is .15 feel and that the garage was leviewed as a Side yard setbaek, which IS 10 feel (iatlroii noted thcie W’us anothei situali'.in within the City wheie a property owner had removed everytlnng hut the haseinenl and the cap, which ended up being more than 50 |K-icenl of the lesidence. (iaitfon stated in that instance it was better to remove alt the walls ralhei than to try to preserve the walls. Rahn inquired whether the cap is remaining on this house f iallion staled the stud walls on the main llooi aiv remaining hut that Uie tloor and the tloor Joists have hern lemovrd above Uic dctenoratcd foundation (iallion iiHlicalcd the cuiieni ceding would also lie removed. Rahn mquiied how much of the foundation \\a.S eX|H».scd at llu' nine this application was reviewed by the Planning ('oinmissioti. Ilicmci noted die pictiiies ate Ironi ihr inside ol tlic crawl space. Jurgens stated it appears from the picluies that the iound.ition had I htii sealed on the oijisidp. PACiE 2 MINIITKSOK niK. OKOINO PI.ANN1N<; COMMISSION MK> IINC; Mondiiy, Marili 21. 2005 (i:00 n'rloi'k |i.ni. C'utlis noted the applicants did have o structural cnftinccr liHik at the rouiuiatum that mdicalctl he Ihoii^hl the loiii’dulitni would he iide(|ualc l*iil ih... tic ireoniinciideil aiiollirr prison also liuik at die foundation. (ialhoii Nlated die siafiiie now allows |H-ople to leplaee noiu onroinini|t sliiu lines, and dial die issue becomes whether a jtreater setback would have been required at the liine tins apiiliealion w.is oin-.mally leviewcd ll ll had In ’cii known dial (he roiiiuialion neeiled to Ik* leplai eil (iattion sl.iieil one oplioii would he to deeiease the width ol the hou.se by five tccl. tiallion noted tins ap|)licaliori woiiUI he appealnn>. iH loie the ('ily (’onneil a! its Mau li 2S'*‘ nieeliin* liitp.eiis staled if die applicants choose to tear down that entire section ol the house, he would prefer tliey nieel the leqiiiied selhack. Rahil eoninirnird dial the atnount ol original wall tliat would be retained is vcr>’ small. Kahn slated the dillcteiu e liciween whal was appioveil and what is iKMiip pioposed is that the lesideiue will now Ik* MlliiiK on a new foundation liallfon coinriienled since the City «lul apptove the iiiipioveinenls io the house in dial liH alion, that it would Ik* leasihle Io make the house the best qiintilv ll can Ik* (iailion stated It is likcl) the applicant Will want to retain the orininal vsalls lo avoid the need to meet the iet|inied setback Kahn iiii|inied how w ide dial pnition of the house is < iallton indicoted it is 2K IccI wide. K'diii slaletl the Cilv shmihl liv lo make this house coinphanl Wiiikrv noied the I’lanninj: < onimission at the lime it approved this application ihoiip,lil the loundaiion Wu.s luleiiiiale Kahn iioied one of die leasoiis given by npidicnnts lor not relocating a residence Is the tact dial die luundation is in PihhI sh.i|H' Kuhn staled || the IMannmp ('oniniission had known dial this foiiiidalton was iiol III giHsI condilion. ihev would have irqiiiied a |0-|onl setback JuiKcns stated in his opinion this lu-S Ijcconu* u lehmld lalhei lh.m a leiiHslel pioieci MINUTES OF THE ORONO PLANNINC; C'OMMISSION MEETING MoRdiy,Mariti2l,2005 6:00 o’clock Raha moved, Wiakey secoaded, to recommend that ApplichfioD #04-3066, William and Anita Rome, 4051 Hi^hwood Road, be rcqnircd to meet the 10-foot setback if the applicants elect to substantially repair or replace the existing foundation. VOTE: Ayes 5, Nays I, Bremer opposed. PAGE 4 HKT" ITDiO 4-3066, William aad Anita ck if tkc applicants elect to es 5, Naj-s I, Bremer opposed. CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO.•*5 , V A ki:SO|,lITION tiKANITNt; VARIAN^ r.S 11) MII.NK'IPAI, /ONINC ( SKf ’ I ION 7« VMI SOItmVISIOiN It AM) SIX'I ION 7H-128S SUBDIVISION A FlU: NO. 04-.U)6(» "IIERKAS, William K Koiisc and Anita M. Rouse, husband and wife ( icicmal Cl •‘llK- aiiphcanls’’) aic llu owncis ol the inopaiy locatcil at 40S1 Ihi-hwood Road witlmi tiu- (’iiy ol Orono (hcrciiianci the "rity") and Irj^ally described as lolb.ws ■I tact A. RcKisicied Land Survey No 1420. files of Rcyisira, of Titles. Hennepin County. Minnesota (hereinallcr the "property ”); and " applicants have made uppliealion to the City of Oiono Joi a vaiiance to Orono Municipal Zoiiinj- Code Section 78-.LRI Subdivision H to alKm a Side setback ol 9.3’ in oidei to leoi ient the loofline on the c.sislini', detached v'aiar.c. and " t'PpJieanls have made application to the City of (irono lor a vaii.ince to Oioiu) Municipal /oiiiiiy. Code Section 7S-330 Subdivision H to allou a .side setback ol 4.3’ in older to leoiicni the roollinc on the exislini- home in c.nipinction with II pailnil second stoiy addition, and VMIKRI.AS, the applic.iiils have in.idc apj>Iication to the City of Unmo lot a variance to On.no Municipal /onme. ( ode Section VS 1 2SS Sul.division A to allow a .sciond sioiy to be constructed over the cMsIiii.’ boni'.’ uiihin 75’ ol the t )I!\V| NOW, ITII HLIORE HI I I RI SOI \ F.D bv the ( itv ( ouncil of Orono, Minne.soia PlNDlMiS 1 1 bis application was icvicwcd as Zoning l ile f/04 30(.(» 2 The piopnty i.s located m the I R-IH, One I .uitily l akcshorc Kesidciiti.d Zoning. Distiui winch teipnies a minimum lot area of 21.780 .s f or ‘ i acre and a mminuuu lot width ol 140'. Rage 1 of 5 ► CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.' * ^ I» t 4 ,t 3.The IMaimiiit’ Coiiiinission leviewcil litis applieatioii at a publie licaiinp, licM oil Nnvcmbei IS. 2004 anti ircoinincmlnl approval of lit'’ snle scihaek vaiianecs haset! on llic follow ni)’, rnnlnn’s H. rite applicanls' piopcrty has ?2,2IS s I. or 14 aeie in aiea .nul 90' of w idth al the slioic mid VS' ol w idth at the 7S ‘ setback. b. No additional land is available loi aainisilion by the applicants to make llit piopcilyeoiifoiininp, in aic.i oi width c. I he applicants aie piop«)sinv. to leoiicnt the looHiiirs, no atklitional livinp, space IS proposed w ithin the snlislaiiilanl setbacks d. line to the location ofthe hi>nic any adilitions «»r alieiations t«» the west side of the house and detached p.iiacc icipnie vaiiances. e There is no available lainl to piiichase to make the exislitig sitlc setbacks conlonmny. f. The applicants aic pit'posmj ’. to iemt>vc poitions of nonconlonitinr. haidcovci ill ctinjiiiK tioii with setback vaiiance appiovals g, .Since the home aiul Mibsci|ucnt addition wcie oiiginallv constiiicted the shoichne has eioded mikinv, the pirvionsly contorining lake selb.u k itonconloiinnic. I he (Tty t'oiim il lus lamsiileictl this application mchidine, the riiidings and lecommendalion «>f the IMannniy’. ('«>nmnsMon. lepoits by LTtv staff, ctuiimeiits by the .ipphc.ints anil the public, and the effect ofthe pioposed vaiiaiice on the heallli, salrtv and w elfaic of tlie coiiiimiiiit\ The City Conncil Imds that the eoiidilioiis eMslinc, on this propcity arc paiih.it to It and do not applv yeiici.illv to otliei piopeity in this /onmg disiiut. ftiii c.i.inting the vaiiance would not advetscly altcci tiatfic coiidr.ioiis, licht. an iioi pose a Inc ha.Mid oi other danc.ei to nnp.l;l»otii|g pic.peit). v.onid not meicly sei\e as a com cnicncc to the applic.iiits. hut i.s nrccss.iiy to alienate a deiiionsliahle h.udsinp oi ilifticiihv, is iircrssan to picscixc a subst.intial piopcily tight of the apidicants. atui would he in I’agc 2 ol 5 I' ClTYofORONO RESOLUTION OF THE CITY COUNCIL NO ' 'j' -J kft piiiy; with llu' spiiit :iiul intnil of llic Zoning Code and Coinpichcnsivc I’laii ol llu* City. < ().N( MISIONS,OUI>FK ANIK'ONIM I IO.NS H.r.cil upon «mc or iikmc of the above liiulmys, the Oioiio Tity Ctnmeil heicby X.iiiiils a variniKC to ()iono Mtmicip.il Zoninj', Code Section 78 330 Subilivision H to allow .side M*lbas:ks of 0.3’ loi tiu* dclaclictl p.aiaj'c am* 4 3’ for the c.xistmj ’ home in oiilei to icoiieiii the* loolhiics ill coiinmclioii with a paitial second .story addition, a variance to Oioiio Mtiiiu ipal Zoning Code .Seetioii 78 I28.S Subdivision A lo allow a seettnd sloiy to he eoiistiiK ied over the exisliii}.; home within 75 ’ of the UlIWl, and hardcover removals, Mihjeet to the (oHowinv. eonditioiis; 1. TA. . Couneil appioval is ha?ied on the .site pl.in .siiiniiitted by the ap|dieaiiis and iiiiiiotated by City fitaff, altacbcil l«> this kestdiition as I'.xhibit A. Any aiiiendiiients lo the site plan which aie not in coiifoiinily with City coiles will letpiiie fiiilhn I’latuiinp, Commission ami CilyCo,incil levicw. Ilaidcovri in the 0 75' /one .shall m>l iiicrcasc above the level of 12.b%. Il.mli tivei III the 75 250' /one .sh.ill be Iniiiled to 4.820 .s f oi 33% pci the pioposctl pl.m ami liatdeovrt allowance sninniary a.s depicted on bxlnbit A Applic.inis aie ailviscil that any fiiliiic icipiests lo iiieicase haidcovci or chaiiv.e the nainic t*l c\isiui}i''appiovctl hardcover shall ic(|inie City approval, and iiK le.t'.cs ill li.ndcovei will not likely be appioved without coiiciiiiciit lednction in cMsime. liaidcovei. Applicants shall rcniovc all plastic pi fabnc hner in.iiciial liom the decorative l.iiidscapc bctls on the propeity to cin.ine then pcime.ibibly as non hauicosei sui laces 4 Reipiired icinovals of structuic and hardcover shall be coinjdclcil by the liiul iii.speclion 5 .^utllolilles I’lanlrd by this icno Iu Iioii iuii with the piopcity lu'l with the applicants, but aic pcnnussivc only and nni.st be excici.scd by obl.nmni> a InuKImg peimit foi the new coiisiiiulion within one ye.ii of the date of Council appioval. or the \ anance will c\pne on that dale (December 13, ,’IH)S) raxc 3 of 5 m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. V 6. Violation of or non-compliance with any of the temis and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 7.The undersigned applicants have read, understand and hereby agree to the terms of tliis resolution and on behalf of the applicants and the applicants’ heirs, successors 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 13*'’ day of December, 2004. ATTEST: '•V I ».( I <-^r U/U.Sd k Jb l' Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Li. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13'’’ day of December, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. /ay. "Notary Public \ JACKIE YC’-IG NOTX'tv Fva.:c Page 4 of 5 I GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO, ____ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing inslninient was acknowledged before me on this day of Oain Jx- 2004 by Linda S. Vcc, City Clerk of the City of Orono, a Minnesota municipal coiporation and said instnimciU was executed on behalf of the City. R/.CH u L OODC'" ■--il ■' '' ‘ /,' rv I. ^ ^-^cc f . .7 Notary Public STATE OF MINNESOTA COUN TY OF HENNEPIN This instrument was acknowledged before me this day of _.3 ^ by William R. Rouse, husband of Anita M. Rouse. C:mGEM.LESK!N::: l; notary PueucMiNucsorA (•<m MrCowrtwnnEJipWMJsfl 3’. , . I nil........... " • • STA IE OF MINNESO fA COUNTY OF HENNEPIN This instuimcnt was acknowledged before me this j* j day of *1 i . 2004 by Anita M. Rouse, w ife of William R. Rouse. ■ • ■ /I I ' y Mr C:N!SE M. LESKINEM notary PUOUC WIWirSOT^^ y Cn<TimoiKn£v-tTS I . . \ i-i I /-> r, / Notary Pubke Irik /Al AA/ Pa^e 5 of 5 %HiftirA CERTIFICATE OF SURVEY FOR WILLIAM R. ROUSE OF TRACT A, R.L.S. NO. 1420 HENNEPIN COUNTY. MINNESOTA b^ir WYSSiK 11 CM wsoyTO i py tract A. Ragitlarad land Wo t420, riaa at Ma^rar at Marwpai CouMif. MMmU 0 d«iattl «#on rrvjrfcar MINNETONKA WEST ARM darvttt tpat fit^afion. rfiMA aM t*»il ditwr^ 0a«M9t «Ao«n art boMd apan on ottianod dolwm fNt Itia 0# ItW tboat OmrM root^tr locoilOA of Ihrto t««ttv«9 tnO iKolian af di v«t*lt "hardcavai'* lharaao n data not puporl lo afioa ona oINar •no'Ovamanla ar ancr--*------- a*ti attciavivM i - . ORONBCRCJ AND ^ ASBOCIATCS, INC. ^ CONOUITINO tNOINftW*. f CANO ounvrrono. r ANO OITC f»LANNtnil aiNOOTMiWiawoo ionolam ••• s\y% .^a«iia«iiM I w > a>A aa*ay* KAU r»jfr ■ i»r mmc <H-3a» oa-j«s nu MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15,2004 6:00 o’clock p.m. 9. #04-3066 WILLIAM AND ANITA ROUSE, 4051 HIGHWOOD ROAD - VARIANCES, 8:13 p.m.-8:46 p.m. William Rouse, Applicant, was present. Curtis stated the applicants are requesting a side setback variance in order to reorient the roof of the house and the garage within the 10 ’ side setback and are also requesting a lake setback variance in order to add a second story over a portion of the existing home within 75’ of the ordinary high water level. Curtis noted although the applicants are not requesting hardcover variances, they are proposing some reductions in hardcover as part of this application. Staff recommends approval of the side setback and the lake setback variances as requested in conjunction with the removal of hardcover within the 0-75 ’ and 75’-250 ’ setback zones as the Planning Commission deems appropriate. Staff finds there is a hardship given the location of the existing home and garage with respect to the 10 ’ side and 75’ lake setbacks. Curtis noted the existing home at one time did meet the 75’ lake setback requirement prior to some erosion that has occurred on the property. Rouse had nothing to add to Staffs report Rahn called for public comments. There were no public comments regarding this application. Leslie inquired what the value of the improvements is relative to the value of the house. Iu;slic questioned whether this should be considered a rebuild or new construction. / Curtis indicated she docs not know the value of the improvements and that Staff is viewing it as a remodel and addition. Rouse stated they arc adding up above the cast side of the house and basically taking a one-story rambler and making it a story and a half cape cod. Rouse indicated two bedrooms would be constructed above the cast side, with the rooflinc being changed to meet the upper story. Fritzler inquired whether there is presently a room upstairs. Rouse indicated there is not. Frit/.Icr inquired whether the first floor ceilings arc being raised as part of this project. Rouse indicated a portion of the ceiling on the first floor is being raised to ten feet and part of it is remaining at eight foot Rahn inquired where the eight-foot walls are located. PAGE 22 J r MINUTES OF THE ORONO PLANNING COMMISSION MEETINC; Monday, November 15,2004 6:00 o ’clock p.m. (#04-3066 WILLIAM AND ANITA ROUSE, CONTINUED) Rouse stated the eight-foot walls arc located on the backside of the house up above the two windows and would remain at eight foot, with the same load-bearing wall going down the middle of the house being utilized. Rahn inquired whether the house is being demolished down to the cap. Rouse stated no walls would be removed, with two-foot walls being added on top of the eight-foot walls. Rouse indicated the walls are presently 2’ by 4* and would be made into 2’ by 6*. Rahn inquired whether an engineer is designing the walls. Rouse stated there is. Rahn pointed out as a result of the addition of the two-foot wall, there would be a hinge in the wall. Rouse indicated he is aware of that and that every third 2' by 4* would be continuous. Bremer commented this is similar to a property being rebuilt currently on SliadywiMnl. Bremer noted the Planning Commission did allow the property owners in that instance to remove the riMif of a rambler and construct a second flcKir. Bremer stated it is a lough call at limes to decide whether this is a rebuild or a remodel. Rouse stated financially he considers it a remodel. Rahn inquired whether the two-story area is in a conforming liKation. Curtis stated there is one portion encroaching into the 0-75’ zone, with the deck remaining as well. Rahn noted the encroachment is due to erosion. Rouse stated there would he no addition within the encroachment. Rouse stated one side of the house was built in the early 1900’s, with the other side of the house being constructed in 1984. Rouse indicated the addition is going over the house that was built later. Rahn inquired whether there is a door on the side of the house that abuts the alley. Rou.se stated there is not. Rou.se indicated there arc steps off the deck in that area. Ix'slic noted there is a substantial anmunt of hardcover on the lot, and questioned if this would be considered a rebuild, would the amount of hardcover be approved. PAGE 23 MINUTES OF THE OKONO PLANNINC: COMMISSION MEETING Monday, November 15,2004 6:00 o ’clock p.m. (MH-3066 WILLIAM AND ANITA ROUSE, CONTINUED) Rouse indicated he is willing to reduce the hardcover in the 0-75’ zone consisting of five square feet of plastic and 26 square feet of wood borders. In the 7S-2SO’ setback, 466 square feet of concrete would be removed, in addition to some rock and plastic and another 108 square feet of riKk borders. Rouse indicated almost 1000 square feet of hardcover would Ik* removed as part of this project. Rouse stated he is looking at putting approximately 200 square feet of stepping stones from the garage to the house. Rouse indicated those reductions would lower the hardcover from 39.3 percent to 33.8 percent. Rouse noted his hardcover calculations do include the plastic underlayment. ! I Kahn stated in his view the u4iole lakeside wall is going to be reconstructed and nut much is going to be remaining but the cap of the structure and 16 lineal feet of eight-foot wall. Rahn inquired whether the City has passed any ordinances relating to dcicrminulion of renKidet versus rebuild. Gaflrun staled the ordinances are still in the discussion stage, (iaffron indicated applicants arc told that if nuirc than 50 |K*rcent of the existing value of the Ih>usc is renMived, that SlatThas In l<K)k at it as a rebuild and not a reiiHHlcl. (iaffron stated there is some ambiguity in determining the value and 50 percent. Kou.se slated he has received four bids and in none of the bids do the walls come down. Kahn inquired whether the layout of the first lliMir would change. Rouse stated some of the internal walls would cliangc as far as the layout itself, with the load bearing walls remaining. Kahn stated the C'lty should require demolition plans to give Staff a licller idea of what is being removed. Rahn commented in his opinion Uie majonty ol the intenor walls would be removed as well as increasing the height. Rouse slated the older area ol the house consists basically of a small batliroom, a smalt bedroom, and a small eating area, which are basically one room. Rouse indicated there arc no intenor walls in that area. I'lil/lci iiu|uired whether the balhrtMiin would reniuiri. Kouse indicated the bathruuin would nut remain. rrii/ler stated in lus opinion tlie bump out wall could disappear. Rouse slated there arc m» plans to change the outside structure, with all llic exterior walls remaining. Kahn staled the addition of the lieaders would change the outside of llie structure. Rouse stated the sliding gloss doors exist today. ft;PAGE 24 MINIITKS OF THE ORONO PLANNING COMMISSION MEETING Moadiy, November 15,2004 6:00 o’clock p.m. (H04-3066 WILLIAM AND ANITA ROUSE, CONTINUED) Rahn inquired whether the lake view wall is going to remain as is. Rouse stated some of the windows currently exist and some will be added. Ix'slic stated if this were considered a rebuild, the Planning Commission would require some reductions in hardcover. leslic suited in his opinion the Planning Commission would require the removal of the plastic, removal of the concrete, as well as a reduction in the blacktop along the side of the existing garage. Jurgens stated the deck in fhmt of the cottage could also be removed. Jurgens inquired whether there is plumbing in the little shed. Rouse stated there is. Jurgens inquired whether there is a conditional use |x*nnit for the plumbing. Rouse stated he is not able t» answer that Ciaffron stated if the plumbing was pre-existing prior to the requirement of a conditional u.sc |Krmit, it probably d«Ks not liavc one. Gaffron staled the plumbing in accessory buildings conditional use permit has only been in existence for approximately five years. Rouse pointed out the entryway is from the west side. Jurgens noted a lot of the driveway is within the alley and is not Ixing included in the hardcover calculations. Rou.se stated he has a concern since llighwm»d is a very dark, narrow road and that he prefers to back into the blacktop space from a safely perspective. Rouse stated the road is at approximately a 960' elevation and IS reduced to 944* by the walkway. Rouse staled the water that comes through that area following a heavy rain is four to eight inches. Jurgens inquired what the shed is used for. Jurgens noted the .shed is considered hardcover and that if it is not used frequently, it could perhaps be eliminated. Rouse stated it is u.sed as a guesthouse and he would like to retain it. Rouse indicated he docs not want to disrupt the vegetation below the wooden walkway given the water runoff m that area. Fril/ler stated there is excessive hanicover on this lot and that the applicant needs to reduce some of it. hritzlcr indicated m his opmion some of the driveway could also be removed. I'ntzicr noted that gravel is considered hardcover. PAGE 25 II MINUTES OF TIIK OKONO PLANNINCi C:OMMISSION MKKTINO Moaday, November IS, 2004 6:00 o’clock p.m. (004-3066 WIIJJAM ANII ANITA KCMISK, C'ONTINIIKI)) Rouse stated backing out on the street docs not make sense from a safety standpoint. I^slic inquired whether he could back out onto the alley. Rahn staled the alley could be the backup apron. Rou.se .suggested the blacktop |M>i1ion of the alley I k* made straight. Frit/lcr stated the alley is public property and that tbe pro|)crty owner would not get credit for removing hardcover from the alley. Rou.se coninicntcd the removal of hardcover from the alley would accoinpli.sh a reduction in hardcover. C'urtis stated the applicant docs u right by a rc.solution adopted in 2(K)2 to maintain and use that imuI ioii of the alley for Ins driveway. Winkey inquired wltcUicr the applicant c<iuld lemove hardcover fiom the alley. Curtis stated the applicant could remove hardcover from the alley. riaffron noted this property has lH*en given special dispensation years ago and that the applicant can remove tlic hardcover from tlie alley. Kempf staled if the applicant is agreeable to removing some ol the blacktop from the alley, tliat that would help to accomplish the goal ot reducing the hatdeover in Ihi.v area. Curtis sialetl with the appliconi's original proposals, the hardcover would be reduced to 33.8, which includes tlic addition of the 2(M) square feet of pavers to access the garage. Rmise siaicil the 20o square Icct would be the maximum and that he is considering stepping stones in tliat area. Rahn staled the only additional remov’al ol liardcovcr the Planning C'ommission is drscusslng is the IKution of die blacktop alley. nienier requested the applicant esplatn what he is proposing to do with the alley. Rouse nuiieated that he is pio|Mismg to make the :dleyway straighler. Rouse noted tlierc is a slight elevation change m the aiea by the garage and that presently tlicre are timbers in tliat aiea. Juigens iiu|uiied whether the applicant wrHild I k* willing to reduce hardcover lurthcr up on the lot rather than down lH*h»w. Jurgens noietl the alley orea where the applicant is proposing to reduce the luidcover PACiB 26 r” MINUTES OF THE ORONO PI.ANNIN(i COMMISSION MEETING Moaday, November 15,2004 6:00 o’clock p.m. (M04-5066 WIIJ.IAM AND ANITA ROUSE, CONTINUED) could accommodate two cars and that the maneuver out of the garage with the applicant’s suggested removal of hardcover would become much more difTicult. Rouse stated he would prefer to lose the hardcover in the driveway area rather than further up «»n the lot. Rouse stated he would like to make one walkway coming from the garage rather than coming down the slope. JarRCBS moved, l.«slic iccoaded, to rccommcad approval of Application #04-5066, William and Anita Ronsc, 4051 Highwood Road, granting of a side setback variance and a lake setback variance in order to reorient the roof of the house and the garage, with the stipulation that hardcover will be reduced to a level of 53 percent In the 75’-250’ zone and 12.65 percent In the 0-75’, with the understanding there will be some reduction In the amount of blacktop in the alley. VOTE: Ayes 7, Nays 0. 10. #04-5067 I.ECY < ’ONSTRUCI ION ON UEIIAI.E OF DENNIS AND AMANDA WAI.SII, 1354 REST POINT LANE - VARIANCF.S, 8:47 p.m. - 9:28 p.m. 1 K-nnis and Amanda Walsh, Applicants, were present. (iundlach stated the applicants arc requesting a hardcover variance to |H‘rmit 2').S9 percent hardcover within the 75 ’-250' zone when 25 ’ percent is allowed. Currently there is almost 45 percent hardcover in the 75'-25()’ area. 1 he property consists of .72 acres. Chimllach indicated tlic properly received an after-the-fact hardcover s'anance for a deck in 1999, with approval ol a 2 ‘>.o percent hardcover. .Staff tecomnH'nds approval of the hardcover request to permit 29.89 percent hardcover within the 75*-250' /one with the following stipulations I. 'nic wood chip area located in the southeast corner of the lot and following the eastern lot line (not .shown on the surveys) sliall be re-vegetated with grass or the fabric liner shall be removed to allow water infiltration. 3. I he wchkI limlHrr walls und rock bordcis that have a|>|X'arcd since the Ivariance approval shall Ik reiiM>ved as shown ou the removal plan attached as lixlulnt G. I he landscafK UK*k shown on the pro|x>scd survey and lalxded as “not hardcover** must be removed as the existing rixk has become compacted. PAGE 27 MINIITKS OK Till: ORONO CITY COUNC IL MF.ETINO Monday, December 13, 2004 7:00 o’clock p.m. (to. M04-3060 MICHAEL A DONNA EBERTZ, 1220 TONKAH'A ROAD, Continued) GafTron staled he would prefer to bring this application back before the Council at their next meeting after he has time to review the history of this property. libert/ questioned whether he would be better off removing the boulder wall than having to deal with all the outstanding issues Ich by the previous owner. Peterson noted these issues would need to be dealt with in the future if the applicant should decide to build onto his house. Murphy inquired whether the applicant is agreeable to tabling the application. Lbertz stated he is. Murphy moved, Sansevere seconded, to table Application 1104-3060, Michael and Donna Kbertz, 1220 Tonkawa Road. VOTE: Ayes 5, Nays 0. ('urtis inquired whether the applicants have implemented what the City Engineer has recommended to prepare the site for the winter and spring. Mrs. KIk’iI/, slated they have. *11. #04-3066 WILLIAM & ANITA ROUSE, 4051 lll<iilW(M)D ROAD - VARIANC'ES - RKSOl.UTION NO. 5270 Murphy moved. While seconded, to adopt RESOLUTION NO. 5270, a Resolution Granting Side Setback Variances and a Lake Setback Variance for Bill and Anita Rouse, 4051 lligbwood Road. VOTE; Ayes 5, Nays 0. 12. W04-.3067 I.ECY CON.STRUCTION ON BEHALF OF DENNIS AND AMANDA WAI-SII, 1354 RE.S I POINT LANE - VARIANCES - RFISOLUTION NO. 525V Amanda and Dennis Walsh, Applicants, were present (iaffron staled at the last C'ouncil meeting action was taken to approve the requested variances and allow the entire gravel parking/snow storage area to remain. After tlie applicant had left the building, the Council voted 5-0 to reconsider, and directed Stall li» attempt to obtain an easeiiK'nt for the snow storage area from the applicant. Since the meeting StalThas asked the applicant if he would be willing to grant an easement, with the applicant indicating that he is opposed to the easeoKnl. < iai lron indicated a number of agreements w ere proposed, w itli one agreement granting the City the right to tcmporanly use the properly for the |>urpo.scs of snow storage for a jKiiod of ten years. Ciaffron stated under this agi cement the ('ity would agree to pave the area to minimi/e the amount of crushed riKk that is currently de|>osited from the snow storage area onto the owner’s l.iwn, I Ins agreement would be binding upon liiture owners of the property but would expire after ten years (iailron indicated it is Staffs understanding the applicants arc agreeable to entering into this agreement but in Staffs |xrrs|Kctive the agreement is Hawed in a numtier of w ays. PAGE IS I L « L NOV. i\)\in nncnor oiocr nor ur 2004 11/05 11:29 FAX lOOSOI INSTANT TOSTING/ALLIBD no. 4U55 r. / Gbooi IT == C0 INSTANT TESTING COMPANY 4000 BEAU 0HTJEDIUVE*EAQA:<f.MN SSm FH0N£; 6S1<4S4«)S44 • FAX: 6SMSMS20 F- QjQ ANNIVERSARY 19 98 November 5, 2004 Mr. Perry Herdel 4080 Orelnveod Cirole Prior Lake^ Minnesota S5272 •771-CM Ke: 4051 JUgbweed Read (Bill Anita Rouse Residence) Orono/ Hennepin County« Minnesota As requested> a site visit was conducted on November 3, 2004 at 12:15 P.N. to evaluate subgracle soils and structural aspects of a eaisting residence, for a proposed ^remodeling project. A building plan prepared by Custom Design 4 Drafting,* Znc. dated October 1, 2004 was conveyed to us prior to the.-inspection. The existing raaldanoe* located on a lakeehore lot, occupies a “L" shaped foot print and cenMiata of a original aaction in the west and a east addition completed in later years. Access to view supporting eomponants of the residenee was provided through a interior orawl space opening, a amall aeoaaa door on tha west aide and a vent grate in the east. Although the viewing area was limited, some aspects of tha structural, oomponants, par foundation plats 4/Al of tha building plan were notod. % Observations mads through tha vast aooese door, near the NW oomar of the structure, provided a limited, vigw of the west foundation wall. The foundation in this urea was comprised of non-uniform components consisting of sol1:1 maaonry brloka and eonerste bleoka forming a wall of undoterminc:! width. Floor joist configuration appeared to be of 2** x 6" at '.!4** O.C., with the 1st joist parallel to the foundation, supported liy concreta blocka. No datamiination could be Rkade on existing easl./west beams or other piers and lootings providing support. The east addition Indicated 2** x 1?** floor joists at 14" O.C. and a oantral aast/west laailnated beam, no piers or footings for tha beau were noted in viewed area. Based on mtasuraments taken through the east ventilation grate we, would assume e B" oonorete block fotindetion for the newer addition. Based on the Hennepin County nurfical gaology map, soils within the area ara classlflel as DTC - clayey till, fine loamy to clayey colluvium. These n.'turxl ooourtlng aubgrade soils are normally considered acceptab1 - for construction. To evaluate the relative boaring capacity ot the soils below the atructura, e dynamic cone penetrometer test was conducted within the interior orawl apaee on the soils at fioting elevation. The dynamic cone wo. <IU!)D MPANY A ‘ Lv '0 0^ ANNIVERSARYI 1998 ideace) renber 3, 2004 at Btural asfieeta of a project, h building . dated October 1, 1. lot, occupies a il aeetlen in the wast Access to view 'Ided through a lor on the weet aide ring area was limited, foundation plate 4/Al »e«r the rw comer >e watt foundation of non-uniform ad ceaerata bleeka ist configuration 1st joist parallel Ro daiarmination her piers and Indicated 2” x I?** t laaiinated beam. ( ewed area. Based on grate we, would ewer addition. ftp, soils tin, fine loamy to Ida soils are To evaluate the ft structure, a ihin the interior The dynamic cone Nov. !). 2004 12:33PM Anchor Block NBI' \ir M04 11/05 11: M PAI 5g06l{ IHSTAW TB3T1N6/ALLIBD No.P. i 0)002 0^0 blow p« foot (BPF) otuidord pHiotootlon toll b“lJn,s?r Dynamic Gone Penetrometer Test Wf PfPth Ear-Blow Am. / M-Value gatiwated Load S3« MH (13.2”) 14.5 14M / w-21 7000 PSP Exterior and intaricr observations of the rasidanoa indioatad no apparent structure, streas based on soil atrength or elements of ® toundntion or supporting structural mambers. fiblla SOTO of the components, par plan 4/Al could be verified, many oatails such as beam dimensic^s and supporting plars eeuld not be fully a^rasaad during this l:)speetlon. Although the original (wast •***?®J?‘* J® loading for the new constructiJn,aome sections of the foundation may lack uniform eapaclty and the atruetural ^enents appe... to be leas substantial then thoae observed wltUn the mer eas: addition. Ne would therefore anticipate the xnstallation ot additional floor joists and supports •• ■Ircadj recafnroended by tli0 contractor* * In our opinion, based on the •iforemntioned test tad observations, the si^grada soils below the residence would be expected to meet or exceed the leadbaaring ragulremants for the proposed construction. We would however raticipata tlie addition of aoma atruetural alaments, primarily within the west section of the residence, as part of the new oenstructlon. Also, we would recomnend a review by a structural engineer os part of the overall constmetion plan. Sincerely, Instant Tasting Company Gary Shindish Senior Enginaaring/Inspacter CC: Perry (Pax: ^52-473-3396) #701 - 1 / #605 - 2 / #306 (1) OCP / #612 - 53 ( V Dale Application Received: 12-22-04 Date Applicalloa Considered as Complete: 01-06-05 60-Day Review Period Expiration • Extension: 05-06-05 COMM/'ii MrPTlMn MAH 2 8 2005 Cl IY Or REQUEST FOR COUNaL ACTION Date: March 22,2005 Item No. V Department Approval: a Name: Melanie Curtis Hy Title: City Planner ' Administrator Approval:Agenda Section: Item Description: #05-3074 - Sean & Melissa Wambold - 1379 Park Drive - After-the-Fact CUP & Variances Zoning District: Lot Area: LR-IB, One Family Lakeshore Residential, 1-acrc 1.3 acre (56,845 s.f.) List of Exhibits: A. Revised Plans & Plan Reviewed by PC on 02-22-05 B. PC Memos & Exhibits of 01-06-05 & 02-15-05 C. 60-Day Review Extension D. City Engineer Letter Review of Revised Plan E. PC Action Notices F. PC Minutes from January and February Application Summary: 'ITie applicants recently purchased the property at 1379 Park Drive. After purcha.sing the property they were notified that the retaining walls and hardcover in the lakeshore yard was installed by the previous owner without proper City permits. As their intent is to do remodeling including a small addition in the future the applicants would like to bring the property into compliance. This application was tabled at the January Planning Commission meeting in order to provide the applicants time to work with a landscape professional to redesign and remove hardcover. For the February meeting the applicants provided a revised proposal with removals resulting in 25% hardcover within the 75’-250’ setback zone and 268 s.f of hardcover within the 0-75’ zone. Although, the applicants have provided yet another .set of revised plans meeting Staff and the Pfenning Commi.ssion’s direction at the February meeting, they would still like the Council to consider their request for a hardcover variance to allow 268 s.f of hardcover within the 0-75’ zone. They feel that by allowing the current retaining wall, existing vegetation and path to the lake to remain within this zone there would be less impact on the lake and would allow for uninterrupted use of their lake yard. The applicants arc currently working on a plan for a remodel of the residence for this fall and have agreed to remove any excess hardcover within the 75’ - 250’ zone a.s a part of this cur'ent application. Planning Commission Rccommendition i On February 22,2005, Planning Commission voted 4 - I * on a motion as follows: 1. To deny the request for hardcover variances within the 0*-7S* and within the 75’-750 ’ zone; and 2. To approve a conditional use permit in order to re-grade the 0 ’-75’ zone in conjunction with 168 s.f. of allowed hardcover - this hardcover may be either an allowed lake access stair or boulder retaining wall for a lake access path. * Commissioner Leslie did not agree with the 168 s.f. allowance. Planning Staff Kccomncndation Planning Staff recommends denial of an after-the-fact hardcover variance for the 0-75 ’ setback zone for hardcover in excess of the square footage that would be allowed for a permitted stair acce.ss. Staff also recommends approval of a conditional use permit in order to re-grade the lake yard. The applicant should be provided with a timeline fur hardcover removals, re-grading and vegetation restoration. Additionally, the applicants should provide a re-grading and erosion control plan in a timely mamicr for approval and implementation spring or summer 2005 and apply for a stair installation permit if they choose to install a stair. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council ’s decision. I t ; 1 M r** O / / ■v f%V)0vl4 ^5u«7mTm^ #' L‘- :«r ,-:5 .•V '-, ». V* / vV, X / N y :i^yi \ /' / K V > v,\j / • ♦ fU-^* I J y / / \ ./ / / / / / /’ ■t; T SCALE : 1«*r20' \ # •)l.’-.it S \ ^>yi % \ V- ll ij • • I V V. V ^ \ \ Hardcover Calculations 0-75ftZ6n« Slone Wall 240 so ft FimpH 28sq.fl Total Hardcovor 268 sq. n. Total Land Area 11.350 sq.ft. Propose HanJcovor Pureentage; 2.36% 7S*2S0ft.Zone Stone WaHt 8 Borders 493 sq.ft. 254 sq.ft Decks In rear of House 424 sq.ft. Deck near Garage 243 sq.ft [jo**** 2173sq.ft. Fronl Porch 47 ,q g. Garage $42 sq ft. Rear Porch 388 sq.ft. Concrata Sidewalk 349 sq.ft. Cone. A/C Pad g sq.ft. Gone. Sloop al Palion Door ki Roar Flagstono Walk (Roar Near Onrago) Flagstone Walk (Fronf near Oarage) Asphalt Driveway 1330sq.ft. Total Hardcover 6605 sq.ft Total Lend Area 26.4ZJsq.ft Proposed Hardcover Percentage: 25.00 % 3S0-S00ft. Zone Detached Garage Aspalt Driveway Concrete Apron Pavers Slone Borders Total Hardcover Total Land Area 3?8qft. SOsqfl. 155 sq.ft. 502 sq.ft ?ee0 sq.ft. 4^t sq.ft, 9 sq.ft. 141 eq.ll. 3350 sq.ft 20.634 sq.ft. VISACK' IM \ \ >. \ . ws .w m w ^u.o je sq.n. Proposed Hardcover Percentage: 16.11% \ \\... \ \ \ \ \\ \> \ ta N \\ \ s. N V * ^ ^% \y / / / y \HBagJsr- '. I ru V/, MARKEUL • LABEREE I . 'II * ^IIDESIGN GROUP MrAeUCMOLLCMWl 1CACAII.IM 1 I fccfv85 iviUry S.M #M plita vy ui «Nlw gty iliraci swmtMtt arf *8f r Ml 8 .Mr nis^OrivJ UNOSr.AJV .VSCifnCCT «»Wr In IIM nr II* !kM nCMlMcssHt ’Uk HmkdC c im § 5 « 52 f Sean e MaSMa WvntKSd ■SIta DrIc ApiillcalloH Kcccivcd: 12-22 04 l>N(c ApplicNlion ConsWewl im C.'omplele: Oj-06 05 60'Day Revifw I'crtwl F.tpire*: 03-00-05 ni E #05 3074 15 Ffihruary 7005 Page 1 of 2 To: Front: Dole: Subject: CImir Ralin and Plaiining Coininission Members Ron Moorsc, City Administrator Melanie Curtis, City l’lnnnc^j^^^j[A I’ebruory 15,2005 05-3074, Scan & Melissa Wambold, 1.379 Park Hrive - Ancr-tbc-Fact Variance and Conditional Use Permit • Public Hearing /<»nlng District: I.R-III. One Family Lake-shorc Residential. l-arrr/NO* Lot Area: 1.3 acre (56,K45 s.f.) Application Summary: I'lns application was tabled at your January meeting in order for the applicants to bavc time to hire a landscajK* professional to design a hardcover removal platuind to ddcrminc the areas of hardco ver and walls which arc critical to remain._____ Staff Recommemlation: pjanning Stalf recommends denini of the altcr-thc-fnct hardcover variance and approval of a conditional nse permit in oriler to re-yj aile the 0- 75 ’ setback /.<*ne. Ust of F.xhibits A. I lardci)ver removai plan dated 02-15-05 13. ('ily F.ngineer Recommendation C. PC Report of 01-06-05 llarilcover raleulatioiis: Hardcover 'Aonc 0-75 75-250 2 SO 500 1 ofiil Arcia in Allowerl F.iliKing Proposed /ronr Hardcover Hardcover Hardcover 11,350 s f 0 s.i 015 s.f.*268 s.f (0%)(8.24 <!'o)(2.16%) 26.423 s f 6.60S 75 s f (25%) 8.101 s r* (31%) 6,605 s f (25%) 20,834 H.r.0,250 s i (10%) 3.35(, s f * (16.1%) 1.356 s f (16.1%) • A Her exclusion of liihric or plastic-lined landscaix* beds Hardcover V’ariance Ihe applicants have proposed hardcover removals in both the 0-75' and the 75 ’-250’ /ones. Hardcover removals within the 75 ’-250’ 7one would result in a reiluction I,5KK s.f lor 25"'o total. Within the 0-75’ /.one the npplic.ints arc proposing removals, but ha\c FILE #05-3074 IS February 2005 Page 2 of 2 determined that 268 s.f. is necessary. In reviewing the proposals, Staff feels that the removals within the 75 ’-250’ zone are appropriate. However, in following with the City Engineer's recommendation staff feels that the wall and fire pit located in the 0-75 ’ zone should be removed as well. The hardcover within this zone should be removed and re-graded as appropriate. A stairway is allowed for purposes of lake access. Hardship Staff finds that there is no hardship to justify granting a hardcover variance to allow the hardcover within the 0-75 ’ zone, however due to the slope of the lake yard there may be justification to allow a lake access stair to be constructed. Isaacs for Consideration 1 . Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends denial of the after-the-fact hardcover variance for the 0-75 ’ setback zone and approval of a conditional use permit in order to re-grade the lake yard. The applicant should be provided with a timeline for hardcover removals, re-grading aiiu vegetation restoration. Additionally, the applicants should provide a re-grading and erosion control plan in a timely maimer for approval and implementation spring or summer 2005 and apply for a stair installation permit if they choose to install a stair. !i Mir A ^ • .'•■'c. C:. I Sv .U J / / t / / ^ \ \ \.IC T i > ".rvi ' p' • -y.-iK ''^ \ ■s. •1 SCALE: r-20* ./y ■v \\ \ Hardcover Caiculations 0«75ft Zon# Stooe Wall 240 sq.ft. Fire pit 28 sq.ft. Total Hardcover 268 sq. ft ToCal Land Area 11.350 sq.ft. Prx>poso Hardcover Percentage: 2.36% 7S-2t‘7ftZone Stor^e Walla & Borders 493 sq.ft. Steps 254 8q.ft Oeck% In rear of House 424 sq.lt Deck near Garage 243 sq.ft House 2173 sqft Front Porch 47 sq.ft. Garage 642 sq.ft Rear Porch 386 sq.ft Concrete Sidewalk 349 sq.ft Cone. AfC Pad 9 sq.ft. Cone. Stoop at Ration Door in Rear Flagstone Walk (Rear Near Garage) Flagstone Walk (Front near Garage) Asphalt Driveway 1339 sq.ft Total Hardcover 6605 sq.ft Total Land Area 26.423 sq.ft. Proposed Hardcover Percentage: 25.00% 250-500ft. Zone Detached Oarage Aspaft Driveway Concrete Apron Pavers Stone Borders Total Hardcover Total Land Area 32 sqft. 50 sqft. 155 sq.ft. 502 sq ft 2660 sq ft. 44 sq.ft 9 sq.ft. 141 sqft 3350 sq ft 20.834 sq.ft. Proposed Hardcuvor Percentage: 16.11% \ \y.. \% \\ \ N. f' tpi MARKELL LABEREE DESIGN GROUP »r*««(NMnuonpM CACM.IM I hcfftSjr ihM a«« plMi wn pwiyind by MB w nMw my <lk«ct »vpN«HiM «a MM f «n J iMy nptittU LANU5(*AI*S Aftt llllfXT BMkf Mb htTB of UK Suit nt MImmuib . -y;~ I iII I pi1 «l o- irP c Seen a MaMsta wemtiQid yy • •MM * * » ► A A r • • •• if ^ jBonestroo &jSnosene Anderlik & Associates Cngln««r« & Archliccis 2J35 VUteii Highway 36 • :v* Paul, MN 55113 • Office: 6SI-636-4600 • Fa*: 65I-636-I3II www.bunestroo.com •• f ‘ February 17, 2005 : . •,p Mb. Melanie Curtis Planner CityofOrono Post Oflice Box 66 Ciystal Bay. MN 55323 Re:1379 Park Drive File No. 139^5-QOO Plat No. 05-3074 Dear Melanie: We have reviewed the plans Tor the proposed improvements to the property at 1379 Park Drive. The improvements include the removal ofboulcler retaining walls within the 0 to 75-foot setback from the lake. Wo have the following comments with regards to engineering matters: The plans show removal of most but not all of the retaining vralla within 75 feet from the lake. As noted in our 1 -6-05 letter all boulder walls within 75 feet from the lake could be removed and the site regraded. The work will likely include extending the existing stairway to provide access to the lakeahore. It still renuins our rccununcndation that the plans reflect removal of all walls within the 75- fbot lakeahore setback and that a cuimiponding grading plan bo submitted for review and approval. i If you have any questions please call me at (651) 604-4863. Yours very truly, BONF.STROO, RO.SF.NE, AWERLlK & ASSOCIATES, INC. Tom Kellogg Cc: <Jreg Gappa, City of Orono Bruce Vang, City of Orono • 5t. Paul. St. Cloud, Roificitcf. Wlllmar. MN • Milwaukee, Wl • Chicago. IL ♦ • f AffiMS|#|!w# Ac OpposliinHy mt%d OwnmBI .1 . t . ' I . j , Exhibit C FIIF *05 3074 C January 2005 Page 1 o15 Date Apiilicalioii Kcceivcd: 12-22-04 Dale Appllcalloii Considered as f .'onipicic: 01-06-05 60-Day Review I'eriod Espires: 03-06-05 To:Cliair Rahil and Planning Commission Members Roil Moorsc, (hty Admiiiislralor From: Dole: Melanie Cnrlis, Cily Planner Jamiary 6, 2005 Siibjccl:05-3074, Scan A. Melissa Wanibold, 1379 Park Drive - Aller-lhe-Fact Variance and Conditional Use Permit - Public Hearing /oiling District: Lot Area: I.R-in, One Family Lakesbore Residential, l-acrc/14U’ 1.3 acre (56.H45 s.f.) Application Summary: The applicants are ret|uesting ancr-the-fact approval for hardcover variances within the 0-75’ .setback and the 75’ 250’ setback and a conditional use permit for retaining walls and grading within 75’of the lake which was eondneted by a previous owner without proper C’ity pemiits. Hfcommcndation: Planning Staff reconiinends removal of the hardcover in the 0- 75’ zone and 75’-250’ zonc.s that is not .strictly necessary for lake access or slope stability. Pertinent Zoning Ordinance Sections See. 7H-966. Land Alteration; I’rohibited. It is unlawful for any per.son to IniiM, alter or repair any seawall, retaining wall or otherwise change the grade or shore of lakcshorc property without a conditional use permit issued by the Council. See. 78-1250. Conditional uses. C^mditional u.ses allowable within shorcland areas shall be subject to the review and approval procediues and ciiteria and conditions for review of coiidilional uses established in this chapter, fhe following additional evaluation criteria and conditions apply within the .shorcland overlay di.strict; 1. Kvniiiiiiinn niirna A thorough evaluation of the w.ater boily and the topographic, vegetation and soils conditions on the site must be nnule to en.sinc: a) file prevention of soil erosion or the possible pollution of public w.iter.s. bt»th during and alter construction, b) riie visibility of .siniclures and other facilities as viewed from public waters is limited, e) 'I he site is adetpiate for water supply and on-site sewage treatment; .iiul d) 'I he l>iie.s, u.ses and numhets of waleicran that the project will generate are FILE #05 3074 6 January 2005 Page 2 of 5 compatible in relation to the suitability of public waters to safely accommodate these watercraft. See. 78-1282. Stairways, lifts and landings. Stairways and lifts are the prr'erred alternative to major topographic alterations for achieving access up and down bluffs and steep sloj^cs to shore areas. Stairways, lifts and landings shall be allowed in the shore .setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings lor stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be cither couslrueteil above the ground on posts or pilings or placed into the ground, provided they arc designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous poilions of lots, as viewed from the surface of the public water, assuming summer, Icaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and pcrfonnance standards of subsections (l)--(5) of this .section arc completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit .shall be obtained for con.struction of stairways, lifts and landings regardless of whcUier such improvements are constructed above, at or below grade. Sec. 78-1286. 'I'opographic aiter>i(iuii.s/gra(liiig and filling. (b.) Cirading, filling or excavating of more than ten cubic yards is prohibited within 75 feet ol the ordinary high water level of the public waters enumerated in section 78-1217. (irading, filling or excavating often cubic yards or less shall require city slalf review and permit and be subject to other perliiieiit sections of this chapter. Sec. 78-12*18. Hard cover limiiulions. a) No hard cover or impervious surface shall be placed, located or constructed within 75 leet of the ordinary high water level of any lake or tributary, except for stairways, lifts, latidings and lockboxes as regulated elsewhere in this Code. b) iietween 75 feet and 250 feet of the OllWl., there .shall be no greater than 25 percent hard cover, between 250 Icct atui 500 feet ol the OHWL Iheie shall be no greater than 30 percent hardcover. Hetween 500 feel and 1,000 feel of lire OllWL there shall be no greater th;ui 35 percent hardcover. FILE #05-3074 6 January 2005 Page 3 of 5 List of Exhibits A. Application B. Hardship Documentation Form C. Survey (pre-grading) D. Existing Survey E. Site Plan with Photo Key & Photos F. Submitted Hardcover Calculations G. Letter from Engineer dated 1-6-05 H. Letter from staff dated 10-28-04 I. Memo from Building Inspector J. Property Owners List K. Plat Map Background The applicants recently purchased the property at 1379 Park Drive. After purchasing the property they were notified that the retaining walls and hardcover was installed by the previous owner without proper City permits. As their intent is to do remodeling including a small addition in the future the applicants would like to bring the property into compliance. Orono Building Inspector. Bruce Vang, has provided a memo providing some background on this project. Briefly, the prior owner discus.sed with the City a proposal to do limited grading in the 0-75 ’ zone. He was advised to also contact the MCWD. City stafT later di.scovered work had been completed. This all came to light shortly after the potential buyers contacted staff regarding our issues with the property. While this was no information regarding any violations in the file at the time of the inquiry, staff did advise the applicants of the issues as soon as it was known, in the interim the applicants had purchased the property. IX>T ANAI.YSIS WORSHEET Lot Area/Widfh: LR-IB Lot Area I>ot Width Required 43,560 s.f. (1 acre)140 ’ Actual 56,845 s.f. (1.3 acre)150 ’ Structural Coverage: Total Lot Area Total Structural Coverase 56,845 s.f. (1.3 acre)Allowed: 8,526 s.f (15%) Proposed: 4,370 s.f (7.7%) r? FILE #05-3074 6 January 2005 Page 4 of 5 Hardcover Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover V Acting Hardcover Proposed Hardcover 0-75 11,350 s.f.0s.f (0%) 935 s.r* (8.24 %) 935 s.f. (8.24 %) 75 - 250 26,423 .s.r.6,605.75 s.r. (25%) 8,193 s.f.* (31%) 8,193 s.f. (31%) 250 - 500 20,834 s.f.6,250 s.f. (30%) 3,356 s.f.* (16.1%) 3,356 s.f. (16.1%) * AAer exclusion of fabric or plastic-lincd landscape beds Conditional Use Permit Analysis A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site have been made, and arc addressed by the following: • The prevention of soil erosion or the possible pollution of public waters, both during and a(\er construction; at this time the lake yard appears to be stable with no existing erosion. • The visibility of structures and other facilities us viewed from public waters is limited; i'isihility has not been minimized by vegetation plantings to screen the walls as viewed from the lake. • The site is adequate for water supply and on-site sewage treatment; Not applicable. • The ty|)cs, uses and numbers of watercraf* that the project will generate arc compatible in relation to the suitability of public waters to safely accommodate these watercrah; Not applicable. Hardcover Variance The 0-75’ zone hardcover level is currently 8.24% or 935 s.f. where 0% is norinally allowed. All of the hardcover within the 75’ setback consists of boulder “outcroppings”, boulder borders and walls, and step stone path. On properties with steep slopes a stair to the lake is considered allowed hardcover as it is the prelerred alternative to topographic alterations. 'Ihc hardcover on this property, although partially for lake .iceess, is not considered allowed hardcover due to the fact that it supports unnatural topographic alterations or is it purely decorative and not necessary. The 75’- 2.''0 ’ .setback zone hardcover level is currently at 31% where 25% is normally allowed. The 1,229 s.f. of boulder borders and a 911 s.f. flagstone patio account lor 8% of the hardcover within this zone. During conversations w ith staff the applicants have stated their intention to seek approval in the future to conduct remodeling with a possible addition over c,xistmg hardcover. tl i riir; #0530/4 6 Jiinuary 2005 f^ngn 5 of S One concern llie applicants' luivc is how this situation has potentially damaged their prospect lor variances for a home expansion in the near futuru regarding hardcover removals etc. Ilnrdship Staicmriit Applicant has completed the Hardship Documentation Form attached sis l•:.^hiI)il B, and should he asked for additional testimony regarding the application. Hardship Analysis /« coHxUerttiK appUcaUoHt for vartauce, the Ptaimliif! Commtsxion shall eonsider .he effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, liylit 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 he in keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that there is no hardship inherent to the land to jii.stify granting the conditional use permit for the grading or a vanaiUT for this type or amount of hardcover within 75’ ol the lake. (Jity (’ode Section 78-1282 provides prupeities with .steep slopes a stair access to the lake yard rather than conducting extensive topographic alterations A majority of the boulder hardcover is .strictly aesthetic, as the boulders are serving as borders and not retaining any soil. There are a couple of areas where there is soil retention hy the walls, namely the areas of the two graded walkway slopes. In staffs opinion these graded walkways are unnecessary as a partial stair sy.stcm currently exists and would oidy need to be extended for lake acce.ss. Additions of iKuddcr borders and relaterl non-structinal hardcover in the 75’-250 ’ /one would not have rcrpiircd a City pcnnit, although this installation places the 75’-25()’ /.one out of hanicover compliance. However, the grading and hardcover additions in the 0-75’ /.one bring the entire property ’s hardcover .status under review. Since the aihlitions of the boulder boidcrs and tlag.stone patio areas have increased the hardcover level above the pennilled amount within the 75’ 250 ’ /.one the Planning Commi.ssion .should discu.ss whether ur not to giant a variance to allow the current level, or reconuiiend removal of the 1587 s.f. of overage. Issues for ('onsidcrition Does the Planning rommission feel that there is justification or hard.ship for the excessive hardcover in cither the 0-75’ zone or the 75’-250 ’ zone? Aic theie any other issues or concerns with this application? Staff Uecoiiimeiulalion Planning Staff rccoinineitds removal of the hardcover in the )-75' zone and 75'-2.50 zones that is not .strictly neces.sary foi lake access or slope stability. —^ Wi8/r A CITY OF ORONO - GENERAL LAND USE APPLICATION Application# 0^' ^7^7 Date Received / / /7 / / (Ti/ Amount Paid — PROPERTY LOCATION Site Address __nim!/]0 > Type of Application to be Filed____________________ Property IdetUification Number (P.I.D.) APPLICANT Name _________ „ __________ Phone (home)J^^;J_yii2?_j^IB____Phone(work) ) 41 0 • 32M Address^73 Alitglarhy. CiK\/L^lvd.-__City y/iVi/jK )a OWNER (if different than applicant) Name_______________________ Phone (home)_________________ Address Phone (work) _ City______Zip. Date Property Acquired I (do) (do not) also own the adjacent parcels of land. (month/year) 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 Commcrcial/Industri.il 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 lakeshoro 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 Rezoning (PUD - refer to fee schedule) ____ $600.00 Comprehensive Plan Amendment ___ $100.00 Appeals ___Other - see Fee Schedule I jt I tr <• I. •■» 3. 4. sn?i «1 (J I -I”, l-i; I <• 1 ,*XrJ » •f-munr^nr }-\ ^vOUU-.\REQUIRED SUBMITTALS 1. 2. _____^_™~ wit KS[gne.c):.;by a, licensed sOrye^or). j refer t<^handout for -i 5. 6. 7. 8. 9. ^*tfa‘SK^l^^ll8^cfiption to application if not included on required survey. p%|p0dtf|fi|[^ fexistino and proposed contours) if land alterations•J)liL-3m;v:mAT|....vcMlii (W T-> (grp'^es).! ..........................his would (Hcl8de“nam§{s) of applicant(s) if not current i»-'^S^^MiDanjffXlndlit4%^^ owner(s). j|^£Sfnstf<Jdtlon!pJail?iEdpplicab'(e.(see.staff for requirenrtent§). 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 applicatior,. 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 APPLICANT’S 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 suf^ie^s true and correct to the best of his/her knowledge. Applicant's signature Date u 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 membe^rs for purposes of investigation and verification of this request PaleQ bo/O'-f ng Comrnisaion Meetinn. Owner's signature Applicant must have all submittals Into the City offices 25 days before the Planning Commission Melting 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 meet:ng. 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. ‘3 /.-.tv-,. it'. City of Orono Variance Application street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay. MN 55323-0066 Application# Date Received: / ffhf Amount Paid; Staff: /il^f/UJi?. Fee 5600 Renewal; $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. Ape leant 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: 'D)r\0}rn\An , Mv\ Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): |0/d4 □ Yes, I own the adjacent parcels. Present use of property: □ Residential □ Other ___________________________ Zoning District: _____________________ APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: .*yniA ^\MurJ VA/z^tiruUrrHr \A/auinhr:)lJ Phone (home): DtilPi ___Phone (work):Phone (work): MTD Address: _ Ernail; . ia)/j & iiA/r.n . /ir.i/v^_______Fax: ^/0Z'NO {iMv 1 if't'tfTTT OWNER INFORMATION: (Complete legal names a"d marital status required for each interested party) Name: Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary):___________ C-• » i ' :v If V ^ *1 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. f^^pHcatiop Meeting Form,.;completed by a City Planner, f Jejd^^pplicptjon Form SSmi^ardship Oocurnentation Form * Certified Properly 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 >Prigjna| Certificate of Survey (signed by a licensed surveyor), meeting all the requirements lisiecl within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. CQmpleted hardcover calculation worksheets (as provided within the variance packet). * TopograpHid'^^^'^'-iriciudirigexisting arid proposed elevations, t rovide one copy 8.5" 5t 11", or 11" X 17" for reproduction. ^ "‘W 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. * I 0/ . 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: 2q pt/ 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 verifiMtion of this request. Owner's Signature; Owner's Signature; Date: Date: iz Id 0^r" ■ 1 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. -i w V ly A (J M a mrt e Page I 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 hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the properly 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 bo demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if .n 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 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 bo considered. Please address each of these hardship criteiia 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." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 0 TVst. cOC_r*g O(V 3. "The variance, if granted, will not alter the essential character of ttie locality. "F.conomic consideiatiotis alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." fOp L t> \ ( ^ ______ _________________ V M ,• 8. H Page 2 of 3 "Undue hnrdsHio 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 iii Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals anu 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 persoi'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.” "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." ( -I l'S t«.c> «’y.4 X Q/' _______ fi ^ic-j-i.^ Vi^-t*Cv — Cf'1 9. “The conditions do not apply generally to other land or structures In the district in which said land is located." ^ Cv. «V. S C^tobV' 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. “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 Code." M. n /i!.X/v - .• V - ' • f •V i 1 I' Page 3 of 3 12."The granting of such variance \will not mereiy serve as a convenience to the applicant, but is necessary to alleviate denonstrable hardship or difficulty." 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 preventinj compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary); l>(npiA pMir7X>i/^<.il/Vl a 0 ‘/\ La.h'/^y __ \*MC [an/vi^jin'iina /iiMf. n/\ M/y. pyQp^riy prIOir tUJJUlr ^ JL . ^ \ ^ 1 1 , 7^1 , mJ- -1- -.. -I.. 11.*^ t ^ ^ r»«k\ ^ ^ ^jQjiv\fYm\o. 7V^ rJty fol<d 1 r^vi ______ <<2ap)i^ was \AY. dlA l/ioh kU^/ilA/ snjpj puir^Ma^^ VV^ pi/ntrwp4l\/ -Hy: rj-ty guki.Vjerc iUd.:tD PnJtur..a gurvcy,- fly A\xv\/i^j \Aig \kMirf. ioiiiU-------- n»i6* /ai/iJi 7j'M . 'TVyjre \Aid^_vu>Hriii^_iM-Jtki city fOK US to k«v^ Iciiown pylcr to purcMa^m^ tVy p\ropcrty- TVy vui^tUs tiiat \/>jcyc put up on tH^ pKDpc^'ty w^ils WC/ louv^' k>CiM tDUi Htcx P to coivifot + c*^ up cauiim yyioro erosion . -tvc » petrti V?etu/< w<aii6 WAS 6o +Vvot tVtpwr wouut be l<xic< (/vl+Uout Aolnu on yvlAPiloft^i/ig prop^nfies. Witviouf tVvc pctrtn , \j^ woiiid HfOoi it> put in et^itn^ -fb^" tabc oUjcrst. are- etoinej oar icyet to correc+this ‘&)tu^-f)cn and pat 'it lOd^ily:) U£». ^ • v.i * t ■ .fMaadte I .% %‘- .. >A* r A i, V<^ ‘A-r-.p >, > r J -----^7-7-1 I i ^ » * iJ^tjrf nj ptrnim/m ^\A iryUnVi ^^. .,-. 5** J I »TM •'iT*'r >lw#y ■> • -«• * “iL^ *>' WPi« '-.'I. . . f-f Ur bUl^> lO—lU, DbU^fV U, liUlO IH—iu, UUOVyIV #, iJMVJ. AND HARTS OK VACATED FOREST BOULEVARD & VAC HENNEPIN COUNTY. MINNESOTA ItCW. PfSCWTiQN Of PWU'J'. : lol9 II. H. and 15 Bk>cli 6. and lots 14 and 15. fib •ilh lliol porlmn ol Vocol#d Odh I%k# ly«n») I •I of Ih* Ntwth»n«t*rty nl ini M. OiiKb G ond U>« Ubch C Al%o IcH^thvf nilh (liol poll of voluUU forvn ol **Soga HI ficvinod. H«nn«pin County. Mmnttola*' mtO€ ocrosv it ol the 5outh«««i<Kly In* of lot I Henn*p«v Co%^l)T. Mwmctolo** ond thr Nor lheoil«*l)r kn« O di»nol<»« trim mr*h«r found O <iarH>i«« iron moiliot mI (lOiS): d#nolr9 riiitvxi «pol rtrvatiorv mean %oo bvtl do .«I7 —« * id»nnlr% ra.^IrM] <nr«(rii« hn», moon %*o l*««f dul«^ oroo boMd i^on on Mtunod dolum Ttiii fiv rty «h«>w^ Xtof hoimdnrtii^ of th« dbovo dt%cf4>^ of lhr»# ntitlm*) bu4dwtq%, anti tli« knuliun uf «ji visdiif H du#» 'Hit popw«( lu •Ihiw «iriy uth#« vnprov#m#nM 0 L'. EXH'ftiT t 1 \ V .....—*"- 1 ^wid i> .dfe.I I r^#1 I 1 \ I nviDiM ]iW3N03 .'P jJ^ll «»C * VP '^i \ \ »JU I. / / / X' [y' V 7 S CTTjff A. X Z'7V \ \ XA r•^'V ;X 5 a-arriaxx3Qa^^> U —T-?v»P Y^amicxj^ X *••••*" ..•aV-' \ oA-rw, " '1-6- - _ " phMt) I ►IW IW.vmi. 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'v';*:;-:: - *, .,- I . • 44 - . • » *4. • fP% ^ k '4 -A* • » * ’ ^S -a;. \v ^. • ^ <■" ^ ^' L3LJS^HMMPTniiHr''<9M| ''W' it ■»! ^ r-,- FOREST >4^-'V////. y / / / / / ^ LAKE CERTIFICATE OF SURVEY FOR SEAN S. WAMBOLD OK LOTS 13-16, BLOCK 8. LOTS 14-18. BLOCK 7. SAGA HILL REVISED iiii! ill?' * t .wet WPT?V»y "Twn . . ^ ’ "7^ UH •& H ft flli !••• M •*« It mtm ft ft lt«t HI fti. >.< IMIO^ ' •* •« mi *»iHH •# «•••••« «• »•'•••* m ai-»M>•» •* ^ - ft 0l HM •>• i« iai ii fbak I «Pif «»a lai i% '<•» • •> . . mi* ft M m >»»»*«» ••ft) ft«l #•! •* r»»«« 4Bft(«l«ft • ••• (•« 'Vm mi HHaillV Mat* •«• •M 4 •• ft« ftl.ft>«a*UHr ftM •< IM t|L m«t ft *1ft|| HI ••> «*« •*« iHlHiai H V ^ i«< I ft ..1! I* a pliJ ftt IftI 0-ns'-15>-ZSo' cue if- or S'.2V%-if- rr -eifit^/o 2£,t'- 5oo' <nr (U.iVo 'a HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 7S-250’ 250-500' EXISTHMC HAUnCOVER IN ZONE A. ^sc SOO-1000' Length V/idlh X X X B. Oarage C. Driveway X X D. Sidewalk X X nz E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fobrio X X X G. Odier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B Tisr H, 3 X 100 - PROPOSED HARDCOVER IN ZONE A. House Length Width X X X D. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X 0 Other TOTAL HARDCOVTR IN ZONE TOTAL PROPERTY ARE a IN ZONE A + B X 100 4.- .• V . r •/ .» r-i. h-ri s F - '*■ S.F. S.F. S.F. S.F. S.F. S.F. c V weis, ^r.o. S.F. • SF. SF. S.F. «?Ps.r.- p,j- SF. A SF. D' % SF S.F. S.F. S.F. S.F. SF. SF. SF. SF. S.F. S.F. SF. SF. SF. S.F. SF. A B A \ }r SETBACK ZONE: (CtRCLE ONE) EXISTING HARDCOVER IN ZONE A. House llAUDCOVER CALCULA TION WORKSHEET 0-7 V X 251)3) 250-500'500-1000' Length X X X WidUi D. Garage i 9m • C. Driveway 26.3 X X D. Sidewalk X X E. Potio/Dcck Z45- /i»-i6 X Ki 4iv»r.» ML>y"aT F. \and&caaa^ l)t^erk(m Bjo^slic ^fpWic X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER LN ZONE * A. House X Length X X X D. Garage C. Driveway X X D. Sidewalk X X E. Poiio/Dcck X X Landscape V Underlain ’ By Plastic Or FabiicV G Other TOTAL »lAUDCOVLK IN ZONE TOTAl, PROPERTY AREA IN ZONE A _ _ _ ^ n 'f i- 2 Vc PAO - 9 X 100 Widili »• —•i. X 100 - 2173 25ir 366 6'’♦•2 1339 3^9 I SST 667 911 4( 1725. 0193 26,42 y •j s.r. • H<?‘.'5e POiJcH ft S.F.' iThti^/ihcC S F. -iiof^e CT S.F. ■ fi Mv^tvraP S.F. - OK/vi'i*'^ y S.F. cotK-oCTi S.F. "S'Of itviiwj 3 F -FiAcv»r<>A»( vioei*4nti<. S.F.-uecvfj S.F. P<iTiC»$ S.F. -Cohc. p.fli S.F. 3 F -SIpmC w/ S.F. _S.F. __S.F. 310/ % A B S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF SF SF. H A B 9-Z4-C4 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CmCLE ONE) EXISTING HARDCOVER TN ZONE A. House 0-75 ’ X Length X X X B. Garage C. Driveway ZZ^ X X D. Sidewalk X X E. Palio/Dcck X X F. Landscape Underlain By Plastic Or Fobric X X X G. Other TOTAL HARDCOVER fN ZONH TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVF.R IN ZONE' A. Itousc X length X X X B. COlwow C. Driveway X X D. Sidewalk E. Potio/Dcck X X F. Landscape Undcilnm By Plosiic Or Fabnc Q, Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ B 75-250 ’<550^50^ 500-1000' Width zz 3 266C> 4A a a 33C(5 X 100 Width X too - .y SF. SF. SF. S.F.-P/)uf/2> S.F. S.F.-\3iy-teK Tof S F.-tciMr:efTE S.F. SF. SF. S F. S.F. S.F. S.F. S F. • i'o. « 1 S.F. 16. tt_______% A B S.F. S.F. S.F S.F. SF. S F. • SF S.F. S.F. S.F. SF. SF. SF S.F. S.F. A S.F. B V, k .:an uu tJt lu Bonestroo Rosene Anderlik& Associates Engineers A Architect i liurib.t> I Kuu KUdtimi nnLic.Ki.xiv ooxo^ox^aii 233S West Highway 36 • St. Paul, MN 55113 Office: 65I-636-4600 • Fax: 651*636-1311 www.bonestroo.com P* A EXttieir cn Januaiy 6,2005 Ms. Melanie Curtis Planner CityofOrono Post Office Box 66 Crystal Bay, MN SS323 Re: 1379 Park Drive File No. 139-05-000 Plat No. 05-3074 Dear Melanie; We have revised the sur/cy for the property at 1379 Park Drive. The survey shows boulder border and retaining >^1 improvements insUlled primarily along the lake side of the home. We visited the site yesterday to revi^ improvements shown on the survey. Based on our site visit and the submitted survey we have the following comments with regards to engineering matters: • It is our opinion that most of me improvements are not necessary for bank stabilization or erosion control Specifically, with the exception of the rip rap and boulders along the shoreline, all boulder borders and walls within the 0 to 75 foot setback could be removed and the slope regraded. Access to the lake shore could be provided by extending the existing stairway from the home to the lanriing area alo^ the lake. If this option is pursued an erosion end sediment control plan should be provided for review and approval prior to any work on site. • The survey indicates some of the boulder improvements were installed on neighboring properties. For the most part these improvements are decorative and should be removed. If you have any questions please call me at (651) 604-4863. Yours very truly, BONES TROO, ROSENE, ANDERLDC & ASSOCIATES, INC. Tom Kellogg Cc: Grtg Gappa, City of Orono Bruce Vang. City of Orono ’ St. Paul. St. Cloud. Rochester, WUImar. MN ■ Milwaukee. U - Chicago. It Arftfm^ftv* Acticsn/rf|«ijif Opportunity fmployor mnd fmpimymt Ownttf O O H \' Oc.lobci 2 It '• & CITYof ORONO Municipal Offices Street Address: 2750 Krlley Paitiwny Orono, MN 5S35fi Mailing Address; P.O. Oox 6G Crystal Bay. MN 55323 OOG6 Scan Wanibold 8379 Allci’licny Grove Ulvil Victoria, MN 55386 smUI'.CT: 1379 I'ai k Drive Ilnpmnitlcri I.snitl Alteration Dear Mr. Wambolcl: In approximately .Uinc or2()()3, the pirtvious ownci nl your piopcrly at 1379 I’ark Drive conducted unpnmitlul land .dtciation work witlun the lakc.sliorc yard and was notified by City staff of City pennit uaiuiicinents and Miniiebaba Creek V/atersbed D:«tiiet (MCV2D) pennit lecpiiremenls. The properly owner wiis diicc.ie*d to 1) apply for MCWl) approval and 2) proceed to the City (or approval. It has recently cc.inc to iny atteidion that Ibis land alteialion work remains unapproved. 1 am wiitiiiK this letter based on iny conversation with you in the City olliccs on (.)ctobcr 2 7, 2004 The City of Orono irquircs you to apply lor a conditional use permit for tbe b'lid woik pci (oiiiicd williui your lakchorc yaid anil a baidcovcr vaiiaiicc for the ictaiiiiut- walls and additional bardcover witbin tin- 0-7S ’ aiut the 75 ’- 250 ’ setback /.ones. 1 be application deadline lor tbe aficr-tlic-faet conditional use jicruiil and vai iaiiccs is I leceinber 22, 2004. Tbe followiiii' supiileiiieutary information is required (or our review; 1. Ori}\iiml ccrlificatc of survey, siyjied hy licensed surveyor, iudiaif’ y CMStiny and proposed topoyruphv: uud ?.. Ml extstiuy, and proposed hardcover sludl he cidculuted on the hardcover n'orksheels that are enclosed. The hardcover calculatious luust he completed hy your sur\’cyoi\ and J Kv^stiny (pi ,• alteration) and proposed (current) contours within the lake-yard, these contours should he shown extendiiiy ’ll)' into the neiyhhoriny properties, within 75' of the OWlll. contours should he shown in one Joot increnicnts; and d. Elevations of the top and the hottoin of all retaininy walls retainuiy wall:, d' and ahove will reipiire enyineeieil drawinys and cro.xs sections for our review; and 5. Hardcover .survevsfor each of the applicable setback zones from the ordiitaiy hiyji w.itir lewl (OllWl.) of Take Minnetonka lelcphune (952) 249-4600 • l-'Jui (952) 249-4616 www.ci.uruiui.nui.Ui -I January 7,2005 To: Orono Planning Coirtnission Re: 1379 Park Dr, File no. 04*3074 In June of 2003 we fouiul excavating equipment working in (he yard between the house and the lake at 1379 Park Dr. A stop work order was posted, fhe homeowner, I'dgar Ot*e, contacted us and we met on site. Wc divided the project into three categories; 1. Grading near (lie house and outside the 0-75' setback I'his work appeared minor and not affecting any otiicr properties or the lake. No after- the-fact permit was requested for this work. 2. Hxcavation to create a cart path to the lake and retaining walls within 75* of the lake. Mr. Otte was infonned that a CUP from the City of Orono as well as probably a permit from the MCWD would be required. Mr. Otte came to City Mall and got applications and went to the MCWD to start the process there. 3. 1 evel (d'f and plant tlic tiat area in the flood plain and on the lake .sliore. This area showed some years of neglect, fhe remains of junk and equipment were being cican.'d up, aiul we issued a fKTinit to level off the ground and add up to one inch of top soil to prepare lUX planting. Mr. Otte apoarenttv did not proceed with an application for grading at the MCWD. Instead he got only a rip-rap permit. I le never did apply for a CUP at (he City. Mr Otte had assured us that he would apply if .ind when the MCWD approved his project. ilruce Vang 5v \JCL^<C/ Building In.s|H(ctor RUN DATE l/’loas 38 0711723410003 PROP ADDR 38 ADDRESS UNASSIONED OWNER NAME CITYOFORONO TAXPAYER CITY OF ORONO NAME/ADDR BO>. 66 CRYSTAL BAY ORONO MN S3323 38 0711723410072 PROP ADDR 1 390 PAR" DR OWNER NAME W M HOIA4ES & ) M DAHL TAXPAYER WAYNE M H01A4ES NAME/ADDR 1 390 PARK DR MOUND MN J53M 38 07ll7234luvl79 PROP ADDR 1 373 PARK DR OWNER NAMF KATHLEEN A MURPHY TAXPAYER KATHLEI N AMURPHY NAME/ADDR 1375 PARK DR MOUND MN 55364 38 0711723410086 PROP ADDR 1 345 NORTH ARM DR OWNER NAME H SHEKELS & L SHEKELS rRSTES TAXPAYER HDSHEKrt5 N/. IE/ADDR 8619 NORTH CARDINAL DR PHOENIX A7 83028 38 0711 723420012 PROP ADDR 1399 PARK DR OWNER NAME S M SIGEL 8k S E SICEL TAXPAYER S31 VIT4 M A SHEIU E SICEL NAME/ADDR I 3<n PARK DR MOUND MN 55364 38 0/11773420015 PROP ADDR 1462 PARK DR OW^IERNAME LUCILU OKUTZ TAXPAYER LUCILLE OKUTZ NAML'ADDR 1 462 PARK DR MOUND MN 55364 HENNEPIN COUNTY PROPERTY INIORMATI TN SYSTEM PROPERTY OWNERS UST 38 0711723410066 PROP ADDR 1361 NORTH ARM DR OWNER NAME S W MALCIIOW & N MALCHOW TAXPAYER SCOTT W A: NANCY MALCHOW NAME/ADDR ’ 361 NORTH ARM DR MOUND MN 55364 3K 0711723410074 PROP ADDR 1400 PARK DR OWNER NAME RICHARD O NORUM TAXPAYER RICHARD O NORUM NAME/ADDR MOO PARK DR MOUND MN 55364 38 0711723410080 PROP ADDR 1365 PARK DK 0\^^ERNAMB JKYOUNGATLYO NO TAXPAYER JOHN & TERRY YOUNG NAMfc/ADDR 1 365 PARK DR MOUND MN 55364 38 07II7234|(M)W PROP AUDR 1355 NORTH ARM DR OWNER NAME C TUU Y A t ( MAI (.REN TAXPAYER C TULLY A E CHALGREN NAME/ADDR 135S NORTH ARM DR MOUND MN 55364 38 0;il72342(H)l3 PROP ADDR 1422 PARK DR OW>IER NAME PAUL W A I IOISE S W EIBEL TAXPAYER PAUL W A ELOISE S WEIBEL NAME ADDR 1422 PARK DR MOUND MN 55364 38 0711723420016 PROP ADDR 1405 PARK DR OWNER NAME I A K SHEARER IAXPAYLR I REDERK K J SHEARER NAME. ADDR M05 PARK DR MOUND MN 55364 38 071 1 723410071 PROP ADDR 1 388 PARK DR OWNER NAME MAG RASMUS TAXPAYER MAG RASMUS NAM b .• DDR 1 388 PARK DR MOUND MN 55364 38 07II7234I005 PROP ADDK 38 ADDRESS UfiAtTiGNED OWNER NAME ALEXANDRA B UVNCf-E^ GLAND TAXPAYER ALEXANDRA B I>NG ENGLAND NAME7ADDR 1311 N MAIN ST MIAMI OK 74354 3324 38 0711723410082 PROP ADDR .359 PARK DR OW'NI K NAM l R (i IASI MAN ASM EASTMAN EAXPA VER ROBERT G A SUSAI. M EASTMAN NAME. ADDR 1 359 PARK DR MOUND MN 55264 38 0711723410096 PROP ADDR 01376 PARK DR OWNER NAME DAYTON I A lERESA K U5RSON I AXPAYLR DAYTON V A I ERLS/. K LARSON NAME ADDR 1376 PARK DRIVE ORONO MN 55364 38 0711723420014 PROP ADDR 1442 PARK DR OW Nl R NAME G I S( HULI/ ETAL TAXPAYER GEC.RGE L SCHULTZ NAME ADDR 1442 PARK DR MOUND MN 35364 L- 38 07II7234200I7 PROPADDR I4I5PARKDR OWNER NAME J D SIELERUD A N A SlU I RUD lAXPAYER JONATHAN I) A NC^A A SlU ERUD NAME/ADDR 1 41 5 PARK DR MOUND MN 55364 KUNOATE; l/y2MB HI NNI PIN COUN lY PROPI RTY INFORMATION SYSTEM PROPERTY OWNI-RS LIST PAGE; 2 18 07117234200IX PROPAOOR 1415 PARK DR OWNER NAME ) D SILLERUD 4 N A SILLERUO TAXPAYER X)NA THAN D A NORA A SILLERUD NAME/AODR 1415 PARK DR MOUND MN 553M 38 0711723420019 I'KOPADUR 1473 PARK DR OWNER NAME R L HOWEU^ AI M IIOWEU.S TAXPAYER ROBERT L A JEAN M IIOWEU^ NAME/ADDR 1423 PARK OR MOUND MN 55364 38 0711723420020 PROPADDR 1435 PARK DR OWNER NAM.'- JAMES A MARTINSON TAXPAYER 'A*':o a MARIINSON NAME/ADDR 1435 PARK DR MOUND MN 55.3M 38 07II72342003X PROPADDR 1379 PARK OR 05YNERNAME SEAN S WAMBOLD CT AL TAXPAYER SEAN A MELISSA WAMBOLD NAME/ADDR 1379 PARK OR MOUND MN 55364 38 0711723430001 PROPADDR 38 ADDRESS UNASSIONID OWNER NAME E J HARDIN III El AL TAXPAYER FRANKLIN J HARDIN NAME/ADDR 1496 PARK DR RT I MOUND MN 55364 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 0711723430013 1496 PARK DR F J HARDIN III A C A HARDIN F J HARDIN III A C A HARDiN 1496 PARK DR MOUND MN 55364 38 0711723440074 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME VILOFORONO TA3CPAYER CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 V 18 0711721410^ PROPADDR 18 ADDim^yNASSIGNI D OWNER NAME DAYTON E«^ERESA K LARSON TAXPAYER DAYTON F4t TliltESA K I^RSON NAMIVADDK 1376 PARK DRIvV 'Y\,C’ ORONO'MN 55364^ PROP ADDR OWNER NAME TAXPAYER NAME/AODR 38 07X372341^70 1376 P^|5r D F I ARS^A T K lARSON ^ ^ DAYTO^F ASTFRESA K 1 ARSON 1376 Pa 'r K D r \ MOUND MN 553M I CERTIFY THAT THE FACTS REPRI SEMI 1 D ARE /AN ACt IJRA IF. /AND TRUE REPRESENTATION or INI ORMATION AS IT APPFiAkS TIflS DALE ON Till: Rl (ORDS wiitiid 6;tHi0iT o CITYorORONO Municipal Offlcea StTMt Mirttt: ?750 Kftlley Parkway Orono, MN 55356 Mallint AMress: P.O. Box 66 Crystal Bay, MN 55323 0066 February 23,2005 Scan & Melissa Wambold 8373 Allegheny Grove Blvd Victoria, MN 55386 R£: 60-Day Review Period Extension Application U 05-3074 Your application W05-3074 has not yet conic to a close and the 60-day review period is approaching. As there is potential lor your final review to fall after the 60-day period expiration it is necessary to cxtenil the review period an additional 60 days. Therefore, the 60~day review period is hereby extended an additional 60 days to May 6, 2005. Basically, this means that should the City need more time to review your application or should your application get tabled at the Council level the review period wilt not expire. If you have any questions please contact me at 952.249.4627 or by email at niniiiisCidri. orono. inn. us. Sincerely, City of Orono Melanie Curtis City Planner IMcpIldiic (952) 2494600 • Fax (952) 2494616 www.ci.orDmMMi.u9 I Boncstroo Rosene Andcriik & ^ \ Associates f nfjlnrpfi fm Arthllrrtt y « V, WrM I lifjhw.ty U> • *.t. P.iiil. MN 5SII1 Office; 6!>l 6 )6 4600 • r.ix 6'.l 6 16 Mil wwwhonrUicio mill exHinT i> Morcli 0.2005 '' m Ms. Melanie (Curtis I’Innncr City ofOrono I’osI Odicc Uox 66 Crysinl Uay, MN 55325 CITY or-or<ONo Kc;nv«) Park Drive rile No. n9 ()5-(K)0 rial No. 05 3074 Dear Melanie: We have reviewed Ihe revised plans dated V K (ts for the proposed improvements to the properly at 1379 I*ar k I )rive. The improvements include the removal of most (d the boulder retniniuR walls within to 7.5 (dot setback from the lake, ‘file revised plans show the cxistin>> (ire pit being removed and the removal of upj miatcly to feet td the existing wall ncorcst the lakcshorc. 3 he previous plan proposed to leave the entire 90 feet of w? nearest the lakeshorc as is. We have the following comments with regards to engineering matters; The revised plans indicutc that the proposed reduced length of the existing wull nearest the lakcshorc results in 166 square feet of hard cover. The reduction in (ho length of (he wall wilt require some grading along the existing path to (lie lake. I he plun.H also identify (hat approximately I6K S()uare feet of luird cover would be required to install steps in the 0 to 75 (dot setback. We have checked the haid cover calculations and concur with the analysis for both (he wall and the steps. IToin an engineering |Kispcctivc it appeals (hut removing Ihe entire wall along the lakc.shoie, regrading (he .site and inslulliiig steps or reducing (he length of (he wall us propo.scd and not installing (lie steps arc viable Mdutions. Access to (he lake using (he second option would be by a vegetated path with a slo|>c of approximately .3.2:1. It is generally accepted that slopes of .3:1 or flatter (as (his one is propo.scd) ate maintainable with a lawn mower and walkable under most condition.s. If the no step option is approved we recommend that more detail l>c provided regarding the proposed vegetative screening shown lakeside from the wall It should be stated as a condition of (his option (hat steps woulii not be r>cimit(rd III (he fuliiic without (he removal of (he wall rieaics( (he lakcshorc. Iddier ofitioii will require (he submittal of a detailed erosion and sediment control plan for review and appioval. If you have any questions please call me at (6.51) 604-4863, Yours very (iiily. nONbSTROO. ROSI-Ni:. ANDI:RUK & ASSCX1A I b:S. INC. CV. (iirg (iappa, (*ity of Oiono Itiui r Vang, ('ity of ( hoiio • St PilUt. St (fOiiil. (^uhrs(f»r, WiHinar, MN • Milw.wifcfr, Wl • Crmoc|o. IL A.miMMliviP A«M«M/riHi4l rmfaoyrt I'mptotfV* EMtiftir e C:iTY OF ORONO 2750 Kelley Parkway PO Box 66 Crystat Bay, MN 55323 952.2/<9.4600 ZONING FILK 05-3074 NOTICE OF PLANNING COIVIIVIISSION ACTION DATE OF NOTICE: February 28,2005 TO: Sean & Melissa Wombold 8373 Allegheny Grove Blvd Victoria. MN 55386 COPIES: TYPE OF REQUEST: After-tbe-Fact Variances & Conditional Use Permit DATE OF MEET ING: February 22,2005 Planning Commission voted on a motion to deny the request for hardcover variances within the 0’-75* and within the 75'-250* zone. And to approve a conditional use permit in order to re-grade the 0*-75* zone in conjunction with 168 s.f. of allowed hardcover, this hardcover may be an allowed lake access stair or boulder retaining wall for a lake access path. I'hc result of the vote is as follows: VOTE 4 FOR 1 a (;ainst * The dissenting Commissioner did not agree with the 168 s.T. allowance. Applicant’s next scheduled meeting is conitnned as: City Council - March 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 alter review and approval by the Planning Commission. If you have questions, please call City IManner, Melanie Curtis at 952.249.4627. 1 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55.125 952.249.4600 ZONING FILE 05-3074 NOTICE OF PLANNINC; COIVIIVf IS.SION ACTION DA I E OF NOTICE: January 25,2005 TO: Scan & Melissa Wumbuki 8373 Allcgiicny Grove Blvd Victoria, MN 55386 COPIES: TYPE OF REQUEST; Aftcr-the-Fact Variance & Conditional Use Permit DATE OF MEETING: January 18,2005 Planning Commission voted on a motion to table the application in order lor the applicants to prepare a landscape plan indicating the nece.ssary hardcover. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: Planning Commission - February 22,2005 - Meeting starts at 6;00 pm If you desire certified copies of the olficial Planning Commission minutes, they arc available from the City Recorder aher review and approval by the Planning Commission. If you have questions, please call City Plaimcr, Melanie Curtis at 952.249.4627. F PC HiUMief It, too^ wo W05-J074 SKAN AND MKUSSA WAMIIOIJI, IJ791’ARK DRIVK, AI<TKR-TIIF-KAC'r VARIANCK AND CONDITIONAI. IJSK I'KRIVUT, 7:20 p.m. - 7:42 p.iii. Scnn and Melissa Wombold, Applicants, were present. Curtis staled the applicants have recently purchased the property located nt I37‘> Park Drive and were notified lollowinit die purchase that the rctniniiiK walls and hardcover were installed by the previous owner without proper city |tcrinit.s. The npplicnnl.s' intent i.s to do .some reniodeliiiK in the rulure and they would like to bi iiiK the pioperty into compliance. Curti.s noted n inemornmium from Bruce Vang i.s included within the fde providing .some background on this project, (.'urtis indicated the prior owner had pro|K>sed to do limited grading in the 0-75’ /.one. lie was advised by the ('ity to also contact the MC!WI). (.’ity SlalT later iliscovered that work had lieen coinplctcil. The potcntinl buyers contacted stnlT regarding the C'ily’s issues with the pioperty. While there wn.s no inrurmalion icg'uding any violations in the Hie at the time of the iiu|uiry, Slali did advise the applicants of the issues as soon as they became known, hut in the interim the a|)plicants had purchased the properly. The applicants arc re«|uesling uncr-lhe-facl ajiproval Cor hardcover variances within the 0-75’ setback and the 75 -250’ selhnck and a conditional use permit lor retaining walls and grading within 75’ of the lake that wn.. conducted by the previous owner. .Stair finds that there is no hardship inherent to the land to Justify granting the conditional use permit for the grading or a voriance for this type or amount of hardcover within 75’ of the lake. City Code provides propeilies with steep slopes u stair ncce.ss to the lake yard rather than conducting extensive topographic alterations. With the exception of the two graded walkways, a majority of the boulder hardcover is strictly aesthetic. It is .Stall's opinion these graded walkways arc unnecessary as a partial stair system ciiiienlly exists and would only need to be extended for lake access. Curtis staled additions of boulder boideis and related non-.slriictural haulcover in the 75’-250’ /one wordd not have ie(|uired a City permit; although this installation places the 75’-250’ /one out of hardcover compliance. Curtis indicated the grading and hardcover additions in the 0-75’ /one bring the entire (W05-3074 .Sean and MHissu WniiilHild, Cuntinneii) piopcily’s hmdcovei status under leview. Since the additions of the laiuldcr borders and llagslone patio areas have incieased the hardcover level above the jK'iinitted amount within the 75’-250’ /one, the I’hmning Commission shoiilil discuss whether or not to grant a variance to allow the current level or recommend removal of the I.5H / square feet of coverage. Staff reconiinends removal of the hardcover in the 0-75’ /one and 75’-250’ zone that is not strictly necessary for lake access or sIo|h: stability ns well as removal of the boulder borders that cros.s the property line. Mr. Wambold indicated they closed on the property October 1 5"' and were contacted by a realtor shortly therealter regarding some hardcover and setback issues V.. mbold stated to their knowledge the prior owners arc in Aii/.ona somcwhciv and they piobniily would not lie able to locate them. Wiimbolcl indicated there is extensive landscaping on the properly, which was one ol the reasons wliy they purchased the property, and t!;,it they anticipate doii g some rcinodeling in tlie future. WanibolJ stated they would like to bring the pro|>erty into compliance but that they were not aware of these issues at the time of the purchase since there was nothing in (he file. Wambold noted they would have to incur significant expense in :emovingthe landscaping. Kahn asked for public comment. (icorge Daniels, I37S Park Drive, addressed the (Council regarding the improvements made by the previous owner. Daniels indicated a number of big pieces of C(|uipment were brought in to do the work but that in his opinion there was not a formal plan ever submitted. Daniels stated he would like the Planning Commission to allow some steps down to the lake in order to enable the new property owners to access that area and maintain it. Daniels noted some of the boulders arc located on his property, which he was not aware of at the time the work was completed. Daniels sugge.stcd a landscape plan be submitted to Staff. Kc i Wambold stated if steps were constructed in that area, it may be necessary to bring fill back in, which in turn could cause erosion down into the lake. Kahn stated in his view (he Planning C.'ommission would look at this application ns if the landscaping were not there and decide what is ncccs.sary to allow access to that area. Kahn indicated he tends to ngicc with Stafl'tliat whatcvci hardcover is not necessary for slope stahili/ation he removed. Jurgens stated he understands the applicant.s* desire not ti) liavc to redo the work and the c.xpcn.sc involved, hut that pcriiaps one option is to locate the previous owner. Jurgens suggc.* tcd a possible course of action tonight is to (able the application in order to give the applicants some time to hire a landscajK* architect and arrive ot a plan for what should be removed and what they would like to have in that area. (M0.^-J074 Sean and Meli.ssa Wambold, ('onlini vd) Winkey slated since the applicants arc planning to do some remodeling in the future, it might be in their be.st inter cst.s to have some ideas about what type of work would be done in connection with (he remodeling Leslie pointed out that any variances granted by the ('oimcil would c.xpitc at a certain point in time and (hat (he applicants may not be able Ur accomplish the termuleling and removal of the larutscaping at the .same time. Wambold stated they arc hoping to lie able to do the lenuulcling .sometime (his fall inil (hat (here is a possibility it would l>c delayed. Leslie noted (he remodeling would be a separate application. L Jurgens slated the applicants might want to take into consideration the remodeling project when they redo the landscaping. Jurgens pointed out the applicants would only be allowed 2S percent hardcover in this area. Wambold asked what amount of hardcover the Planning Commission is looking for in this area. Jurgens stated they would tike the hardcover to be in compliance but that at the present time he docs not have enough information to determine exactly what needs to be removed and \^hat should remain. Jurgens stated by tabling the application, the applicants would have time to work witli a landscape architect and staff to come up with a new landscaping plan. Rahn stated the applicants would only be allowed to keep whatever hardcover is necessary to maintain the slope in the 0-7S ’ zone and that the Planning Commission at this time cannot determine exactly what needs to be removed. Kahn moved, Leslie seconded, to table Application M05-3074, Scan and Melissa Wambold, 1379 Park Drive, to allow them time to submit a landscape plan. VOTE: Ayes 6, Nays 0. pc fe& n, zoo^ 2. «05-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE - VARIANCE, 6:02 P.M. - 6:35 P.M. Sean and Melissa Wambold, Applicants, and Scott Marolz, Landscape Architect, were present. Curtis noted this application was tabled at the January Planning Commission meeting in order Tor the applicants to have time to hire a landscape professional to design a hardcover removal plan and to determine the areas of hardcover and walls which are critical to remain. The applicants have proposed hardcover removals in both the 0-75’ and the 75’-250 ’ zones. Hardcover removals within the 7S’-2S0 ’ zone would result in a reduction of 1,588 square feet for 25 percent total. Within the 0-75’ zone, the applicants are proposing removals, but have determined that 268 square feet of hardcover is necessary. Staff feels that the removals within the 75’-250 ’ zone are appropriate. However, in following with the City Engineer ’s recommendation. Staff feels that the wall and fire pit located in the 0-75’ zone should be removed ns well. The hardcover within this zone should be removed and re-graded as appropriate. Staff finds that there is no hardship to justify granting a hardcover variance to allow the hardcover within the 0-75’ zone. Staff recommends denial of the afler-thc-fact variance for the 0-75’ setback zone (MI5-3074 Scan and Melissa Wambold, Continued) and approval of a conditional use permit in order to remove e.\isting hardcover and to re-grade the lake yard. Mr. Wambold stated the reason for retaining one wall is that there are areas where it is necessary to hold back ground and that it would be necessary to re-grade and construct steps in the area. Wambold indicated they do have a grandmother that would not be able to use the steps, which is the rea.son for the grassy ramp. Wambold commented there are other property owners around the lake who currently who have boulder and/or wood retaining walls, and requested that one portion of the boulder wall be allowed to remain. Fritz.ler stated the Planning Commission usually docs not address what other property owners have on their property until the properly owner approaches the City for some type of permit but that the City docs typically require property owners to conform to all the regulations. Fritz.ler indicated he is in agreement with denial of the alter-thc-fact variance, but that he would be against leaving any of the hardcover within the 0-75’ zone that is not necessary. Fritzlcr stated he would be in favor of re-grading the urc:i. Kempf stated he is happy that a majority of the boulders have been removed, but noted that the fire pit is not necessary and should be removed in the 0-75’ zone. Kempf indicated in his view the existing boulder wall running down the side of the ramp appears to be functionally good for the lot since it allows for a Halter area above it as well as the ramp that is going down at an angle. Kempt slated the hardcover would not Iw improved if steps were constructed in this area and that re-grading may not improve the situation but could create an erosion problem. Kemprslated he would be in favor of retaining the one boulder wall that is still remaining since it does make the pro|)ei1y more useable and would require less re-grading of the lot. Lxsiie noted the applicants did not create this situation, but slated the Itoulders located in the upper area appear to be more decorative than structural. Leslie stated he is unsure whether there is a direct correlation between the ramp and the boulders, but that he is sensitive to Stairs recommendation and the recommendation of die City Engineer that some stairs may be nece.ssary. Leslie slated retaining the boulders is nut a solution. Marotz stated this area was backfilled at one time and the boulders are retaining the ground. Marotz indicated that area would need to be re-graded if the boulders are removed and would cause an erosion issue until permanent plant eover could be c.stablishcd, which would be approximately two years. Marol/. state I initially it was not necessary fur the wall to be located in that area but that fill was later hauled in that now requires that wall. Marotz slated substantial work would need to be done if the wall were removed and that erosion measures and extensive planting would need to be done. Leslie stated the question is whether the ramp could be constructed without the boulders. (#05-3074 Sean and Melissa Wambold, Continued) Marotz commented cotisidcrable re-grading in that area would need to be done if the boulders arc removed due to the prior backfilling. Kahn stated he is in agreement with Staffs recommendation. Marotz inquired whether the stairs arc excluded from the hardcover calculation. Curtis stated stairs arc allowed in the 0-75* zone. Kahn pointed out stairs to the lake would not Ik counted against any future project and that a stairway is allowed in the 0-75 ’ area. Frit/.ler stated he is aware that there are materials that can be used to pi event erosion and that there probably has Ikcii a signillcanl amount of dirt that has washed down between the rocks and into the lake already. Kahn commented the applicants could take extra steps beyond what Is being recommended by tlie City Engineer to prevent erosion if that is a major concern of theirs. Maioi/. noted it would lake a couple of years Ibr any plantings to take root and become established and that there would be a period of time where the applicants would not have full access to the lake. Keinpf staled it is his understanding the applicants arc not osking to re-grade this back to the original contours of the land. Rjihn slated ilic applicnnis could submil n re-RradinB and restoration plan and that they probably do not need to restore it back to the original grade. Frii/.ler in(juire«l wbeibcr it would be necessary for the applicant to appear before the Planning Commission again if Stall's recommendations are approved. Cinffron staled in his opinion the City Engineer could review the re-grading and restoration plan and that it may not be necessary for the Planning Commission to review the plan unless they so desire. Chair Kahn asked for public comment. Jeff Danbury, 4410 Shoreline Drive, Spring Park, inquired whether the botddcr wall looks worse than a wooden set of steps down the slope. Danbury noted they would constitute the same amount of hardcover. Danbury inquired whether a portion of the boulder wall could remain along with the grass ramp. Kahn noted the applicant is not limited to consirucliiig a wooden stairway and that there are other types of materials that could he used. (MOS-3074 Sean and Mcliua Wambold, Continued) Marot/ slated if some grading is to occur, it could be graded in such a way that a portion of the wall could be retained. Rahn slated in his view one of the issues is the visual impact from the lake and that typically all that is seen from the lake arc boulders. Rahn stated the City Hnginecr has determined that the boulder wall is not necessary and that the applicants arc not rerpiired to have ji stairway down to the lake. Leslie noted the .stairway being discu.sscd by the Planning Commission and the C.'ity engineer would be allowed in the 0-75* /one anil not in the area where the ramp is being propo.sed. Wombold commented if the objective is to reduce the hardcov er below 168 square feet of hardcover within the 0-7S* /one, leaving a |H)i1ioii of the boulder wall and having a lamp would be Ivetter than conslrucling stairs. Rahn stated if the .stairs aie not necessary at all, then the Planning Commission would prefer no stairs. Pritzlcr commented in his view this slope may not need a stairway. Maiot/. noted the City l•ngincer did recommend that stairs be allowed on this property due to the slope. Wainhold stated they would rather have a ramp than stairs. Wambold asked if they are able to reduce the hardcover to below 168 sipiare feel, whether they would be permitted to leave a portion of the hoiildei wall. Rahn inipiired where the 168 sipiare feel figure comes Imm. hey probably do not Maiol/, indicated that is the ainoiint they calculated would be needed to construct a stairway to the lake. Planning toration plan and that i so desire. II looks worse than a c amount of long with the grass [here arc other types •rtion of the wall typically all that is the boulder wall is : lake. l-nginccr would be cet of hardcover d be irciter than Id prefer no stairs. iy due to the slope. are able l»» rnhtcc portion of Lho Kenipf commented Cimctionnlly the boulder wall is probably less disruptive to the whole yard as far as erosion control than to re-grade and Hint the same objective could be achieved by reducing the boulder wall to 168 S(|uarc feet or less, with removal ol the lire pit. Kenipf stated in his view there is nothing particularly offensive with having one boulder wall. Rahil iiu|iiircd how the length of the wall would be shortened. Maiot/. stated down at the bottom ol the wall they would not lie able to leinove any of the boulders but thni they could relocate some of the dirt towards the top and eliminate possibly the first I feet of the wall. Kahn stated in his view there still is the visual affect of the wall from the lake. Curtis noted in past situations where a retaining wall has been allowed to remain the City has re(|uired vegetative screening of the wall. (#05-3074 Sean and Melissa Wainbold, Continued) Ureiner indicated she would be fine with allowing a portion of the wall to remain ns long as it was under 168 .sipiare Icet and it is screened with vegetation. Mremer stated there may be some confusion over the City Engineer ’s letter since he indicates that the boulder wall is not ncccs.sary but that due to the steepness of the wall they should be allowed a set of stairs. Hreuier stated in her view it does not appear that this slo|>e would need a stairway in order to access the lake. Uremer stated the Planning (..’ommission typically looks at aner-the-fact variances on what they would have allowed prior to the work being completed and that this work would not have been alloweil had the proper .steps been followed. Itreiner indicated it is difficult to tell from the City l•llgincer ’s letter whether the steps would be allowed all the way from the residence down to the lake. Curtis stated re-grading the jiroperty could result in the recessity for the stairway to be c.xtcndcd .somewhat but that it is not necessary for the property to be re-graded back to its original grade. KmIiii iiioveil, Kenipf .seeunded, to reenniinrnd deniiil of the nfler-lhe-fuct hardcover variance and to reeoinniend approval of u conditional use permit in order to rc-graJe the 0-75 ’ .setback /one, with the npplieant.<i having the option of chousing whether to retain a portion of the boulder wall, subject to the hardcover in the 0-75* /.one not exceeding 168 .si|uure feet and further .subject to appropriate vegetative .screening Iwing provided for the wall, or to construcl u .stairway down to the lake not to exceed 168 .s(|iiare feet. VO I K: Ayes 4, Nays i, Leslie opposed. Leslie Hilled the 168 squaic feel i.s a picsimipliun on the part of ihc applicant and is not what the City luigiiiecr is slating in his letter. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279 AND 78-1288 FILE NO. 05-3075 WHEREAS, Mitel) Olson and Kim Olson, husband and wife (hcrcinaOer “the applieants") are the owners of the properly loeated at 3275 Carman Road within the City of Orono (hereinaOer the “City”) and legally deseribed as follows: Lot 6, Bloek 1, CARMAN COVE, Hennepin County, Minnesota (hereinancr the “property”); and WHEREAS, the applieants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to allow construction of a three car garage and reconstruction of the most lakeward exterior wall of the home requiring a hardcover variance for the 0-75’ zone to allow 1.92% hardcover when 3.45% currently exists and 0% is nomially allowed, a hardcover variance for the 75’-250’ /.one to pennit 30.73% hardcover when 32.88% currently exisLs and 25% is normally allowed, a lake setback variance to permit the most lakeward wall to continue at a 68* setback when 75’ is normally required, and an average lakeshore setback variance as the property sites on a point where the home is located further from tlic lake than the neighboring homes but encroaches past the defined average setback line. NOW, THEREFORE PE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File 05-3075. I he property is located in the I.R - IB, Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. The Planning Commission reviewed this application at a public hearing held on l•cbruary 22, 2005 and March 21, 2005 and rccummendcd approval of the variunce.s ba.sed on the following findings: Page I of 6 1 1 < I ii 4. 5. a. No increase in hardcover in cillier the 0-75’ or 75 ’-250 ’ zone results with the proposed improvements. b. A net reduction of 502 s.f. in the 0-75* zone results with the revised proposal. c. A net reduction of 286 s.f. in the 75 ’-250* zone results with the revised proposal. d. The most lakeward wall, setback 68’ when 75 ’ is required, is being rebuilt due to rot and will be located in the same locution tlius not encroaching any further on the required 75 ’ setback. e. 11)c property is situated on a point where almost the entire lot is lakeward of the defined average lakcshore setback line but where the orientation of the existing residences and proposed addition will have no new impacts on lake views enjoyed by nciglibohng property owners. The City Council has considered this application including the findings and recommendation of the Planning Commi.ssion, reports by City staff, conmicnts by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the connnunity. I'he City Council fnuls 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 nut adversely atfect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring pro|)eriy; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is nece.s.sary to prc.serve a substantial property right of the ajiplicanls; and would be in keeping with the spirit and intent of the Zoning Code and Coinprchcnsive Plan of the City. Page 2 of 6 CONCLUSIONS, ORDRR AND CONDITIONS Based upon one or more of the al)ovc findings, the Omiio City (.’oimcil hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to allow construction of a three car garage and reconstruction of the most lakeward exterior wall of the home requiring a hardcover variance for the 0-75’ zone to allow 1.92% hardcover when 3.45% currently exists and 0% is nonnally allowed, a hardcover variance for the 75*-250’ zone to permit 30.73% hardcover when 32.88% currently exists and 25% is nomially allowed, a lake setback variance to permit the most lakeward wall to continue at a 68 ’ setback when 75’ is nonnally required, and lastly an average lakcshorc setback variance as the property sites on a point where the home is located further to the lake than the neighboring homes, subject to the following conditions: I.Council approval is based on the site plan submitted by the applicant and annotated by ('ity staff, attached to this Resolution as nxhibit A. Any amendments to the site plan which arc not in confonnity with (’ity codes will require further IManning (,‘ommission and City Council review. 2. Hardcover in the 0-75’ zone shall not increa.se above the level of 632 s.f. or 1.92%. Hardcover in the 75-250’ zone shall be limited to 4,078 s.f. or 30.73% per the proposed plan and hardcover allowance summary as depicted on F.xhibit A. Applicant is advised that any future requests to incrca.se hardcover or change the nature of cxisting/approved hardcover shall require City appriwal, and increases in hartlcovcr will not likely be approved without concurrent reduction in exi.stiiig hardcover. 3. Applicant shall remove all pla.stic or fabric liner material from the decorative landscape beds on the property to emsurc their penneability as non-hardcover surfaces. 4. Ret|uired removals of structure and hardcover shall be completed by footing inspection (or the proposed garage luldition. 5. Authorities granted by this resolution run with the pu)pcity not with the applicants, but are permissive oidy and must be exercised by obtaining a building pciiuit for the new construction within one year of the dale of Council approval, or the variances will expire on that date (March 28,2006). Page 3 of 6 i 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 applicants have read, understand 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 cliain of title of the property. Adopted by the Orono City Council on the 28'*’ day of March, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) 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 A > . ^ A ' ■■ ' ^ --------- ---------✓-----------------------------— municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN I'he foregoing instrument was acktiowledged before me on this _ day of , 2005 by Linda S. Vec, City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of 2005 by Mitch Olson, husband of Kim Olson, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Kim Olson, wife of Mitch Olson, husband and wife. ^2005 Notary Public Page 6 of 6 \ VJ^ CM (/) \ O. CJ I s?I cc < '4VkLt 1 *0 v> r'^ ■ • , - -4 •5J»-0 A, V- a:> 1^?i '‘W .'•; • .A^ '.'V. \,im\ \o CM -i .V': ..v^ vO *. M i Mi tO I/'' \ ’o‘ «M fJL5 i fTl"D rt*r ^$v \ Exi3T\fO€|3rji\)aue€ NEW fl»WX£VEH* / iM .1 To &e: litMoveD 9 ■ /,' CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3075 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 22, 2005 TO: Mitch & Kim Olson COPIES:Katherine Taylor Homes 3275 Carman Road 1665 County Road 24 Excelsior, MN 55331 Medina, MN 55356 TYPE OF APPLICATION:0-75’ & 75 ’-250’ Hardcover Variances, Lake Setback Variance, Average Lakeshore Setback Variance DATE OF MEETING: March 21,2005 Planning Commission recommended as follows: To approve the revised request as submitted. VOTE:FOR AGAINSr Applicant’s next scheduled meeting is confirmed as: City Council - Monday, March 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 the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. 1 1 L Exhibit C »05-3075 March 2I.200S Pu|>c I of 3 Dulc Apiiliratioii Received: I2-2I-04 Dale Applicalioii Cuiisidcrcd as (.’umplcic: I'S'OS 60-Day Review Period Kxpires: 3-S-OS exiciided lo 5-S-OS To:Cliair Ralin and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Giindlach, City PlannciJ^ March 17,2005 Subject:05-3075, Katherine Taylor Homes on behalf of Milch and Kim Olson, 3275 Carman Road, Hardcover and Average Lakcshoie Setback Variances - Public Hearing Zoning District: l.ot Area: Lot Width: LR - 113, One I'amily Lakcshorc Residential District (I acre min.) 1.06 acres (46,148 s.f.) 483.96 ’ @ Shoreline; 215.5’ 75’ setback Application Summary: Applicant requests the following variances in order to construct an attached three car garage: 1. Hardcover variance to permit 30.73% hardcover within the 75’-250’ zone when 35.9% was originally requested, 32.88% currently exists and 25% is nonnally allowed (see hardcovei section below as hardcover calculations have been revised). 2. Average lakeshore setback variance to pcmiit both additions to be constructed in ______front of the average lakcshorc setback line.______ __________ Staff Recommendation: Staff recontinends the following: 1. Approval of the requested hardcover variance as shown on the revised plan as no increase in 75’-250’ zone hardcover is proposed and a net decrease of approximately 286 s.f. results. 2. Approval of a 0-75’ zone hardcover variance is aPo technically required. Staff recommends approval of 1.92% hardcover as 3.45% currently exists and 502 s.f. is proposed to be removed. 3. Approval of a lake setback variance is also required as the most lakeward .southwestern wall of the home is being rcconstrucled where it is setback 68 ’ from the lake when 75’ is normally required. There will be no further encroachment towards the lake. 4.__Approval of the average lakcshorc setback variance as the property sits on a point ______where ahno.st the entire lot js closer to the lake than the neighboring homes. _ List ofF.xhibits Hxhibit A Revi.scd Survey Hxhihit n Revi.scd Hardcover Calculations Hxhibit C Rcmoval/Addition lllii.siratioii Mxliihit D - Revi.scd HIcvations Itxhihit H Revi.scd I'loor Plans <H05-3075 March 21, 200$ Pace 2 of3 lixhibit F - 60-day Extension Letter Exhibit G - Notice of Planning Commission Action dated 1-19-05 Exhibit 11 - PC Report dated 1-12-05 Background This application appeared before the Planning Commission at the January 18, 2005 regularly scheduled meeting. At that time the applicants were proposing an increase in hardcover of approximately 638 square feel to accomplish a garage addition and small kitchen bump-out (see attached report dated 1-12-05). The recommendation resulting from that request was that the applicant should attempt a re-design, which wouldn’t incorporate any new additional hardcover. Revised Proposal This revised proposal achieves no additional hardcover and actually lesidts in a net decrease of approximately 502 s.f within tiie 0-75’ /.one and 2K6 s(|uarc feet within the 75’-250’ zone. The proposal includes an attached garage measuring 31’ x 24 ’ with additional structure required to connect to the existing house. The proposed garage has been turned sideways to allow for side-loading and pulled completely out of the 0-75’ /.one. The driveway has also been relocated and re-routed to allow for a small turn around. Hardcover Calculations 'I'he hardcover calculations differ slightly from the original proposal. During the course of re-design the applicant’s surveyor discovered that the original 0-75’ and 75’-250’ hardcover numbers of 2.6% and 31.(>% were not accurate and that some existing hardcover had been left out of the calculations. Upon discovering this, the hardcover calculations have been re-calculated where the actual existing hardcover numbers within the 0-75’ and 75’-250’ /.ones are 3.45% and 32.88% respectively. None the le.ss the applicants have met the Planning Cotmnission’s original recommendation of no new hardcover based on the original hardcover calculations, ’fliis rcsidts in a net decrease of hardcover of approximately 286 s.f. within the 75’-250’ zone and 502 s.f. within the 0- 75’ /.one. Original Hardcover Calculations Hardcover /aiiie 0 75 75 250 'I'olal Area in /one 32,877 s.f. 13,271 s.f Revised Hardcover Calculations Hardcover /one 0 75 1‘oial Area in /one 32,877 s.f Allowed Hardcover 0 s.f (0%) Existing Hardcover 839 s.f* (2.6%) Proposed Hardcover No C'hangc .3,3 18.s.f 4,192 .s.f*4.8.30 s.f (2.5%) _____(316%)______(35.9%) Allowed Existing Proposed Hardcover Hardcover Hardcover Os.f '1,134 s. f *632 sT. „ ........Q>»5%)i ___(] 3J2%) I #05-3075 March 21,2005 Page 3 of 3 75 - 250 13,271 s.f.3,318 s.f.4,364 s.f.*4,078 s.f. (25%)(32.88%)(30.73%) stru ctural Coverage Total Lot Area Total Structural Cov erage 46,148 s.f. (1.06 acre)Allowed: 6,922 s.f. (15%) Proposed: 2,669 s.f. (5.8%) Stair Recommendation Staff recommends approval of this revised design as submitted, which inchides the following variances: I. Approval of the requested hardcover variance of 30.73% as shown on the revi.sed plan as no increase in 75’-250’ zone hardcover is proposed and a net decrease of approximately 286 s.f. results. 2.Approval of u 0-75’ zone hardcover variance of 1.92% as shown on the revised plan as no increase in 0-75’ zx)ne hardcover is prO|)osed and a net decrease of approximately 502 s.f. results. 3.Approval of a lake setback variance to permit reconstruction of the most lakeward southwestern wall that is 68’ from the lake when 75’ is normally required and 68’ currently exists. 4.Approval of the average lakeshore setback variance as the property sits on a point where almost the entire lot is clo.scr to the lake than the average setback line deimed by the neighboring homes. i /\ \ \ LgQgND O MNOfUMHVMIVMMMal O MMOTUWOMMTCUAflWrmi c* O DtMOflSaifCMIMil ** O otNonsmarNONtn wv A *1 —rtmrfnir—iM OMVaMMUOtffUrVtMB O MMiaMVtiaiMOHIMOVr • rr nTTimiMiBwiMrMwi ^ otNonsrm ■■— ecMornatTiiMMau i * A K\ virM ncreciMiocATcom 0-7SFT.OFOHWf*0% 78.280 FT. OF OHMr*2M 280800 FT. OF OMW • 30% PROPOSED IMPROVEMESTS OtTAlt StMM I Men - M «*T Mwm Mrr hmkoim mci in'>. i UBWf* lfil/ill!| 78 roof STrsACX ImC NORTH SC4LC IN rttt 'N«il»n>r—N. -------'t XMr Mir «M Ni pl»i or « «*MM «W t«iMi bf «r iMiir mf *«u ^ M« I «M • kMMtf Iwii MVVror wiv f« taM------------------- OM Mi til «■, of iwiuwy. lOM 8AT>Mf#enoouwr. mq **$•• H«0covw calculMon thM tar I OMiil 0»«Mronl|F fhmi NOMHfeitaM OtariPirindii, i CAa « oii^sMaoo iw i EjOSTINGHAROCQVgRBYARgA 078 FOOT STTBACK AREA* 32.077 H FI final HA RQCOVER CALCULATIQliig 0-78 FOOT srra<^ area * 32.onao.Fi OOuc Om: 320 Oa FI ■•Mm 343 So. FI C0»</SlMNiAifOicA508aaFL tns^Fi OS^Fl S21 So W 100 • i.f3«ao.a FwwNiO* • 348i%TaMHMeovw0328o FI • •112% 78-280 FOOT SCTRACK AREA* 13.271 Si. FI 75-280 FOOT SFraAQ^ aria * I3JF1 So FI lOlMBt)2.130 8% a 1.700 So Fi 2.aS2 8%Fl 1.314 So-FI AMwylOlOiWMVLlM 4.304 a%Fi •3L00t%• 4.070 So FI •30 73% •30.13%•a §5% HARDCOVER .J.S £S denotes HAEDCOVEN to be EEM0¥ED iMSj ll- V mui 78 root ONC \ If EXHIBIT A REVISIONS UPDATE CAL(UAAtlOM0 REVlOE CALCIAATIONO _____mo»4 ^MAL HARDCOVER CALCULATIONO s m tu o It s»- X Q1 ^H1 ^ DRAWN > OOP CKKRCD QRO DATE W30I04 i6ile Af MORN j5fm--------------- 4400401 hit: LOT OERTIFICATI REV 3m A FADE EXISTING HARDCOVER IN ZONE March 9, 2005 ojs: LENGTH 75-250' WIDTH 250'-l HOUSE B GARAGE C. DRIVEWAY 0 SIDEWALK C. PATIO/DECK F. LANDSCAPE RET. WALLS OTHER X X X X X X X X X X X X X X X X X X 215 243 200 221 TOTAL HARDCOVER IN ZONE: 1.134 SF. / PROPERTY AREA IN ZONE 32.077 X 100 I PROPOSED HARDCOVER IN ZONE 0-75' LENGTH 75-250' WIDTH 250-500' HOUSE B. C. D E. F. OARAGE DRIVEWAY SIDEWALK PATIO/DECK LANDSCAPE RET. WALLS OTHER X X X X X X X X X X X X X X X X X X 200 221 100 TOTAL HARDCOVER IN ZONE: 0.32 S.F. PROPERTY AREA IN ZONE 32.077 X 100 S.F. SF. S.F. S.F. SF. SF. S.F. SF. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. SF SF SF. SF. SF SF. SF. S.F. SF SF SF. SF. SF. SF. SF. EXISTING EXISTING EXISTING EXISTING EXISTING MISC CONC/STFPS 3 45% EXISTING EXISTING EXISTING MISG STEPS 1 EXISTING HARDCOVER IN ZONE 0-75* LENGTH 75'-250 ’2S0'-I WIDTH HOUSE B. C. GARAGE DRIVEWAY D. E. F. SIDEWALK PATIO/DECK LANDSCAPE Q. RET. WALLS H.OTHER X X X X X X X X X X X X X X X X X X 1,607 449 1,769 89 199 TOTAL HARDCOVER IN ZONE: 4.364 S.F. / PROPERTY AREA IN ZONE 13,271 X 100 I PROPOSED HARDCOVER IN ZONE 0-75'7S'-250'250'-500 ‘ LENGTH WIDTH HOUSE B. C. GARAGE DRIVEWAY D. E. F. SIDEWALK PATIO/DECK LANDSCAPE RET. WALLS H.OTHER X X X X X X X X X X X X X X X X X X 1,607 129 746 1.314 TOTAL HARDCOVER IN ZONE: 4.078 S.F. / PROPERTY AREA IN ZONE 13.271 X 100 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. SF. S.F. S.F SF. S.F. S.F. S.F. S.F. S.F. S.F. March 9.2005 EXISTING EXISTING EXISTING EXISTING EXISTING EXISTING MISC CONC/STEPS 32.88% EXISTING ADDITION ADDITION NEW NEW EXISTING EXISTING 30 73% tr- it EXHIBIT C / Si l\% y IIS ":(r> /> / i '-'V'.> 1 A iiO > >n^ ^CO r-u:/ m X 'V? *v^s, ^:,4Wwmm\ ExisT^rOei 5rp.uau«€ AJEVJ fWXCVEP. / To BE REMOVED / / \6 > Mh ^ %,V7 r rvAnn WIAH afVATQN It^i « «i P < > P4 I. II il r*i X H O L<S^1ZZZZZZZZ. M Xa 5 H M »x - •=i » X-S. 1.1 i i Jn -- ?F T T % ^= = = --f= I I • I I i ir . -. ut- _ia!SSSKS!ll »• •^' ■ f*. : ''n • r-s 'x'i ^ ^! ^ • ^ 1 1 i i-k,ii ^<)9UMua>Ju& 4 W -* O H : o « M «M• _ ■r X ■ u : ^ <r 8 !l t UP k r •; '■ u M I • H M :i; I -r' l>l T mm^WJtMi « Z • hZ u M I!: i*■ u :« w < a t 9u r' I I 8 i EXHIBIT F \\A - tm J'/,\T> '1 ■ •> V:-'vv GITYofORONO Manicipal Offices strati Addreit: 2750 Kelley Partway Orono, MN 55356 Malllni Mdren: P.O. Box 66 Crystal Bay, MN 55323 0066 March 1,2005 Mitch & Kim Olson 3275 Carman Road Excelsior, MN 55331 Katherine Taylor Homes 1665 County Road 24 Medina. MN 55356 RE: 60-DAY EXTENSION Dear Mr, and Mrs. Olson; 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 21, 2004, and was deemed complete on January 5, 2005. The 60-day review period would end on March 5, 2005. However, because additional information has been requested and because your application was tabled by the Planning Commission at the January 18”’ meeting, the earliest potential 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 May 5, 2004. If you would like your application to be heard at the March 21** Planning Commission meeting you must submit revised plans incorporating the Planning Commission’s earlier recommendation by March 14, 2005 by 12:00 NOON, Should you have any further questions I can be reached at 952-249-4623. Sincerely, City of Orono Janice Gundlach City Planner lUcphooe (952) 249-4600 • Fax (952) 249-4616 www.ci.oroiMMnn.ua iuaiik ! * Is 1 EXHIBIT G CITY OF OHONO 2750 Kelley Parkway P.O. Boi 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3075 NOTICE OF PLANNING COMMISSION ACFION DATE OF NOTICE: January 19.2005 TO: Mitch & Kim Olson COPIES: Katherine Taylor I lomes 3275 Carman Road 1665 County Road 24 Excelsior, MN 55331 Medina, MN 55356 TYPE OF APPLICATION:75 ’-250* Hardcover Variance, Average Lakeshore Setback Variance DATE OF MEETINi;: January 18,2005 Planning Commission recommended as follows: Table. 'Hie applicant was directed to attempt a redesign in an effort to not increase the current levels of hardcover on the property. VOTE:FOR 0 AGAINST Applicant’s next meeting is tentatively scheduled for: Planning Commission - Tuesday, February 22,2005; meeting starts at 6:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they arc available from the City Recorder after review and approval by the Planning Commission or Council. If you have quc.stions, please call City Planner Janice Guiullach at 952-249-4623. MS-307S January 18.2005 Pace I of 4 Dale Application Received: 12-2I-04 Dale Application Contidered as Complete: 1-5-05 60-Day Review Period Eipires: 3-5-05 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Date: Janice Gundlach, City PlanncrA^A January 12,2005 Subject:05-3075, Katherine Taylor Homes on behalf of Mitch and Kim Olson, 3275 Carman Road, I lardcovcr and Average Lakeshore Setback Variances - Public Hearing Zoning District: Lot Area: Lot Width: LR- IB, One Family Lakeshore Residential District (1 acre min.) 1.06 acres (46,148 s.f.) 483.96’ @ Shoreline; 215.5’ @ 75’ setback Application Summary: Applicant requests the following variances in order to construct an additional attached single garage stall and a 2’ x 12’ kitchen addition; 1. Hardcover variance to pennit 35.9% hardcover within the 75’-250’ hardcover zone when 31.6% currently exists and 25% is normally allowed. 2. Average lakeshore setback variance to permit both additions to be constructed in front of the average lakeshore setback line. Staff Recommendation: Staff recommends the following; 1. Denial of the hardcover variance request as no valid hardship has been demonstrated to allow an increiise above the existing non-conforming 31.6% level. 2. Approval of the average lakeshore setback variance as the property sits on a point where almost the entire lot is closer to the lake than the neighboring homes. The applicant is advised to revise the plans to incorporate hardcover removals so that the hardcover level does not exceed the current 31.6%. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (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 gteater 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 lakeshoie than the average distance fr^'m tlie r % ^ f I I m-ms January 18,2005 Pace 2 of4 shoreline of existing residence buildings on adjacent lots; except that this docs not apply to stairways, liHs, landings and lockboxes. Further, the average lakeshore setback shall apply only to classillcd lakes and sliall 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 - Hardship Documentation Form Exhibit C - Existing and Proposed Survey Exhibit D - Hardcover Calculations Exhibit E - Proposed Elevations Exhibit F - Proposed Floor Plans Exhibit G - Aerial Photograph Illustrating Average Lakeshore Setback Exhibit H - Adjacent Property Owner’s Acknowledgment Form Exhibit I - Property Owners List Exhibit J - Plat Map BackgrouDd The applicant originally submitted a building pennit for this proposal. At that time they were informed that their proposed hardcover exceeded the allowable amounts. Upon meeting with the applicant ’s representative it became clear that an average lakeshore setback variance would also be required. A pre-application meeting was conducted at which time the applicants submitted application for both a hardcover variance and an average lakeshore setback variance. LOT ANALYSIS WORSIIEET Lot Area/Width LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acre)140 ’ Actual 46,148 s.f. (1.06 acres)484 ’ Setbacks I.R- IB Required Existing Proposed Front N/A N/A N/A Rear (street)30’108 ’100 ’ Left Side 10 ’19 ’No Change WS-.107S January 18.2005 Page 2 of 4 on adjacent lots; except that this ngs and lockboxes. Further, the y to classified lakes and shall not re setback line shall be a straight isions of the residence buildings s. shore Setback t I’omi lliis proposal. At that time they the allowable amounts. Upon ;lear that an average lakcshore ition meeting was conducted at :h a hardcover variance and an •05-.S075 January 18,2005 Right Side 10’41’No Further Encroachment Lakcshore 75'70’No Further Fincroachment Average Lakeshorc All of property except 15’ from street 70’ Encroachment No I-'urthcr Encroachment Structural Coverage Total Lot Area 46,1 48 s.r. (1 .06 acre) Total Structural Coverage AI lowed ” 6^2^r (i 5®^^^ Fropo.sed: 2,74.3 s.f. (6®^) Hardcover Calculations Hardcover Zone 'I'otal Area in Zone _ 32,877 s.f. 13,271 s.f Allowed Hardcover 0.s.f “ m___ 3,318 s.f {25%) Existing Hardcover 839 s.f* 4,1 92 .s.f* (31.6®/o) Proposed Hardcover No Change 4.830 s. f "■ (3 5.9%)__ * Alter exclusion of fabric or plastic-lincd landscape beds Average l,akeshore Setback Variance The property is subject to the average lakcshore .setback requiremenfs due to its ailjaccnt neighbor s al.so having lakcshore properties. However, the applicant’s property is located on a point which results in the entire .slrncturc lying within the defined averaee lakcshore setback. I his rc(|uires variance approval. Hardcover Variance The existing property contains 4,192 s.f of hardcover within the 75 ’-250’ zone Zoniim Ordinance section 78-1288 (b) requires that the 75 ’-250’ zone contain no more than 25% hardcover. I ins project proposes construction of an additional 638 s.f of hardcover or an additional 4.3®/. requires hardcover variance review. Ilard.ship Stutement Applicant has provirled a brief hanlship statement in Hxhibit B. anil shoiiUI he asked for additional testimony regarding the application. Annly.sis /« ramiJerinK appHcathtts for vorlam e. thr Planning Commission shall l onsiJtr the effect of the Zme . exhtloK and onticipateJ for variances from the literal provisions of the /.onin^ Code in instances where their strict ^ enforcement would cause undue hardship because of circumstances unique to the Individual ///?recommend approval only when it Is demonstrated that such actions will be in keeptnti wUh the spirit and Intent of the Orono /oniny i ode. /K05-.1075 January 18, 200S Pa|cc4ur4 Staff finds that a hardship exists in order to grant u hardcover variance above the allowed 25% due to the nature of the lot existing on a point with over 480’ of sliorclinc. Because of the nature of the point and the orientation of the home on tiic lot, some additional land exists for infiltration purposes, fhis is because shoreline exists around two sides of the irome where normally a lakeshorc lot only provides infiltration in one direction towards the lake. However, based on the runoff direction and the additional land through which storm water infiltration occurs, staff finds that the existing level of 31.6% is probably the maximum level of hardcover that the property should be allowed based on the hardship mentioned above. Staff finds that no other hardships exist to allow an increase above 31.6%. It is recommended that the applicant explore po.ssibly a deeper garage over existing hardcover and an alternate interior kitchen redesign to achieve the goals of this project. That would prevent an increase to the current level of luudcovcr. The applicants are al.so advi.sed to look for areas of hardcover reduction, possibly within the 0-75 ’ ^onc, if a revised plan would create new hardcover. Stall finds that a hardship exists in order to grant an average lakeshore setback variance. The intent of the average lakeshore setback requirement is to preserve the adjoining neighbor’s lake views. Because this property is located on a point, and due the nature of the proposed additions, the neighbor’s views to the lake will not change. liiC garage addition will be located in the front of the house where no lake views currently exist, and the kitchen addition is proposed on the eastern side of the home hidden by the existing kitchen wall and behind the garage. This average lakeshorc variance request would qualify for administrative approval had no other variances been needed and the neighbor’s had given their written approval. Therefore, approval of this request is recommended. IsNues for Considenition 1. Dues the hardship mentioned justify an incrca.se above 31.6%? 2. Would any increase above 31.6% 'oc approved? 3. Are there alternatives to the cunent proposal? 4. Can this property support the hardcover associated with a 3-car garage? 5. Are there any other issues or concerns with this application? Staff Kecuiiuneiidaiioii Denial ol the hardcover variance rcijucst. Instruct the applicants to redesign to prevent an increa.se above the current 75 ’-250 ’ hardcover level. Approval of the avciage lakc.shorc .setback variance as the piopcrty is located on a point and no lake views will become obstructed based on the current design. City of Orono Variance Application V. street Address: 2750 Kelley Parkway Orono, MN 5S3S6 Application # Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay. MN 55322-0066 Dale Received: Amount Paid: Staff: ____■ Fee:$600 Renewal: $300 After-the-fact $1,200 Double Fee This appiicaUon form must be completed in full. App scant 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: 3:37fr 'PoAir Property IdentificatTon NumberYPIN): IV/ 7 - ~ CO/a? (Attach legal description to application if not included on the survey.) A gk ^ k S aI4 ^ ##• mmm ^ a • y, I %w « M liwi V-M I Ulc; OUlVCJy./ Date Property Acquired (month/year): □ Yes. I own the adjacent parcels. Present use of property: B Residential □ Other Zoning District: 2,/^ •/£.________ APPLICANT INFORMATION: (Complete legal na.-;es and marital status required for each interested party) game: HtmSS Phone (home): ______________________ Address:, ^JUuAV ia J Phone (work): 7^.-?- E-mail; thmsK rs l//S/, OWNER INFORMATION: (Complete 'egal names a-d mantal status required for each interested party) Name: fAiTCH »- ^r/rt n/.KOfJ___________ ________________ Phone (home);______________Phone (work): , 4 7/^ Address: _ f^rrtail: _ Mi rct-t e~i_lo mcnsi . clam ■A Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ________________ (P ADO ~?i*^ STPt-u -TD ~ __J i^eT^C/^C-g AmO uJiKItn^iAj^ /VJglQ Aoof^ fig-----W FT. T/i^uEYZ. ^ ____ _ cgTLiMO- 7 Fr. \ RgBua_b Qg* 7TfHJL.^ie _(P POSH __Ci/r uJAlx. ________A a JP To PtfCiC Post*. s._rrr f KlO g A/1 tr gViSTiNifl. n\.ttiZY^/=iKir. f\ rij esHO ’ City of Orono Pre-Application Meeting Form (This form Is to be completed by a City Planner during your pre-application meeting.*) Stmet Addross: Mailing Address: 2/t)0 Kelley Parkv/ay P.O.Box 66 _ Orono, ly.N 5f)356 Crystal Bay. MN 55323-0066 Meeting DalerTime: IlltOffVf /> For Office Use Only: City Planner: ^hlKJT. Main: 052-249-4600 Fax: 952-249-4616 I UIIV7. PC Date: sJrVi/ fiidt fir?''9- What is the purpose of a pre-application meeting? Pro-application meetings aid the applicant in preparing a comploto proposal, inform them of the procedures and requirements of the city code, and identify poficies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: sue Address: , /D Ata/o ________ Property Identification Number (PIN): - //7- Zoning Dislrid; ^ /f./A Size of Property: z/^ A/g-r? - 7o /, .z... f ' Ji ^ DESCRIPTION OF REQUEST: Average Setback □ Side Yard Setback □ Rear Yard Setback P^Hardcover □ Lot Coverage □ Lot Area □ Ottier: /l^ffltQ 'll) ^Vd\JL' / NLlD&h □ Front Yard Setback □ Lot Widtli Applicant’s Initials; HARDSHIP: Applicant has received the Hardship Documentation Form, cu.understands it as it has been explained to them, and is aware that it must bo completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: ‘Ploaso noto: Your variance application will NOT bo accepted without a pre-application meeting duriiuj which this form will bn completed by City staff. Applicant Signature:Date: /d^ - 2^ /kJ V...VP’A tt / *• ' ^ ••^ > yu • .1 l» ; 7/i < I fc .J. * 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 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 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 address each of these hardship criteria as they relate to the request (some may not apply); 1. 2. 3. 4. "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." li A Lc>T Ik) LTfiPenZ. enJ 3. . ^\iT u)A-reie. a*9<zj^ 'The variance, if granted, will not alter the essential character of the locality.' __Pfii. I^fcsr^ipe ____________________ "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 1 y ^ 0 . • ..“ji; t . ft ** * . • • (' t ••• / r ti e 5. 6. 7. 8. 9. 10. 11. Page 2 of3 “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 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." "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." uJfTH rA aRjS . “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ^ At>OUT A “3-5 f m "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 Code." t*' .» ,m ) •. V.. s il-.r Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." n V •r • 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 nGC0sssry)* * (T) UMe /*» ntjo iaJ ___ j2eMoPe2^i k J a . ^^es7^j< ^t uj>ooi~/y Aj/rr At^cJcr" /aJ i • ov/e^gr^iArKir. is. 5^/X<»<s,/^ i prAk^tKi il ^ fi-oc>g=-------- ___fvi^s=KT>r. ^ -i/?mi B bxu ^^ uoui ourr-ap- T:>A-rer (^UnO^R. 'S»t£>. S' At-t. oht LAKe^ltie' f=AU^ Thif- -75" ft: ^yrrf3>A<u<. ^ l> i/z<= A \JA/p.iak }qas-^ RAL^lt^C. fixion hitnC,H-r ^9 '/ FT. ctJii-U 752.0s.ses amp Fljuu l4e-i&.(A,r- txJ /UDOia/S , S> CAJQsf^ A/Qouf^t> uc>T C.(Ze7^ nKlGt A VS'FT. S( pg~ sez' ^4o< . ^7 %OF Tn-ttV L.o'T /s UUl3> uiut>A^cjs- MV ud V f?e^T^iic/n. -IXJ '4_ Sd?oA/et? OF M9 KtTLL.'^ A O', 3»ii OARACwG Vb /3F i^ocAi-rsib oaJ /<VS/C>^— op- BU(uOl KSCy^ L.'’^ mot iH S-eT-a/tOC ARens. thmJOcjc^^mTZ. oi4u^, Pl.A<JS to PAFJ<- oR ’TORFi AR-oosSD Ffc^e ^•Ci' Ai>0L.r Pre.i9<^7e., (g) -re ovaCHAUi. OFF KiTc-neK! C'^tru fjo FouMbATfOjjy s Of<- &JFl/y\TioaS%. Tt> /<2tJ7>7<4-#Aj TH^ SAMS'. MtfHJ AODiTioKt tS o'MOerS EXt^Tl/^C. ouS^t-t-x^Co ^ il UMaul IMMM i^«i4aNn>n f IlilllMMHt itnvwMtani iinivmuM»>liailM iimfwMfltfum iM» ••na • iwf «1tunawffgmg^I . 'i HIt: PCSCRTTlOH or >*WOPCHTY lalA.I, r>«IIMN(:U¥l . m—I.M—m»ir«Mw»y. mzuji 1 ) IM» «Mrv«f tfoM not »• •hoHMiR an I Im MiKayo a iil )«ar<whr ria uaMfwtai IhamMKtgu a«aa iarallnn olrnif matt rnmmg wHat latoa caamn On anifc Tla Mviiiaini aha! ba Ml|f »M«inn»«ila lof aivy and af #ai«agM aminQ oMl of Mi laiuia lo atatMy te ala and pailacf at aaMtiy umr i ? ) toailaci C«Ot*l€ M SIAIi UNI: CAU al tfti 4S4 OOQ2 km kn aNwi of idHaa pnot to m*f 3 ) A Wto oftmkm mm not kantoliaU to Iw Mavayta and no Htoi.dk Mia loanit km oiKlaraa la non aatotonta ol laumtod i« un launlai) aaaotttor^* Koa taan c4»Hliartod by toa iMfaofiB m part of 9m Mavoy S )A^ • ClfOM 4t Utl Ad rt f M Affot (toMaaaAooi Maian) m I *AatnaUa< at pntvktod by tia Plani*di Ua partWMN «|f •«t ) /•■a<g and rty vt Onaai /twmrg IN IB (Una f onMy (atoahiao Ni I OH(.k «| Batooiki Hmm JO tool Sk*a fOtool lakaahna 7& tool bum Onllnoty »i||b Waloi liia (Cunioi I 9m Tty oi <kona to* laura tpouMt latoaiJ. mBimatir) 111 l< U» OHUNU) 0 la f t. Of OHN • 0« rsnoM u» oNMr«;s% 190 MOM UtUKIIV«3t% LAjaiBiU lOlito. MAIttCUVI H lOI ANtA • dBlii id n HANtk'tlvrN ANT A • SOIlSHfl COVIKAni:- 11t% r AtSTBIOllAWPCaVLRBY ARLA Q ;aiQOT straACN ANIA- tl.tff 9d M HAHPlUIVtII- BJiBdK liOVtUAlif- a IBi « AfttAa IJ.1MBB n HANUCOV%lla Alt] 3d H lAiVlNAOt- |ltt% ;>7aOrOOT SETBACK «UANAOC • IB] 8d N • AaNTiQN- If Bdfl CMrvfiMAVaiMiH n NtNovyoci^ aeisaf t lUtAfftlf Bd ^1- I toadhy cartfly MM PdiitMi ar If tfidtli I^C-13-aa«4 10:ai «M Ka«h»rlna Ta^«lor•• Ho««a TM 4TS 3-^14 j SETBAOKZONft (CIRI EXHIBIT D LATtONWO^I MO* :*^lilM00’ p. as mm A. HoUH I B. Oiras* c. Ortvoway ,0. Sidewalk e. PatityDaGfc f. Londaeap* Urtdadaln ByPlaatic 'a Ratalning WMf H.0lh«r TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - ^ PROPOSED MARDQQygW IN 2QNg A. Heuet 'unO^ B. Garage C. Driveway 0. Sidewalk E. Potieroaek F. Landeeape Undedam SyPMIe Q. Retaining Walla X t X X X X X X X X X X X e X X X X X X X X X X X H other TOTAL HARDCOVER l*» ZONE TOTAL PROPERTY AREA IN ZONE A _ _ __ _ _ _ ♦ B Zd Uci9l>:2T W302 gt '•330 ■RW • iP PBIBait'SSG: ’CN XbJ irtlAr^^iMlhriRirrti rni ^•■n . • H i:r-'r I I . . I • • ■ I ■ i m « I I )c 100 s m e ; • ; tm , x100 • I ! 8.F. uoeu r-TreSp OJ T-r;- \L: = z= = aHpfyUttm^ L-J til I .fei 2 "• i• U fi • lU I• ■ c»» u ! :< Ir* s ■ttii SVW-'* __ v,^ 0IaB I i)8 i Hll awomMu wa)l ■'l ar ■ '1 •■^'-'I 5 ^ •i W < J m X X S H **1 e 3 t I i8 i I 1 QiyV^jiUfiBsmtujL IBp A Cm I • H C u ac *• u I =; jr* i i-J ferJ A i f ■■-i . ■' fe'r .•-. fcr^y*^.•*•<.«.•; '■’Fy:,T « Kv.j-y 'AV:- T... Mm m ■ h - •. #'. ;7;. >■ ;tl ' ■'iM nlmS^fmiBISs mm Mi.. I v;V-.<«?X^T,'?J5!I .'A'fyi uhn » -V : I M wwm .pMirn^ -# i^T^W^x jj^' ^1^, v^-’/:’V.l'r::^ ■ ^» u i : :.41^. m M >•“/m .’* ... V^ -^ .■■ . <•-;>.kVV ■'r •- . • iv i.,,.>'.,./: . p.SP5. i '/ . -.■ '-,:,i’f;»>^;''’' -:.- lA ■ir ■•,■} r .,.:^fM^HI If'.*. •■■.‘''*‘5r pi'^5' 3,^;. [ I • KXIIIIIIT II I (we) ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM c^/a_____of 3 (La.vv>^>-v 10c [print name(s)] [print address] • • • • I %H ' have reviewed the plans for the proposed improvement or proposed use of the property located at (2xirrvt«.rx |g<.v___also referred to as Land Use Application No._________, I (we) understann 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) awaro of the improvement plans and that the proposed neighbor's project or Property Owner Date •«•*!»*•**«*•#•«« «««(»#«*•**«••***«•* A I (wo) l.a.vrt ) [pfint name(s)j of 3 ^ ^*5 GoLVKHav\ , [print address] have reviewed the plans for the proposed improvement or proposed use of the property located CAr-^txn £cl also referred to as Land Use Application No. _________. I (we) understand that in executing this acknowledgement, I (we) am (are) not jsked 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 pioposed neighbor's project or use requires Council approval. 'T '•A / ^ j I QvV ______/ property Qwner Date Property Owner Date Hcssian If you have any intormation 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 tj- i scheduled meeting date. if if ^ e .. j.a /r ‘ • L'i’ 4 • ••* V ^4 W RUN DATE; 12/1 }/3004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST • PAGE: » 3S 2011723140007 PROPAODR 2697 KELLY AVB OWNER NAME OARRYE MORRIS TAXPAYER GARRY MORRIS A PATTY MORRIS NAME/ADDR 2697 KELLY AYE EXCELSIOR MN SS33I 3( 20II723I400I0 PROP AOOR 3243 CARMAN RD OWNER NAME J S NIELSEN ft K R NIELSEN TAXPAYER JONS ft KIRSTEN R NIELSEN NAME/ADDR 3245 CARMAN RD EXCELSIOR MN 553 ’! 3B 20II723I400II PROPADDR 7263 CARMAN RD OWNER NAME D M HECTOR ft B K BOHN-HECTOR TAXPAYER D MARK HECTOR NAME/ADDR BONNIE K BOHN-HECTOR 3263 CARMAN RD EXCELSIOR MN 33331 38 20II723I400I2 PROP ADDR 3275 CARMAN RD O'VNHR NAME MITCH OLSON ft KIM OLSON TAXPAYER MITCH A KIM OLSON NAME/ADDR 3275 CARMAN RD EXCELSIOR MN 33331 38 20II723I400I3 PROP ADDR 3283 CARMAN RD OWNER NAME L R MOLSATHER A L D SALLEE TAXPAYER LR MOLSATHER ft LDSALLEE NAM E/ADDR 3285 CARMAN RD EXCELSIOR MN 33331 38 20II723I400I4 PROPAODR 293 CARMAN RD OWNER NAME T P LOWE ft R A LOWE TAXPAYER THOMAS P LOWE NAME'ADDR 3293 CARMAN RD EXCELSIOR MN 33331 38 20II723I400I3 PROP ADDR 3300 CARMAN RD OWNER NAME JOAN E NIELSEN TAXPAYER JOAN E NIELSEN NAME/ADDR 3300CARMANRD EXCELSIOR MN 33331 31 20II723I400I6 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME VILLAGE OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 38 20II723I400I7 PROP ADDR 2693 KELLY AVE OWNER NAME MARILYN H MCCLASKCY TAXPAYER MARILYN II MCCLASKEY NAME/ADDR POBOX6 MINNETONKA BEACH MN 55361 I tj I ' > % , J1 V >9 ^ * * f • ?•'i •• I CERTIFY THATTHE FACTS REPRESEKTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IT.TORMATION AS IT APPEARS Tl US DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAJCPAYER SERVICE DEPARTMENT-tO THE Bl OF MY KNOWLEDGE AND HELIEF. \lJ\^/oY c:---, h i. 4 4 i w s 09 H Honnepin EXHIBIT J Hennepin County Taxpayer Services Department ' V H It I'T-s r.;/ . 1? hV .* * i •' ./ . '•*Parcel Informationt * I Pmfitel ID 2011723140012 Hous« Number 3275 StrMt Nam« CARMAN RD This la not B iBQBlIy recorded map. It represents a compilation of nformation and data from City, County, and State road authorities and other somea. .V * > ‘ kdAnak;^ MiJUmfc^rfaMaaaa.i'h .r . I’ Dale Application Received: 12-22-04 Dale Application Complete: 12-28-04 60-Day Review Period Extended: 04-28-05 MAR 2 6 200:) REQUEST FOR COUNCIL ACTION C‘TY Oh UnoiMO Dale: March 22,2005 . Item No. ^1 Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: #05-3077 - Barry & Robin O’Rourke - 2300 Sixth Avc N - Variances Zoning District: Lot Area: Lot Width: RR-1B, One Family Rural Residential, 2 acrcs/200 ’ 8.4 acres (367,102 s.f.) 694’ List of Exhibits: A. Resolution per Council recommendation B. Council Action Notice dated 03-17-05 C. Draft Council Minutes 03-14-05 Application Summary: 'Phis application was before you on March l4, 2005 for after-the-fact side and rear setback variances for a lean-to horse shelter. The applicants were requesting variances for a 30 ’ rear yard setback and 45’ side yard setback where 75’ is required from all properly lines. Previous Council Action On March 14,2005, the City Council voted 4 - 0 to deny the after-the-fact setback variances. Planning Staff Recommendation Adoption of the attached denial Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. f A RFSOUJTION DENYINC VAKIANCKS I'KR lVfllNI(il*AI. /ONIN(.' CORK SKCnON 78-419 (10) KILF 805-3077 WIIKRKAS, the City of Orono is a municipal corporation organi/ct! and existing under the laws of tlic State of Minnesota; and WIIKRKAS, pursuant to Stale Statutes 412 et. sec|. and 462 et. sec|., the City Council of the City of Orono has adopted zoning regulation for the protection of the public health, safety and general welfare; and WIIKRKAS, Marry A Robin O’Rourke (hereinafter “the applicants’’) are the owners of the property located at 2300 Sixth Avenue North within the (’ity t)f Orono (hereiiKifter “the f’ity’’) and legally described as follows: All that part ol the Southwest Quarter (SW 1/4) of Section Twenty-Seven (27), Township One Hundred Highicen (118), Range fwenty-l hree (23), begintiing at the Quarter Section post of the Southwest and Northwest Quarters of said Section Twenty-Seven (27); thence running South on the Section line 36.3 perches to the Minneapolis and l•'orth Ridgely Road; thence due North 33.1 perches to the Quarter Section line of the Northwest and Southwest Quarter of .saiil Sectiotr; and thence along said Quarter Section line 60 % perches to the place of beginning, except the West 300 feet thereof and except roads, according to the (iovernnient Survey thercol' Hennepin County, Minnesota, (hcreiiianer “the properly ’’); WIIKRKAS, the applicants have applied to the Citv of Orono for variances to permit a horse lean-to shelter to be constructed less than 75 ’ from the rear and side pro|K*rty lines, requesting the following approvals: 1. Oiono .Municipal /.oning ( ’(nle Section 78-419 (10): 'fo allow construction of a horse lean to .shelter to be construeled 4.5 ’ from the side property line ami 30 ’ Irom the rear property line where 75 ’ setbacks are normally required. W'llKRKAS, the C’ity (’omicil has reviewed the application; the recommendation of the City stuff and 1‘lanning ( ’ommi.s.sion; and the comments and written statements submitted by the ap|)licants. *Page I of 3 NOW, THKKKFOKK, BE IT RESOLVED that the Cily Council of Orono, Minnesota hereby denies (he re(|uestcd variances as described tibovc based on one or more of the following findings of fact concerning this property: 1. 2. 3. 4. The property consists ol ‘8.4 acres or 367,102 s.f. in land area. Pursuant to Orono Municipal Zoning Code Section 78-419 (10), the construction of a structure to house or shelter horses must be located no less than 75’ from all property lines for non-commercial use. ihe City Council has considered this app'ication including the findings and recommendations of the Planning Commission, reports by City stafl', comments by (he applicant and the effect of the proposed variance on the health, safety and welfare of (he community. "Ilic granting of the requested variances would lie contrary to the provisions of Municipal Zoning Code Section 78-123 with which the applicants must first comply in order that the variance be granted, fhe Council finds that: a. The property in question can be put to a reasonable ii.se if used under the conditions allowed by the oificia! controls if the proposed variances were grunted. b. The plight of the landowner was created by the landowner. c. firanting of the proposed variances would appear to .serve as a convenience to the applicants and (he applicants have not demonstrated a reasonable hardship or practical dif ficulty acceptable to the ('ity Council. d. The conditions of the Zoning (’ode limiutions imposed and e.\is(ing on (his property generally apply to all other land and structures in the /.oning district in which this pro|K*rty is located as well as in adjacent rural residential /.oning districts. As a result of the denial of (he variances, the aforementioned illegal horse lean-to .stnicture must be removed no later than May 28, 2005 or within sixty (60) days of the adoption of (his resolution. I•■aihlre to remove the structure shall be considered a violation of the Zoning Code and is punishable us u inisdcnicunor. I’ngc 2 of 3 *1 i i r s i- Adopted by tlic Orono City ('ouncil on the 28"' day of March, 2005. ATn:sr: Unda S. Vcc, City Clerk Barbara A. Peterson, Mayor S rA l li OF MiNNliSO TA COUNTY OI IIFNNFPIN The foregoing instriinienl was acknowledged before me on lliis 28"' day of March, 2005 by Barbara A. Peterson, Mayor of the (Jity of Orono, a Minnesota municipal cor(H>ration and said instrument was executed on behalf of luc City. Notary Public STATF OF MINNESOTA COUNTY OF hf:nnhpin The foregoing instrument was acknowledged before me on this day of , 2005 by Linda S. Vcc, City Clerk of the City of Orono, a Minnesota municipal corpo.ation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 L EXHIBIT C 6. M05-3077 BARRY AND R(>II|N O’ROURKF, 2300 SIXTH AVF.NIIF NORTH - VARIANCE Robin O’Romkc. Applicnnl, wiis present Ctiili.s slated ul (tic Jaiitiaiy I'laiiniiiK C oiiimissioii mcetiiif' lliu applicnnls were requesting aOcr- llic-raci variances to allow conliinied consirnclion of a 16’ by 48 ’ lean to horse shelter siriicline less than two I'eet (10111 the rear property line and 45 feet from the western side tut line where n 75 fool scllxick froin all properly lines is rei|iiiied for a slruetiire used for (he keeping of horses. riie IManning Coininission voted 6-U to deny the setback variances, concluding that the shellci slioi'M meet the leriiiired 75-root selhaeks. I / Since the January I’lanning Commission meeting, the Applicants have revised (heir rcrpiesi to icllect the following; I. A side setback variance to construct their horse shelter 45’ from the westein lot line "'r.* , where 75’i.'* ' , required; amf '*. 2. ' A rear yard setback variance in order for the horse shelter to be JO feet Irom the rear lot line where 75 feet is required. i I I'liinning %SianTcels Iticrc is no Inmlsliip inliciciil vvilli the laml (o giaiil cilhci ol'll.c variances. riici Pkitining ('ommission has nol icvicwcd llic revisrd proposal, hut did indicate M ihcii January inccliiig dial they would mil he siippoil ofany Viiiiaiiccs O'Roiiike stated then haidsliip deals with the location ot lhc cx'Niing sliiKliiie and that the aiea depicted ill hlack on the ovcihcad is the only aica available to them to construct this shelter. L h Snnscvcjc inquired why the conlorming location depicted by slaK'on the ovcihead is not tidc(|iialc. O’Rourke stated tircy currently have seven horses and they need tlic extra rrnmi due it* safety concerns for the horses. Murphy connncnicd he lias liad horses in the past and that is not aware that that kind of room is necessary to raise liortes. Murphy noted he did visit the property today and that he docs not see a pru'olein with locating the structure in the conforming location. 4 ’ , ' I O’Rourke slated if the structure were constructed iii the conforming area, she would not have > ny shelter left in the one paddock. O’Rourke notcrl she is not able to relocate her fence line due to a ti(.■v. •natural w.derway in the area. Sanscvcrc inquired whether the structure could be relocated to the left. O’Rourke slaleti she would not be 75 feel away from the lot line. O’Rourke stated she cr*uld relocate the fence line but she would need to remove a number of trees. » Sansevete commented the Icncc line docs not need (o be straight and eould be reconfigured. O’Rourke staled she would still be loo far Ibrward to the fence line and the existing barn. O’Rourke indicated the utilities run on tlw north side of the blacktop path, which is the reason for »•» the jog in the path. . {.'>!' -V:•'.if- O’Rourke .stated the conforming location is too close n> the fence line b»r the safety ol the horses. f - . V Oaffron staled it is approximately 30 to 35 feet from the conforming location to the Icnec. Sanscvcrc .stated in his view that is .rdeiitrale r«*t)m for hor ses. O’Rourke stated she is not comfortable with that amount of . roin. Mirrphy in(|trircd what the reason is for eonstrueling the lean-to striicluic. 0’Rt»urke stated she ha.s been advised by her vet that she need.r to store her horses milside more •rme they are retirees and have lespiiirtory pn.blems. O’Rourke indicated she would like to provide .some shelter for them. Murphy commented he has two older horses and they do not move around miicih Murphy commented he does not see much of a hnrdsliip for the variance. Sanscvcrc pointed out tlie hni .'ship has to be inherent to the land. O'Rourke commented the waterway rcstricLs her available building area and that the horses cannot be allowed within the trees since they would strip the bark from the trees. Mur|)hy iiu|iiired whether the size of the structure could be reduced. O’Rourke stated she could reduce the size somewhat but that she would not be able to locale it wilhin both paddocks. Sanscvcrc commented the Council needs to consistently enforce the rules whenever possible. Sunseve/e noted dierc is approximately 15 fee*, .‘roin the s!>elter to the wooded area, which in his opinion is enough room for the horses. ■■ ■■ . Murphy im|uired whether all .seven horses are outside in the same area at the same time. Murphy uu|uircd how many hoises would be utilizing the .shelter at one lime. O’Rourke stated the horses are all out at the same time and that there would be a ma.ximum of four horses utilizing the shelter. Murphy inquired what the proposed size of the structure is O’Rourke stated she would like to construct it 16 ’ by ■18 ’. Murphy staled that is more roonvthnn he has for his horses, and encouraged the applicant to reduce the size of the structure. O'Rourke slated she is willing to reduce the size of the sliuctiirc bu: that she still would not be able to meet the 20 feet to the fence line. O’Rourke stated they have tried to explore all their options and that there arc no good alternatives. Sanscvcrc stated the Council ’s hands arc tied since there is no hardship inherent to the land. O’Rourke staled part of the haidship is the location of the existing strucluic. Murphy stated by reducing tite shed 10 tu IS feet, Itic prubiciii with llicjug in the fence w(>iild be decreased and would allow the fence to be angled from the existing barn over to the wooded area. which would create some additional space White slated he is in agreement with the Planning (Commission ’s recommendation and that he has not heard any new information tonight that would allow a variance to be granted. O’Rourke iriquircd whether there could be any compromise. Sansevere stated without a hardship, there is notimuch the Council caii do. McMillan commented sometimes the conforming location is not the most ideal for the properly owner. .Sansevere inquired whether there is any p.ofection offered by the existing barn. O’Rourke slated there is not. ' \ t r •>' Sansevere iiu!ed the applicant docs not need the approval ofthe council if the structure is built in a conforming location, Snn.scvcre commented it appears that the Council is not in favor of a variance. Murphy inquired how many stalls the applicant has in her barn. 0*Kourke stated she has c 'wwt stalls in the bam. Murphy staled most horse people would not leave their horses outside dining Minnesota winters ♦' :: even with a lean-to structure available. O’Rourke staled that is what her veleriiuiriun is recommending due to their respiratory condilions. Murphy moved, White secondyd. to deny Application ttO.S-JII77, Harry and Kobin O’Rourke, 2300 Sixth Avenue North. VO TK: Aye.s 4, Nays 0. Dale Application Reccivc«S: 0I-I9-0S Date Application Comiilcte: 02-t5-0S 60-Day Review i'criod Kipiration: 04-1S-0S f'Oi •M/'ii mcctiMG MAH 2 8 200S Q1 f u»- ghono REQUEST FOR COUNCIL ACTION Date: March 22,2005 Item No. Department Approval: Name: Melanie Cur is Title: City Planner ^ Administrator Approval: Agenda Section: Item Description: #05-3078 - Gary & Lyr.n ('hristensen - .3560 Ivy Place - Lake, Average Lake, Side Setback, & Hardcover Variances - Resolution Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5 acrc/100 ’ 0.417 acre (18,167 s f.) 55’ at the shore List or Exhibits: A Re.solution per Council Decision H - Draft Council Minutes ofOl-14-05 C - Council Action Notice Application Summary.': Attached is the Resolution Staff drafted based on the Council’s decision at the March 14, 2005 meeting regarding lake setback, side aetback, hardcover and average lakeshore setback variances required in order lo add a half story attic addition including a steeper pitch and dormers to the existing nonconroriiiing home Planning Staff Recommendation Please revie v the attached Resolution lo assure that it rcUccls Council’s decisions. COUNCIL ACnON KEQL ESTED Adopt or am ul the attached Re.solution. \ A KKSOMJTION (.'RAN I INC VARIANCKS TO MUNICIPAL ZONINC; CODE SEC'I’ION 78-350(11), SECTION 78-l2i»8 AND SEC riON 78-1279(6) FILE NO. 05-3078 WHEREAS, Gary A. ('hristcnscn & Lynn A. Christensen, husband and wife (hereinafter “the applicants”) arc the owners of the property located at 3560 Ivy Place within tlic City of Orono (hcrcinal)er the “City ”) and legally described as follows: All that part of Lot 185 lying Northeasterly of a line described as follows: Commencing at a point in the Northwesterly ime of said Lot 185 distant 45 feet Northeasterly from the Northwest comer ol said lot; thence at " straight line to a point in the Southeasterly lii .c of said lot, which point ir. listant 45 feet Northeasterly from the most Southerly corner of said lot, in Taylor’s Subtlivision of Spring Park Lots, according to the plat thereof on file or of .ccord in the o HIccs of the Register of Deeds in and for Hennepin County, Ml. nesota (hcreinaltcr the “property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (b) to allow the construction of a half story over the existing home 40' from the OIIWL of l.iikc Minnetonka where 75’ is required; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (h) to allow the construction of a half siory over the existing home 8.25’ from the side lot line where 10’ is required and 8.25’ currently cxi.sts; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow the construction of .1 half story over the existing home in front of the average lake.shorc .setback; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (a) to allow 1,351 s.f. or Page 1 of 7 i 32.5% hardcover on the cu.sicrn portion of the lot witliin 75 ’ j)!'Ilie OIIWI. where no liardcover is allowed in conjunction with a half story addition; and WIIKRKAS, the applicant has made application to the (’ity ol'Orono fora variance to Orono Municipal /.oning (’ode Section 78-1288 (a) to allow 2,585 s.f. or 44.34 % hardcover on the western portion of the lot within 75 ’ of the OllWL where no hardcover i.s allowed in conjunction with a half story addition; and WHKKKAS, the applicant has made ap))licalion to the ('ity of(>rono for a variance to Orono Municipal Zoning Code Section 78-1288 (b) to allow 4.032.6 s.f. or 47.44 % hardcover within the 75 ’-250’ .setback /one where 25% is normally all«)wcd, resulting in a total site hardcover level of 7,%8.05 s.(., equivalent U' ‘>3.75% of the 75' 250’ /.one, in conjunction with a half story addition. NOW, IIIKKKKOKK BK IT HKSOI.VKI) by the City Council of Orono, Minnesota: HN1)1N(;S 1. Thi.s application was reviewed as Zoning File W05-J078. 2. The property is located in the l,K-l(’ One Family Lakcshorc Residential Zoning District which reijuires a minimum of 0.5 acre in aiea and a minimum lot width of 100 ’. 3. The Flanning Commission reviewed this application at a public hcariiig held on February 22, 2005 and rccommeiuled approval of hardcover, side setback, lake .setback, and average lakeshorc setback variances basal on the following rmdings: a. The piopeity i.s 0,417 acre in area and has 55 ’ in width measured at a line parallel to the shore or 50 ’ in width perpendicular to the side lot line. I). No additi'.aial land is available for aa|uisition by the applicants to make the property conforming in area or width. c. 'I he property has 0-75 ’ /ones on two sides. I Page 2 of 7 cl. The tippliciuits arc proposing to reorient the rooflinc; only attic storage, no additional living space is proposed within the substandard setbacks. c. The dormers on the north side of the home should meet the 10’ side setback rec|uircnicnt. r. Due to the location of the home any additions or alterations to the east or north sides of the house rec|uirc variances. g. Over half of the cxi.sting home is located within 75’ of the lake on the east side of the property. A variance is required to change any portion of the structure within 75’ of the lake. h. 'I he applicants arc proposing to remove portions of nonconfomiing hardcover and structure in conjunction with setback variance approvals. 4. The City Council has considered this application including the findings and recommendation of the Planning t^anmission, reports by City staff, comments by the applicants and the public, and the cITcct of the proposed variance on the health, .safety and welfare of the community. 5. ‘lire (’ity Council finds that the conditions cxi.sting on this property arc peculiar to it and do not apply generally to other property in this /oning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a lire lia/.ard or other danger to neighboring property; would not merely .serve as a convenience to the applicants, but is ncces.sary to alleviate a demonstrable luirdship or diliiculty; is iiece.s.sary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning ('ode and Comprehensive Plan of the City. rON(’I-U.SION.S, ORDER AND CONDI HONS liased ii|M)n one or iiuue of the above findings, the Orono (’ity Council hereby grants a variance to Orono Municipal /.oning (’ode Section 78-350(b), 78-1288 and Section 78-1279(6) to allow construction of a half story attic addition with a steeper pitched roof in froiil of the average lakc.shoie setback, 40 ’ from the eastern OliWI, of I'ogc 3 of 7 I.akc Minucloiika and 8.25 ’ Troin (he north side lot line, subject to the following conditions: 1. Council approval is ba.qcd on (he site plan siihtnitted by the applicant and annotated by City staff, attached to this Resolution as l-xhibit A. Any anicndnicnts to the site plan which are not in conformity with (’ity codes will rei|nirc further Planning C.’ommission and City Council review. 2. Ilardc«»vcr in (he easterly 0-75 ’ zone shall not increase above the level of 1,351 s.l. or 32.5%, and hardcover in the westerly 0-75 ’ zone shall not incrca.se above the level of 2,425 s.f. or 42.2%. Hardcover in the 75-250 ’ zone shall Ik- limited to 4,001.25 .s.l. or 47% |kt the propo.sed plan and hardcover allowance summary as depicted on l-.xhibit A. Applicants arc advi.scd that any future rci|uesi.s to increa.se hardcover or change (he nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approval without concurrent reduction in existing hardcover. 3. I he following removals are recpiired; a. Applieants .shall remove all plastic «>r fabric liner material from the dec<»ralivc landscape beds on the property to ensure (heir |x:rnieability as non-hardcover surfaces. b. Applicants .shall relocate (he play house slruelure to the location to the .south west ol (he front door in place of exee.s.s sidewalk. c. Portions of (he grade level deck which cro.ss the northern pro|K-i ty line. d. Portions of the sidewalk which cross the noi them pio|K-i ty line. e. 10’ X 16’ concrete slab west ol the garage. f. fbe non-essential sidewalk to the south of the fioiit door. g. .Si<*taj>e shed and play structure. 4. Ke<|uiied removal of die storage shed shall lie completed by DecciulK-r I, 2005 or by the linal inspection of the half story attic addition. AOer December I, 2005 Page 4 of7 additional building permits will not be issued prior to the removal or the storage shed. 5. Required removals of other structure and hardcover shall be completed by the framing inspection for the half story attic addition. 6. I'he dormers proposed on the northern portion of the addition shuil be reduced to meet the required 10* side setback requirement. 7. Authorities granted by this resolution run with the property not with the .pplicant, but arc pemii.ssive only and must be e.xcrciscd by obtaining a building permit for the new construction within one year of the date of Council approval, or tlie variance will expire on that date (March 28. 2006). 8. 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 tenninute any authority granted herein, and shall be punishable as a misdcineanor. 9. Hie undersigned applicants have read, utiderstood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, sueces.sors 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 March, 2005. ATTEST: Uiida S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owncr(s) Page 5 of 7 r S l A rii OF MINNI-SO I A COUNTY ofiii;nni-:imn The forct’olng inslriunent was acknowledged hcForc me (»n this _ day of , 2005 by Barbara A. Feterson, Mayor of die City of Orono, a Minnesota municipal corporation and said instrument was executed on Irchalf of the City. Notary Public S l AHi Ol- MINNIiSO l A COUN I YOF llliNNIiPIN The foregoing instrument was acknowledged before me on this _ day of _... . 2005 by l.inda S. Vee, (’ity ('lerk <»f the (’ity of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. f Notary Publie Page 6 of 7 STATE OF MINNESOTA COUN I’Y OF ni-NNF-PlN This insirumcnt was acknowledged before me this__day of by Gary A. Cliristcnscn, husband of Lynn A. Christensen. ,2005 Notary Public S TATE. OP MINNF.SO'TA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Lynn A. Christensen, wife of Gary A. Christensen. ,2005 Notary Public Page 7 of? • ^ \hiNNeTot^fA 9lBt 5" //#. Sf • • 1 iZ___fi^t.'___I AJltacpwia tftpetehi* ftwilHMM ^niD fta. ,4^ o^g a •putm CM MTUH 7 SCHOBORC LAflJO SURVEYING I INC ■N7 CO. ND. 1 y^tn-ini muwol im s iik r EXHIBIT B 7.//(I5-3078 (JARY AND I.YNN CIIRI.VTKNSKN, 3560 IVY l»l,ACK - VARIANCK Gnry Chrisicnscn, Applicant, was present. ! • C'lirlis stilled the appliciinl.s arc rcipicsling variances in order to replace their existing low-pilclied roof with a slcc|Kr roof resulting in a hair-story to include attic storage space. The existing home i.s set hack dU reel irom the lake and 8.2S feel rroht (he side lot line. >'Vi' The applicants arc rcipicsting the Tollowing variances: I. A lake setback variance to increase the height of (he roof ol a setback of 40 feet from the OIIWI-'.tr' 2. where 7S feet is required; and A side setback variance for a setback to increase (He height of the roof at a setback of 8.25 feel ij It* from the side lot line where 10 feet is required; tiiid ., * *• '' 3. An average lake setback variance. * *' Curtis noted the appliciints also have a Variety of structiiics and non-stiuctiiral encroachments f located on the adjacent property not owned by them, which Stall and the Planning ('ominission are recommending be removed/ At their I*cbruary meeting the Planning ('ommission voted 4 to I to lecommcnd ap|)toval of the variances subject to the following conditions; I. Removal of all vncroacimicnis that cioss over the piopciiy line or cxi.sl on the iicigiihoring piupcity; and 2. Removal of imneecssary sidewalk, 10* by 16’ eoneietc pad, and any other non-csseiitial hardcover. riic PliiiiningConimissjon furtlicr recommended that the iicwdormcis meet tlic lO-foot side setback. ■| lie ii|)|)licniits are also proposing to remove the shed from the adjacent lot and place it on the slab next to llic garage. I he applicants would reduce the si/e of the slab next to the garage to aecommorlale the shed with a small apron. Curtis noted the applicants in the fiiturc would like to replace the existing loof on the garage to match the house, and at that time would be willing to remove the shed and remaining slab. The applicants are also fuithcr proposing to remove the play structure Irom the adjacent lot and relocate it in the garden near the front door of the lesidence. In addition, they arc proposing to remove the excess sidewalk. Stair Iccis that the excess structure of the shed and the hardcover associated with it is not justified by a hanlship. .Since there is not an appropriate or conforming site for the shed to be relocated, .Staff would not be supportive of this request. Curlis stated the driveway is also an issue for the applicants. The adjacent neighbor utdizes a portion of the applicants* driveway when he has guests. Illc driveway cxisteil prior to the applicants owning the property, with the ap|)licants feeling that the neighbor would drive through their yard and park on their lawn. Tlio applicants are requesting that the driveway remain to accommodate the neighbor. Stuff recognizes the unirpie situation at the street side of the . 'applicants* property, as it is used by the public and the ncighlioring property owner, and therefore Stuff would support the driveway parking area as it exists. ' , J ■ Sansevero inquired whether the applicant is in agreement with Staff on the shed. I t Christe'isen state ! storage is an issue for them at the present time and that it would be nice to be ttblo to keep the shed during con.stiuction on the house (’lui.stenseu noted he would In* willing to Itmove the shcil and the slab once the lesidence is completed. Murphy inqtiired whether the applicants arc considering changing the footpiiut on the garage in the future. ('hrislen.sen staled they are not. Ciiflis stilled llic existing gnrngc is lonoled between two nnd n hnlf to three I’ccI from the properly line nnd if tlic pilch of (lie roor is increased, it would rc(|uire a variance. Christensen staled he ct»iild reduce the slab to eiglil by ten. Murphy noted the shed would be close to the projierty line. I / Garfron pointed out the shed would also be located very close (6 the traveled portion of the roadway.i ■ • • I Christensen slated the shed would be leinporary while construetinn on the house is going on. Murphy iiu|uiied when consliuclion on the garage i.s expected to coniincnce. Christensen staled he would like to start constriielion on the garage once the house is completed and that he is hopeful the project could be completed by the end of the summer. Sanscverc suggested putting a deadline for when the shed has to be removed. Curtis noted a variance would be required to raise the pitch of the roof. i ’ - ' » CMuisten.seii commented his neighbor is fine with raising the pitch of the roof on the garage. McMillan inquired how .Staff would enforce the removal of the shed in the future. (ialTioii staled one option would be to require icmoval of the shed prior to fmal ins|)cclion. Murphy inquired whether the applicant is in agreement to remove the shed in the future. Christensen indicated he is willing to remove the shed, (,'hrislcnscn noted he also is in agreement /.. ■ ■ ^ . '; with removal of the other items mentioned hy slafT. Murphy moved, McMillan seconded, to direct Staff to draft an approval resolution for Applicaiion M05-307N, 3.S60 Ivy I'larr, subject to conditions one and lw*» outlined in the March 8,2005 IManner ’s Report, and further subject to the understanding that the shed may be used for trniporary stonige through construction but niusf be removed by the applicants* move in diite or Deeembrr I, 2005. Vtn'K: Ayes 4, Nays 0. r Mi C- ('ITY OF OKONO 2750 Kcilcy Parkway P.O. Itox 66 Crystal Hay, MN 55.^23 (952) 249-4600 /ONINC; m,K 05-3078 NOnCK OF COUNCIL ACTION DATK OF NOnCF: March 21,2005 I'O: (jary & l.ynn C’hrisicnscii 3560 Ivy Place Way/ala, MN 55391 COPIKS: TYPK OF APPLICATION: Variances DA I E OF MEE I INC: March 14,2005 VO I K: 4 FOR 0 A<;AINSr Motion: *riic Cojincil voted on a motion according to (he rdlowing: 1. To approve a lake setback variance to increase (lie height of the roofat a etbiick of 40 ’ from (he OIIWL where 75 ’ is required; and 2. To approve a side setback variance to increase the height of the roof at a setback of 8,25 ’ iroin the side lot line where 10* is required ; and 3. To approve an average lake setback variance; and 4. The driveway may remain as existing; and 5. The play house located on the neighboring properly may be moved to (he location as indicated within the slalTreport; and 6. The shed located on the neighboring property may continue to be utilized until the final inspection of the roof project or December I, 2005 whichever is sooner. Additionally, the Council recommended the following in conjunction with the above opprovaLs: 1. Kenioval ol all encroachments that cross over the property line or exist on the ncighlxiring property; and 2. Removal of unnecessary sidewalk. 10 ’ x 16’ concrete pad, and any other non-essential hardcover. 3. I he dormers must meet the side setback of 1 O’. l iic next scheduled meeling is eonfirmed as: Cily f:oundl - March 2N, 2(NI5 - for Kesolulion approval. Mceling slarl.s al 7:00 pm If you desire certified copies of the official Council minutes, they arc available from (he City Clerk alter review and ajipioval by (he City f’oiineil. If you have questions please call Melanie Ciutis, City Planner, at 952.249.4627. JL ► Dale Application Received: 12-19-04 Date Application Considered as Complete: 12-19-04 60-l)ay Review Period Espires: 2-19-05 esieiided to 4-18-05 MAR 2 6 20Ub Cl IY Or REQUEST FOR COUNCIL AC'i ION Date: Marcli 23, 2005 Item No.: )/ Department Approval: Name: Janice Gundlach^ Title: Cily Planner Administrator Approval:Agenda Section: Zoning Item Description: #05-3080, Intcrspacc-Wcst, Inc., 2060 Wayzata Boulevard West General Concept Plan Approval - Resolution Zoning District: Lot Area: Lot Width: B - 6, iiighway Connnercial District l*UD, Planned Unit Development 2.637 acres (1 14,868 s.f.) 191 feet List of Exhibits A - Notice of Council Action dated 3-15-05 B - Resolution per Council and Planning Commission recommendations Application Summary: 'fhe applicant is requesting the following in order to construct 10 units (potential for 20) of office condos on 10 lots and tnie common lot to be known as Amber Woods Office Centre: 1. B - 6 IHJD General Concept Plan approval, 2. Preliminary Plat approval in order to create 10 units lots and one common lot, Tlic applicants have proposed development of 10 units (with the potci'tia! of 20) of office condos on approximately 2.6 acres located at 2060 Wayzata Boulevanl West. The proposed condos will be 2-story walkouts containing appro.xnnately 34,186 s.f of gross .square footage. Rach building will contain a walk-out level, a main lloor level and a second story mezzanine. Approval of this project will first rei|uire General Concept Plan approval. Preliminary Plat approval and Commercial Site Plan approval, followed by General Development Plan, F•asemcnt Vacation, and Final Plat approvals and an amendment to PUD Agreement No. 2A. Attached as Exhibit B is the ('oncept Plan Approval Resolution incorporating the Council recommendations as noted in the previous 3 meetings, as well as the Planning Commission’s recommendations from the January Planning Commission mcciing. N ‘V, Following adoption of this resolution, the applicants will submit plans for final General Development Plan approval which will address everything outlined in the Concept Plan Approval Resolution. TIjc applicants will be rcquireil to appear before the Planning Commi.ssion for a public hearing, and subsequently before the City Council for final Development Plan Approval. The Development Plan Approval would include final subdivision of •he property, amendment of the Plannerl Unit Development Agreement No. 2A, adoption of a General Development Plan approval resolution, commercial site plan approval, and easement vacations and dedications. Staff Recommendation Adopt and/or amend the attached resolution. COUNCII, ACTION REQUESTED Adopt the attached Resolution gtanting Concept Plan Approval for property located at 2060 Wayzata Boulevard for Interspace-West, Inc. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249^600 ZONING FILE: //05-3080 NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 15,2005 TO: Interspace-West, Inc.COPIES: P.O. Box 184 Wayzata, MN 55391 • TYPE OF APPLICATION:General Concept Plan DATE OF MEETING: Marcli 14. 2005 VOIE FOR 1 AGAINST Motion: To direct staff to draft a resolution granting general concept plan approval, with an additional stipulation that some ty|)c of architectural feature is added to tlic roof on tlie main floor elevation view. Applicant’s next meeting is scheduled for: City Council - Monday, March 28,2005; meeting starts at 7:00 p.m. 5 If you desire certified copies of the official Council minutes, tlicy are available from the City Clerk alter review and approval by the City Council. A KKSOl.UTlON API'ROVING TIIK CRNERAL CONCEPT PLAN FOR PROPER l Y LOCA FED AT 2060 WAYZA'I A BOULEVARD WEST FILE NO. 05-3080 WHEREAS, Interspace-West, Inc., a Minnesota corporation, (Ijcrcinaflcr tlic "applicant") has an interest in property located at 2060 Way/ata Boulevard West within the City ofOrono (hereinafter the "City") and legally described as follows: Lot I, Block 1, Orono Ainbar, llcnnc|.in County, Minnesota (hereinafter the "property"); and WHEREAS, the property is located in the Highway 12 Corridor Study Area for which tlic City has established special rcquireiiients for development per Municipal Code Section 78, Division 17; and WHEREAS, the City of Orono Highway 12 Planned Unit Development (PUD) ordinance (Municipal Code Section 78, Article VI) requires a multiiile step approval process for jrropertics developing via the PUD process; the General Concept Plan approval stage is the first step in the process followed by the Development Plan approval stage; and WHEREAS, the applicant has requested General Concept Plan Approval for Planned Unit Dcvelo|)ment of this 2.6 acre property. The intended use of the property is approximately 34,000 s.f of office townhouses/condominiums located on 10 lots and one common lot to be known as Amber Woods Office Centre; and WHEREAS, the applicant is requesting to amend the existing Planned Unit Development Agicemcnt No. 2A in elTcct on the property which appuivcd a 25,000 s.f professional office building in 2001 in order to develop the property in accordance with the office condominium plans subniittcd and attached to this Re.solution as H.xhihits A thru 1, and WHEREAS, the Orono City C'ounc;| makc.s the following findings in regard to this application for PUD General Concept Plan approval: Page 1 of 12 FINDINGS 1. 2. 3. 4. 5. 6. This application was reviewed as Zoning File //05-3080. The properly is located in the B 6 Highway C’oinnieicial District and is also zoned for Planned Unit Development under the current Planned Unit Development Agreement No. 2A. 'Die property consists of approximately 2.6 acres. The propo.scd office condominium use would conform to the B 6 Highway Commercial District /.oning rci|uireinent.s and upon subdivision approval enable the properly to develop under the Planned Unit Development pioccss for multiple buildings. fhe City has agreed to develop this property under Planned Unit Development Agreement No. 2A approved and executed in November of 2001. The PUD Agreement permitted a 25,000 s.f. building for ii.se as professional oHlccs. An amendment to the Agreement is required in order for the proposed 34.000 s.f. office condominium project to be constructed. Other properties ahiitting or near tlie projierty are used for or planned for uses which are generally compatible with the propo.scd rTflce use. North of the property is the single family residential neighborhood known as Sugarwoods, directly cast is the Orono Woods .senior housing building, and directly west is an exi.sting B I, Ketail .Sales Finsine.ss District which includes a retail .strip mail and a welding shop. To the south acro.ss Highway 12 is the City of Long Lake. The applicant has provided pieliminary plans attached to this resolution as Fxhibii A, prepared by Interspace-West, Inc. and Kxhibils H thru I prepared by l oticks Associates all dated 3-10-05, noteil below, which the City C’ouncil finds are .sullleient to indicate the intent of the developer and the potential impacts of the project. Kxhibii A Fiont/Rear Building lilevation dateil 3-9-05 I'xliibit B Hxisting ('onditious sheet C’l-1 Kxhibii C’ Kemovals iirosion (’ontrol Plan sheet Cl-2 r.xliibii I) Ivxistiug Drainage Map sheet C'l -3 Page 2 of 12 7. 8. 9. Exhibit E - Preliminary Site Plan sheet C2-1 Exhibit F Preliminary Grading & Drainage Plan sheet C3-I Exhibit G - Preliminary Utility Plan sheet C4-I Exhibit II Preliminary Plat sheet C6-I Exhibit 1 Preliminary Detail sheet C8-1 The proposed site plan, attaehed as Exhibit E, meets the general aecess standards developed for the Highway 12 corridor. The property ’s primary access will be from the existing right-in/right-out access located within tlic Orono Wood senior housing site. The properly will also have access through the Orono Woods senior housing site to Brown Road South via the shared access arrangements that were dedicated at the time of development of Orono Woods. The City will require sidewalk access from within the property to Orono Woods and Highway 12. Stormwater management is proposed to be provided by stonnwater catch basins and storm sewer lines which would discharge to the existing stormwater pond located in the southeast corner of the Orono Woods senior housing site to the direct cast. Ihis pond, located at the northwest comer of the intersection of Highway 12 and Brown Road South, was designed to handle the stonitwater neede of the property. In addition to the City of Orono, the Minnehaha Creek Watershed District will have approval authority over the applicants ’ stonnwater management plan. Ihc City Council finds that the development of this property should be held to similar architectural design standartls of other buiUiings recently approved along the Highway 12 corridor and the design standards informally envisioned during the Highway 12 tum-back review process. The City Council finds that th • proposed development of the property for an office condominium use will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. Page 3 of 12 ! 1 CONC:i,l)SIONS, ORDKR AND CONDITIONS NOW, TIIKRKI'ORK, BK I'l' RKSOi.VFJ) lluil llio City Coimcil oftlic City of Orono licrchy ap|)rovcs tlic Cicncial ('oiiccpl Plan ft>r (icvciopmcnt ('f approximately 34,000 s.f. of office condominium buildings consisting of It) lots and one common lot to he known as Amber Woods Office Centre on existing I.ot I, Block I, Orono Ambar, subject to the following declarations and conditions: I.The City of Orono will grant preliminary and final subdivision approvals in order to create 10 units lots and one common lot on one block when the conditions of this resolution are fulfilled. 2.(Conditions for Development Plan Approval arc as follows: A. Development Standards and (;eneral Conditions I)The Development Plan shall meet all setback standards for building construction and parking as established under the B 6 Highway ('ommercial District requirements, as defined in the following table: 1 llullding/Dcvelnpnicnt Stuiidard.s Required Lot Area 2.0 ucic min. l.ul Width i(j()' Priiu'ipnl .Slriicliire •Setbacks Front (.S) *MY Side (K)35* Side (W>10' Rear (N)-IS' l*at'kiii|> Sefliacks -Includes driving lanes Front(S)15* Page 4 of 12 ! ! t i S --J Side (E)io’ Side (W)5’ Rear (N)10’ Peak Height N/A Dellned Height 30* max. Building Height <■>) Tlie above table values are based on the B-6 standards found in Section 78-797 (1-5) of the Zoning Ordinance. Required off-street parking per the rccomincndations of the City’s traffic consultant shall be 3.5 stalls per 1000 s.f. using 85% of the gross floor area. Parking layout ami traffic flow shall be reviewed and approved by the City Engineer. Acceptable ingress and egress casements shall be dedicated through the property to allow for connection of a future frontage road to Outlot 1), Sugarwoods at the northwestern comer of the site. A sumiountablc emergency vehicle only accc.ss shall be developed along the northerly portion of the western property boundary, per the recommendations of the City’s Fire Marshal. Appropriate traffic and parking signage within the property shall be installed subject to the Orouo staff and City Engineer review and approval. Applicant shall demonstrate to the Council’s satisfaction that the front facade of the buildings, as noted in E.xhibit A, and .specifically implementation of an architectural feature to the roof, arc incorporated so as to break up the expanse of the front view of the roof The percentage of the property that is devoted to green space (not including areas within road rights-of-way) shall be maximized to the greatest extent possible but in no case shall be less than shown Page 5 of 12 L on the Preliminary Site Plan dalcil 3-10-05 and allaclicd as lixhibit A landscaping plan shall be submitted lor review which shall meet all landscaping standards established within the It 6 Highway Commercial District standards of Section 78-707 (8) (a) through (g). The applicant shall pay particular attention to a bufTcring/scrccning design along the northern property boundary along the lop tier of the proposing retaining wall design, and also along the eastern lot line adjacent to the Orono Woods senior housing development. The intent of the City is to be sensitive to the residential uses to the north and east. I his land.scaping plan shall also include screening for any retaining walls or retaining wall systems exceeding 4 ’ in height. All retaining walls shall be located not less than 5 ’ from all perimeter property boundaries, with the exception of the wall systems abutting the westerly and southerly edges of the irarking lot. A lighting plan shall be submitted illustrating all lighting lixturcs to be affixed to the building, pole locations, fixture details, and foot-candle measurements up to the property line. No measurable foot-candle will be permitted to extend over the northern and eastern property boundary. Property lighting shall be low. shieldeil and directed downwards. A signage plan shall be submitted in compliance with the 190 s.f allowance provided under section 78-1468 for U - I, H 2, and B 4 /.oning Districts and also the /oning Code Amendment approved on May 8, 2004 regarding monument signs (Ordinance No. 6. riiird Series). The 190 s.f allowance shall include any monuments signage as well as exterior wall mounted signage. I‘inal decisions by the applicant regarding colors, types and qualities of building materials shall be subject to City C ouncil approval. The proposed building shall be subject to the Page 6 of 12 Architectural Standards for the B-6 District per Zoning Code Section 78-797 (9) a tiirough c and material as represented thus far in the submitted plans. Tlie use of the building is specifically approved for professional office use. Retail uses acce.ssory to the office use may be allowed with the limitation that within any building, retail uses shall not exceed 5% of the gross floor area of that building. Applicants' architect shall submit final development plans to the Metro Council Environmental Services to determine the exact number of SAC units to be charged at the time of the issuance of building pemiits. Applicant shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before Development Plan Approval will be granted. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas". All erosion controls as required by the City and by the MCWD shall be in place prior to commencement of excavation on the property. Association documents must be submitted for review by the City Attorney and City Council as part of General Development Plan review. Applicant shall incoqiorate into a.ssociation documents fomiation of a review committee to review/approve uses as they are introduced into the development. The intent of the City is for a self-policing of intensities of uses. Final plat approval, commercial site plan approval, and casement vacations and dedications will be included witliin the General Development Plan review and approval. Tliis concept plan approval is based upon the known issues that may affecl this project, but this approval docs not limit the City Page 7 of 12 I 1 i from revising or amending these conditions as the review process continues. B.Plan.s and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions; Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. The Public Works Department and MnDOT shall review and approve all utility improvements. Final sanitary sewer and watennain plans shall be provided and arc subject to approval by the Public Works Department. Final grading, drainage and erosion control plans showing existing and proposed contours, building locations, elevations, stonnwater facilities and calculations, utilities and erosion control measures to be used during construction. Applicant shall review the existing stomi sewer system at the adjacent senior housing property to ensure adequate capacity. Engineered designs shall be required for all retaining walls or retaining wall systems exceeding 4’ in total height. Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stonnwater plans. Final landscaping design plan with planting schedules including numbers and species, in accordance with the landscaping requirements of the H-6 zoning district. Final building construction plans, including; elevations of all sides of the building; type and color of exterior building materials; proposed floor plan; Page 8 of 12 i ,1 i c. D. d) building dimensions; and e) tlic locution of (rush and recycling containers and of heating, ventilation and air conditioning equipment. 5) F’arking lot construction plans, including confirmation that parking lots and driving lanes will be paved and provided with concrete curb and gutter, and that all driving lanes within parking lots shall have a 9-ton minimum pavement section. A geotechnical evaluation of the soil shall be done in conjunction with the pavement design and shall be submitted to (he City Hngineer for approval. 6) Detailed signage plan including monuments signage and wall mounted signage. 7) Lighting plan including pole and building mounted lighting. 8) Any additional plans and specifications deemed necessary by the City as review progresses. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the (’ity. Such Agreement shall address all specific City requirements for the development. Financial Guarantee. The Development Agreement shall include a financial guarantee by tlie applicant to ensure (he completion of site improvements. The City Hngineer shall complete an estimate of improvement costs, including but not limited to landscaping, grading, erosion control, utilities, driveways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of (he improvement costs. Storm Water and Drainage Trunk Fee. The standard Storm Water and Drainage Ifunk Fee for commercial development shall be paid by the Page 9 of 12 3. 4. 5. developer at tlic rate of $6,655 per acre (2005 Fee Schedule). F.Park Dedication. None. The park dedication fee of $35.510 was paid by Frank Dunbar on 1 1-20-03 based on a commercial use of tlie property. G.Sewer and Water Connection Charges. None. The property was fully assessed for commercial sewer/water units as park of the 1989 Highway 1 2 project, and no additional charges would be due for commercial use of the property. Applicant is responsible for MCF-S Sewer Availability Charges (SAC) as noted in item AI3 above. This General Concept Plan Approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and all other requirements of the City. Final development plan approval shall include review and recommendation by the Planning Commission pursuant to a public hearing and shall only be granted when the City Council finds that all “Conditions for Development Plan Approval ” as identified herein have been met. Tliis General Concept Plan Approval shall be effective for a period of 6 months from the date of this resolution. If Development Plan Approval is not granted within that period, the tenns and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. The undersigned applicant has read, understood and hereby agree to the temis of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of tliis resolution in the Chain of Title of the property. Page 10 of 12 Adopted by the Orono City Council on this 28"* day of March, 2005. ATTEST: 1 Sl'ATE OF MINNESOTA COUNTY OF HENNEPIN 'I’he foregoing instruineni was acknowledged before me on this__day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal con^oration and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instalment 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 State of Minnesota ) (ss. County of 1 Icnncpin ) The instrument was acknowledged before me on this___day of _ Philip L. Carl.son, Vice-President of Interspace-West, a Minnesota coiporation 2005 by Notary Public Page 12 of 12 m m 1 1 1p 1 “t FRONT £XTERIOR ELEVATION acMx 1/ir - i'-o* BUILDINGS EXHIBIT B Ctvn ICCINO O ____30 60nruj SCALE IN ■AflMOt Ml o iCiiOtct )/i «CM 1 M «icM mm Kt. IMMCO *%1 M»|<* • KMOict mm MOMMCiif ««•€«• acciac Gopher State One Call l«H Otf M«* 0001tai roll «-oo»-m-«M Loi {KS Associates C m««(NA li>»>»ir 0%H4i4 IM fM i-mt 11 ( AM3ER WCXDDS OFFICE CENTER OronaMinnaau IfUmpoct-Weit. 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I-IH-OS llnfe A|i|illraltoti (.'outldcrcd aa Coiii|dcic: 2-7-OS bCJ |iay Kcvicw I'crlod Kiplres: 4 6 05 KKQIJKST l ilU t’OIJNCIl. AC I ION ••r r'TiKiri MAH & ?00S Cll Y Of OHUivO l>ult ‘; M.iu'li 24. 2005 lli'iii No.: 'I' Uepaiiiiiciit Approval: Name: Janice (imulliuli^^ 'I'ille: Cily IMamin Atlillilli.siruloi Approval:A)>ni(ia Svcfioii: ZouiiJf; Ijeiii l>4‘scrip(ioii; //05 UIK5, Jnlic Kreslins on bcliaH'orjiil Ann Inc. niul Hnildinp Owner Aleck Ovci.soii, .J455 .Slinieliiie Drive, Coinmeieial Sile I’laii Review /oiiiiii; IMsOief: l.ol Area: lolWiddi: H I, Retail Sale.s Itiisiiie.ss Dislriel (20,000 s i' miniimiin) 0.053 acres (41,521 .s.l'.) IK5 feet (100’ letiuiied) I .KI oriMiihils A Nrflice ol’IT Action ilatetl 3 22 05 H i'aikine, .'^paec l.iceiise Ayiieemeiit Aiiiemlmeiil C I Halt IT Minutes ol 3 21 05 D l’(’ Memo A I'xliihits dated 3-17-05 Ippliaithii Summary: A|\'licanl ieiiuc.sts n conuncrcial site plan review in ouler to obtain an oci iipancy and/tii lMiildint> peiinit toi putpeitv located at 3455 .Slioielnie Diive The applicants ate pioposniK h> convert an e.\i.stiny*, hack side lowci level vacant space nitt> a heautv shop/salon, which i.s a peiinitted n.se niulei the It I /onine, distiict. IMilllllill}{ CoiiiiiiU.\luii KecoiiiineiMialioii the I'laniini).' Coninnssion voted I t on a motion to deny the requost tor u commercial site plan apiHOval haseil on the lack rd on site paikine, and the e.visling paikin}- shoitae,e **l 2.5 stalls hel<tie addition ol the pioposed use No .iihei motions weie made and theietoie no lecomniciulation tolliiwcil I'lea.sc leview the di.itt I’lannme. rommission mimites foi an oveiview ot'the di.sciission, IIS well IIS till* memo and e\hihits ot t | / t>5 Sill IT Reemiiiiieiitiiilioil Review the niKie.ss and ey.icss aeieement cmienlly cMstiiu* loi the site aiul the shaied parking .s|>,icc hcen.se H}>ieeineiit. nu hilling the Ke iveiiy amciuhiiciit tor acce.ss to those spaces, and tieteimme if the site will nc^ativel\ mipai ted hv the mtiodiu tioii ol this new use < OIIN( II. AC I ION IIIsQllls.S l'KI) r>necl stall to diall a icsolulion eillicr appiovmt’ or denviiie. the icipicsl for a commeicial site plan levicw and occupancy peinni, iiii adoption at the next t oimcil incctinp, Ol. advise the applicants of liny icvisions which woiiUI jiaiii Council supptui. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3085 NOTICE OF PLANNING COMIVIISSION ACFION l>\TE OF NOTICE: March 22,2005 TO: Julie Kreslins CCM’IES: Paul Overson 21965 Minnetonka Blvd.14821 Maywood Drive Excelsior, MN 55331 Burnsville, MN 55306 TYPE OF APPLICATION:Commercial Site Plan Review DATE OF MEETING: March 21,2005 Planning Commission recommended as follows: A motion and second were made to deny tlie request for a commercial site plan review on account of a lack of on-site parking. VOTE FOR AGAINST Applicant's next scheduled meeting is confinned as: City Council - Monday, March 28,2005; meeting starts at 7:00 p.m. If yon desire certified copies of the official Planning Commi.ssion or Council minutes, they arc available from the City Recorder afler review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Giindlach at 952-249-4623. j •H ^VUU AAA O «/•• A «/AV# U 03/21/2003 09:16 16124011629 I. ttuut IVaMCMI.uux AppUc #05-3085 Mu-cli3l.M0S ^•celorz itc AppUcaUon ftecolvidt I-IS^IS P«tfi Application Couildered u Conplete: 2-7-05 60-D*y Review Perl«Ml Ixpireii 4-6-OS To;Cluiir iuhii and Plara»lng CommiHoioo Menibcro Ron MoorsB, City Adminietrator Rrom: Janice GundUch, City PlanserJ^ Date:March 17,2005 Subject:05-3085, Julie Kreslins on behalf of Jul Ann Inc. and Building Owner Aleck Overeon, 3455 Shoreline Drive, Commctcial Site Plan Review, Public Hearing Zoning DUtrict; Lpt Area! Lot Width: B -1, Kntail Sales Business District (20,000 s.f. minimum) 0.953 acres (41.521 s.f.) . 185 feet (lOO* lequiied) Application Summary: Applicant requests a commercial ilte plan review hi order to obtain an occupancy and/or building permit for property located at 3455 Shoreline Drive. The applicant# are proposing to convert an existing back-side lower level vacant apace into a beauty ahop/salon. which is a permitted use under the B -1 zoning district. 5ta/J^ Recommendation: Staff recommends that the Plaiming Commisaion discus# the mgress and egress agreement and the shared parking agreement submitted by the applicants in makiiig a recommendation to the City Council en this use._____________________ At the February Planning Commission meeting this application was tabled to allow the applicants to work on a more acceptable parking arrangement that would not require variances and to confinu whether legal access exists to tlic rear of the bujlding. LlstofBxblbUs Exhibit A - Existing Ingres# & Egress Agreement Exhibit B -Proposed Parking Space License Agiccmcnt Exhibit C - PC Action Notice dated 2-23-05 Exhibit D - PC Report dated 2-17-05 F.xUUug Ingress A Egress Agreement Mr. Keeveny, the adjoiniirg property owner to the oast, has submitted a copy of his Title and an associated document which coofirmo that access to the lower level of the applicant’s site does BxisL Tlic language of document #1176635, noted on the Title, permits this ingress and egress only for the “ownwa and tcuants (but not the business invitees)”. The language of the proposed Parking Space License Agi'oonient, attached as Exhibit B, grants ttre right to use a •imitctl lumber of parking spaces to Jul Ann’s, but does not appear to grant access over the Keaveny property to Jul Ann’s business invitees, which would seem to be a cntical tutssing element. Staff is concerned tlu»t tliis document will not be recorded against the clraiu of title on cither property and its permanence is also a concem. . JC ^ {PUr- *<//// )4» . vV*" \> MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21,2005 6:00 o'clock |>.m. 5. H05-3085 JULIE KRESLINS ON REHALF OF JUL ANN HAIR FASHIONS AND nUILDING OWNER ALECK G. OVERSON, 3455 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, 6:38 P.M. - 7:03 P.M. Julie and Ilariy Krcslins, Applicants, and Paul Overson were present. Gundlach staled this uppliculion for cuinincrcial site approval did appear before the Planning Commission at their February meeting, with the matter being tabled to allow the applicants to work on a more acceptable parking atrangement that would not require variances and to confirm whether legal access exists to the rear of the building. The applicants have submitted a sinned p rking agreement with Mr. Keaveny, the adjoining property owner to the east, as well as eonfirmalion that ingress and egress easements exist. Gundlach stated the formal easement for the ingre.ss and egress pertains to the apartment tenants and not the business invitees. Gundlach noted prior to the meeting a fax was distributed to the Planning Commissioners from Mr. Keaveny that slates if needed he will incorporate mgress and egiess for Jul Ann’s and her customers into the parking space licen.se agreement. .Slafl'’s major coneem with the proposed shared driveway and access agreement is tliat the parking agreement may be terminated under five different circumstances, and should the agreement be tcrminati d, the City would have a dilTieult time evicting Jul Ann’s Cnindlach noted the City Atlomcy concurs with Stafl's thinking and that the City would be required to file suit against Jul Ann’s for not meeting the requiiemeiils of hei occupancy permit should she not vohmiarily vacate the premises. Stall recommends that the Planning Commi.ssion discu.ss the ingress and egress agreement and the shaied parking iigieenient submitted by the applicants m making a recommendation to the City Council Harry Krcslins commented no lease is forever and that they have been forcerl to rckreate beeau.se they have lost their previous lca.se. Kreslins stated if that happens at this location, they would be forced to naive. PAGE I J A MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21,2005 6:00 o’clock p.m. Bremer noted the difference here is tliat this is not a lease on tlie building space being occupied but rather on the parking space located in on adjoining lot. Harry Kreslins stated they could stipulate to the City tliat they would relocate to another location if they lose their parking. Bremer stated in her view that would be an important stipulation to include in the agreement. Bremer stated the first paragraph of the parking agreement should provide the exact number of parking stalls being provided for this tenant. Bremer inquired how many parking spaces Kcaveny would be providing. Overson stated Mr. Keaveny has agreed to lease them however many spaces arc necessary to meet the requirement of the City. Bremer recommended the agreement be redrafted to include the actual number of parking spaces being leased by the applicant and that all the language be contained in one signed document. Bremer suggested language also be included in the agreement that requires the City be notified immediately if the parking agreement is tenninated. Bremer further sugge.sted a provision be included in the lease with the Oversons stating that Jul Ann’s tenancy would expire should the jiarking agreement be terminated for some reason. Bremer inquired whether the City is aware of a similar type arrangement anywhere else within tlie City. Gaffron noted there are a couple of shared parking agreements in other parts of the City, such as Culvers and Synders and the city parking lot located on the north side. Berg questioned if the chureh and the Freshwater Institute have a shared parking arrangement. Gaffron indicated he is unsure whether those two parties have a formal written parking agreement. Marry Kreslins noted parking at their current location is also undefined. Rahn inquired whether there were any public comments concerning this upplieation. PAGE 2 ! o A'MINUTES OF THE OKONO PLANNING COMMISSION MEETING Monday, March 21,2005 6:00 o’clock p.ni. Dctli Krcsiic, 3455 Sliorcline Drive, stated the parking at this site is a big concern ofticis and that the pill king should be better defined. Krcsiic inquired whcliicr llic agrccincnl covers the upper parking lot or the lower parking lot. Krcsiic noted the landlord is aware of the parking situation. Gundlach slated the existing three businesses and the five apartments require 30.5 stalls, with the upper and lower lots providing 28 stalls. Gundlach noted this docs not include the parking rcquiiemenls for Jul Ann’s. Gundlach staled all the parking spaces for Jul Ann’s, plus 2.5 additional spaces, would need to be provided on Keaveny’s lot, for a total of 8.5 stalls. (Iiair Rahn closed the public hearing. Rahn stated in his view adding another tenant in this building is over-leasing this building and that the lower units were probably originally constructed to accommodate storage. Rahn noted the City does not have any record of tenants being in the lower level even tliough there liavc been tenants located in theic in the past. Rahn commented the shared parking agiccnient might be a dangerous precedent in this situation. Harry Kreslins inquired what the objection would be if they meet all the lequirements of the City. Rahn slated typieally people are required to meet the eodc on that subject property. Rahn commented this is similar to people boirowing hardcover from another pro|K*ily and applying it against this pio|iei ty. Rahn reiterated his eonccni that this properly is being over-leased by adding another tenant and IS compounding the parking concerns. Over.son noted the ncighboi iiig lot is not cunenlly being ulih/ed and that there is plenty of parking space available. Gundlach stated if the howling alley reopens, the parking would not l»e sufficieul on that site and the parking agieenient with Jul Ann’s would probably be terminated. Winkey inquired ho» -..any employees Jul Ann’s employs. 1 ‘AGE 3 4 MINIITKSOKTIIK OKONO PLANNING COMMISSION MKK I ING Monday, March 21,2005 6:00 o'clock Julie Krcslins s(otcd she has four employees, with a maximum of three bcouliciaii.s heinp, there at one time one day «)ut of (he week. Krcslins jiolcd she is reducing the hours her luisiness is open each week and that they would like a more economical location. Oveisou commented the type of clientele that would utilize the pnrkinp, would not he parking on the site for the entire day hut rather 15 minutes to an hour. Herg noted there was a heimty salon at that location for appioxininicly 20 years. (liifTiou staled the C'ily has no record of the beauty shop ever being grunted approval. Kempf stated one of his coiiceins is when the situation with the Kcavciiy building cliaiiges and how the lermiiiatioii of the pni kmg ogreement and its impact on thi.s site would be cnfoiceabic by the City. Gaffron stated the City Attorney .stated the City would be put in a difficult situation if the ]iaiking agreement is Icimiiialcd and would lie faced with possibly evicting the tenant. Krcslins stated they would be willing to stipulate in writing that if the parking agi ecmcnl is terininalcd for Mime rca.soii, they woulil vacate the piemises. Bremer iiupiired whetlier the shared parking ugrcctneiil could be made a pait of the main lea.se with Overson. Over.soii staled lliat coiihl be mcoqiorated into the lease. Uremer sta>vd she would still like to .sec .some notice to the City if the shared parking arraiigemcnt is teimiiiatcd. Hienicr noted this applicaltotl would need to be delayed to allow the City Attornev time to icview the lease document. Iluiiy Kicsliiis iiidiciilcd he is fine with that anangement. Jill gens noted the parking on this site is already subslaiulaid without the midilioii of aiuulicr tenant, and ilU)Uticd why the taiidloid is not being ie(|uiied to add more parking to bring this lot up to cotic. Ovcison staled he is unaware of what is pcrmi.s.siblc ami what the costs would he to aeeommodale the additional parking. Jiegeiis iiuiiiireil wlia! issues arc prc\cnting the laiullord fiom eieating the luldiiional paiking stalls pa(;f 4 1 I I\ • MINDTESOFTHK OHONO PLANNINC; COMMISSION MKKTINO Monday, March 21,2005 6:?0 o’clock Ucrg noted there is no place to create additional parking on this site. Ovei son coinmenlrd there is a hill to the west of the lot. Jurgens stated the addition of more parking would have some costs associated with it hut that in his opinion the owner shoidd he reiinircrl to look at how the parking on this site can be incrca.scd. (iullrun noted Item I in the parking space license agreement does not sjiecify where the.se |)aiking stalls aie to Ik* and that it dws not alleviate the concern that people would utilize the upper level of the parking tot. Overson staled as a courtesy Jnl Ann could tell all of its customers to park in the back of the building but that they cannot control where |K.*opIe choose to park. Kahn staled he is not supportive of tins appheation since in his view the building is over-leased. Kahn moved, Wliikey .secontled, (u recnmniciid denial of Application M05-.1085, Jnlie Kreslins on hchuir of .liil Ann Hair Fashion.s and linildiiig owner Aleck (>. Overson, 3455 Shoreline Drive, (’onimercial Site I'lan Review, because of lack of parking. VOTK: Ayes 3, Nay.s 3; llei g, Kcnipf and llrvuier oppo.scd. Rahil noted this application would move forward to the City Council. Ih criier noted .she is in favoi of the .shaied paiking an angeinenl. Wiiikey staled the vacant budding adjoining this lot sonic day will become occupied and would ier|uiie the propo.scd leased paiking stalls. Iheniei eonimenietl the applicant was directed .at the last I’lannmg (.Commission meeting to come hack with n parking agreement, which she did, and that in hei opinion an iippiopiiate iloenment could In* diafled that would addiess the eoiieei ns of the City. Jurgens stated in his opinion the landlord shonlil look at expanding ihe paiking on his lot. I’AtiK 5 J r- Marrh 21, 2005 Page I of 2 Dale Applicalion Keedved: I*l8-05 Date Applicalion Conildcrcd at Coinpicic: 2-7-OS 60-Day Review Period Eipirct: 4-6-05 To: ('hair Rahn and Plaiinini' (ximmi.ssion Members Ron Mooise, C’ily Adminisiralor From: Juniee Ciuiullaeli, City I’lannerJ^ Dale: March 1 7.2005 Subject: 05-3085, Jiilic Krcsiins on behalf of Jiil Ann Inc. and Huildini; Owner Aleck Overson, 3455 .Shoreline Orive, Commercial Site IMan Review, Public Hearing /oniii|> District: l,ol Area: l,ol Width: 13 1, Retail .Sales nnsiness Distriel (20,000 s.f. minimum) 0.953 acres (41,521 s.f.) 185 feel (100* required) Application Summary: Applicant requests a commercial site plan review in order to obtain an occupancy and/or Iniilding permit for property located at 3455 Sluneline Drive. 'Ihc applicants are proposing to convert an c.xisting back-side lower level vacant space into a beauty slio p/salon . which is a permitted use uiuler Ihe B I zoning didijel. Staff Recommnuiation: Staff recommends that the Planning Commission di.scuss the ingress and egress agreement and the shared parking agreement submitted by tbe applicants in making a recommendati on to lliej'ity Council or. this use. At Ihe February I’lanning Cumniission meeting this application was tabled to allow the applicants to work on a more acceptable parking aiTangcment that would not require variances and to confinn whether legal access exists to the lear of the building. I.tsi of Kxhibits lixhibit A - Fxisting liigie.ss & Fgiess AgieemenI Irxhibit 13 Propo.sed I'arking Space l.icense Agreement Fxliibit C PC Action Notice dated 2-23-05 I'xhibit I) - !•(' Report dated 2-17-05 Kxlsling lngrcs.5 l'!gi e.s.s Agreeiiienl Mr. Keaveiiy, the adjoiiimg piopeity owner to the east, has submitted a copy of his Title and an associated document which confinns that access to the lower level of the applicant ’s .site docs exist. I he languag,e of document #1176635, noted on the Title, peimits this ingress and egie.ss only for the "owners and tenants (but not tbe business invitees)", 'i hc language of the proposed Paikmg Space l icense Agicement, attached as l-xhibit B, grants the right to use a limited lunibci of paiking .spaces to Jiil Ann ’s, but does not appear to giant icce.ss over the Keaveny property to Jul Ann ’s biisme.ss invitees, which would seem to lie a critical missing element. Stall is concerned that this document will not be recorded against the chain of title on either piopeily and its permanence is also a coiiceni r WOS-3085 March 21, ZOOS Page 2 of 2 Proposed Parking Space License Agreement The applicants have .submitted an agreement with the adjoining property owner, Mike Keaveny, wliich permits the use of a specified number of parking spaces in order to meet tlie requirement of Section 78-1516. Staff has revised the usable square footages of the existing business to gain a more accurate count on the amount of required parking. Li^a Janes; Apex: Minnetonka Mud; Apartments; 1318 s.f. X (1/150 s.f.) = 9 spaces 391 s.f. X (1/150 s.f.) - 2.5 spaces 691 s.f X (1/80 s.f.) = 9 spaces 2 stalls X 5 units = 10 spaces Jul Ann Hair Fa.shions is proposing a u.sable square footage of 939 s.f based on the floor plan submitted and noted in the original I’C report. Uased on the 1 space per 150 square feet of floor area, 6 stalls would be required for thi.s use. As a total the site currently requires 30.5 spaces where the survey submitted shows the existing stall count to be counting the .spaces only accessible for the adjoining property. Including the proposed use, 36.5 stalls would be required in order to comply with the parking requirements established within the Zoning Ordinance. The applicants have proposed to account for the 8.5 stall shortfall by entering into an agreement with the adjoining property owner. Tliat agreement is attached as Exhibit IJ. 'fhe Planning Commission should review this agreement and determine if it is acceptable as a means for meeting the required parking. Staff would call your attention to the following; • Hie site is cuirently short 2.5 stalls based on the revised square footages and not including the proposed use. 'lire shared agreement is a lease between Mr. Keaveny and Jul Ann, who requires only 6 spaces. Should tlie agreement include use of 6 stalls or 8.5 stalls? Should the property owner of the Overson site be included in the agreement? • lliere arc a number of circumslapces where this shared parking agreement may become tenninated (noted as items a-c on page one of attached Exhibit 13). The Planning Commission should discuss what happens to the propo.sed use shoidd the agreement be terminated. How does the City force the proposed use out if its parking goes away? • Shouldn’t access to these spaces for the business invitees be included in the agreement, as the formal ingress and egress easement permits access only for the tenants of the apartments... Staff Recummeiiciatloii Review the attached Ingress and Egress Document and Parking Space License Agreement and determine if they arc sufficient in addressing the concerns noted at the February meeting. If they arc, approve the commercial site plan request stipulating complying with Sections 58- 1 and 58-3 regarding junk and debris. This would include moving the dumpster to a location not obstructing parking spaces anti .screening it. If the Plaiming Commission feels the Ingress and Egress Document and the Parking Space License Agreement do not sufficiently address the original concents, deny the commercial site plan request or provide direction as to what revisions to the agreements are necessary. oo HCI93P|9fH) D jD M II «;ann iWE of Minnesota . '.ouNTY oi H ennepin. Ills Is lo oorllfy that CERTIFICATE OF TITLE No. SS0760 t oiarwcf couNr(f9i*i 16966 UrlRliiBlly riislattrail Che 25th day of July Volu«e(a) 1639 496626 REGISTRATION Tha Richard M. Kaavany Kamlly l^aitaH Pnrinwinhip clnfnt Noyimber 27, 1996, a Hiniiaauta iiMitntialiip, NV 8507G; Tranalec frea No(a) 560717 A. 0. 197) 12000 Harioii Lana Wrat, Nlnnatonha, Nlnneaota. 55305 *n g » la now Iho ownarfa) of on atlats In fso tlmpla of and In Iho foflowino doscrlbsd land situated In Iho County of Honnepin and U« la%aa» a%i AJI mbm Aaaa»S«« aaalda!!!] Into of Mtnnesola, to wif: g Traci n, Ragtntarail Land Suryay No. 1422. aha Norlharly. Baatorly and Weatarly boundary llnta al aald land ara narhad by Juillctnl LandMiha eat aurauant Ca m A I N • a *^TurtNM C«it No 16966; k ^ • r.-******^ aaaauant In fnvor af Iha City of Orono ovar, andar and acrona tba loolb )0 fact of the North ^.llBO fait of tha Rant 450 faat af Lota 13, 14, 15 and 16. DJack 6, Townalla o* Ungdon Park and th* Wa»t VO feal of tha liaiitI ’ *7 —v| AivwiMfBi.v VI 6#«in||iivfi rilifi fo«t of flii North 150 ftol of oticl Lot 13| mb oliown by ihol CAilalii litiiiniiioot rurorJfd «»:An tUiVL Ho (Non «• fo fort of obovo *TrACl) Cl 1(1 look 2423 of Dce6fl« page 162» 40 €»8iib{act lo an oaaanani for puayoaaa of Inimaf am! agrees oVar port of abovo laud aa ahown In dead Dor llo 11/6615; S' S‘*i&ub|ael lo the ancuinbranceB, liana and tnlefaal(n) noted by the meniorlni(s) iindorwrilien or endofsod horcon; and subjoct lo the ^^ilowlntj clHhta or eMciimbrimces sirbslaUiig, aa pruvIdeU In the Iwenly-fourih section of "Ar. «ct conceininglho iet)isliuUun ol land «• fl Jhe lllle lliofoto * of the Qenarel laws of Iho Sleto ol Minnesota for the year 1905, end Ihe omondmenls IS. .roof, nnmely.r>o m X X 5 a ... .1.6.1. .c,,S... as.. I...... c. tla. rakM.ail.clIcaca aal M.. 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Toftiwr WBt tot putpof*# of H>(rrf00 < daacrlb^ prMiloop froa KAlly Avanua by tba wi^ / \imb bualnaa# invifcaao) thareof and by aarvlcc and' flfeatj|4ility vahlAloa^bygr ria a^y^aao tha South 20 faat of tha Novth 192.5 fb^C of Tract b, Kaitatalfail Laiid Stttvay No. 1422. 4 Oft tat a CO th* above ^ nd' cimaiita / (buc ^»* • • Aaaatyliitt, hoWVdr, unto party of tha flrat part, tta auccaaaOta and aialgiia, Att7£aaanaitc for ..Ckta purpoaaa of Indfaas and aatoai'. fro* Tract 4’, loglatarad LaniTBurvay Vo. 1422 to County g not bualAaaa inyitoaO) of aalcl Itact V* Mpd .by .#a^lca 4b4 aamOfonty yaUtlMf § THirtlon of aaid Tract A olitch lb• 4qb tp tUf utility i aaaaftaot^lti 'fadDt 6f tha City of Orodo tafcOfdOd In* Ib?»dltl2423 of^ H04idaf iPM^ ^.142 ab DbcO^Ot to. d44liS75 In tha off ica 6£ ctifi VannApla Coimcy laaiat^. ^oC Xoi€fhsi» WithaU th* hsr6dUafn4tUt abd Oppuii<#»«iJiaw 6"iJW iubIo 1 f»V, or (a dOyU^ dpjN^Vfniy/io Wu foitf parey o/ th* tuond port, iii at\d oMlgia*, Xor- nd tk4 tna T'lrj^trl ab j tftf r ...........................-........................... . .............. . .................. ■ I,, -. ■ [■ .....................................................................................................—I—— — }f UU flni oM *Uda*4#dfv, 4o*i Muena^U \olth llio §aid parti *f ihs ataemd pmH, umuf* »Md PdditUp U.i« lOliX ofiaid IH fUt of tho land* and pwoWdda* pfartiald, and ha* goad o aUtl dhid odfMap^lba §d‘mo lie mahoaf an^yonn aforotaid, and that. <Ao lamo am frt* from, etU >niiai# :..jea44paKalafabhra,...taatr.UiJiMib|..,dor.ta<r^^ b£, °‘<rac4Hpd'; and Ktn.i )o I 04,1 o>>: CM •Ona M tP,>g •I-*.* I. !•• <■•*•• A^y r-*i ^ ' I •O-M O, o,pm.. O o •newt ■ flflt aftrbc«|a «n1 • ■•cotvi Utetg*,*, Mth la favwc «f , MliMiawe« r444r«l m4. I»ait‘AiMciUtlbh. t»*6iiiiat 2S,, ,ltfc4 ,*•* ■00«b*« IS. IMS. k)a*p<kctlv»l:y. fil«4 AaicMar 30t H»* oo< llovi rtar U, 14(1. ra.h«i*.iwalvV,((( roAbriMl iB Uiek )SiQ of aoiia'141 wM aoofc «iB» I ^ • fwt t t «w « EXHIBIT B PARKING SPACE UCENSE AGREEMENT I Parking Space License Agreement ("Agreement”) between The Richard M. Kcaveny Fanyly Limited Partnership, as “Licensor," and JuIAim, Inc., d/b/a Jul Ann Hair Fashions, as “Licensee.” Licensor owns the real property at 3421-3435 Shoreline Drive in the City of Navarre, MiiyiesoU, legally described as; Tract B, Registered Land Survey No. 1422, Hennepin County, Mirinesota (hereafter “Licensor ’s property”). Licensee is or will be a tenant of the property that is located at 3449 Shoreline Drive and which is adjacent to Licensor ’s property (hereafter the “neigliboriug property"). ' The parties agree as follows: ^ 1. License. Licensee snail have a license for the use of up to __par’icing spaces in the parking area on Licensor ’s property that is adjacent to Shoreline Drive (hereafter the “Li^nse”), by employees or clients of Licensee’s hair salon (to be) operated on the neighboring property, subject to the terms of this Agreement. 2. License Fee. Licensee will pay Licensor a license fee of $___per month, on or before the____day of the month, for each montli tlie License is in effect. The license fee for any pamal month will be pro-rated. The License fee will be subject to adjustment evciy twelfth month that the License is in effect, by not more than a cumulative total of 5% per year. 3. Terminarion: Term. The License will terminate if Licensee is delinquent in the payment of the monthly license fee or in any other obligation of Licensee pursuant hereto, and continues to be delinquent after ten days written notice to Licensee delivered or mailed to Licensee at Licensee’s last known address. Licensor (or Licensor ’s successors or assigns) may alsq terminate the License upon, or at any time after, the occurrence of any of the following con|ditions: (a) Licensor sells Licensor ’s property; (b) Licensor enters into a lease with a tenant who will occupy the lower Uivcl, or any part of the lower level, of the building on Licensor ’s property, and such tenant commences occupancy; (c) Licensor, or the present or future tenants of Licensor ’s property, need to have the licensed paraing spaces available in order to s;>.tisfy zoning other requirements of any governmental authonty' (whethe. due to a change in tl.. use or size of tl'.e building, change or application ot zoning requirements, or othei wise), (d) Licensor commences rc">ovaI, reconstruction, substantial remodeling, or any addition to, Uic existing building or other improvements on Licensor ’s property; (e) Any part ol Licensor ’s property is condemned or taken, either temporarily or permanently, by any governmental authority. Ter|miiiation pursuant to (a) through (e) above will become effective ten days after wiitten notice to l^icensee delivered or mailed to Licensee at Licensee’s last known address, and, Licen.sec expressly agrees that Licensee has no riglits or expectation whatsoever which would in any way impede Licensor from selling, leasing, removing, expandmg, remodeling or recon.structing the buijding or other improvements on Licensor ’s property and terminating the License by reason thereof Licensee also agrees tliat the License is personal to Licensee and will automatically teiminate if Licensee i eases to operate a IilIi salon on the n'‘ighboring property, for any reason, r or, if Licensee assigns or attempts to assign the License withou* Licensor ’s prior written consent in each instance (which may be given or withheld in Licensor ’s sole and absolute discretion); any change in ownership of Licensee shall be deemed an attempted assignment. If not sooner terminated pursuant to thip Paragraph 3, the License will, in any event, be terminable by either party upon thirty days advance written notice at any time after M / 20otf. 4. Ucensor ’s Obligation Limited: Exclusive Remedy . Licensee understands and agrees tliat this Agreement does not creats any obligation on Licensor ’s part with respect to plowing, cleaning or maintenance of the parking area on Licensor ’s proper^; provided, that if Licensee’s clients would ha/e, but could not, use the licensed parking spaces on any particular day(s) in a month because (i) Li^'ensor ’s parking area had not been plowea within a reasonable time after a significant snowball (as determined by reference to past practice) and (ii) the spaces on the neighboring property were ail in use, then, Licensee’s sole and exclusive remedy shall be a credit against the next month ’s license fee equal to 1/30'*' of the monthly license fee for each such day (or partial day). 5. I.iahilitv: Indemnify: Liability Insurance. Licensor shall not have any liability for injury, death or property damage to Licensee’s employees, agents, clients or invitees occurring on Licensor ’s property, unless resulting from the gross negligence or intentional act of Licensor or Licensor ’s officers or employees, and. Licensee will indemnify, defend, and hold Licensor hatmless from, any such claims; Licensee further agrees to carry liability insurance in form and .unount satisfactory to Licensor, insuring against any such liability and naming Licensor as an additional insured, and to provide proof of such coverage as and when requested by Licensor from time to time. 6. Not to be Filed This Agreement shall not be recorded or otherwise filed by Licensee with tlie Hennepin County Recorder or Registrar of Titles, and, shall become terminable by Licensor at will if so recorded or filed or if any memorandum or other document referencing this Agreement is so recorded or filed. Signed by the parties as of the date(s) noted opposite their respective signatures: The Richard M. Keaveny Family Limited Partnershi General P JulAnn, Inc., d/b/a Jul Ann Hair Easbions Date: _______, 200^^ Fresidmt Date:^ 200^ LA7QmVCIl^.^^Ke«veny^P•ri(ing Uccntc.doc L EXHIBIT C CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 05-3085 NOTICE OF PLANNING COMMISSION ACI ION DATE OF NOTICE: February 23.2005 'I'O: Julie Kreslins COPIES: Paul Overson 21965 Minnetonka Blvd.14821 Maywood Drive Excelsior, MN 55331 Burnsville, MN 55306 TYPE OF APPLICATION:Commercial Site Plan Review DATE OF MEETING: February 22, 2005 Planning Commission recommended as follows: Table. The applicant was advised to revise the application to not require a parking variance per Ci<y Code Seciion 78-1516 and also to pursue a formal easement agreement from the adjacent *andowner to the cast for legal access to the rear parking area. VOIE:FOR AGAINST Applicant ’s next meeting is tentatively scheduled for: Planning Commission - Monday, March 21,2005 pending submittal of revised plans incorporating the Planning Commission recommendation noted above; meeting starts at 6:00 p.m. II’ you desire certified copies of. tC official Planning Commission or Council minutes, they are available from the City Recorder aficr review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 052-249-4623. k F KXIIIBI I U (»0S-308S l-ebruary 22, 2U0S P |c I of 5 Dale Application Received: l-iS-OS Dale Application Considered as Compicle: 2-7-05 60-Day Review Period Eapires: 4-6-05 To; Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator Kroiii; Janice Gundlach, City Planner]^ Date: February 1 7, 2005 Subject: 05-3085, Julie Kreslins on behalf of Jul Ann Inc. and Building Owner Aleck Overson, 3455 Shoreline Drive, ('o:nmercial Site Plan Review, Public Hearing Zoning District: Lot Area: I,ot Width: H I, Retail Sales Husine.ss District (20,000 s.f. minimum) 0.953 acres (41,521 s.f.) 185 feet (100’ required) Application Summary' Applicant requests a commercial site plan review in order to obtain an occupancy and/or building permit for property located at 3455 Shoreline Drive. The applicants arc proposing to convert an existing back-side lower level vacant space into a beauty shopAsalon, which i.s a permitted u.sc under the I t 1 zoning district. Staff Recommendation: StalT recommends that the Planning Commi.ssion discu.ss the parking availability on site and tbe access to the rear of the building in making a recommendation to the C!ity Council on this u.se. Pertinent Zoning Ordinance Section.^ Sec. 78-642. Permit application. All applications for a building permit in any 13-1 retail sales business di.stricl shall be reviewed by the council and may be referred to the planning commission for review. (Code 1984, § 10.40(2)) liist of Exhibits Fxliibit A - Applications bixlubit H Applicants Narrative 1 ‘ixhibit (.’ Ivxi.sting & I’ropo.sed Sui vey w/Parking Fxhibi* D Proposed Floor Plan l')xhibit F Floor Plans of Plxisting Businesses Hxliibit F Fxisting Building Signage l i.Kliibit (i - Pioposed Additional Signai'e Fxhibitll Aerial Photograph Fxhibit I - Photographs Fxhibit J Pro|ierty Owncr.« I isl Ivxbibit K Plat Map I W5-3085 February 22.2005 Page 2 of 5 Background 'I'he building department was notified that work was being conducted in the lower level, rear vacant space of tlic Overson building located at 3445/3455 Shoreline Drive. Upon an inspection, the building department was notified that Jul Ann Hair Fashions from across the street would be relocating to this space. At tliis time City staff researched all files associated with this address to verify if legal occupancy of this space ever occuned. While staff recognizes that the space has been occupied in the past, legal occupancy must be obtained by Jul Ann, Inc. prior to the relocation and that this must occur through a commercial site plan review process. The owners of Jul Ann Hair Fashions have been conducting work on the space, which doesn't require a building/plumbing/mcchanical permit, with the understanding that it would be at her own risk until formal approval is obtained. B -1 Site Plan Analysis The applicant has proposed to convert the existing lower level rear vacant space into a beauty shop per the proposed floor plan attached as Exhibit E. Typically permitted uses do not require Planning Commission or City Council approval unless a building permit is requested. The applicants have stated that they will not require any permits, howevci staff has required an occupancy permit which is the reason for the commercial site plan review. Building and Planning Department staff felt that due to the various uses existing in the past, probably without ever needing a building permit, there may be some justification to allow .some type of use within this space. However, the proper site planning review procedures must take place to ensure that the site not only complies with the uses allowed, but with performance standards such as parking, access, and signage since these issues are affected as difference businesses come and go on any particular site. The purpo.se of this commercial site plan review is to verify adequate parking, safe and legal access, signage in accordance with the sign regulations as well as u general review of the existing non-changeables such as setbacks, structural coverage and hardcover. LOT ANALYSIS WORSHEET Lot Arca/Width B-I Lot Area Lot Width Required 20,000 s.f (0.46 acres)100’ Actual 41,521 s.f (0.953 aerc.s)185 ’ Setbacks Building, Yard B-1 Required Existing Proposed Front 35’. 20'70’, 0'NO CHANGE «N)5-30SS February 22, 2005 Page 3 of 5 Rear 35 ’, 50 ’97’, 7'NO CHANGE LcA Side (west)15 ’. 15'105’, 102'NO CHANGE Right Side (east)15’. 0’05ONO CHANGE structural Coverage Total Lot Area 41,521 s.f. (0.953 acres) I'otal Structural Coverage Allowed: 6,228 s.f. (15%) Proposed: 4,960 s.f (12%) Hardeover Calculations (Thc.se calculations are estimations as a hardcover analysis was not submitted and most of this hardcover has existed since prior to adoption of the current zoning regulations) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 75 - 250 30% of the property’s area 25%0%NO CHANGE 250 - 500 60% of the property’s area 30%t55%NO Cl lANGE The City’s Zoning Ordinance does not provide for difTercnt hardcover regulations for business zoned districts. I his is mainly because the City has very little area zotied for business (appro,ximately 2% of the entire City) and the issue has been overlooked in the past. However, the Navarre area is located very close to fake Minnetonka and many businesses exist within the 75 ’-250 ’ zone and beyond. Becau.se Navarre originally developed long bclorc any zoning regulations were in place, many of the sites do not comply with the current code. Although hardcover calculations we»e not required or submitted, the site probably contains somewhere around 55% hardcover within the 250 ’- 500 ’ zone with probably nothing within the 75 ’-250 ’ zone. The applicants have not proposed any increase in the hardcover levels however, a hardcover variance would be part of any commercial site plan appioval. Access Acce.ss to this site is at two locations: Shoreline Drive at the center of the front lot line for the street level businesses, and through tfe Keaveny site to the direct ea.st olTof Kell> Avenue for the lower level. StalT inquired about the legality of this shared access with both building owners ami it is clear there are no ea.sements existing for this shared access. Should the Planning Commission wi.sh to approve this commercial site plan review and ultimately the u.se, the building owner should be required to obtain an easement for a shared acce.ss. Staff feels this may be problematic should Mr. Keaveny wish to sell lor redevelopment, which could alTect such an ea.sement over the long term. r «r05-3085 February 22. 2005 Page 4 of 5 Parking Requirements 'I'here are three existing businesses: Liza Janes Hair and Nail Design, Apex Technology Sales, Inc, and Minnetonka Mud as well as four apartments. I'hcsc businesses and apartments require the following number of parking stalls (businesses based on usable floor area): 1068 s.f. X (1/150 s.f.) = 7 spaces 361 s.f. X (1/150 s.f.) = 2.5 spaces 596 s.f (1/80 s.f) = 7.5 spaces 2 stalls X 5 units = 10 spaces Liza Janes: Apex: Minnetonka Mud: 5 Apartments: Jul Ann Hair Fashions will be accessed from the rear of the building, fhe floor plan submitted for the shop indicates 939 s.f will be usable floor area. This would yield the following required parking: Jul Ann: 939 s.f x (I/I50 s.f) = 6 stalls As a total the site will required 33 parking stalls in order to comply with the parking requirements established under Section 78-1516. The survey indicates that 28 stalls exist on the site, 16 at the upper level, 12 at tlie lower level (some only accessible from the adjacent site). Approval of the use would require a parking stall variance to permit 5 less stalls than required. It should be noted for the purposes of reviewing the adequacy of parking on the site that the City has received complaints from busir-.ess owners within this building that there is not adequate parking available to serve the existing businesses located on the street level. The addition of this use may, or may not, put further strain on this issue regardless of its location around the rear of the building. Signage Signage in all B districts is regulated as follows: B-1, B-2 and B-4: size. Within the B-1, B-2 and D-4 districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot for eacl. front foot of building, plus one .square foot for each front foot of lot not occupied by a building. No individual sign shall exceed 50 square feet. and B-I, B-2 and B-4: height. Within the B-1, B-2 and B-4 di.strict.., no sign shall extend in height more than two feet above the highest outside wall or parapet of any principal building, nor shall any sign be located closer than ten feet from any property line; except that any sign over ten square feet may project two feet into any required yard area from the principal building. The cxi.sting signage on the building is as follows: Lizii Janes: 32 s.f. Minnetonka Mud: 56 s.f. (entire awning) Apex Tech: 24 .s.f. Total- 112.s.f WS-3085 February 22.2005 Page 5 of 5 Jul Ann is proposing to use the existing sign across the street which is 2 x 7 or 14 s.f. to be displayed on the street side oftlie building. This brings the total amount of signage to be displayed on the street side of the building to 126 s.f. Tlie applicant is also proposing to di.splay a I’ x 4 ’ sign on the back side of the building near the proposed entrance. Ibis brings the total amount of signage to 130 s.f. where the Zoning Ordinance permits 185 s.f based on the street frontage of the lot. Staff finds this to be acceptable, however the sign must be located below the roof line in order to comply with all aspects of the sign code. Zoning Violation.*! During a site inspection performed on 2-11-05 is was noted that the area behind the building, within 250 ’ of the lake, has accumulated various items of junk and debris. A review of the addre.ss files a.s.sociatcd with this address reveals numerous notifications for removal of junk and debris dating back as far as 1995. The following items were ob.scrved during the 2-11 -05 inspection: -truck or tractor tire -picnic table •numerous chairs -awning supported by metal posts -fitness equipment -.scrap wood/pallcis City Code Sections 58-1 and 58-3 require maintenance of private property and prohibition of storage of junk cars, furniture, appliances, and household furnishings on private property. As pait of any commercial site plan approval t!ie applicant and/or building owner will be required to remove thc.se items from the property and ciimply with the above noted code sections. lighting The applicant is not proposing any additional lighting, lixisiing on site, there appears to be one pole with a light amt a tight near the entrance to the new space. h.sue.«i for Con.niticralioii !. Isa parking variance of 5 stalls reasonable? 2. .Should a shared easement for aceess to the lower level be part of any approval? 3. Should compliance with City Code Sections 58-1 and 58-3 be required as p.u t of this application? 4. Docs the potential future development of this site impact this use negatively? 5. Are there any other issues cu concerns with this application? Staff Kvcoiiinivndalioii If the IManning ('ommission lltids that parking and acee.ss requirements cannot he met then a motion for denial is recommended. If the Planning Commission wishes to approve this permitted use, then a parking variance .should he granted, the applicant must obtain a shared acee.ss agreement with the adjacent property owner and comply witli Sections 58-1 and 58-3. EXHIBIT A CITY OF ORONO - GENERAL LAND USE APPLICATION Application# O'L - i Dato Received_\_ l$jU^ Amount Paid ^ PROPERTY LOCATION Site Address Type of Application to be Filed _ Property Idontific.atier: Number (P.I.D.) APPLICANT . / Name ' //^ «JuIk l^fione (ho>no) "/jj.'i- V /*/• __Ptjono(work) /o .'i - 'f/ ■ ."i .s'" Addrcss.3/<4<_..v (!''i.tli:City / r. - '''r Zip / OWNER fif different than applicant). Name _ IPhone (tiome) f ____ Phone (work) 0f' Vi l' 5/_______ Address 4-fw'...........City Dato Property Acquired ______________________________________(month/year) I (do) (do not) also own the endjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $600 00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600 00 Guest House/Guost Apartments $600 00 Duplex Credit/Bldg $600 00 Commorcial/lndiistrial Use $600.00 land Alteration + Peimit Grading and tilling - designated wetland or floodplain ____ Grading and filling - 501 cu yd or more ____Grading, seawall, ndaining walls within 75' of lakeshore //fOr ^ PIRD/PIP - see Fee Schedule $250 00 Renewal Fee (no change from original application) Alfe*r the I act lee - Dcnitile (Uinent A()plicafion F ee OTHER APPt.lCATIONS X $600 00 Comrr.ercinl Site F'lan l^evicw (+ consultant fees) ___ $600 00 Vacation $600 00 tiasement V.ication $100 00 I ar.einenl V.ic.ilion With Subdivision ^ $60000 Re/uning (PUD lefer to fee schedule) ______$600 00 (Comprehensive F*lan Amendment ______$100.00 Appeals Other - see Fee Sclicdulo jr ■' A j f REQUIRED SUBMITTALS 1. 2. 3. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350' of the subject pr labels and plat map. List, labels and map may be obtained from Hennepin 4. 5. 6. 7. 8. 9. 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. Topographic survey (existing and proposed contours) if land alterations Involve changes in elevation (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 Coris»ruction plan. If applicable (see staff for requirements). ^PP; 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 submit^od.) The Applicant and Property Owner must sign this application. Please remember th 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 agr s to provide all information required or requested by Zoning Administrator, agrees tc pay additional fees (staff time not covered by origma. fee Qapd/pr unusual expenses incurred in review of th!s true and correct to the ’1 Applicant's signature Date OWNER'S SIGNATURE .. The owner hereby acknowledges and agrees to this application and further reasonable entry onto ttie property by City staff, consultants. ^>ente, cqiiawwij^ members, and Council members for purposes of investigation and verification of request. ^ Owner ’s signature Date immis'oii^^Dllcant'must have all submittals into the City^rtl4es ‘#days before the Planning CorK^^ Snlng Cornmissi^ Meeiings are held on Ihe third Monday of each at all scheduled review meeiings of the Planning Commission and Courtcil If an applicant is u attend' a scheduled meeting, please make arrangements to have an and advise the Building & Zoning Office of this change prior to the meeting. I t>0 39Vd zeaiz0t’T99 it: oT O' ■-•^itSSoV 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 Parkway Orono. MN 55356 Mailing Address: P.O. Box C6 Crystal Bay. MN 55323-0066 For Office Use Only: City Planner: ;! t t Main: 952-249-4600 Fax: 952-249-4616 Meeting Date/Time: /j/gfOS PC Date: pc : i What 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: ' Dr. ___ Property Identification Number (PIN):_________ Zoning District: fe"/ ____Size of Property: DESCRIPTION OF REQUEST: □ Kes. Access. Use □ Institutional O Cnmm / Indust Use □ PP.D / PID E] Ollier: □ Guest House/Guest Apt □ Duplex Credit/Bldg □ Land Alteration ^Comm Site Plan Review / OTHER INFORMATION: EXHIBIT B A/ /^/)/ 5 ’CTol /i>. 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'•^ fX ^ V 34 <%■',,4- >3* ••#‘- ♦ - k ' s>M 5- . 4 $ >“ V »iW >;^x RUN DATE: I/IW2005 3S 1711723410083 PROPADDR 38 ADDRESS UNASSIGNEO OWNER NAME HENNEPIN roRFETTED LAND TAXPAYER CITY OF ORONO NAME/ADDR P O box 66 CRYSTAL BAY MN 55323 38 171 1723430086 PROPADDR 3465 LYRICAVt OWNER NAME C T CONLON ft N J CONLON TAXPAYER GREGORY T ft NANCY J CONLON NAME/ADDR 3465 LYRIC AVE WAYZATAMN 55391 38 1711723410089 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME L C SCOTT ft J E SCOTT TAXPAYER LYLE C ft JOYCE E SCOTT NAME/ADDR 7508 BANTAS POINT LA MINNETONKA MN 55391 38 171 1723430094 PROPADDR 3472 SHOREUNEDR OWNER NAME L C SCOTT ft J E SCOTT TAXPAYER LYLE C ft JOYCE E SCOTT NAME/ADDR 2508 BANTAS POINT LA MINNETONKA MN 55391 38 1711723430099 PROP ADDR 1400 SHORELINE DR OWNER NAME DAIES JOHNSON TAXPAYER CTJOHNSONft BA JOHNSON NAME/ADDR 1200 PHILLIPS DR ORONO MN 55355 1? HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM I PROPERTY OWNERS LIST I t 38 I7II72J4S0084 PROPADDR 38 ADDRESS UNASSIGNEO OWNER NAME HENNEPIN FORFEITEO LAND TAXPAYER NAME/ADDR CITY OF ORONO POBOX66 . CRYSTAL BAY MN 55323 L it 38 1711723430087 PROPADDR 3473 LYRIC AVE OWNER NAME TCftJM FLYNN TAXPAYER TOM C ft JULIE M FLYNN NAME/ADDR 3473 LYRIC ST WAYZATAMN 55391 ■'ll, ^ 38 1711723430090 PROPADDR 3499 LYRIC AVt OWNER NAME MARK W SCHMID taxpayer MARK W SCHMID ‘4 NAME/ADDR 3499 LYRIC AVE ,1’;? WAYZATAMN 55391 38 1711723430095 PROP ADDR 3468 SHORELINE DR OWNER NAME L BENZEL ft D BENZEL TRSTE TAXPAYER SANDRA HOLMAN NAME/ADDR 3468 SHORELINE DR WAYZATAMN 55391 38 1711723430100 PROPADDR 3505 LYRIC AVE OWNER NAME RUBY LIJNDBLAD TAXPAYER RUBY L UNDBLAD NAME/ADDR 3505 LYRIC AVE WAYZATAMN 55391 HfV' •i. 3 %r- ^ • p. PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROPADDR OWNER NAME TAXPAYER NAME/ADDR 38 1711723430085 38 ADDRESS UNASSIGNEO HENNEPIN FORFEHED LAND CITY OF ORONO PO^X66 CRYSTAL BAY MN 55323 /•i 38 1711723430088 3477 LYRIC AVE LC SCOTT ft J E SCOTT LYLE C ft JOYCE E SCOTT 2508 BANTAS POINT LA MINNETONKA MN 55391 PACE; I PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME taxpayer NAME/ADDR 38 1711723430101 PROPADDR 3513 LYRIC AVE OWNER NAME ELIZABETH M SCHULTZ TAXPAYER ELIZABETH M SCHULTZ NAME/ADDR 3513 LYRIC AVE WAYZATAMN 55391 38 1711723430093 j , 3480 SHORELINE DR LCSCOTTftJE SCOTT ' fK® LYLE C ft JOYCE E SCOTT 2508 BANTAS POINT LA MINNETONKA MN 55391 38 ,1711723430098 3416 SHORELINE OR GERM-TOM PARTNERSHIP GERM-TOM PARTNERSHIP C/0 COURT MACFARLANE 1107 HAZELTINE BLVD#535 CHASKAMN 55318 g ■UL 38 1711723430113 PROPADDR 3542 SHtJRFLINE DR OWNER NAME LOWELL R ZIIZLOFF TAJtPAYER LOWELL R ZITZLOFF NAMEADDR 319 BARRY AVE S *301 WAYZATAMN 55391 38 1711723430114 PROPADDR 3502 SIHJREUNb DR OWNER NAME LOWEU, R Zir/LOFF TAXPAYER LOWELL R ZITZLOFI NAME/ADDR 319 BARRY AVE S *300 WAYZATAMN 5539J L ^;• t 0,' 38 171 1723430142 PROPADDR 3440 SHOREUNF DR OWNER NAME RICHARD W BLOOMQLIST TA3CPAYER RICHARD W BIXX)MQU1ST NAME/ADDR 2500 HIGHLAND RO MINNETRISTA MN 55359 RUN DATE: I/I9/2005 38 I7II723430I55 PROP ADDR 3496 SHORELINE DR OWNER NAME THftMKFRAHM TAXPAYER THOMAS H FRAHM NAME/ADDR 3105 NORTH SHORE DR WAYZATAMN 53391 MENNHPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 38 2011723120027 PROP ADDR 2474 CARMAN ST OWNER NAME WARD E EDWARDS TAXPAY ER WARD E EDWARDS NAME/ADDR 2474 CARMAN ST WAYZATAMN 55391 38 2011723120028 PROP ADDR 2480 CARMAN ST OWNER NAME R A EDWARDS & J EDWARDS TAXPAYER RICHARD & JOHANNA EDWARDS NAME/ADDR 2480 CARMAN ST WAYZATAMN 55391 38 2011723120033 PROP ADDR 3465 SHORELINE DR OWNER NAME ALECK G OVERSON TAXPAYER ALECK G OVERSON NAME/ADDR 3625 ALVARADO LA PLYMOUTH MN 55446 38 201I723I2005I PROP ADDR 2497 KELLY AVE OWNER NAME AUSTIN H EVANS TAXPAYER AUSTIN H EVANS NAME/ADDR 2497 KELLY AVE EXCELSIOR MN 55331 38 2011723120054 PROP ADDR 2503 KELLY AVE OWNER NAME M i KELLEN 81: B K WARD TAXPAYER MICHAEL J KELLEN NAMEl/ADDR 2503 KELLY AVE EXCELSIOR MN 53331 38 20II723I2(M)58 PROP ADDR 2440 CARMAN ST OWNER NAME PAUL C BURLINGAME 3 AXPAYI R PAULC BURLINGAME NAME ADDR 2440 CARMAN ST WAYZATAMN 55391 38 2011723120062 PROP ADDR 38 ADDRESS lOMASSIGNED OWNER NAME PAUL C BURLINGAME ETAL TAXPAYER PAUL C BURLINGAME NAME ADDR 2440 CARMAN ST WAYZATAMN 55391 38 2011723120034 PROP ADDR 3423 SHOREXINE DR OWNER NAME R M KEAVENY FAMILY LTD PTNRP TAXPAYER RICHARD M KEAVENY NAME/ADDR REV LIVING TRUST 13405 HWY NO 5 YOUNG AMERICA MN 55397 38 2011723120052 PROP ADDR 2499 KEIXY AVE OWNER NAME SYLVIA BERTAGNOU TAXPAYER SYLVIA A BERTAGNOU NAMF7ADDR 2499 KELLY AVE EXCELLSKDRMN 55331 38 2011723120055 PROP ADDR 38 ADDRESS UNASSIGNI D OWNER NAME KELLY COVE HMOWNRS ASN/ORONO TAXPAYER KELLY COVE HMOWNRS ASN/ORONO NAME/ADDR 2497 KELLY AVE EXCELSIOR MN 55331 38 2011723120059 PROP ADDR 2450 CARMAN ST OWNER NAME M T PALMER & N B PALMER TAXPAYER MARK T & NANCY B PALMER NAMIVADDR 2450 CARMAN ST WAYZATAMN 55391 38 2011723120063 PROP ADDR 2507 KELLY AVE OWNER NAME BRADLEY A HOYT TAXPAYER CONTINENTAL PROP GRP INC NAME/ADDR BRADLEY A HOYT 253 LAKE ST E WAYZATAMN 55391 38 2011723120048 PROP ADDR 38 ADDRI.SS UNASSIGNED OWNER NAME CITYOFORONO T/OCPAYER CITY OF ORONO NAME/ADDR BOX 66 CRYSTAL BAY MN 55323 38 20II723I20053 PROP ADDR 2501 KELLY AVE OWNER NAME TIMOTHY J THOELB TAXPAYER TIMOTHY J THOELE NAME/ADDR 2501 KELLY AVE EXCELSIOR MN 55331 38 2011723120057 PROP ADDR 2414 CARMAN ST OWNER NAME MARTIN D WOODY TAXPAYER MARTIN D WOODY NAME/ADDR 2414 CARMAN ST WAYZATAMN 55391 38 2011723120061 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO T/OCPAYER CITY OF ORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 r ■>. WMI RUN DATE;H ennepin county property information system PROPERTY OWNERS LIST I^AGE; 3 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SEIWICK DEPARTMENT^ TO THE Bl OF MY KNOWLEDGE AND BELIEF.^^^^ ^ y fy /'y i i / N 1 ■ T fg w <• ^Hennepin 11 KXIIIBIT K Hennepin County Taxpayer Services Department r ------SHGRB. 1NE BR--------------------(HeSAH-NO-f6r PtAT-Bi (t>b) 60* 60 0 (Uhl 50 W\ (n\(r^)\{/A) (N) 6060 1M17-23-43 I */) 60 W) w (Ihl) ? 50 •n e> P. * 6 * (lOii 7 00 71 (in 60 60 0^‘ 50 60 60 50 60 60 ■A *o ? ^ tn P lO *’ «o (3? •o v> m2 •o 10^ lO VI 0 w# r2 (101 (90)(89)(80)(87)(05) 6 'fae; ’^60 60 60 60 w 60'^w\ m ^ 23 w> P, 15 V m tn tf to 20? VJ to 77 2 \(iu K *(ii •* ,5) (93)(04)(95)/• ^ -* I (142) .jp M 50 _50 eo (7H) » r/ivj (HO) 4/48 so 50 60 !M) 60 60 60 •'5 (83) v>V) ^ tt 60 *o P 60 to 60 «o 6o\/ 74^26 P 26P,77 (98)(99) - - ^-------— (ti-') 4«( t ? TOWNi S!be 1fl4 6H 3t%22 ^4 V * .•r Parcel Information ■W Parcel ID 2011723120033 House Number 3465 Street Name SHORELINE DR IhtH IS ihyt .1 UHjnlly nH.i'mioii mnp It rnprosonts n cofiit^ifiUuy} of inhttiuiUi'm And data fiorn City, County, and Statu toad authoiitius and other smjrces IlMlr A|i|iliratl(Hi llriiivril: 2/IH/OS Halt A|ipliia(luii roiivlilurcl a« ('uiiiiileic: 2/IA/05 60 nay Krvirw PcHod Kipirrs: 4/16/05 MAII i 8 2005 Cl IY Ut OHONO REQUEST FOR COUNCIL ACTION l)uk‘: March 23, 2005 llcnt No.: fo Department Approval: Name: Michael I*. ClulTion Title: Planning Diirclor Administrator Approval:Agenda Section: /oiling Item Description: //05-3090 JctTIinglcr, 2760 Shadywood Road - CUR - Resolution Application Summary: Applicant requests a CUP to allow construction of a pennanent piling dock. List of Exhibits A - Rc.solution U - Notice of Planning Commission Action 3-23-05 C - Memo and Rxhihits of 3-16-05 Planning (’ommission Recommendation: Planning Commission reviewed this item on March 21 and on a vole of 6-0 recommended approval per the staff recomnieiulalion. Staff Recommendation: Staff recommends approval subject to the conditions ns noted in the attached resolution. COUNCIL ACTION REQIIKS I'KD Adopt or aniend the attached resolution. I 4 ■ ■! 4 j i! f A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 78-1116(a)(8) FILE NO. /^OS-3090 WHEREAS, Jeffery T. Engler and Evie A. Engler, husband and wife, (liercinaftcr "tlie applicants”) are owners of the property located at 2760 Shadywood Road within the City of Orono (hereinafter "the City") legally described as follows: Tract A, Registered Land Survey No. 1196, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 78- 111 6(a)(8) to permit construction of a pennanent dock to be located within Lake Minnetonka adjacent to the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 21, 2005, at which times ail persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #05-3090. 2. The property is located in the LR-IB Single Family Liikcshore Residential zoning district. 3. The property abuts the shore of Lake Minnetonka and has had a seasonal dock in the past. Page 1 of 5 Mi'iiiMlirii'ii r 4. 5. 7. Permanent docks are allowed by Conditional Use Permit in the floodway and flood fringe ofLake Minnetonka per the provisions of Orono Municipal Code Section 78- 11 16(a)(8). The Orono Planning Commission reviewed this application on March 21,2005 and recommended approval for a conditional usr. pennil for construction of a permanent dock by a vote of 6-0, based on the following findings: a)The property is on l^afaycttc Bay ofLake Minnetonka and the proposed dock will be located within a cove area where wave and ice action will be minimal, hence the stability of the dock will be at minimal risk. The proposed pemianent dock is located in Lake Minnetonka and is under the jurisdiction of the Lake Minnetonka Conservation District (LMCD) and is subject to the LMCD permitting process. The proposed pemianent dock will be located to meet LMCD setback, location and length standards and is not anticipated to result in conflicts with adjoining docks nor pose any navigation hazards. 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, and that granting of the conditional use pennit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations by the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed conditional use pennit on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council liereby grants a conditional use permit per Municipal Zoning Code Section 78-1 116(a)(8) to permit construction of a pennanent dock to be located within Lake Minnetonka adjacent to the property, subject to the following conditions; 1. 2. 3. 4. 5. 6. 7. The dock shall be constructed per the location and design as indicated on the approved site plan attached hereto as Exhibit A. The dock shall be allowed as long as it continues to be pennitted by the LMCD and DNR and is in confomiity with the rules and regulations of those agencies. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. The property owner is advised to obtain the appropriate permits from the LMCD in the event tliat winter de-icing of tlic dock area is proposed. Authorities granted by this conditional use pennit run with the property not with the applicants, but arc pemiissive only and must be exercised by obtaining a City of Orono one-time dock pennit within one year of the date of Council approval, or this conditional use permit will expire on that date (March 28, 2006). Violation of or non-compliance with any of the tenns and conditions of this conditional use pennit shall constitute a violation of the zoning code, shall aulomatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understand and hereby agree to the tenns of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to tlic recording of this rc.solu(ion in the Chain of Title of the property. Page 3 of 5 MiHikiiMtib ' r Adopted by tlic City Council of the City of Orono, Minnesota at a regular meeting held on the 28"* day of March, 2005. ArmsT: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners The foregoing instrument was acknowledgctl 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 STATB OF MINNESOTA COUNTY OF HENNEPIN The foregoing in.stmniciit was acknowledged before me on this___day of __________, 2005 by IJnda S. Vee, City Clerk of the City of Orono, a Miniie.sota immieipal coqioration and said instnimcnt was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN Tliis instrument was acknowledged before me this____day of by Jeffery T. Engler, husband of Evie A. Engler. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this____day of, by Evie A. Engler, wife of Jeffery T. Engler. Notary Public Page 5 of 5 JSm .2005 2005 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 ZONING FILK fi05-3090 NOTICE OF PLANNING COMMISSION ACTION TO: Jeff Engler COPIES: Tim Lattcmer 2760 Shadywood Road Dock & Lift Inc. Excelsior, MN 55331 4550 Shoreline Drive Spring Park, MN 55384 TYPE OF APPLICATION:CUP for Permanent Dock DATE OF MEETING: March 21, 2005 VOTE: 6 FOR 0 AGAINST Plaoaing Commission Recommendation: Motion: To approve .subject to the following conditions: 1. The dock shall be allowed as long as it continues to be permitted by the LMCD and DNR and is in confonnity with the niles and regulations of tliosc agencies. 2.Future replacement or alteration of the dock will require a new conditional use pennit from the City of Orono. Applicant's next scheduled meeting is confirmed as: _____City Council - Monday, March 28, 2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they arc available iix)m the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. -• ■ ■ irM c Dale Application Received: 2/18/OS Date Application Considered as Conipicie: 2/18/OS 60-Day Kevietv Period Expires: 4/16/OS TO:Cliiur Ralin and Orono Planning Commission Ron Moorsc, Cily Administrator FROM: DAli:: Mike Gaffron, Planning Dircctor^^^^j^^ March 16. 2005 SIJBJKCT: //05-3090 - Jeff Hnglcr, 2760 Sliadywood Road Conditional Use !*cnnit to Install Permanent Duck - Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I Acre) Application Snniniary: Applicant recpiests a CMJP to allow constructir)ii of a permanent piling dock. Staff Recommendation: Staff recommends approval. List of Exhibits A - Application & Letter of Request U - Plat Map C - LMCD I’crmit Application D - Propo.sed Dock {.ocation Survey E - Design Detail F - Property Owners List G - Airphoto Pertinent Code Sections Section 78-11 16(a)(8): Floodway District Conditional Uses: “...8. All perinaneni boat docks or other similar structuies.' Sections 78-1117 and 78-11.35 Conditional U.se Standards and Review Procedures Suitiniary of Keqiie.st Dock & I ,in, Inc. on bclialf»>f applicant property owner Jeff l•nglcr has submitted an application for a conditional u.se peiniit, per (’oile Section 78-1 116 tt> permit construction of a permanent ilock for the residence at 2760 Shadywood Road, t his is a location where only a .seasonal dock has exi.sicd in the past, fhe proposal tiock will have space for 4 boats as allowed by die Lake .Minnetonka Conservation District (l.MCD). and will meet all LM('D-required setbacks. j m-3090 March 16,2005 Page 2 Permanent docks (i.c. tliose docks with pcmiancnt pilings which cannot be removed without heavy equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice damage. De-icing is typically accomplished by a bubbler system that keeps the water moving and therefore it does not freeze. The LMCD issues de-icing licenses, and has a set of standards which must be followed in terms of protection of adjacent properties from the impacts of de-icing. The proposed dock will be located in a fairly well protected cove area, so the potential for ice damage is relatively minimal. There are other permanent docks in the area, and they have not been a problem. Staffis advised by LMCD’s inspector that they will be issuing an LMCD pcmiit for this permanent dock, and have no specific issues with it. 'I’he DNR is notified of floodplain CUP applications, and is given the opportunity to comment. No comments from the DNR have been received for this application. Potential DNR concerns would be whether the work is in a sensitive habitat or spawning area, and whether the permanent dock might affect navigation or winter vehicular traffic on the lake. Neither of tliese issues are apparent with this application. Orono’s concurrent Jurisdiction over pennanent docks is primarily via the City ’s floodplain regulations, which provide no significant standards pertinent to the approval of pennanent docks. Both pennanent and seasonal docks fall under the zoning category of accessory structures, so with the exception of the RS District, one cannot have a pennanent or seasonal dock without a principal residence structure. There are no specific Building Code construction standards for docks. The City will require that a building pennit be issued to document the existence and construction of the permanent dock. Work was commenced on this dock prior to application for this CUP, and the work was stopped. The applicant has paid the after-the-fact fee investigation fee for this application. Staff Recommendation Staff recommends appmval of the conditional use pennit for construction of the proposed pennanent dock subject to the following conditions: 1. The dock shall be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies. 2. Future replacement or alteration of the dock will require a new conditional use pennit from the City of Orono. Application# 0 O CITY OF ORONO - GENERAL LAND USE APPLICATION Date Received 7-^1 I Amount Paid ^ 17-('Q. ^ PROPERTY LOCATION Site Address ^V\ADMuOC>Or)O^nvjo MO Type of Application to be Filed MeL O T>:iU- Cn Property Identification Number (P.I.D.) ?-\ ll'l 2-^ ')A 00^\f) APPLICANT Namei:UH LATTE L\rrXDO _________ Phone fhomel ____Phone(work) / Address ....City Zip OWNER (if different than applicant) Name^^j:^£j^^Ui^________ Phone (home)____________Phone (vtforklC'UpO) _______ AddressJ ZU'l^ 5HWCkSux>0D ZipJ ^S^t L Date Property Acquired ox/o^^___________________________(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 (ctiurch, 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 lakeshore PRD/PID - see Foe 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 Re^oniriy (PUD - refer to fee schedule) $600.00 Comprehensive Plan Amendment ^$100.00 Appeals Other - see Fee Schedule V; ■ ^ 1? ” 't' '»\ L < e' .; > 'A... / 'V /i'. e i REQUIRED SUBMITTALS 1. 2. 3. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 3h0' of the subject property, labels and plat map. List, labels and map may bo obtained from Hennepin County Department of Finance. Government Center, A-G03 300 South 6*'' Street, Minneapolis, telephone 612-348-5910). 5. 4. Vv Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. _jC_Attach legal description to application if not included on required survey. _jtC_Topograpliic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). _____List of the legal names (include marital status) of all persons with an interest in the propeity. This would include name(s) of npplicant(s) if not current owner(s). 6. 7. 8. 9. Construction plan, if applicable (see staff for requirerrierrts). __As an addendum to ttiis appircation, please attacti a separate list of arry other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND ♦ ‘"OPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scalec drawings of all documents, plans, etc. to bo submitted.) The Applicant and Property Owner must sign tliis 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 APPLICANT’S SIGNATURE The applicant herel>y 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 tlie information supplied is true and correct to the best of tris/her knowledge. Applicant ’s signature Date OWNER’S SIGNATURE 1 he owner hereby acknowlcr^s and agrees to tliis application and further authorized reasonable »:ntry onto the /Woperty by City staff, consultants, agents, commission members, and Council rne/iotjrs for purposes of investigation and verification of this request. DateOwner's signature Apphc.int imisl ri.ivo nil siilxijiftfifs into the City offices 2b rfnys brioro the f’l.inning Commission Meeting I’l.innini) Commission Menftiiijs nie lieltl on the ttiiid MoruJny of each month Applicants must be present at all •.chiHliilrd review mei'linijs of thi* Pl.inninij Commission and Council If an .applicant is unable to nllend a sctieduled meeting, please make airaiigements to tuivc an .luttioii/ed agent attend in your place aiuf aiJvise the tluilding A Zoning Office of ttiis cliange prior to the ini'eling i ; ...J/f t/J Jeff Engler 2760 Shadywood Road Orono.MN 55391 February 16.2005 To Whom It May Concern, My name is Jeff Engler aruJ my wife's name is Evie Ann Engler. After boating on Lake Minnetonka for several years we have finally purchased a house on the lake. We are in the process updating and remodeling the house. In addition, we would like to have a new dock constructed. After a lot of research we have decided that a wooden pole dock is the perfect choice. We do not care for the industrial look of a ntetal dock. The existing dock was a metal type dock which was in disrepair and needed to be replaced. We also do not like the idea of a huge, unsightly pile of dock equipment stacked in the yard all winter long. We notice that our neighbor has a wood pole dock and we really like the natural look of his dock. The look and stability of a wood dock is exactly what we want. The protected area of the lake that our new house is located at is an ideal spot for this type of dock system. Sincerely, Jeff^^l) 77* qIj? I B Hftinepin Hennepin County Taxpayer Services Department 21-117-23-13 11 fC f' ■L K'K % /f '\ Parcel Information H J 2111723240040 House Number 2760 Street Name SHADYWOOD RD This la not a legally recorded map. II represents a compilation of informalUon and data from City, County, and Stale road authorities end other sources. ’^\NNer PERMANENT NON-MULTIPLE DOCK LICENSE APPLICATION Lake Minnetonka Conservation District 18338 Minnetonka Blvd. Deephaven, MN 55391 Phone (952) 745-0789 c LMCD Receipt H In accordance with Scc.2.06 of the LMCD Code, llic following application for a pcmiancni dock license shall he completed in all respects and submitted to the District office. No person may locate, construct, install or maintain a new permanent dock on the lake without first securing a license providing that no such license shall be required of docks requiring a license under sec 2.03 of the LMCD Code. A new license is required whenever the size, type, location, or configuration of the dock is changed. No new license Is required for repair or replacement of a previously permitted dock where such repair or replacement docs not alter the size, type, location, or configuration of the dock. Because this form is to be copied, please use Mack ink or type. The person completing this form is the authorized agent or property owner (circle one). Applicant: LiFT, IMCL CTiM ________________ Address: ________________________________ City. State. Zip:9,PC^AJ^'"pAf..C M lU ____________ Phone: /t\V 8.5H3____________Fax: H~11- 7-/<?/ ;? Property Owner (if different fix)m applicant): Address '2-"lh?P Cily,State,Zip: I____________________ Phone: ^t)^ ' ___________Fax: '^izj'^ / 1 Documents listed below are required; and must accompany this application: tSLocator Map DScalcd drawing of docks on abutting properties □County Plat Map DProposed facility site plan |K)Ccrtified l^nd Survey, Legal Description OExisting facility site plan Absence of significant requested data, couid result in a processing delay. I. Type of facility OQ private () a)mmcrcial 2. Intended use of dock facility () multiple dwelling () other (explain) 3. Abutting property owners at the lakeshore: North or West OtLcMo / mime and addrcsi South or East _ LOiTTHeg. D OH mine and address Other alTcctcd parties________ ____ name and addreu t of 2 iWofi FEB 1 0 2005 Pernumcnt Non-Multiple Dock License Application 4. Site lake frontage; i feet; distance of dock into the lake: "1 ^__feet. 5. All setbacks for the dock use area have been obscr/cd ^ yes ( ) no. 6. All required pennits, licenses and approvals have been obtained from the city in which the permanent dock is located, and from the DNR: ( ) yes ( ) no Explain:, lk^‘ ______________ ___________________________ 7.Application Fee...........................................SISO.OO Afrcr-tlie-fact application fee........................$150.00 Total Fee enclosed.......................................$ I certify that the information provided herein and the attachments hereto are true and coirect; I understand that any license issued may be revoked by the District for violation of the LMCD Code. I agree to reimburse the District for any legal, surveying, engineering, inspection, maintennnee or other eipenses incurred by the District in cicess of the amount of the application fee. I consent to permitting officers and agents of the District to enter the premises at all reasonable times to investigate and to determine whether or not tlie Code of the District is being complied with. I agree to submit a certified, as-built survey upon completion of the docks. Z-/in /f>^ o7tt hoc Tint "PcOA \fCifirfAiF.lLjCCLX:C.Pc\t>P Return this application, attachments and fee to: RditfoRtliip to OwBcr Lake Minnetonka Conservation District 18338 Minnetonka Blvd. Deephaven, MN 55391-3232 Fax: (952) 745-9085 ^ 0 2005 2 of 2 mm i J ^1 * iiI II 7 LAKE MIH / "~^ygv— MlNNETOr ♦SS' 4^ 55" ll ♦| \u \§ ',! . „ , -ORDINARyHIGH \.^--TgATER EL 929.4 DRIVEWAY EASEMENT PER DOCUMENT NO. 998572 DOCK & LIFT, INC Tim & Mike Latterner 4550 Shoreline Drive Spring Park, MN 55384 DOCK SKETCH S Phone: 952/474-7934 or 952/471-8343 Customer N<im«Customer Address A p-P ^rlA r Customer Phone ^Date 1 ■ 1*~Tj| RUNDATB:2/1W005 38 21 1 1723130023 PROPAODR 2100 SHAOYWOODRD OWNER NAME K SEVERINSON/E F SEVEKINSON TAXPAYER KENNETH* EILEEN F SEVERINSON NAME/AODR 2800 SHAOYWOOO RD EXCELSIOR MN S333I HRNNEPIN COUNTY PROPERTY INI ORMATION SYSTEM PROPERTY OWNERS LIST 38 21 1 1723240005 PROPADDR 2735 SHAOYWOODRD OWNER NAME RGGAY&SLCAY TAXPAYER RICHARD GAY* SUE GAY NAME/ADDR 2735 SHADYWOOO RD EXCELSIOR MN 55331 38 21 1 1723240009 PROPADDR 2775 SHADYWOOO RD OWNER NAME R L UTfLE * D A UTTLE TAXPAYER RICHARD L UTTLE NAMI-7ADDR 2775 SHADYWOOO RD EXCL15IORMN 55331 PAGE; I 38 21 1 1723240016 PROPADDR 38 ADDRESSUNASSIONEO OWNER NAME DAVID C COOK taxpayer DAVID C cook NAMF7ADDR 680 W HILLSIDE DR WAYZATAMN 55391 38\2III7 PROPADDR 38 AQD OWNER NAME lAME TAXPAYER JAM NAME/ADDR UNOIVIDE 240028 SS UNASSIONED GINrilERETAL THER 38 21 1 1723240020 PROPACOR 38 ADDRESS UNASSIGNED OWNER NAME M J LEUER AHA LEUEK TAXPAYER MICHAEL J & HOLLA A LEUER NAME/AODR 3600 HOLLY LA N 8100 PLYMOUTH MN 55447 38 21 1 1723240079 PROPADDR 38 ADDRI-SS UNASSIGNED OWNER NAME BEATRICE G CARLSON TA3CPAYER RICHARD G GAY A SUE L GAY [ SU0D €^eu'f) NAME/ADDR 2735 SHADYWOOO RD \ '^IJ' y EXCELSIOR MN 55331 38 21 1 1723240021 PROPADDR 38 ADDRESS UNASSIONED OWNER NAME S R HECK A P A BECK TAXPAYER STEVEN K HECK NAME7ADDR 2795 SHADYWOOD RO ORONOMN 55331 38 21 1 1723240030 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME DAVID E MAISER/MARY A MAISER TAXPAYER DAVID I MAISER/MARY A MAISER NAME7ADDR 27(H) SIIADYWIX3D RD EXCEISIORMN 55331 38 21 1 1723240032 PROPADDR 2720 SHAOYWOODRD OWNER NAME B A KVAM A J C KVAM TRUSTEES TAXPAYER JOHN C A BEVEREEE A KVAM NAME/ADDR 2720 SHADYWOOD RD EXCEISIORMN 55331 38 2III72324U035 PROPAODR 38 ADDRESS UNASSIGNED OWNER NAME S RAP A BECK TAXPAYER STEVEN R A PEGGY A BECK NAME/ADDR 2795 SHADYWOOD RD EXCELSIOR MN 55331 38 21 1 1723240040 PROPADDR 2760 SHADYWOOO RD OWNER NAME C S I INDm'A J DUNDLEY TAXPAYER C S I.INDLEY A J D BINDLEY NAME/ADDR 2760 SHADYWOOD RD EXCEISIORMN 55331 38 21 1 1723240041 PROP ADDR 2780 SHADYWOOD RD OWNER NAME W R WITTMER A S K WITTMER TAXPAYER WRWIITMER ASK WITTMER NAME/AODR 2 >80 SHADYWOJO RO EXCEISIORMN 55331 38 2111723240045 PROPADDR 38 ADDRESS UNASSIGNED 03YNERNAME MARGARET LU)WE TAXPAYER MARGARET L 1X)WE NAME/ADDR 2630 LAFAYETTE RD W EXCELSIOR MN 55331 38 21 11723240054 PROPADDR 2785 SHAOYWOODRD OWNER NAME M J LEUER A11 A LEUER TAXPAYER MICHAEL J A HOLLA A LEUER N/BME//50DR 3600 HOLLY LA N 8100 PLYMOUTH MN 55447 h 38 2111723240059 PROPADDR 2771 SHADYWOOO RO OWNER NAME RGAMiOGLE TAXPAYER RKHARDGAMARLYSJOGLB NAME/AODR 2771 SHADYWOOD RD EXCELSIOR MN 55331 38 21 11723240060 PROPADDR 2765 SHADYWOOD RD OWNER NAME T M RANIXiAARIVM i BAKRETI IR TAXPAYER THOMAS M RANDGAARD NAME/ADDR 1 730 KENWOOD PKWY MINNEAPOLIS MN 55405 4A '.\ J' 38 21 1 172324006 1 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME JOHN P THIMMESH TA:<PAV ER THOMAS P HUBER NAME/ADDR 2615 SHAOYWOOO RO EXCELSIOR MN 55331 r t RUNDATE:2/l6/?(m 3R 2IM723740062 PROP ADDR 3B ADDRESS UNASSK3NL-D OWNER NAME KURTO PKLUU St LISA M I'hLUO TAXPAYER KURT O PPLUO NAMIVADDR <042 TURTl^ RD MINNETRISTA MN Sj373 38 2ni7232-«OOM PROP ADDR 27<0 SIIADYWIXID RD OWNER NAME ELAINE T PAOONIS TAXPAYER ELAINE T PACX3NIS NAME/ADDR 2740 SHAOYWOOD RD EXCELSIOR MN 333] I 21-117-23-24-0028 Douglas R Ault PO Box 800 Delano MN 55328 HENNEPIN COUNTY PROPERTY INI ORMATION SYSTEM PROPERTY OWNE.RS LISP PAGE: 2 James 0 Ginther 3131 Dartmouth Ave Excelsior MN 55331 38 211172324006} PROP ADDR 38 ADDRItSS UNASSIGNl D OWNbRNAMP S SHANNON & C SHANNON TAXPAYbR STEViiN Si C'lNDI SHANNON NAMI7ADDR 6080 OAMl FARM RD MOUND MN 55364 38 2111723240064 PROP ADDR 2730 SllADYWOODRD ('WNl RNAMi: JOHN I Ml Hl lXORN TAXPAYFR JOHN 1 III HI I KORN NAMF/ADDR 2730 SHADYWOOD RD liXCI liilORMN 55331 38 2111723310002 PROP ADDR 27V5 SllADYWOODRD OWNLRNAMi: S K A P A HbCK TAXPAYtR STEVEN R A PEGGY A BECK NAMIVADDR 2705 SHADYWOOD RD EXCEUIORMN 55331 ICKRTIIT rHAT I Hl 1 A(*l^ RLPIU SI isri l l) AKM AN AaTIKAIl* AND TRUE Rl-.PRESIKI A nON OK INKORMA IK )N AS IT APPKIARS THIS DAM ON THE RKCX3RDS 2 J y ‘ ^ . * ‘v<^-. r > .1, ;i Cj L*^r > ' ■■ KvV 4' 'X ¥fsh,' >■ I 7 t' .., r. =<■•■■-A..■*>>- 0vyg» k«i ^fe'l :.'• .00 ^Li '-f : v ’- *-^ «3>i5-S3;,.»K^ ..: ^ ■':'t, ’ y ■V ,•; ,■?;*• .v-jTj CVvi’ ^si ^r^Hi =*‘<? bl '* A>^ m&m try- •■ ■: '*:■ T i m 1“ i r ^ 0 • - « « ' • %ii’ V;V' t 't*-^' '* -,u ‘* '■ X ‘•^ -.'ai tai£M ^ <'■ .•*» *®';' ijiMi > i Dite Application Received: 2/2.1/OS Dale Application Conildcred at Complete: 2/21/OS 60-Day Review Reritid Explrci: 4/21/05 MAR 2 fi 2m Cl I y Oh OHOl^U REQUEST FOR COUNCIL ACTION Date: March 24,2005 Item No.: | f Department Approval: Name: Michael P. GafTron ^ Title: Planning Director Ailniinistrator Approval:Agenda Section: Zoning Item Description: #05-3096 Ben Faus, 550 Big Island - CUP - •'csoliition Application Summary: Applicant requ-sts a CUP to allow construction of a pcmiancnt piling dock. List of Exhibits A - Resolution B - Notice of Planning Commission Action 3-24-05 C - Memo and Exhibits of 3-16-05 Planning Commission Recommendation: Planning Commissioti reviewed this item on March 21 and on a vote of 6-0 recommended approval per the staff reconmiendation. Staff Recommendation: Staff recommends approval subject to the conditions as noted in the attached re.solution. COUNCIL ACTION REQUESTED Adopt or amend the ulluched resolution. 9 # ki A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECriON 78-1116(aK8) FILE NO #05-3096 WHEREAS, Faus Family Investments, LP, represented by Ben Fans, (hcrcinailer "the applicant”) is owner of the property located at 550 Big Island within the City of Orono (hereinafter "the City") legally described as follows; Lot 3, Kitchel’s Subdivision of Government Lots Five (5) and Six (6) in Section Twenty Two (22) Township One Hundred and Seventeen (117) Range 23 (23), Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 78-111 6(a)(8) to permit construction of a permanent dock to be located within Lake Minnetonka adjacent to the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 21, 2005, a; which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, nNDINGS 1. Tliis application was reviewed as Zoning File #05-3096. n The properly is located in the RS Seasonal Residential zoning district. 3.The property abuts the shore of Lake MinnetoiiKa and has had a seasonal dock in tlie past. Page 1 of 5 4. 5. 6. 7. Permanent docks arc allowed by Conditional Use Permit in the floodway and flood fringe of Lake Minnetonka per the provisions of Orono Municipal Code Section 78- 1 116(a)(8). The Orono Planning Commission reviewed this application on March 21,2005 and recommended approvai for a conditional use permit for construction of a pennanent dock by a vote of 6-0, ba.sed on the following findings: ’fhe properly is on Echo Bay of l^wer l.«ike. Lake Minnetonka and the proposed dock will be located within a cove area where wave and ice action will be minimal, hence the stability of the dock will be at minimal risk. The proposed permanent dock is located in l^c Minnetonka and is under the jurisdiction of the l.ake Minnetonka Conservation District (LMCD) and is subject to the LMCD permitting process. The proposed permanent dock will be located Ic meet LMCD setback, location and length standards and is not anticipated to result in conflicts with adjoining docks nor po.se any navigation ha/.ards. The City Council finds that the conditions existing on this properly arc peculiar to it and do not apply generally to other property in this zoning district, and that granting of the conditional use pcmiit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 'fhe City Council has considered this application including the findings and recommendations by the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed conditional use permit on the health, .safety and welfare of the community. Page 2 of 5 i CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above Htidings, the Orono City Council licrcby grants a conditional use pennit per Municipal Zoning Cotic Section 78-1116(a)(8) to perniit construction of a pennaneut dock to be located within l^kc Minnetonka adjacent to the property, subject to the following conditions: 1.The dock shall be constructed per the location and design as indicated on the approved site plan attached hereto as Hxlubit A. 2.The dock shall be allowed as long as it continues to bo permitted by the LMCD and DNR and is in conformity with the mles and regulations of those agencies. 3.Future replacement or alteration of the dock will ret)uirca new conditional use permit from the City of Orono. 4.The property owner is advised to obtain the appropriate permits from the I.MCD in the event that winter de-icing of the dock area is proposed. 5.Authorities p/anted by this conditional use pennit run with the property not with the applieant.s, but are permissive only and must be exercised by obtaining a City of Orono one-time dock permit within one year of the date of Council approval, or this conditional use permit will expire on that date (March 28, 2006). 6.Violation of or non-compliance with any of the terms and conditions of tins conditional use permit shall constitute a violation of the zoning code, .shall automatically temiinate any authority granted herein, and shall be punishable as a misdemeanor. 7.'1 he undersigned applicants have read, understaiul ami hereby agree to the terms of this rc.sohition and on behalf of themselves, tneir heirs, successors and a.ssigns, hereby agiee to the recor<ling of this re.solution in the C'hain of Title of the property. Page 3 of5 r I Adopted by the City Council of the City of Orono, Minnesota at a regutar meeting held on the 28 day of March, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners The foregoing instrument was acknowledged before me on this___day of__________, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Miimcsota municipal corporation and said instrument was executed on behalf of the City. Notary Public STA I E OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of__________, 2005 by Linda S. Vec, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThis instrument was acknowledged before me this__ by Ben Faus, ______________, on behalf of Fans Family Livestments, LP. . 2005 Notary Public , .! •. It , r • ( Page 5 of 5 L CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #05-3096 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 24, 2005 TO:Ben Fans 3810 York Avenue South Minneapolis, MN 55410 COPIES: Tom Niccum Minnetonka Portable Dredging 500 West Lake Street Exeelsior, MN 55331 TYPE OF APPLICATION: CUP for Pennanent Dock DATE OF MEETING: March 21, 2005 VOTE: 6 FOR 0 AGAINST Planning Commission Recommendation: Motion: To approve subjeet to the following conditions: 1.The dock shall be allowed as long as it continues to be pcmiitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies. 2, Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. Applicant's next scheduled meeting is confirmed as; _____City Council - Monday, March 28, 2005; meeting starts at 7;00 p.m. If you desire certified copies of the official Planning Commission minutes, tliey are available from the City Recorder after review and approval by the Planning Conunission. If you have questions, please call Planning Director Mike GafTron at 952-249-4600. i Dulc ApiiNctthuii Received: 2/23/05 Date Apiilicatioii C.'oiiaidercd at C*oiiiplctc: 2/23/US (i(M>ay Review Period Kipiret; 4/21/OS c K):Chair Ralin uiul Orono Plaiming Commission Ron Moorsc, Cily Administrator FROM: DATE: Mike Gaffron, Planning Director March 16, 2005 i SUBJECr: //05-3096 - Ben Fans, 550 Big Island Conditional Use Permit to Install Pcmianent Dock- Public i Icaring Zoning District: RS -- Seasonal Recreation District (5 Acre) Application Summary: Applicant requests a CUP to allow construction of a permanent piling dock. Staff Recommendation: StafT recommends approval. List or Exhibits A - Application B - Plat Map C - I-MCD Pemiit Application D - Proposetl Dt)ck Location Sketch B - Property Owners List F - Aiiphoto Pertinent Code Sections Section 78-11 16(a)(8): Floodway District Conditional Uses: “...8. All permanent boat tiocks or other similar structures.” Sections 78-1117 and 78-1135 Conditional Use Standards and Review Procedures Section 78 564(2)(a): Penuitted Uses: “Within any RS sea.sonal recreational district, no land or .structures shall be u.se<l except for any one of the following uses: (1) Onc-tamily detached dwellings lused for sea.sonal recreational uses... (2) One-family sea.sonal recreahonal use of land without structures, or with accessory structures only, such as tent camping or day use only. Accessory structures pennitted on land without a principal stiucture shall he limited to one or more of the following; (a) Docks conforming to City and I.MCD code retiuiremeiils. #0-3090 March 16,200S Fage 2 See. 78-566. Accessory ii.scs. Within any RS sca.sonaI recreational district, no accessory structure or use ofland shall be permitted unle.ss a permitted or conditional use is first established on such land, except as allowed in .section 78-564(2). Once a pennitted or conditional use exists on any lot or parcel, no accessory structure or use of land .shall be permitted except for one or more of the following uses: Docks conforming to city and Lake Minnetonka Conservation District regulations, not to exceed one slip per 50 feet of shoreline width, or a maximum ol four .slips per property, whichever is less. An annual Joint-use dock license shall be required for any nonresidential dock and/or for any projicrly having more than four slips. Summary of Request Minnetonka Portable Dredging, Inc. on behalf of applicant property owner Ben Faus, has submitted an application for a conditional u.se pennit, per Code Section 78-1 116 to permit construction of a permanent dock for the properly at 550 Big Island. This is a location where only a seasonal dock has existed in the past. The proposed dock will enclose a 32’ slip, and will include a small 6 ’ x 14’ platfonn. The property is considered as a ‘Confonving Record Lot’ within the RS District, listed in the code as being approximately 6.5 dry acres in area (Hennepin County records indicate it is about 8.3 acres total). The property is not subdividablc. Pennanent docks (i.c. those docks with pennanent pilings which cannot be removed without heavy equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice damage. De-icing is typically a'^eomplishcd by a bubbler system that keeps the water moving and therefore it iloes not freeze. The laikc Minnetonka Conservation District issues de-icing licenses, and has standards which must be followed in terms of protection of adjacent properties from the impacts of de-icing. The proposed dock will be located in a west-facing cove area, and the potential for ice damage appears relatively minimal. 'I'he nearest adjacent docks are perhaps 300-400 ’ distant, so no adjacent property would be impacted if de-icing does occur. StalVis advised by LMCD’s inspector that they will be i.ssuing an LMCD pennit for this pennanent dock, and have no specific issues with it. 'I’lic dock will meet all LMCD-rcquircd setbacks. The DNR is notified of floodplain CUI* applications, and is given the opportunity to comment. No comments from the DNR have been received for this application. Potential DNR concerns wouKl be whether the work is in a sensitive habitat or spawning area, and whether the pennanent dock might affect navigation or winter vehieular traffic on the lake. Neither of these issues are apparent with tliis application. H/0-3090 March 16,2005 Page 3 Orono ’s concurrent jurisdiction over pennanent docks is primarily via the City ’s floodplain regulations, which provide no significant standards pertinent to the approval of pennanent docks. Both pennanent and seasonal docks fall under the zoning category of accessory structures, so with the exception of the RS District, one cannot have a pennanent or seasonal dock without a principal residence structure. There are no specific Building Code construction standards for docks. Tlie City will require that a building permit be issued to document the existence and construction of the permanent dock. The applicant has not provided a survey for the property. However, based on the plat map sketch provided, the dock is proposed to be located where it clearly meets all setback requirements, and a survey of the property would not provide any information relevant to this dock proposal. Tlicre arc a few older buildings on the property, which the assessor has valued at a total of $ 1,000. The property apparently is used primarily for recreational purposes. If and when the property owner proposes any new structures on the land, the City would require that a Certificate of Survey be provided. Staff Recommendation Staff recommends approval of the conditional use permit for construction of the proposed permanent: dock subject to the following conditions: 1.The dock shall be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of tliose agencies. 2.Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. 1 I Application# dO^li/? Date Received A CITY OF ORONO - GENERAL LAND USE APPLICATION Amount Paid land. PROPERTY LOCATION Site Address _________55'd 6/g A^/and . nN}no Type of Application to be Filed do Property Identification Number (P.I.D.*) Zz -tn -z APPLICANT Name _________fhus_________________ -...... cioclc______ 2Z-II1 5t-oodj Phone (home ) C>iz • 9zc, -oC> 7 7 Phone(work)________________ Address Sx/i) ^ort Aoenut- ____City K Zip OWNER (if different than ^plicant) Name Mi^jialothL f6r(<bl( Phone (home). Address k tJaLhA j Phone (Work) City______^ h)iCCOfr\ Zip. Date Property Acquired ___________ __ 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 _____$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 lakeshore _____PRD/PID - see Fee Schedule _____$250.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee (month/year) 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 Rezoning (PUD - refer to fee schedule) ______$600.00 Comprehensive Plan Amendment _____$100.00 Appeals _____Other - see Fee Schedule " fi ■; o }5 v! .1 H... C ’’I L REQUIRED SUBMITTALS O0-30^i^ 1. 2. 3. Completed Application Form. Describe request in detail. 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 4. 5. 6. 7. 8. 0. 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. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (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). 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.) Tho 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 _________ « ✓ Vapplicant ’s 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^f his/her knowledge. p^iVApl^licant's signature '__Date 4^^ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application nnd 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. y . _ Owner's signature ^Date Applicant must have all isuhrnittals injp the City offices 25 daysl)efore the Planning Commission Meeting Planning Commission Meetings ar^eld on the third Monday of each month. Applicants must be present at all scheduled review meetiq^s/W the Planning Commission and Council If an applicant is unable to attend a scheduled meeting, pl^e make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 0.0“•Va \- 'Y 22-117-23-13 .OB'-’ tM«7MSr B '' S «ncr Us LsLm •r’»> ^ j \ . i PKRMANENT NON MULI IPl.E DOCK LICENSE APPLICATION I^akc Minnetonka Conservation District ______ 18338 Minnetonka Ulvd. Deephaven, MN 55391 Phone (952) 7450789 IMCDHcvctiMH I liiaccoi(ium:c with See.2.06 oflhc I,MCI) (*odc, the roIltiwjii)( applicution for a pciinanenl l)(x,k Liccie.c jJiall be completed in all ic .s|>cc 4k aik I Kubmiiial in llic l)iMri(4 orOce No person may locale, consinicl, insCall oi iiiaifiUiin a new permarrent dock on tlic lake wIU kiu I fust sccuinif* a license providin|^ Ibal no sik.Ii license sliall Ix! required of dfx ks requiring a license uridcr see 2.03 of Ibc LMC!I) C ikIc A i»cw Iicciiik . is re^iiiircxl wlic-nrver llic si/c, type, l(K:ahon, or corifigiirnlion of IIk! ik>ek is changed. No new licciLsi; is Kxpiiied for rcpaii oi icpliicniicnl of a previously liaiuitlcd dock wlicic such refuiir or replacement docs nol alter the size, Cype, location, or configuralion of the dock. Because this ftprm is to he copied, please use Mack ink or type, Tiic person completing this form is the aiilhori/eci agent or property owner (circle one). Aj)plicanf:-----________________________________________________________________ -------Lukt -S r_______________________________________________Address: Cily, .Stale, Zip:________________/lUJ. J?S^±L__________________ ^•lone; ___WfiV____________________Fax: 2- Propeiiy Owner (if diffciciit fiom applicant):______pM-n FetuS. Joh fjiN._____________________ (.’iiy, State, Zip:______________________ riioiic:______(all *KZC> ‘ OL> 77 ____Fax: l>ocunicnts listed below are rcquiictl; and nuj.sf accompany this application: ■ □Ixicator Map □Scaled drawing of docks on abutting properties □County l*lat Map □Projmsed facility site plan □(.ertificd Land Survey, Legal Description □Existing facility site plan Dock Absence of significant ret/uested data, could result in a processing delay. I. Type of facility ^ private ( ) coinnieicial ( ) multiple dwelling () other (explain) 2. Intended use of dock facility _ ^pf(\l4tc. P76dh/nf J. Abutting piojicity ownci.s at flic lakeshorc: Noiihoi Wc.st Ihmia^^Lufy^ui . (fic Onm. ^AJ 6>/?^ liaiiM* amiaddrrn South or Last (jiib/idL -Jihinut .djQ Qn>n.<i. J^N ^ C> U 'iyy 3y luiiiic and addfcxa Other affected paities __ lumic and aildrvsa i of 2 JAN - 7 2005 I • ( A o; ^ i •’wnwDCiil Non-Mulliptc l>«K:k I Jcrnie AppttaHlon 4. Site lake frontage: _lgOO[__feet; distance of dock into the lake: ' feet. 5. All setbacks for the dock use area have been observed (x) yes ( ) no. 6. All required permits, licenses ,t ,-provals have been obtained from the city in which the permanent dock is located, and from the DNR: ( ) ye.-; ( ) no F,x plain:__________________________ 7.Application Fee...........................................$150 00 Aftcr-the-faet application Toe.......................$150.00 Total Fee enclosed.......................................j uiSSlLd^hl, hereto arc true and correct: I “** District for any legal, surveying, engineering, inspection. fli’^Jii ” if* pennitling officers a>id agents of l!r l^istrict to enter Uic orciniscs b«iw ‘° " Ihc C»lc of 1!« Dislncl is I agfcc (Osu^iia certified, as-buill survey upon complelion of III ^cks. /-s-6r TlOt Ditc RHiaMiiiap loOinier Return this f'ppliration, attachments and fee to: Lake Minnetonka Conservation District 18338 Minnetonka Blvd. Deephavrn. MN 55391-3232 Fax: (952) 745-9085 2 of 2 JAN -7 2005 r * *-3020l0' "‘JNETONKA K\.. «o''M V ORONO fl5l ( CARM a XN “““ )/ ‘ • •*■• V • 1 *t I >« ’, I /.') :/ V‘V Ci-> I;' C' ' • • KfJtf' c ... ..r- - X 11 )lj f~ .' - - n V"v (■----------• :A- ! .-( / <0 .''\'OA.V.■cl // V •■ '•U \J0 ,30-\ \> - ■" -.,» ,■«? U7:. «-J |/-7...',j ”\/, » \ ,M *“ •r. ‘ ■• c V: ' r.=;J^~:^,rU ___X \r:*^ --^ "/'>»Vi ' ...t»«ri<M--• '■^. ..'f\v- 1 ; ' ,0^' 20 ' " i X..^- [ASJ \ i>mf{ V . c»„ *• ') / tmti, ...... 40 / :i 4 >••■’ ray! / i Xs , -.'s I \ rL '' kO%«m jdr?", • 20 yZ-',-' \ /“ 40 'rthUm .-10 t i V > I ^'•/oin'/f m' ... ,y~.-'V J f M.f ■ / z . ->y V ,K ifc; HEEPHAVtN t' 'tai'ui so \ • OKtHNVVOobi ,X4«rf .^ytUlAAl «.J J 1 f J J \!cmi:oN ■''■ 'w'ft.(' I (MV • <.i3. "i I OUCKtHANI)''* . . tU A»lD ,A<^ I \\ ""l! I ^ X. yiEXCELSIOKJ'V\.,^ I •• zu.^aVMM W 1 13^y AlL^Jll 20 W -10 I ^ /1 J J 5 J SHOKtVVOODj I //r'v ,..r-4 \ n !CH9t^n\A^ lAKl ^5u\'m L lAf JAN - 7 zon ^ f /Z/ CARVER CoT" n.i. n --------------II 4 i A.L • i «••#»»€• U.wU« »K« **,Z77rTIir~| = Key To Facilities ^ Public Acc ^ All Other 1 - U Bjyiidr Marine S# 2) Bean's CreenwiKi Jj Bujiworii Marini 4) Carrttean Marina S) Ueephaven, City i B) f*rel Manna . 7) f^celsior, C ify of 8) Cra, i Bav PuHic *♦) Halstead Drive 10) Headwaten C ano 11) Hendrickson Arrp 12) HoMrard's Point M 13) Minnetonka Marin 14} Lake Minnetonka 1 I^J Maswell Bav-O^R IB Minnetonka Boat t 17) Mound, Crtv of 1_4) North Shore Marin 1*)) Rofkvam Boat V^. 19) Sailors World Man .____ % ^ -A ^ ^ ^ - C j,•••• ‘--r ' »--i I I I > ' ^ ^ ^ KATFfD SHOHt LWC ^ B, PLUMMfH'S siiB'o ste Rf com) f*UT •V.' ( S50 B^3X3la^^rA I* ^ f *•' ir P-2. I ; t f ‘ 'Uf RUN DATE: 2/25/2005 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE: I 38 22II723I3000I PROP ADDR 38 ADDRESS UNASSIGNED PROP ADDR OWNER NAME GERALD A ERICKSON JR ET AL OWNER NAME TAXPAYER GERALD A ERICKSON JR TAXPAYER NAME/ADDR 4567 AMERICAN BLVD W MINNEAPOUSMN 55437 NAME/ADDR 38 22117233100^7 PROP ADDR 560 BK3 ISLAND PROP ADDR OWNER NAME PALM PROPERTIES 11C OWNER NAME TAXPAYER PALM PROPERTIES LLC TAXPAYER NAME/ADDR 2311 WAYMTA BLVD MINNEAPOUSMN S5405 NAK5E/ADDR 38 2211723420002 PROP ADDR 18 ADDRESS UNASSIGNED OWNER NAME GERALD A ERICKSON JR LT AL taxpayer GERALD A ERICKSON JK NAME/ADDR 4567 AMERICAN BLVD W MP4NEAPOUSMN 55437 38 2211723240001 720 BIG ISLAND GERALD A ERICKSON JR 4567 AMERICAN BLVD W MINNEAPOUSMN 55437 38 22II7233I000I PROP ADDR 550 BIG ISLAND OWNER NAME FAUS FAMILY DIVESTMENTS LP TAXPAYER FAUS FAMILY INVESTMENTS LP NAME/AODR 3810 YORK AVES MPLSMN 55410 38 221172j.'10029 570 BIG ISLAi. ') SELDEN THOMPSON ROBB JR 5010MANITOU RD EXCELSIOR MN 55331 38 2211723420001 PROP ADDR 540 BIG ISLAND OWNER NAME GABRIEL JABBOUR TAXPAYER GABRIEI jAHBOUR NAME/ADDR 21 UNIVERSITY AVE N E MINNEAPOUSMN 55413 1 CERTIFY THAT THE FACTS REPR1;SENTIT3 ARE AN ACtTJRATl' /VND TRUE REPRESENTATION OF INFORMATION AS IT Al PEARS THIS DAT ! ON THE RECORDS OFl lIE HENNEPIN COUNTY TAXPAYER SERVICES^ DEPARTMENT^TO THE BEST 'I OF MY KNOWLEDOE ANDBEUEF. DATE C ■) CO PAGE: 1 3310001 LAND ILY INVESTMENTS LP ILY INVESTMENTS LP AVES 55410 U20D0I LAND ABBOUR AHBOUR SITV AVENE mSMN 55413 \ if. V .. I V i;-.r- .* V f r ..'L >. ; ' iV'l ST» M/ ' '*#>'• ■■■ r • ' A .s:v *fcSa& i».,. «a. ■:< - - ; % m-m mm lift C... HV« ^vrr; TV"v5i r^jTr-r 5# .J « ■ - *-*Wr- “ *S*» V Li;:^J'‘:-'' s^ 'ii .V mme?ri I* m. T ■->;ii f '4*mm m ^ ■ V, 15#^-A >■ ?-J' mU i>m k:' ^i- Department A Name (iregory Title Uirccior Item Descript Since 1998, th. personnel for tf recommend ng toe bools O' 'cr 1 COUNCIL AC Motion to appr purchase steel t- MAH 2 8 2005RKQIIEST FOR COUNCIL ACTION Cl IY OF OHONO DATE: March 28.2005 ITEM NO.; / Department Approval: Name (iregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Public Works Sled Toe Boots Keimburseincnl Policy Since 1998, the City has provided a maximum annual reimbursement of $100 to Public Works personnel for the purchase of steel toe bools which are required by OSIIA siifely regulations. We are rccommend ’ng increasing the annual reimbursement to $125 to account for cost increases fur steel toe boots O 'er the past seven years. COUNCIL ACTION REQUESTED: Motion to approve a maximum annual reimbursement of $125 for Public Works personnel to purchase steel toe boots. J I ^ DATE: March 24,2005 ITEM NO: j ^ REQUEST FOR COUNCIL ACTION »»rcTihjG MAR 2 6 2005 Cn Y OF ORONO Department Approval: Name Ronald J. Moorse Tilk City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Expiring Terms on the Flanning Commission The terms of three members of the Planning Commission, Marc I ritzler, Cynthia lircmer, and Travis Winkey, will expire on March 31,2005. All are eligible for reappointment to an additional term. The first step in the reappointment process is to direct stafl to contact the Commission members to determine if they are interested in seiA’ing an additional term. . V . REQIJKST FOR COUNt’ll. ACTION DATE: Marcli ITEM NO: /V CmiMr'ii »4!-c:TIM0 MAM 2 8 2005 Departmc‘iit Appnival: Nihm' Lyle Onuii Tide Huil(!iii{! OfficiulU ' Admiliisirator Reviem*d: /?/-A{>enci:i Section: ( iiy Admmistratoi's Report Item Description: Adupiion of tlic Minnesota State Huiidini^ Code - Ordinance Attachment:Draft Ordinatice Adopting tlie Minnesota State ntiildini.' Code Minnesota Rules, C'haptcr I3(M)-Special Fire I’rtttection Systems The State of Minnesota adopted the 2000 Inteniational Building Code with Amendments on March 31,2003. By Statute the City is now required to enforce the Code that the State h;is adopted. In the past the City would need to adopt a different Code every time the State changed Codes, i he State now allows municipalities to adopt an ordinance that v ill perjretually include the most cuirent edition of the .Minnesota State Building Code. The City previously enforced the 1097 Uniform Building Code and adopted its fee schedule. Staff recommends retaining the 1997 U.B.C. fee schedule. The fee schedule can be changed by ordinance at any time and docs not need to coincide with Code adoption. Staff reconunends adopting the Minnesota State Building ( ode that w ill perpetually include the most current edition of the Minnesota State Building Code and optional Appcndi.x Chapters relating to lire sprinkler rctiuircmcnts that arc similar to previous codes. COUNCTE ACTION REQUESTED: Motion to adopt the attached ordinance adopting the Minnesota State Building Code that shall perpetually include the most current alition of the Minnesota State Building Code and optional Appendix Chapters relating to fire sprinkler requirements that arc similar to orevious codes. ►OKIHNANriCMI.MIIKK , TIIIKI> SKKIKS AN OUlMNANt'K AI>Om\(; I III-: MINNKSOI A SI A'i K Itl II JIIN(; I lliS OlOINANrH: I'KOVIDKS FOR TIIK AI'PIJCAI ION, AO.MINiS IRA I ION, AM> f NFORC’KlMKNTOM SIF MINNI SOTA STATI* BIHI COnF liV Rl <a'l,A I IiNC; I IIF. i:RKri lON, < ONSI RI'<HON, FM ar<;ki\ikm , ai.i frai ion, rfpair. iMOMN<;, RFMOVAF, RKMOU IION, < <)NVF.RSION, Or< lir\N< V, F.gl IF.MFM, IISF, IIFI<;ilT, ARFA, ANI> MAINIFNANCF OF AM. Itl'll AND/OR STRIK TURFS IN I IIIS MUNK II'AI.ITV; I'ROVIDFS FOR I IIF ISSI AN( F OF PFRIXins AND < OFI.F<TION OF FFFS IIIFRFOF; MROMDFS I'FNAi riFS FOR VI0I.ATI0NTIIFRF0F;RFIT:AFSAI I ORDINAN( FSANDI'ARTSOFORDINANrFS THAI rONFMCI IIIFRFWllll. THIS ORDINANT F SHAH. ri RIT TI’Al.I.V INCM IDF I HF MOS I <T RRFM FDII ION OFTHF !MINNFSO | A S I A I F |{I’II.DIN(; < ODF wmi Tin: FXC’FmON OF nil. omONAI. AIM'FNDIX ( II APH RS. omONAF API'FNDIX niAl'TFRS SIIAFF NOI AIMMA I'NFFSS SPFC IFK AFI.V ADOI'IFD. This muiiicipalily docs ordain as follows: SFf TION I. (’iidi's Aclopicd hy RiTcreiici'. I lie Miiinc.sola Stale Buildirie. ('«uie. as luiopleii by the ('ominissioncr «>!'Adminislialioii purstiatil (o Minnesota Slalnles (’liapter loH to inH 7.S, ineindinj; all of the aniendnienls. rules and teyiilalions esiahlislied, ailopled aiul published from lime to time by the Mnine.sota ('ommissionet of Adimiu.stration. thiouuh the Ihiildinp. ('odes and Slainlards I )i vision is heieby atlopled by l eleienee with the exeeplion of the optional ehapleis, unless s|)eeilieally adopletl in this oulinanee I he Minnesota Slate Duihhiu', ('ode IS heihv incorporated in this ordinanee ;is if liilly set out herein SFC riON 2. A|)|>licillioii, AdlliiiiRtralioil and Fiiforeenieul. The appheation. adminislialioii. and enloieenieni oftlie ciule shall he in aeeordanee with Minnesota Slat- Hnildinp ('oile I'lie CiMle shall be eiiloreed wilhni the e.xirateiiiloiial hnnis peiniitte«l by Minnesota Stanile loH b2, Subdivision 1 when .so eslabhshcil bv this ordinance. The code enroieemeni ai'.enev of this iniinieipahly is called the ihiildini’. and /oniiii ’ Dep.iitnieiil I liis eode shall be enibicetl bv the Minnesota Ceitified Ittnldiiu’. OITicial designated by this Municipality to admiiiistei the Code (Minnesota Statute ItdTO.'^. Subdivision I). SF< ITON .1. IViiiiils and Fees. The issn.inee or|H'iinils and the eolkvtion of fees shall be as aut!ioii/cd III Minnesota Statute ItdTOJ. Subdivision I I’cnnit Ices .shall be asse.s.sed for woik Utiveined by tins ctuK ai aceoidanc. with the fee .schedule adopted by the iiitmieipalily in ()idtnance No .’2. Tliinl Senes In addition, a .aircharp.c fee shall be ctdiecteil on all peimits issiieil (oi vvoik j’i»\eined bv this code in aeeoiil,in< e with Mnine.sota Statute ltdt 70. Pape I ol 2 i SECTION 4. Violations and Penalties. A violation of the Code is a inisdcincaiiur (Minnesota Statute 16B.69). SECTION 5. Building Code Optional ('bapters. I hc Minnesota State Building Code, established pursuant to Minnesota Statutes I6B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapter;; of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most cunent edition of the State Building Code in Minnesota Rules, Chapter 1306, Special Fire Protection Systems are hereby adopted and incorporated as part of the Building Code for this Municipality. 1. 1306.0020, Subparl 2 2. 1306.0030, E2 SECTION 6. Effective Date of Ordinance. This ordinance shall be published in the I nker/Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Oror.o, Minnesota at its regular meeting held the 28th day of March, 2005 by a vote of ____ayes and_____na>3. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Page 2 of 2 Miwi SO I \ Kl I I s. ( II \|‘ 11 K sn ( I \l I lUI I’KO I { ( I ION s^ s I I MS 1306.0010 C;r.NRRAL. 'Iliis chapter authorizes optional provi.sions for the installation t»f tm-prcniiscs fia* su|)pa'ssion systems that may be adopted by a municipality in addition to the State buildint; ('ode. If tlie municipiility adopts tliem, tlie s|Kinklcr system roquirements of this chapter bcamie pjirt of the Slate Itoildinp, Ovle ano arc applicable throughout tlic municipality. 'Iliis cluiptcr, if ad«>pted, must be adopted witiuuit amendment. SI ATAUni: MSs I6U.59; KrB.til; I6IJ.61 HIST; 27 SR 1479 1306.0020 MHNICITAL OmOlN. Subpart I. Rrquirrincnf. 'The sprinkler system roquirements ol this chapter, if adopted, must be adopted witli the selection of eitlier subpart 2 or 3, without amendment. Subp. 2. Eiiating and sew buildings. Automatic sprinkler systems for new buildings, buildings incrca.sed in total fitor area (including the existing b<iilding). or buildings in which the occupancy classillcation has changed, must be installed and maintained in operational condition within the structure. Ihc rcquiroinents of tliis subpart apply to structures tliat fall within the occupancy cl.-issi(lealions established in port 1 306.0030, itcm.s A to 1£. Exceptions: 1 . 11k* ll«M.>r aica of minor additions that do not itK'roase the (K'cupsint load docs not have to be figured into the .square fixtl.'ige for occupancy classificatioas established in port I lOfi.OO.lO, items A to E. 2. 11ic existing portion of R>2 apartment occupancies, attached R-.t occu|KUKics. and attached hiwiiliomes is not requited to be sprinklerod uiuier this chapter. Subp. 3. New buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupjincy classification has changed must be installed and maintained in operational condition within the structure. llic rot|iiiromeiil.s of this .suhpart apply to slniuiiros that fall within the occup.iiKy cl.assifications established in part 1306.0030, itcm.s A to L. Exception: The flimr area of minor ad(litions that do not increase the occupant load docs not have to be figured into the sqiuire fcKitagc for occ'ipancy classifications established in part 130o (M) tO. items A to I!. STATALiIII: MSs 1611.59; I6B.6I; I6B.64 HIST: 27 SR 1479 I306,0tl30 REQUIREMENTS. For purposes of this chapter, area separation, firo barriers, or fire walls tk> not establish separate buildings. Gross square footage (gsf) means the floor area as defined in the Intcnvitional Building Code. Ihc fl(M>r area roquirements established in items A to I- are based on the gross square ftxHagc of tltc entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise: A. Group A*l. A-2, A-3. aini A-4 occupancies; B. Group B. F, M, and S iKcupancies with 2.000 or more gross square feet of flmir luea or with three or more stories in height; C. (iroup !• occupatu'ies will: 2.000 or more gross square feet of fl«>or ar;a or with two or more stories in height; I). Group E diiy care occupaiKicv with an (Kcupiini loail of lo or more; 241 t iff < * REOlJtST FOR COUNCIL ACTION DA I F: Murili 24. 2<N)5 I I EM NO: IQ POI •*^»'^** MtH 2 8 2005 Cl IY UH ORONU Department Approval: Name Ronald J. Mootsc Tiile (’ilv Adf;:«nislraU»r Admini-Hlrator Reviewed:Agenda Section: City Adininisliatoi's Repor« Item Description: Amendment to V'eri/pn Water I'lower Lease Agreement I hc C’ily currently has a lease with Verizon Wireless that allows six antennas to be located on the Navarre water t»)wer. Verizon has rcqiiested tiiat the mimber oranlenoas Ik* increased rn»m six to twelve. An amendment to the existing lease agreement rellccting the twelve antennas and an annual lease anioum of $20,401* is attached lor (’t*‘iiicil c(»nsideration COUNCIL ACT ION RFC^UES LED Motion to approve the attached amendment to the Verizt»n lease agreement to :dlow twelve antennas on the Navarre water lower, and to increase the annual lease r.ite to $20,400. MIN - Navarre AMENDMENT NO. I TO SITE LEASE AGREEMENT Tliis Amendment No. I (hereinafter “Amendment”) to that Site Lease Agreement dated July 9'*', 2001 (“Lease ”) by and between the City ofOroi.a (hereinafter “Landlord") and Verizon Wireless (VAW) LLC d/b/a Ve:izon Wireless (hereinafter “Tenant ”), is hereby made a part of and incorporated into the Lease. 1 Modifications to the Lease. A. The I 'ase is amended to allow an installation as described in Exhibit C-2, which is attached hereto and made a part hereof. B. The reference to 6 ai.teniias in Section 2 shall be c!tanged to 12 and Rent shall b" inr'cas. <1 to $20,400 per year, 'l enant shall pay Landlord $1716.33 for the period ol March 15*, 2005 - December 31 2005, on or before May 15* 2005. Ratification of Agreement. Except as expressly set forth herein, ali other terms and conditions of the Agreement shall remain unmodified and in full force and effect, and the parties hereby confirm and ratify such terms and conditions and agree to perform and comply with the same. CITY: City of Orono. a municipal corporation TENANT: Verizon V.'irelcss (VaW) LLC d/b/a \'erizon Wireless By: Name: Barbara Peterson Its: Mayor By. By: Name: Howard H. Bower Its: Midwest Area Vice President-Nerwork Name: Ron Moorse Its: City Administrator Dale: Date: MIN NAVARRB AMENDMENT NO. I i ArKNOWI-KI)(;iV1F.N'l s l-AM)l-()KI)’S ACKNOWFKIMiMKN I STAII OI MINNi;S()TA roiINTY 01 RAMSI-Y ) ) ss ) Oiilhis _ ilay of _ .200 . hcforc* me, the undersigned, a Notary Public in and lor tbc Slate <»f Minnes<»ta. duly commissioned and s\v«*rn. personally ap|)carcd and ______ .to me known to be the Mayor and City Administrator t*f the ('ily (»l Orono, the mnnu ipal eorpt)taiion that exeeuled the (oiegomg insirumeni. and aeknowledeed said instrument to be the tree and voluntary act and deed oT the corporation b>r the uses and purposes therein mentioned, and t)ii (»alh sialetl that ihev are auihori/ed to exeaile the .saiil insirumeni IN WUNI-SS '.YIII KIOI . I have hereunl.. sit my hand and allixetl my ollieial .seal the $ day and \eai tirsi abo\e written. Print or 1 y pe Name:________________ Notary Public in aiul Ibr the State »»f MN Residing at _ _____ My ap|x>mtmenl expires:_____________ SIAII- OI INDIANA I FNANT ’S ArKNOWI.KIMilMFM ) ss. cohni yoi iiA.Mii ion ) On this day oC _ _ , 200_, beloie me. the undersigned, a Notary Public in and lor the Stale of Indiana, duly cernmissioned and sworn, pcrson.illy apix-ared llowattl II. Mower, lt> me known l«' be the Midwest .Area Vice Presitlenl-Nelwork t»l V'eri/t»n \S ireless (YAW) lie d b'a \ eri/oii Wireless, that exeeuled the loregoing instrument, and aekiitwvledged said instrument to Iv the free and vidiinlary ael aiul deed ol V'eri/on Wireless |\’A\\ 11 I I d b a Veri/on Wireless, lor the uses and puipo.ses therein mcniiorud, and on oath stated th.it he is aulhoti/ed to execute the said instrument IN WII NI SS \\ I ll d<l ( )|-, I have hereunto set my h.nul aiul allixed my idlieial seal the da\ aiul vear liisl aluive wtillen. Print Name:___ ____ Notary Public in aiul for the Stale «d Indiana residing at My apju>inlment expires: MIN NAVAIUU: A-MtNDMLNI NO I Kihihit r-2(P»Ki- I of 2) MIN NAVAKKI AMI NI>MI Nl l>^( S Exhibif C-2(Fugc2or2) MfNNAVAKKI AMI NDMI NT NO I I ^ . REQUEST FOR COUNCIL ACTION PO* »*^'^** MAH 2 8 2005 DATE: March 28. ITEM NO: I (p Department Approve^ Administrator Reviewed: Name Tom Kuehn'/^'furi ’v— Title Finance Director / Agenda Section: City Administrator's Report Item Description: 2005 Liability Insurance Policy and Worker Compensation Insurance Policy Premium Tabulations and Award Recommendations Attachments: (1) Liability and Worker Compensation Insurance Premiums Tabulation (2) Worker Compensation Plan Estimated Premium Quotation The comparative tabulation of the 2004 and 2005 renewal insurance premiums and the 2005 budgeted amounts Is attached. Staff recommends award of all the policies as presented The City will carry an umbrella excess liability policy of $2 million and will not waive the statutory limits established under Minnesota law. The LMCIT requires that the City Council adopt a resolution stipulating whether the City will or will not waive the statutory limits under the law. A resolution to not waive the statutory limits was adopted by Council at the January 10. 2005 council meeting, and will remain in effect until amended. The estimated cost for all policies for 2005 is $163,481 compared to $148,181 for 2004, and $165,108 for 2003. The City will place all coverage with the LMCIT program. Worker Compensation Coverage: The renewal premium quotation for worker compensation insurance reflects a gross initial premium for 2005 of $78,267, compared with the 2004 initial premium of $74,486, an increase of 5 1% The City's experience modification adjustment has gone from a discount of 18 0% to a surcharge of 2 0% The experience modification surcharge less an 8 9% premium discount results in a net initial piemium of $72,723 for 2005, compared to a net initial premium of $55,751 for 2004. The premium increase is the result of an increase in the total payroll, a premium increase of 7.0%, and the unfavorable change in the City’s experience modification, going from an 18.0% discount to a surcharge of 2.0%. March 28. 2005 2005 Liability Insurance Policy and Worker Compensation Insurance Policy Premium Tabulation and Award Recommendations, page 2 Liability Insurance Package Policy and Excess Liability The package policy and excess liability policy premiums total $90,758 for 2005 compared to $92,430 for 2004, and $99,666 for 2003. The decrease from 2004 to 2005 is 1.8%. The premium decrease is due to a savings of $1.700 in the comprehensive property and casualty coverage. Staff recommends the award of the 2005 insurance coverage as presented in the attachment COUNCIL ACTION REQUESTED: Award the 2005 insurance package effective January 1, 2005 to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $72,723; comprehensive municipal property and casualty package, $69,980; umbrella excess liability, $16,699; petrofund reimbursement. $208; open meeting law, $469; boiler and machinery, $2,012; surety bonds, $827 aJid golf course liquor liability, $563. U vWord Par1acrAI»mO'Counoi-AcLo<i't200S'iJnsuranc«Ta& wpd ; 1 I INSURANCE POLICY PR E M I U M T AAPJ-AT ! O N A««f# f ^ iiJ Policy Awarded To: Actual Premiums 2tHI4 Renewal Premiums 2005 l■surallcc Premfums Budget 2005 Worker Compensation LMCIT $55,751 $72,723 $79,010^ Comprehensive Munici^ul LWCIT Property and Casualty: Propert)’$13,704 $14,695 Vehicle Liab/Coll/UM/Equip 15,301 15.727 Inland Marine 2.737 2,857 Crime (ind)--— General Liability 39,932 36.701 Total Comprehensive Municipal Property & Casualty $71,674 $69,98(1 $95,130 Pelrofiind Reimbursement LMCIT 244 208 220 Open Meeting Law LMCIT 510 469 470 Employee Dishonesty Bond L M c n 578 827 900 Boiler LMCIT 1,932 2.012 1,720 Umbrella Excess Liability LMCIT 16,929 16,699 22,110 Liquor Liability for Golf Course LMCIT 563 563 700 TOTAL $148,181 $l63,48i $200,260 # * League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Coapensetlon Plan 145 Univmity Avenut! West St. Paul, MN 55103-2044 Plione (651)215-4173 Information Page /^TTAcHfiiiniT 1. The •City' ORONO. CITY OF PO BOX66 CPVSTAL BAY RENEWAL MN 55323 Agfcemenl No.: 0200036220 is:X City __ Joint Powers Hntity __ Other (desenhe) 2. The Agreement Period is £rom 12:01 a.m. 1/01/2005 to 12.01 a.m 1/01/2006 at the "City's^ address. 3. A. Workers' Couipen.sation Coverage; Part One of the Agreement applies to the Workers' Compensation Law of any stale of the United Slates of America and the District of Columbia. B. Employers Liability Coverage: Part Two of the Agreement applies to work in each slate listed in item 3.A. The limits of our liability under Part 1*wo arc: Bodily Injury^Each Occurrence $I,000,0()t) Bodily Injury by Disease-Agreement Limit $1,0(K),(KK) C. Part Three of the Agreeme^xt applies to Infectious Disease Diagnostic Testing. D. Part Four of the Agreement ap.’ibes to Peace OfTicers' Posttraumatic Stress Syndiome Benefit. E. This Agreement includes these amendineiiis and schedules: 4. Rctro-ranng option selected?Yes X No 5. Elected Officials Covered? Yes Boards and Commissions Covered (List) Nt)NF 6, The premium fox this Agreement will be determined by our Manuals of Rules. Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. • r Premium Basis Estimated Total Amiual Remuneration Rates^ Per $100 of Reiiiuneration Code No. Entries in this item, except as specifically provided elsewhere in this Agreement; Do not modiry any of tlie other pnivisions of the Agreement Estimated Annual Premium SEE ATTA(TIED SCHEDl LE EOR DETAILS Manual Premium 78267. Experience Modification 1.02 1565. Standard Premium 79832. Managed Care Credit OX Deductible Creilit .0 % Agent:4IIH10899 1,454 46 Premium Drsiounl 7109.' 30.S73 A J CJALLAOHER OF MN INC 7K;s WASHINtJTON AVE S STE 3(H» MINNEAPOLIS MN.S54t9- Net Deposit Prrrajum 7Z7Z2. I/13/20Q5 LM 4670(12/99) kl • League of Minnesota Cities Insurance Trust Group Self-Insiir&d Workers' Compensation Plan 14i University Avenue West ilmiriTT' St. Paul. MN 55103-2044 /t T I (651)215-4173 The -City' ORONO, CITY OF P O BOX 66 CRYSTAL BAY Agreement No.: Agreement Penod From: To; 02(KK)36220 1/()1/2(K»5 1/01/2006 MN 55323 CONTINUATION SCHEDULE FOR INFORMATION PAGE INEKATION RATE CODE bESCRlFITON EST. FREM 276164.6.71 5506 STREET CONSTRUCTION 18531. 94034.2.89 7520 WATERWORKS 2718. 1164648.3.86 7720 POLICE 44955. 30155.3.32 7722 POLICE RESERVES 1001. 440489. .58 8810 CLERICAL OFFICE EMPLOYEES NOC 2555. 37887.3.12 8831 ANIMAL CONTROL 1182. 84717.1.64 9060 CLUB-COUN 1 KY/GOLF 1389. 558560.1.05 9410 MUNICIPAL EMPLOYEES 5865. 18200..39 9411 ELECTED OR APPOINTED OFFICIALS Manual Premium 71. 78267. Agent: 4II8I0899 00573 : A J GALLAGHER OF MN INC 7825 WASHINGTON AVE S STE 300 MINNEAPOLIS MN 55439- 1/13/2005 LM 4680(8/99) itmot DA I K: Marili 24,2(H)5 ITEMING: REQUEST FOR COUNCIL ACTION cniiM/*'' “'"rTifgG MAR I a 2005 CITY OF ORONO Dcparlmcnl Approval: Name Ronald J. Moorsc Tidr City Adininislnitor Admioistrator Reviewed: Agenda Section: City Administrulot's Report Item Description: Purchase Agreement fdf the Acquisition of the Big Island Veterans Camp Property With the support of the Lake Minnetonka Conser\ ation District and the Minnehaha Creek Watershed District, and the assistance of the City’s legislative delegation, the City has been working toward the acquisition ol the 56 acre Veterans Camp property on Big Island, to prc.scr\'c this unique historic and natural site for the long term benefit of (he general public. Die (’ity has negotiated a purchase agreement with the Big Island Veterans Camp Board of (Jovernors. The purchase agreement reflects a cost for the land of $5,700,000. Tlie City is working to obtain funding of $3,000,000 from the State, through the 2005 bonding bill. The purchase agreement is contingent on the City receiving the State funding. The remainder of the cost will be paid from City funds. Appro.ximately $1,500,000 of the City funding will involve the u.se of the proceeds from the sale of two City properties to Mn/DO'f for right-of-way needs for the Highway 12 project. Nearly $1,100,000 of these proceeds is currently in u segregated fund that can only be used to maintain a large parcel of property that was donated to the City for use as parkland. I he donor of this property has agreed to release these funds from the segregated fund, to enable them to be used for the acquisition of the Vets Camp property, fhe remainder of the City funding is planned to be provided from the City's Community Investment fund. This Lund was put in place to provide a .source of funding for unique opportunities such as the acquisition of the Vets Camp property. I'he purchase agreement is attached fur Council consideration. COUNCIL ACTION REQUESTED Motion to approve the purcha.se agreement for the acquisition of the Big Island Veterans Camp property, and to autliorizc the Mayor and City Administrator to sign the agreement. PlJRCilASf: ACJREEMENT RELATING TO PROPERTY IN ORONO, MINNESOTA Effective Date: March___, 2005 I. Parties. Tlic parties to this Purchase Agreement arc: (a) Big Island Veterans Camp - Lake Minnetonka, a Minnesota non profit corporation, whose address is State Veterans Scr\ icc, 20 - 12“’ Street, 3'“ Floor, Roon 207, St. Paul, MN 55155, Attention: Dean Ascheman (the "Seller"); and (b) File City of Orono 2750 Kelley Parkway, P.O. Bo.x 66, Crystal Bay, MN 55323, Attention; Ronald J. Moorse, City Administrator (the "Buyer"). I'his Agreement sometimes refers to Seller ami Buyer individually as a "Parly" and collectivelv as the "Parlies". 2. Properly. I he real property that is the subject of this Agreement is located on Big Island in the City of Orono, Minnesota, as nn*re particularly described and depicted on the three (3) attached Hennepin County Property Information Search Reports relating to the parcels bearing Property l a-x ID numbers 23-117-23-21-0001, 23-117-23- 22-0001, and 14-117-23-34-0001, which are attached as. respectively F'xhibits A-1, A-2, and A-3 hereto (the "Property"). The tenn "Property", as used in this Agreement shall include all hereditaments and appurtenances to the Property. Purchase an«l Sale. Seller agrees to sell the Property to Buyer pursuant to (he terms of this Agreement, and Buyer agrees to purch;ise the Propert\ from Seller pursuant t(» the terms of this Agreement. •I- Purchase Price. The total purchase price to be paid by the Buyer for the property is Five Million Seven lliindted lliousand and No/100 Dollars ($5,700,000.00). The purchase price shall be paid as folh»ws: (a) $50,000.00 earne.st money, the receipt of which is acknowledged. Tlie earnest money shall be non-refundable. e.xcept lor failure of the condiii<*ns precedent .set out in Section 15. failure ol Seller to deliv er marketable title, i;ilU''ltUIU 752031 or failure of the Seller to fulfill the temis and eonditions of this Purchase Agreement. (b) I hc remainder of the purchase price, subject to usual closing adjustments, shall be paid via wire transfer at closing. 5. Convcvapce Terms. Upon Buyer ’s full performance of Buyer ’s obligations under this Agreement, Seller shall deliver a Limited Warranty Deed (the "Deed") to Buyer conveying fee title to the property to Buyer subject only to: (a) Building, zoning and subdivision statutes, laws, ordinances and regulations; (b) Reser\ ations of minerals or of mineral rights in fa^■or of the State of Minnesota, if any; (c) The lien of real estate taxes not yet due and payable; and (d) Matters disclosed by Evidence of Title and waived, or deemed waived by Buyer; (hereinafter, collectively, the "Permitted Encumbrances"). 6. Possession. Upon Buyer's full performance of Buyer's obligations under this Agreement, but no earlier than the Closing (defined below) Seller shall deli\ er possession of the Property to Buyer. Seller shaft remov e all personal property’ and debris from the Property prior to delivery' of possession to Buyer. 7. Closing. 'I he Parties shall meet at Hinshaw & Culbertson LLP, 3100 Campbell Mithun Tower, 222 South Ninth Street, Minneapolis, Minnesota, or at such place agreed upon by the Parties to complete the sale and purchase of the Property’ (the “Closing”) on or before, July 31, 2006, but in no event later tlian ninety (90) days after the funding described in Section 15 of this Agreement is obtained by Buyer (the "Closing Date"). At Closing: (a) Seller shall: (i) Subject to the provisions of Section 9, execute andor deliver to the closing agent, w ith copies to Buyer, and make arrangements to have the closing agent record or file in the appropriate county land records any documents necessary to establish the marketability of Seller's title to the Property, subject to Permitted Encumbrances; I21107I6UIO ?5203l (ii) Itxcciilc anti ticlivcr to Htivcr tl»c Deed deserihed in Section 5 above; (iii) lixeeiite and deliver to Buyer and the closing agent such other fomis and ailuiavits as are customarily rei|uired; (iv) Fay one-haliorthc closing agent’s Ice to conduct and ensure the closing ol this transaction. Buver shall: (i) Tender tlie Furcha.se I'ricc to Seller pursuant to the provisions of Section 4 above; (ii) Pay the preiniuin for Buyer's owner ’s policy of title insurance; (iii) Fay one-half of the closing agetit's fee to conduct and insure the closing cf this transaction; and (iv) I'xecute and deliver such conveyance forms and anidavils as the closing agent may reasonably reouire. 8. Kvidency of Title. Within thirty (30) days of the l•ffeclive Date of this agreement. Seller shall deliver a commitment for title insurance or an abstract of title, currently certifietl. covering the Property ("Evidence of Title”) to the Buyer. Buyer shall secure a commitment for title insurance from Title One Commercial. Inc., as agent for Tidelitv National Title Insurance (,'ompany. 9. Examination of Tillc. Within si.xty (60) days ol Buyer’s receipt of the Fividcncc of Title. Buyer may give Seller written notice of defcct(s) in the marketability of Seller’s actual and record title to the Property (the "Objcction.s") and request that Seller make Seller’s title marketable. The Permitted laicumbrances may not serxe as a basis for an Objection. Buyer’s failure to object to defects in the marketability of Seller's title to tlie Property, in writing, witliin the time perit»d set forth abo\e. shall be ileemeil a waiver of Buyer’s right to make any Objections. If Buyer notifies Seller t»f Objections w ithin the time period set forth ab(>ve. Seller shall have the right, but not the obligatiim to cure any such objection. If Seller elects to cure. Seller shall have up to sixty (60) tlays from .Seller's receipt of Biner’s Objections to cure and. if necessaiy. the Date of closing shall be re.scheduled accordingly. If Seller cures Biw cr's Title Objections w ithin the sixty da\ period. Seller shall notily Buyer, in writing, and the Parlies shall close pursuant to the teims of the Agreement. The new Closing .shall be the date fifteen (15) days from the i;iio7i6Uio 'A I f J in Section 5 above; It such other forms atul ensure the e (m)\ isions t>f e msurance; and insure ttic ffidaxits as Uie \ c Hate of this ibstract of title. Ui\er. Hu\er sitall le.. as aiient for date Seller nolilles Buyer that the I itic Objection has been or the Objeetions have been cured. If Seller is unable or unwilling to cure such Title Objections withiti said sixty day period. Buyer, within 30 days alter such 00-day period, shall have the option of either terminating this Agreement or notilying Seller that Buyer waives Buyer's <»bjections. II Buyer waives Buyer's Objections, the matters giving rise to such Objections shall be deemed a Perniitled Bneumbrance and the Parties shall fully perforin their obligations under this Agreement without any adjustment to the Purchase Price. I he Parlies shall establish a new Closing, by mutual agreement, but il the Parties catmol establish a new ’ Closing by muttial agreement, the Ch»sing, shall be the date lilteen (l.‘') days from the effective date of Buyer's notice to Seller that Buyer waives Buyer's Objections. 10. Heal F.xtair 'luxes and .S|u‘cial Assessineiils . The Parlies shall pay the real estate taxes (whieh term, as used in this Agreement, shall include service charges assessed against real properly on an annual basis pursuant to Minttesota Statutes 429.101) and special assessments as follows; (a) At or bel'orc the Closing. Seller shall pay the real estate taxes and any penalties and interest thereon due and payable with respect to tlie Property and all years prior to the year in which Closing occurs; (b) Real estate taxes and special assessments due and pay able in the year of closing shall be pro-rated between the Seller and Buyer on a calendar year basis as of the date of Closing, except Buyer shall be solely re sponsible for the payment of all .special assessments w hich are levied after rhe execution of this Agreement; receipt of the the marketability 1 request that Seller .crx c as a basis lor f Seller’s title to deemed a waix er jeetions w ithin the ration to cure anv «r I) days from • of closing, shall thin the sixty day ■•ursuant to the I da\s from the (c) Buyer .shall pay all real estate taxes and special asscs.smcnts due and payable in the years Idllow ing the year in which the Closing occurs, and .special assessments which become pending after Closing. II. .Seller’s Renreseniatiotis. Seller makes the following representations to Buver: To Seller's actual know ledge w ithout iiu|uiry, w ater wells, if any. as that term is defined in Minnesota Statutes. Section l().TI.0lt.S, subd. 21, located on the Property are describcil on a Minnesota Well I)isch*sure .Statement separately delivered to Buyer contemporaneously herew ith; Compensation Liability Act of 1980, as amended, 43 U.S. 9601, e/ seq.. National Lnvironmental Policy Act, as amended, the Minnesota Environmental Response and Liability Act, Minn. Staf. 115B or the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 1 ISC and all other icdcral, state and local laws, regulations, ordinances or rulings relating to pollution or protection of the environment, including. \\ ithout limitation, laws relating to emissions, discharges, releases or threatened releases of industrial, to.xic or hazardous substances or wastes or other pollutants, contaminants, petroleum products or chemicals (collectively, "I lazardous Materials") into the environment (including without limitation, ambient air, surface water, ground water, land surface or subsurface strata) or othenvise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of I ia/.ardous Materials (the "Environmental Laws") E.xeept for breaches of the warranties and representations in Section 11, if any. Buyer waives, releases, covenants not to sue and forever discharges Seller, its olTiccrs, directt)rs, contractors, employees and agents and other persons acting on behalf of Seller, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which Buyer now has or which may arise in the future on account of or growing out of or in connection with any physical characteristics or existing condition including, without limitation, subsurface conditions, solid and hazardous wastes, and Hazardous Materials on, under, or related to tlie Property, or any applicable law or regulation. The covenants and agreements of Buyer in this paragraph shall sur\ ive the Closing and consummation of the transactions contemplated in this Agreement. 13. Buyer ’s Representations and Warrantie.s. Buyer hereby represents and warrants to .Seller as follows, which representations and warranties shall sur\ ive the closing: (a) Buyer lias not engaged a real estate broker or other agent to act as Buyer's real estate agent in connection with this transaction; 14. Buyer ’s Inspection and Knvironmcnlal Investiiiation . At all times prior to the Closing, Buyer and its agents shall have the right, upon reasonable notice to .Seller, to go upon the Property to inspect the Property and to detennine the condition of the Property, including specitlcally the presence or absence of hazardous substances, and petroleum products and asbestos in, on. or about the Property. 1 lowever. Buyer may not perform any ground sample testing or any other invasive testing of the Property w ithout 6 I2ll0?l6l%t0 7)20)1 Seller ’s prior written approviil. wliieli approval shall not be tinteasoiiahly wilhlieUI ot delayed, linyer apiees to indemniry and delend Sellei Iroin. and to hold Seller harmless ap.ainsl any and all claims, causes of action or expenses, including aKorncys' ices, relating; to or arising from Huyer's pre.sence on the l’r<*perly prim to the Chrsinj'. Hiiyer aptees to repair any dainape to tlie I'roperly caused by such inspections and to retur.’i the ihoperty to suhstantiidly the same condition as existed prior to Muyer's insfrection. 15. .Siifcial C ’ondiiioiis and < '»iitiin»eiieiy.s . Muyer's ohiipations under this Apreeinent are contingent upon the occurienee of the tollowinp (which c»>ntinpencies may he waived by the Huyer at its .sole discretion); (a) Seller ’s timely perloimanee r)l each or Seller's ohlipations undei this Apreement; (h) Muyer's determination that the representations set forth in Section 1 1 are true, when made, and remain true as of the C'lo.sinp; (c) the re.sults of the Muyer's further environmental investipatioir of the i'roperty do not reveal any material environmental hazards, or if .such hazards are revealed. Seller and Miiyer are unable to reach apreement on remediation; (d) Muyer is able to (»btain f undinp of’a minimum of $ t.OOO.OOO.Ot) from other povernmental apcncies. without restrictions incompatible w ith the city's plans and vision lor a limited park, by the chrsinp riate. Muyer may at any time terminate this I’urchase Apreement for failure of conditions |*rior li* terrainalion c»t the Purchase Apreement for a failure of’llic c(»nditi('ns herein specified. Muyei sli.ifl nolity Selfer of'the failure or failures of the eotufilioiis which it has dctcrmiueif exists. Seffer shaft have sixty ((>()) days tfrereafter to eruleav«>r to temeifv such eotuliiiort laihire or faihrres. firryer shall, at its sole discretion, determine whether the Seller has adeqirately remedietl stteh eonditioir taihire or tailures If tfre Mover determines that such failures are not remedied, then Muyer may tcrmiirale this Purchase Apreenrent. I<». Comirmmilion. Ifa public or private entity with the power ofeminent domain rrthei than Muyer commences condemnation proceedinps apainst ail of any part of (he Pro|H iiy. Seller shall immediately notify Mtiyer. fhe Parties shall lully perform their oblipations under this Ap.reement. w ith no rerhiction in the Purchase Price, and Seller shall assipii to Muyei. at the Closiitp.. all »»f Seller's ripht. title and micresi in any award inaile or to be ma»le in the eondemnalion ptoceedinps. l Acept if Mu>er is the c. ridcmniiip authorit\. Seller shall not tiesipnate counsel, appear or otherwise act with respect li> any such condemnatimi pioeeeihnps without Muyer's prior written consent, such consent not to be unreasonably withheld, unless Muyer fails to respond within se\eri (7) rlays to a request for such written consent. 17. IHJiiuljl If either Party defaults in the pertonuance of any of (he Party's oblipatimis under (his .Apreement. the non detaultinp Party may suspend performance of its oblipaiimis iiiuler this Apreement. and seek such remedies as may be available at law or in eipiity. All remedies provided for herein shall be cumulative. l2ll9^l(t«IPruoi| i 18. Time. Time i.s of the e.sscnce for all provisions of this Agreement. 19. Survival of Terms, fhe Parties' obligations under this Agreement and the representations and warranties which the Parties have recited in this Agreement shall survive Seller's delivery of a deed to Buyer and the closing of this transaction, subject only to the specific limitations set forth in this Agreement. 20. Noiices. All notices provided for in this Agreement shall be in writing. The notiec shall be effective as of the date the Party sending such notice deposits the notice with the Untied Stales Postal Ser\ icc will) all nccessaiy postage paid, for delivery to the other Party via certified mail, return receipt requested, at the address set forth in Section I above. If a Party delivers a notice provided for in this Agreement in a diff erent manner than described in the preceding sentence, notice shall be effective as of the date the other party actually receives the notice The Part)' sending the notice shall also mail a copy of the notice to the Parties' respective attorneys via first class United Slates mail at the addresses set forth below: Attorney for Buyer:Rolfe A. Worden Hinshaw & Culbertson I J.P 3100 Campbell Mitnun Tower 222 South Ninth Street Minneapolis, MN 55402 Telephone: (61 2) 334-25 1 6 Facsimile: (612) 334-8888 F-Mail: rv\ordcnC«;hinshawlaw.com Attorney for Seller:James R. Casserly Krass Monroe, P.A. 8000 Nomian Center Drive, Sle. 1000 Minneapolis, MN 55437-1178 felephone: (952) 885-5999 l aesimile: (952) 885-5969 21. Full Agreement. I’he Parties acknowledge that this Agreement represents the full and complete agreement oflhe Parties relating to the purchase and sale t)fthe Property and all matters related to the purchase and sale of the Property. Phis Agreement supersedes and replaces any prior agreements, either oral or written, and any amendments or modifications to this Agreement must be in writing and executed by both Parties to be effective. Uri07l6UI0 7520)1 22. Covgrning l.aw . This Agreement has been made under the laws of the State o!'Minnesota and such laws shall conUol its interpretation. Dated;, 2005 Dated:.2005 I Mf*' i'. k I i k. Big Island Veterans Camp - Lake Minnetonka SELI.KR City of Orono Its And BUYER I2n07|6l«l0 7t}01l f 4 EXHIBIT A-1 EXHIBIT A-3 EXHIBIT A-2 A-2 UII07I6UI0 7^2011 1 1 » * i - ORONO POLICE DEPARI MEM REQUEST FOR COUNCIL ACTION MAH i 8 2005 Cl I Y OK OHUtMO Date: 03/28/05 Item No: Department Approval: Name: Kurt Erickson Administrator Rc\ iewed:Agenda Section Item Description: Automatic Electronic Defibrillator Grant Application Exhibits: DISCUSSION: The police department has become aware that Center Point Energy offers grants to local communities for 50% funding, up to $3,000, of certain items. One of the items they will fund is Automatic Electronic Defibrillators (AED). The current AED’s the police department carries arc getting old and require increasing maintenance. One was just sent in for a $200 repair. Batteries are being replaced that arc costing $400 each. The current units do not allow for use on children. There are units of a new generation that arc now usable in pediatric cases. The newer units offer a full automatic feature vs. the semi auto function of the old units. The new units tu ’e initially covered under warranty and require less maintenance. Replacement of the current units was not planned due to cost but upon finding out about the 50% grant funding and current trade in value it is felt that w e should take advantage of this possible funding source to meet w hat in fact is a need of the department. 1 he price of a new unit is $2,495. If we were to buy 3 units the cost is $7,485. If Center Point is to aw'ard us with the $3,000 match the cost drops to $4,485. Cardiac Science offers a trade in of $2,400 for three retired units ($800 per unit). Our anticipated cost would be $2,085. The Cardiac Science unit is approved by the North Memorial Medical Director that coordinates standards for area first re.sponders. Given the opportunity to replace three out dated units with new units costing $7,485 for only 52,085 (savings of $5,400) it is felt this is an opportunity to .save a substantial amount on needed equipment and therefore wc should proceed to apply for the grant and purchase the units if the grant is appro\eil. i ’’.T” f » r - rODNni. ACTION RROIIFSTRD: Molioii lo approve pursuing the Center Point Energy grant lor the purehusc oi three AED’s and to purchase three (,'ardiac Science AI:D’s at the retail cost of $2,495 per unit, less trade in value, if the Center Point Energy Grant is awarded. ---- . I . REQUEST FOR COUNCIL AC I ION MAK d 6 2005 DA'I E: March 24,4t)T)V^ OHQ no ITEM NO: / 9 Department Approval:Administrator Reviewed:Agenda Section: Name LiiiVcc Naim- t Licenses Title ('ily Clerk / Item Description:/ List of Licenses for C'ouncil Approval SPECIAL EVENT 1. Applicant; Gear West Fvcnl: April Fools Race - 5 Kilometer Fool Race location: Start and finish at Holbrook Park, Long Lake. To cover Brown Road. Fox Street, Willow Drive, Grand Avenue and Orchard Lane. Parking for all runners will be at Gear West (1908 West Way/ata Boulevard). Date: April 4,2(K)4 Time: 8:20 a.m. -- 9:30 a.m. t RESIDENTIAL KENNEL LICENSE 2. Don Lindall 666 Tonkawa Road C OUNC IL ACTION REQUESTED: Motion to approve/deiiy the above li.sled licenses. f Iki/^M • fr-r-TIMG m< d 6 2005 : March 24,^()6y'' NO : J9 Agenda Section: Liccnscb )\vn Road. Parking for all i-unncrs CITY OF ORONO SPECIAI. EVENT PERMIT Dale Issued: Dak* Ilf Kveiil: I'iiiie: March 28. 2005 April 3. 2005 0:00 a.m. - 10:00 a m Nairn- Ilf l'i-rMin(s) Anil/iir Orgaiii/.aliiiii Spoiisoriiig this Kvt-iii: Mrian Mc( 'ollni dear West P.O. Box 188 I.oii|: l ake. MN 55356 052-473-0377I'bone: Ty|K* Ilf Kvi-iil: i.oeatlon of Event: April Race - 5 Kilometer Run Raee Stan and finish at Holbrook Park. Long l ake. l o cover Brown Ro.id, l-'o.'c Street. Willow Drive, draiul Avenue and Orchard I aiie. I'arkiiig for all runners will be at dear West (1908 West Way/ata Boulevard). The following docuiiienis are rei|uireil and on file at Ihc ('il.s Ailminisirative Offices: • (’crlifieate of deiieral l.iabihtv Insurance • Route of Race l A cnl • Approval from Orono Police ncpailmcnl • Approval from Orono J^uikling aiul Zoning Department The followini’ ccinclilion^i have been placed on this event: • |{venl ofgam/er to provide trafllc control personnel to direct and assist runners at the following intersections: - Willow Drive and (ilendale • Willow Drive and Watertown Road • Willow Drive and I-ox Street - l ox Street ami (‘ounty Road 146 County Road 146 and Watertown Road • Any citi/en hel|K*rs at road crossings should be provided with a traffic control vest (available at the Orono Police Department at no cluirge). • Compliance with all Ciuiditions of the special event permit issued by the C jty of I ong I ake. • Runners arc not to otistruct traffic. • Final ariangcnicnts for trafllc control will need to be addressed ami communicalcil lo Sergeant Kurt Frickson at ‘>.^2-249-4700 2750 Kelley Paikway* IM) Box 66, ( rystal Hay. MN 5.S32 ^ Phone: 952-249-4600 / F*ax: 952-249-4616/ w\%ax*.ci orono mn u.s ONO ^>'1 CITY OF ORONO SPECIAL EVENT PERMIT T PERMIT By acceptance of this special event |K*rmit. ihc permit holder, on behalf of any and all orgam/iitions and private persons granted authority to operate under the special event permit, agrees to indemnify and hold harmless the City ol Orono from all claims ansing from said event. I hc permit holder, all orgam/ations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its oflicers or employees for any damage to person or pro|X‘rty arising from Ihc exercise of privileges granted by this permit and agrees to hold harmlc.ss the (jty of Orono, its employees and oHlcers from any such claim. Blown Road. I'ox Street. Willow^ unners will be at Ciear West (1908 Offices: • 1 he Orono Rulicc Department and its olficers are empowered to revoke this special event permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative ot the |Krmit holder, fhis revocation shall cause the immediate cancellation of the event originally authorized by this permit. Approved al City ( ouiicli meeting on: March 28, 2005 (City Seal) Ronald J. Moorsc, City Administrator assist I unners at the follow ing 4>ntiol vest (available at the ()n»no he City of I ong Lake. ctunmumcated to Seigeant Kurt 2750 Kelley Paikway, P C). Box 66, C rystal Bay. MN 55.^23 Phuiie: 952•249*4600 / Fax: 952-249-46I6 / www.ci.oroii4i.nui us (• 1G!H)0 f tuul AhHDl in %nr 00 117190 1GD9 N f jim Rd spwi'i nxl L 101 431 ’00 304 t nyinuuiiiiu Cunuutting $B01 00 11711K)Sugarvv'MMh (mu.n IM.i1 05 3060 C tm 4"-Ui<) :i(M 1 ngifUMifiny (.imnuMlng $ltt (M)il/OH)II) l*n»| 1 S |/l niitniloring (»fKG’ KiSOO 1 nf».l AVkPl (Uififil in piogirnn M»1i;i<KI 0/0 Mii>wn Rd S Srwn* I'^d 1 tOI 4 i/Mn Mh\1 nginnnnng (!onniilling J.’MO 10 tl/OHI 13/or.iiK 1)1 pl.il 05 1074 1 101 41/Mli 1i)4 1 nyiiiPPiing ('onnnitinu i/.HIMMI 117100 (jppKntdn ^«ntMl 1 101 4u ’m) 104 1 nginpiMing Conniilling 00 117100 /(i16 1M Rd pl.il 0f» 3052 t 101 4 l.'fU) :»04 1 nginitniiny ('on*iiilting $u.i 00 117190 B01 Tnkiiw^lMal05 307J r 101 4;u»no :io4 1 nginiMMiiiy (UitiuuH iig $1.M (K»117190 1260 90 Spfin«»1*1 pljl 05 3075 !: 101 4 11 A) MM 1 nginiipfiny (!r»nniilting $r.'. ti.*1 i;i*M1 1 lirru 1 pn»| psp 3.in fr 101 4.1 1/i) 10 1 1 nginponng l^nt.iimM SMMM)117010 (jHifu il mU) J.in 10 1 101 4 1/110 MM 1 nginpiuing ('.<Mi*«ulling Ml 1171‘MI SloiiP M.iv lolls pl.l1 05 3071 1 40ti 4f1/.1li M)4 1 nginnnnny (’nn*Mil1ino $;> ’O(H)117//0 1 Pind.ilp R«1 iindgp I’I.kii 1/05 1 4/fi 4ao4fi .U)4 1 nginnpnny i'lMinifiting SC1H It ii7/;m N«iv 1 MCI SI A 1 Mil Imp 12/04 t 40/ 4603/ 304 ( nyiiuiaiing ('.uOMiiUng S3G0 00 11r?2J Fo* SI Undgci it»pUH49 1/05 Total BONESTftOO ROSENE A ASSOC.S7V39 03 . r V CITY OF ORONO *Check Detail Register© 03/28/05 8:41 AM Page 2 MARCH 2005 Chech Amt Invoice Comment Paid Chk« 080520 3/28/2005 BUSINESS FORMS & ACCOUNTING E 101-41900-201 Office supplies $388 75 34318 Total BUSINESS FORMS A ACCOUNTING $388 75 Paid Chkif 0C0521 3/28/2005 CATCO PARTS A SERVICE E 101-4JOOO-222 Vehicle Equipment & Paris $566 20 1-30908 Total CATCO PARTS A SERVICE $566 20 P^dChkil)80M^ 3i28A^‘5 CITY OF ORONO PETTY CASH ' G 613-10300 Change Fund $200.00 2005 Total CITY OF ORONO PETTY CASH $200 00 Paid Chk# 080523 ' 1^61X05 DE BAERE, DON E 601 -49400-437 Training A Development Total OE BAERE. DON Paid Chk# 080524 3/28/2005 DELTA DENTAL G 101-21709 Dental Insurance Total DELTA DENTAL $98 82 031505 $98 82 $1.523 80 37220072 $1.523 80 Paid Chk« 080525 3/28/2005 DEPT OF ADM - INTERTECH GROUP E 101-42110-321 Telephone E 101-41900-321 Telephone E 602-49430-321 Telephone E 601-49400-321 Telephone ToUl DEPT OF ADM • INTERTECH GROUP Paid Chkff 0W526 3/26/2005 DEX MEDIO EAST LLC E 6 ■ 3-49830-340 General Advertising Total DEX MEDIO EAST LLC $52 45 W05020601 $52 46 W05020601 $52.46 W05020601 $17.48 W05020601 $174 85 $306 30 24624549000 $306 30 Paid Chk» 080527 ~ :»28/20b5 EMERGENCY AUTOMOTIVE TECH INC E 101-43000-222 Vehicle Equipment 4 Parts $24121 BC021105-3 Tout EMERGENCY AUTOMOTIVE TECH INC $24121 Paid Chkif 080528 3/28/2005 ENGINEERING REPRO SYSTEMS E 101-41900-201 Office supplies $169 34 89175 ToUl ENGINEERING REPRO SYSTEMS Paie Chkif 080529 3/28/2005 ESCHEION E 101-42260-321 Telephone PaidChke 080530 G 101-20200 G 101-20200 G 101-20200 G 101-20200 G 101-20200 G 101-20200 G 101-20200 Total ESCHELON 3/242005 EXCELSIORFIRE DISTRICT Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Total EXCELSIOR FIRE DISTRICT $169.34 $35163 6425807 $351.63 $172 90 $143 32 $459 25 $935 71 $3.909 51 $4.067 00 $445 59 $10.133 28 2/1405 2/15/05 2/15.05 2/1505 2/1505 2/15/05 2/15/05 L % Paid Chk# 080531 3/28/2005 FIRE MSTRUCflON A RESCUE EDU E 131-42260-437 Training 4 Development $240.00 4347 Total FIRE INSTRUCTION A RESCUE EDU $240 00 AP Checks Truck Parts #424 Charige Fund - GC milcage/waler school Denial 4/2005 phonos service 2/05 phones service 2/05 phones service 2/05 phones service 2/05 D rectory Adv • GC Emegency Lighling #426 plan copies Phono Service - Nav Fire Building Supplies ^tat Service Uniform Supplies Equipment FF Training ktedical E nams Equipment FFI - Ropes & Knots li:. CITY OF ORONO *Check Detail Register© 03/28/05 8 41 AM Page 3 MARCH 2005 Check Amt Invoice Comment I’aui Chk» 080532 3/28/2005 FORT1S BENEFITS G 101-21713 LTD Insurance Total FORTIS BENEFITS $865 64 4019825-1 LTD 4/2005 $865.64 Paid Chk« 080533 3/28/2005 OAK SERVICES E 10143000 226 Ctothing A personal equipment $86 95 1006387832 Uniforms E 60249450 226 Clothing & personal equipment $43471006387832 Uniforms E 613-49030 226 Clothing & personal equipment $602 100638/832 Uniforms E 10143000-221 Equipment Parts A Accosstkios $60 56 1006387832 Shof) Towels E 60149400-226 Clothing A personal equipment $14 49 1006387832 Uniforms E 60149400 226 Clothing A personal equipment $12.69 1006394292 Uniforms E 101-43000 226 Clothing A personal equipment $76.11 1006394292 Uniforms E 602 494S0-226Ctothirrg A personal equipment $36 07 1006394292 Uniforms E 613 49830 226 Clothing A personal equipment $6 02 1006394292 Uniforms E 613.49830 226 Ctothing A personal equipment $6 02 1006400691 Uniforms E 602-49450 226 Clothing A personal equtpmcnl $39 81 1006400691 Uniforms E 601-49400 226 Clothing A personal equipment $13 27 1006400691 Uniforms E 10M3000-226 Clothirrg A personal equipment $7961 1006400691 Uniforms E 101-43000-221 Equipment Parts A Accessories $58 34 1006400691 Shof) Towels E 10M2110-223 Bldg/Grounds Maint. Supplies $154.40 1006407044 mats ToUl OAK SERVICES $695 83 Paid Chke 080534 3/28/2005 GARY'S DIESEL SERVICE INC. E 101-43000-222 Vehicle Equipment & Parts Total GARY'S DIESEL SERVICE INC. $851 95 66495 $851 95 DOT lns|>ect»ons Paid ChkF o^ 3/28/2005 GERRING'S CAR WASH E 101-421 1C'-402 RepairsyMaint Auto Equip Total GERRING'S CAR WASH $8 00 030805 $8 00 Car Wash PaidChkIi 080536 3/28/2005 GRAFIX SHOPPE E 425-4894t»-550 Automotive Equipment Total GRAFIX SHOPPE $1.350 00 40137 $1.350 00 Gra|)hics • Resuce Veh PaidChklt 080537 3/28/2005 GRAINGER E 101-42260-223 Bldg/Grounds Maint Supplies E 101-42260 223 Bldg/Grounds Maint. Supplies E 101-42260 223 Bldg/Grounds Maint Supplies Total GRAINGER $250 11 495-115525-0 I*lug, Receptacle $50 16 495-769501 0 Receptacle $120 32 495-999134-2 Plug. Connector $420 59 Paid('/)ke 080538 3/28/2005 GRAND VIEW LODGE E 101-42110 437 Training & Development Total GRAND VIEW LODGE $27400 $274 00 MAWPCONE MAWP CONF/S DAYAK CRANDALL4/2 l^iid (:hkX 0^539“ 3/28/2005 HENN COUNTY TREAURER / E 314-4 7000-489 Other Miscellaneous Charges E 313-47000-489 Other Miscellaneous Charges F 406 4873f> 489 Other Miscpitaneous Charges t 3114 7000 489 Other Miscellaneous Charges E fi024 ‘450 489 Other Miscellaneous Charges Tout HENN COUNTY TREAURER / $55 50 $48 00 $9 00 $57 00 $253 00 $422 50 March82005 March82005 Mdfch82005 March82005 March82005 spec Asmnt Service Charge spec Asmnt Service Charge spec Asmnt Service Charge spec Asmnt Service Charge spec Asmnt Service Charge Paid Ch>^tr 080540 '3/28/2005 HENNEPIN COUNTY INFOR TECH DPT E 10141«l00 329 Other Communications $81 58 25027172 Total HENNEPIN COUNTY INFOR TECH DPT $8156 Datahaso Access CITY OF ORONO 03/28/05 841AM 4 *Check Detail Register® MARCH 2009 Cheeli Amt Invoice Commenl I ’Ji(j UiKit 1 Sa&2Q0^ HENNEPIN COUNTY SHERIFF E 101 41MK) :wm lail Chmuen $4;>4 M / Total HENNEPINCOUNTYSHERIFF $4?4 J'jkreriiiV 0M545 Wa/^S HEHN«I»IN county TR-TAX PVR SRV Jnil f;hnrgr>!; 2/2(K)'> C 101 41<KM) 201 Ofliro siipplUis Total HENNEPIN COUNTY TR-TAX PYR SRV $114 54 031805 $114 54 04 fniaulUm, 05 huid copy I'ahTChkX 080543' 3/28/2005 LEAGUE Of MN CITIES E 101 41000-201 Olftco supplies Total LEAGUE Of MN CITIES $353 00 2005 00 $353 00 DifOdmy of MN Offidjls PiiMlChKIf 0H0!i44 %2lVJ!i)0b LITTLE FALLS MACHINE. INC E 101 43000 221 LquipmenI Paib A AcumofMin S2G2 11 33012 Plow Paib Total LIHLE FALLS MACHINE. INC i».iMlChka OHOG45 3/2H/200f> E 703 499G0-3G1 Gentjf.il Lubility Inn E 703 4«Kr,0 3G2 Uiiibiona Liabimy Ins ton 4<m:U) 3f*<> nram Shejp Insurann* t 70.1 4‘HM)0 :il»1 (innrrni I i.ibflily Inn L 703 4‘HM»0 301 (Wmmal I i«it>ilily Inn E 703 4'i1?M»0 1f>1 Workm'n < '.<Niip InHiiraiuJi l*M»m Total LMCIT- C/O BERKLEY • STREET AO $2G2 11 LMCIT CAO BERKLEY STREET AD S1B.204 75 18465 S1G.GW00 18405 S^iUK) 184 71 S20H(K) 18472 S400 00 184 73 $30 361 M) M78 $72.f>05 25 UMfip irtinic ujv pint IM/CMC25li17 fiiuniupai excubh Liability/M£L llquof L..»».;tlvlnH/lU:i241 Pntfo I iiruj lnn/MPSl44() i )|HTn Mfp I aw/( )M1 3445 wofKi*in t^Hiip/lsl h.ilf Pnlil ChMI 080M0 3/28/2(K)5 MALLOY MONTAGUE KARNOWSKIA CO I 1014PM)0 .301 Audiliiiu aiul A( (3*0 Snrvif L 101 41000 301 AiMlilino A(.( t*u Smvu ftH Total MALLOY MONTAGUE KARNOWSKI A CO $38 (K) 14f>05 $3.IKK)(K) 14005 $3.0:i8 00 U(Miiil) I xp(«nHf«s Audit Ml pm PnidChlia 080M7 3/28/2005 i 101 42110 437 MAWP Traiiiino A I )«»vftlofNiM*(it Total MAWP $200 00 l)5MAWr $200 00 MAWP IMAIN CONI /S DAY Paid (3ika 080M8 V28/2(H)5 MBC PRESENTATIONS I 013 4<dl30 437 Traiding A D«TV<4o|)(imfit Total MBC PRESENTATIONS $175 IK) 2/2*V05 $175 (K) All (>linl (5nn() Training PatdChKa 080M0 3/28/2005 MEDICA (» 101 15<H)M Nimi I mployno Mnalth lim O 101 217(Mi Himpilali/aliiMi/Mndiriil ln?i C 101 43000 135 (aly linnidil (^(inUitnilHJn O 101 21700 Mu!ipil4i]i/aUu(i/M(Mii(ail Ins <•101 15«K)8 N(inrnii>loyiH«MiMfm!ns <• 101 217(Kt MosiKtali/.ition'Mndical Ins <• 101 217IM) MoniMl.ili/.ilHMwModH^il Ins Total MIUtCA $1,175 12 105001102552 Mndii a High cobra $10 240 07 10f)00l 102552 Mih Iii.i High 4/2IM)5 $374 75 lOfiOOl 102552 Mih Ik .i high 4/2005 $1,760 70 105091122?>85 Modiui low 4/2005 $731 11 105091125488 Modiui Ik?ct 4/2005 Cobra $10.*KI2W 10W)112M88 Modica LIOct 4/2005 $731 11 10*41011.14225 MimIu at snrnti.it 41)5 $2f. 014 85 »*aliir.hl.» OHO'.MI MERCURY WASTE SOLUTIONS, INC I 101 41'NN) 404 ltn|Mits/K1.iinMlklus'(•'(Minils $80 4;.’ ,’tOO'lO lolal MERCURY WASTE SOLUtlONS. INC $80 4,’ ■paltl (:hk» 080'.'. 1 ,»/;'8/;’(H)f. MET COUNCIL ENVIRONMENTAL SER M 101 3lir»10 Mini nllanniHis Mitvrntin ($29 00) 2/2005 (1101 20800 SAC Charges dun loMWCC $2 ‘KK) 00 2/2(H)5 Total MET COUNCIL ENVIRONMENTAi SER $2 871 (H) Tioumscon! Ugf^f Disposal SAC 2/2003 SAC 2/2003 J CITY OF ORONO *Check Detail Register® 03/28/058:41 AM Pago 5 MARCH 2005 Chth Amt Invotc* Co<nm«nl PSiOChk# onOf>r>2 3/28/2005 MCTCOONCtt-eNVIRONMENTALSVCS L 601-49400489 Olhoi Mtscollanoous Chargos 5/3 43 /91»i0l E 60249450-383 MWCC-Cotfcnl Charges 525,338 15 /91938 Total MET COUNCIL ENVIRONMENTAL 8VC8 525.411 58 ValOChk* 080553 3/28/2005 METRO FIRE I 10142260 220 CluUiiiig & personal equipment Total METRO FIRE 51.900 57 200HH 51.900 5/ ‘l^ai?&ht<« 080554 3r28/2005 * MINNEAPOLI8 OXVOEN COMPANY E 10143000-224 Street MamI Maleriats/Supply Total MINNEAPOLI8 OXYGEN COMPANY ‘Pakl CtiM 1380555 3^28)7005 MN DEPT Of REVENUE M 601 -39610 MiscrrllaruNMis Muvunuo (>601 2080<> Due to Govts Statu Sales Tax H 101-34210 General Taxable Salos/Sorvloe R 101-34650 Polico Heporls Total MN DEPT OF REVENUE PntdChliM 080556 3/28/2005 MN/8CIA E 101-42110 433 Muinboisliips & Subscriptions Total MN/8CIA 530 42 R!020'i08:V4 530 42 551 00 2/2005 5346 00 2/2005 510 00 2/2IM)!> 51/00 2/2005 5424 00 518 00 M05-337 518 00 Paid Chka 0«)55r'“ ‘3/28/2005 INC L It1349830-340 Gunotal/Vdvoilising 51/5 00 3/8/05 Total MTD COMMUNICATIONS. INC 51/5 00 VaM Chki 0«)5'S '3/28/;’<505 MUNICIPAL EMERGENCY SERVICES G 101 20200 Accounts I‘ayatile 51.080 00 2442/1 Total MUNICIPAL EMERGENCY SERVICES 51.080 00 7®"Chh# 080559 3/28/2IMI5 NAVARRE CITOO E 101 422tH) 212 MoI(N I uels 8 Luttnuinls E 101 422130-212 Mului Fuels 8 Lubiicants G 101-20200 Accounts Itayabtu G 101 20200 Accounts Payablo G 101 20200 AMXMinls I’ayaMn (» 101 a^Oi'OO Ac.coimK (i 101 VOl’OO At< rMifiln i\iy.it>l«9 (i lOI VOit’OO AcMMintn i’.iyiiNe (j 101 ?0200 Ac(4KjnlH i’.ly.iNo 0 101-20200 Accuuiits I’uyabie 0 101 20200 AttounlRi*ny.iWf! C; 10 1 20200 Af ro« ints I *«iy.nMn i; 101 202CK) AuxMinln i»iiyiiWf» O 101 ;»02(K) A( aHintfi Piiy.ilikf O 101 20200 AuxHjnta Paiyabie 0 101 20200 AcuxinlsfMyable [!0200 Accounts I *iiynblo Total NAVARRECITOO G 101 2f $2t) 00 $2:1 (H) S:i2 !)0 $29 00 $42 00 $22 00 $32 00 $20 33 $42 IH) $2(> 40 $3/82 $30 75 $4250 $r>8 00 $26 50 $.14 (K) $23 22 $!>48 52 1/20/05 1/l»/05 10/16/04 10/2/04 10/7/04 11/23^4 12/1 //04 4/2.V04 fv 10/04 (W10/04 6/22/04 7/2/04 //21/04 R/11/04 9/1/04 9/11/04 9/21/04 TtaidChTa 080^ 3?5a/;wo5 nextelcommunications E 101 41900321 1olQphor>e C 613 49830 221 Equipment Paris A Arcosscwiwi 6 602 49450-321 Totophone 2004 StrcngUi Ctuiryn Wastewater CtiarQ68 - 4/2005 Uniform Equipment • Nav Fife Cylinder Invoice Sales Tax 2/2005 Sates Tax 2/2005 Sales Tax 2/2005 Sales Tax 2/2005 2005 MNSCIA • Curnick Adv - Amufidim GC Tito bxting I uol - Tuel • Fuel ■ Fuel • Fuot Fuel Fuel Fiwl Fuel Fuel Fuel Fuc4 Fuel Fuf^l Tuel Fuel Fuel Nav T ire Nav File Nav Fiio Nav Fire - Nav Flfo Nav Fire Nav Fire Nav T ire • Nav Fire - Nav Fire - Nav Fire • Nav Fire Nav Fire Nav T ire Nav Tire - N.IV T ire • Niiv Flio $.100 88 .12618042/ 01 cell phmuis $48 41 326180427 01 coU phones $95 54 326180427 01 cellphones CITY OF ORONO *Check Detail Register^) 03/2a/05 8 41AM Pa^jo 6 bV diUkAaiAaLa.. MARCH 2005 Check Amt Invoice Comment r r. E 001 40400 321 Tolophofm Total NEXTEL COMMUNICATIONS $31 HI> $4/0 08 32018042/ 01 t;«llphonns Paid Chka 0B0fi4i1 3/2H/2(K)0 O'SULLIVANS • HOLIDAY 546 E 101 42110 402 Rupairs/MainOAulo Equip $11 /2 2/2000 Total O'SULLIVANS • HOLIDAY 546 $1172 Car Wnslins 2/2005 Pavl ChKa 080'i02 3/2H/2005 O'SULLIVANS HOLIDAY 547 E 101 42110402 Ku|)«iifR/Mainl Auto I quip $240 12 2/2005 Total O'SULLIVANS HOLIDAY 547 $249 12 Ciif Wiinhos . 2/2005 Paid Chka 080Mi3 3/28/2005 OBERAIONER. SCOTT E 101-43000 441 I iconnoH & Taxon Total OBERAIGNER. SCOTT Paid Chk# 080564 3/28/2005 OEFICE DEPOT E 101 411KK) 201 Olfico mjppHos E 101 421 10-201 Offic^y nup|>iion E 101-41900*201 Offici* nupplHfn E 101 421 10*201 Offlui supplifis Total OFFICE DEPOT $191KJ $19 00 $124 44 $124 45 $/8 02 $/0 02 $404 93 31105 Clans A I icunsu 2//<KM)433 OKim Supplinn 2 / /<KM)4 33 ()lfH.« Sup|>ln»s 2/8 ‘m/959 00 oflici? nupplwjs 2/898/959 00 oOiU) supplM^n Paid Chka 0H0fi65 3/28/2005 PHOENIX TECHNOLOGY SOLUTIONS. E 101 42260*401 Nupairn/Mairit Offiai Equip $150 00 SupjM)f1 3/2005 Total PHOENIX TECHNOLOGY SOLUTIONS. i5ild Clikil o'aowj 3/28/2CK)5 PIONEER E 101 41900 352 Pfintifiq A Piihlinhinq E 101 42400*340 Ommal/Vdvmtisiiiq E 101 41900-352 Piiiilmq & Publistunu 0 10120200 AlcouiiIs Payabkj E 10141?KK) 352 PHntina A l»ubtishing Total PIONEER $1f)0 00 $123 /4 $230 84 $/1 64 $266 47 $334 32 $1.02701 021205 021305 021405 12/1/04 31905 2000 MatfMiais Mid A|>()li(^itionn WuUaiid Moratofium Nul of Pioponed Taxon 2005 summary budget Paid Chk# 080567 3/28/2005 PROTECTION ONE E 101 41900 409 OLtlor Mincettaiimiun Cfiaio<r?» Total PROTECTION ONE Paul Cbka^ 080f4>8 3/28/2(H)5 REFLECIO PRODUCIS E 101 42260 221 Lqulpiiient Pails & Aix4*ViOiM»n Total REFLECTO PRODUCTS PaMiUika 080*4>i :i/28/2005 RICKS SUPE RVALUE t 101 42110 221 Lquipi I lent Pails & Aixiissuf MIS I 101 42110 201 OMUji nupption Total RICKS SUPERVALUE Paid Cbkif 0^570 3/28/2005 SAFETY SIGNS F fi02 494*»0 415 Olhm Equipmunl Muiilaln t 101 43IMM) 415 nihm I qulpamnl MontaK Total SAFETY SIGNS F’uid Cfiki 08057 1 :V28/2005 SAMARITAN TIRE CO INC E 101 42110 221 I qutpmont Paris A Ar< rsstwion Total SAMARITAN TIRE CO INC P^^ToaOS72 3/28/2005 SCHARBCR A SONS $179 00 $170.00 $10045 $10045 $25 55 $4 74 $30 29 $104 01 $193 H3 $35/ H4 $318 30 $318 30 031305 2odQtr 2005 moniioiiiig 5012P Equipiiiunt Maikein 106905 3/5/05 pulaiuid ntiii Medical Cluiiges 50139 f>0140 naiiicudes UafTicades 225202 replacemcid lues CITY OF ORONO Check Detail Register© 03/28/05 0 41 AM Page 7 MARCH 2005 Check Amt Invoice Comment L O 101 43(MK) 221 rquipmont Parts & Accossorios E 101 4.U)(K) 221 Enulpmnn! Parts ^ Acmnnorlnn Total SCHARBER A SONS $52 37 $7828 $130.05 2045901 2045922 Tuul filter Oracke! >7ikJ 6ilTb80573 3/2H/2005 SCHWABB INC. r 101 41900 201 Offlro supplios Total SCHWABB INC. $35 73 $35 73 2G3QB1 notary K.AiuJorStKi ‘Patti CtiM 0805/4 3/28/2005 * SKREEN. DALE E 001 4f MOO 437 Traininy & 1^'vetupiimtit Total SKREEN. DALE $4820 $4820 31105 Mileayo • Water SUiuot PautChKe 0IU)575 3/28/2005 STREICHERS r: lot 421)0 221 E()uiprnet)t Parts 8 AccarsHonen $0 00 1246487 amiMii iighi F. 101 42110 220 Cluthiny 8 (Mirsunal equipment $4970 I2515G0 stiiitemblein E 101 42110 220 Clothing 8 p«'iM)nal oqulpmont $53 95 l252G.tr'.uniforms F 101 42110 220 (3()tt)ir)g 8 jMMsonal fH|iilpmnrit $53 20 1253191 lifMsInr E 101 42110 220 ('Jothing 8 jmrsonal nquipmnnt S4H9'N)l.’M1*»2 pistal 8 r.iqhl E 101 42110 220 (3olhm^) 8 iM)rs4Mial fttpiipimml $55 91 I2*.3PM mag c lip E 101 42110 221 Fqiiipmiml P.irtn 8 Actdstumhis $42 33 I2f»42*«)mag pifM.o Total STREICHERS $744 119 Paid Chhif 080570 3/2m2(K)5 SUBURBAN RATE AUTHORITY E 101 41110 433 MntnlMMshlpn 8 Sut)*u:rip|i(Mm $300 (K) 200f» lolal SUBURBAN RATE AUTHORITY $3(K) 00 1st M.ilf .MM)*) M(>mlH*i?*hip f’aid Cf)KJ 080577 3/21^2005 SUBURBAN TIRE • ROCKFORD E 101 430(M) 222 Volmlo I qutpriinra 8 Parts total SUBURBAN TIRE • ROCKFORD $29.3 M) $.*93 *»0 1(M).14271 fim*. H4.*4 Paid CliKJ 080578 3/28/2005 THE METRO CISM TEAM E 101 42110 437 framing 8 t)nvnlc>jminn1 Total THE METRO CISM TEAM $240 (M) $240 (M) (innuittif CISMt 8C f PaiilUiKlf 080579 3/28/2005 TIERNEY BROTHERS INC E 101 42110 240 Small Px)!'. and Mmnr I (jiitp Total TIERNEY BROTHERS INC $181) 38 $181) 38 41)9374 1 1)1.ick r.fm.iKnr mfmttnf f5iid\:iik¥ 0IV0580 ii/2tV2005 TOLL GAS A WELDING SUPPLY t 101 4 3(M)0 .V4 SItool M.iinl $r. H2 4r.‘»244 (^ytlndnr InvoiCO Total TOLL OAS A WEI OINO SUPPLY $5 H2 l>ai0Clik« 0805A1 3/.W;’(K)5 UNIFORMS UNLIMITCO 1 101 42110 .*20 ('lolhing 8 |MMMi«)al •’qiiipmiml $ m; <»()2*)0182 1 nf’rK PijfSoB 1 101 42110 221)Clothing 8 immiMial fHpripmnn!$101 tK)253*>89 iinitiHin Stnnsnid I 101 42110 .VI)Clothing 8 iMMsooal of]uiptm>nl ($101 (HI)2**9.*4«»u shidn tMtt)! Sfnnsriid 1 101 42110 220 ('.lolhing 8 |M«f?MN)al oqiiipmonl $442 0»2*)9835 iinifomvffTMsvr* Srhfi*m|i|i r 101 42110 220 ('lulhiiig 8 |H)i»(M).il f)<)iiipmon1 $M 32 201411 flaHhlighl 8h< ildor ^ S< t>i i*mpp L 101 42110 221 tguipmunt Pads 8 Au.uhhoim*s $T4 19 201429 t)atU)iy ( JiattHM Total UNIFORMS UNLIMITED $608 10 (KUIW .i/;wi^»5 UNl'ir D STATES POSIAl SERVICE E 101 41900 322 I'ustago $150 00 1 2005 INiimil 1 tKi ToUl UNITED STATES POSTAL SERVICE $150 00 i*.tHl(3il<« on0 ’m.t ^2H/;’(K)5 USBA)W-CMMN E 314 47000 G20 f iscal Agent's Fws%$34500 14o!Hi41 2000 (U) Ikttttl r ws mm i . CITY OF ORONO *Check Detail Register© 03/28^5 8 41AM Page 8 MARCH 2005 Checli Amt Invoice Comment E 310 47000 020 Fiscal Agenfs Fees $402 50 1466169 2003 Go Bond Fees E 311 47000 020 Fiscal AgenFs Fees $287 50 1466645 1997 (k) Bond Foes E 315 47000 020 Fiscal Agent's Fees $1.000 00 1469602 2003 HRA fk)nd Fee?; F 312 47000 020 Fiscal Agent's Fees $750 00 1470121 1998 HRA Bond Fees E 313 47000 020 Fiscal Agent's Fees $201 25 1470129 1999 IkxKj Fees ToUl US BANK - CM9SS0 $2,986 25 r’akl Chk« OM504' 3/2^2005 ' VERIZON DIRECTORIES E 013 4<ie.'M) 340 OeniKal Advertising $18 20 38(MK)7VI4M)1 Oirectory Advertising Total VERIZONDIRECTORIES $1820 Paki Chk« 08058b 3/28/2005 WE8T8IDE WHOLE8<iU.E TIRE E 101 43000 222 Vehicle Equipment S l^nrtn $31 33 f»4fi497 Mount Tiro Total WESTSIDE WHOLESALE TIRE $31 33 Paid Chkii 060560 3/28/2005 WESTWOOD PROFESSIONAL SERVICES E 101 43290 800 Special Pfoiocts. Conlinoonty $1.102 50 0502159 Demuth • Refufestation Tout WESTWOOD PROFESSIONAL SERVICES $1,102 50 TTO Chki 08056/ 3/28/2005 WRIOMT HENNEPIN ELECTRIC E 602 49450*361 Gas & Electric $31 59 3113009200 electrical mm vice E 101 43000 361 Gas S Electric $30 90 3113009200 oloctflcol servfco E 101 43fKK) :W1 Gas A Floctrlc $43 21 5015782(K)0 eleririail «;ervice 2/10*3/9/05 Total WRIGHT HENNEPIN ELECTRIC $105 70 hk« 080588 3/28/2005 XCEL ENERGY E 101 42110 381 Gas A Electric $0 00 516985570 1 efectiiclty E 101 4:m)(K) :»Hii Street lighting $1.070 91 516985570 1 elecirldly E 101 452(K) 181 Gas A Electric $22 84 516985570 1 electi icily E 101 4;iooo ;iHi i )as A I lectfic $288 f>4 5169855/0 1 ekH.tricity E 601 49400 381 Gas A Electric $2,633 33 5169655/0 1 electriuty E 101 42110-381 Gas A Electric $480 99 516965570* 1 okictriuty E 602 49450 381 Gas A Electfic $1.41095 516985570*1 clectf icily E 101 4PI00.381 r»as A Electric $1,200 39 516905570-1 eleclfiuly E Oi l 49810 :mi ('»ns A Flectnc $177 58 516985570-1 electricity Total XCEL ENERGY $7,300 53 ii{« 080589 ‘Maf200r" ‘Z>ii4L EQUIPMENT E 101 4RKK)404 RepaIrs/MainI Bldgs/Grounds $1.492 49 122251 Floor Hois! Inspections Tout ZAHL EQUIPMENT $1.492 49 ; 10100 Primary Cuh $1B8.112 47