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04-11-2005 Council Packet
Public A ttendance Meeting Date I^COimCIL □ Planning Commission □ Park Commission □ Other Please nLLOUTTHE information requested BELOW FOR OUR CITY RECORDS.I NAME (please piiat)ADDRESS PRESENT FOR (froni r ;enda) NAME OR NUMBER vlfcPP ______-Z-f?> IiA tkitUN> 4. OfntA 8. ^Leu 6. I ^t<r sr~____^ y O.Sir -r/^QA6o6(3*^ 7. / evre<^ Ct C CvW I I. 9.. 10. 12.. 13. i. ■I'* f' AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 11,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2700 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos residing each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheet ROLL CALL PLEDGE OF ALLEGIANCE **C-CT| CONSENT AGENDA 1. Approve/Aroend ^ J 2005 '^/G APPROVAL OF MINUTES * 2. R^ular Council Meeting of March 28,2005 PARK COMMISSION COMMENTS - Paul Pesek, Representative 3. Recognition of Pat Wolfe, Park Conunissioner and Appointment Process - Resolution PLANNING COMMISSION COMMENTS - Dave Rahn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #04>3010 Ted Capra, 3534 Ivy Place - Variance 5. #05-3081 ZB Construction, 2670 Kelley Parkway (Outlet E, Stonebay) - RPUD - Documoits and Resolution * 6. #05-3085 JulAnn Hair Fashions, 3455 Shoreline Drive - Commercial Site Plan Review - Resolution 7. #05-3092 Matthew Hofibnan, on bduilf of Camelot Construction, Inc., 1225 Dickenson Street - Variance * 8. #05-3093 JeffLindgrenofStreeterand Associates, on behalf of Michael and Berit Francis, 2995 Watertown Road - Conditional Use Permit - Resolution * 9. Joint Use Dock Licenses - Resolutions 10. New Joint Use Dock License - Bohn’s Point Lane - Resolution * II. Marina Licenses MAYOR/COUNCU. REPORT PUBLIC SERVICE DIRECTOR’S REPORT 12. Spates Avenue Lift Station Number 22 Valves Improvement Project CITY ADMINISTRATOR'S REPORT 13. Oolf Course Staffing 14. Expenditure for Air Circulation Improvements for the Long Lake Fire Station CITY ATTORNEY'S REPORT «il tV.* IlnSrSiniiniHiiii r ^ir ♦L' AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 11,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA « 15. LICENSES Special Event * 16.B1LLS UPCOMING ISSUES AND EVENTS 2005 r : r '1 1- A. 04/14 - Council Work Session, Thursday, 5:45 p.m. 04/18 - Planning Conunission Meeting, 6:00 p.m. 04/18 - Mn/DOT InfiMmational 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 Conunission Meeting, 7:00 p.m. 05/04 - Plaiuiing Commission Work Session, Wednesday, 5:30p.m. 05/07 - Spring Cleanup Day, Saturday, 8:00 a.m. - 2:00 p.m. 05/09 > Council Meeting, 7:00 p.m. 05/12 - Council Work Session, Thursday, 5:45p.m. 05/14 - Spring Cleanup Day - Construction Dd>ris 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 S^ion, Thursday, 5:45 p.m. 05/27 • Leaf and Grass Di^sal, Friday, Noon - 3:00 p.m. 05/28 - Leaf and Grass Disposal, SaturdtQf, 9:00 a.m. - 3:00 p.m. 05/30 - HOLIDAY " I . ■ * j..i • 1 .• ' t ) ^ : Vi , - ^ , V i* .*' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o ’clock p.m.^ / ^005 C/T y Q ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council members Jim Murphy, Bob Sansevere, Jim White, and late arrival Lili McMillan; City Attorney Thomas Barrett; Representing staff were. City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:02 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve. * mend Items 12,13,14,16,13, and 19 were added to the Consent Agenda. Item 2 was removed. Mnrphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES 2. Regular Connell Meeting of March 14,2005 White moved, Mnrphy seconded, to approve the Minutes of Mnrch 14,2005, as submitted. VOTE: Ayes 3, Nays 0, Mayor Prterson abstained. PARKO SSION COMMENTS - Michael Hnddy Huddy reported that die Park Commission would be meeting next week to discuss setting up a tax free status Park Foundation able to accept donations on behalf of the City parks. In addition, Huddy stated that the Commission would begin adding park information to the City website to increase awareness and use of the City paries. White suggested the Commission set a fundraising goal that people could donate to for a specific purpose. Sansevere pointed out that the Commission has the leadership of a chair well versed in fundraising and granVaid opportunities. Huddy mentioned diat several new mendiers have voiced interest in campaigning for fundraising dollars for the parks, provided a tax free entity can be set up. PLANNING COMMISSION COMMENTS - Roland Jurgens Jurgens staled that he had nothing to report, but would remain for questions. PUBUCO There were none. fi.’ PAGE 1 of 14 [ ■ * . r - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. ZONING ADMINISTRATOR'S REPORT 3. #04-3066 WILLIAM AND ANITA ROUSE, 4051 mCHWOOD ROAD - REVIEW; REMODEL VS REBUILD STATUS Gaffron explained that the aiqilicant’s entire home was being remod' led with a new half story being added above the newer east wing, when it was determined that the foundation under the west wing was in unacceptable condition and must be replaced. As a result, the extent of the removals along the west lot Hne will exceed the extent anticipated during the variance review, which begs the question whether the project should be considered a rebuild and be required to meet the 1^’ setback. While the Planning Commission spent considerable time discussing as to whether the intended extent of construction should be considered a remodel or rebuild, Gaffron stated that the Planning Commission concluded that the removals did not appear to quite rise to the level of a total rebuild and the variance was granted. Since it is now obvious that the existing foundation of the west wing is virtually worthless and beyond repair, other options must be considered, such as constructing a new foundation within the existing foundation and cantilevering support to the perimeter walls. Gaffron stated that staff stopped the job in order to review the project and reach a conclusion in the timeliest manner for the homeowner. Gaffron noted that, although die 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 redesign at diis time, staff is requesting Council’s confirmation that the project can go ahead as currendy approved. However, if the Council concludes that the house should be redesigned to meet setbacks, and that this is the time to eliminate the nonconformity rather than expand it and give it extended life, then the approvals should be reconsidered. Muiidiy stated that he had been the liaison to the Planning Commission meeting at which time they discus^ this application at great length. Though the rear portion of the home and the perimeter walls stay, Gaffron questioned whether the new rooL removal of the floor, and unusable foundation put them beyond the 50% threshold for rebuild vs. remodel. Mr. Rouse stated dut he had purchased the home in August, and at that time had examined his options, coming to the conclusion that the remodel was his best bet and that the foundation would be repaired as needed. Prior to construction. Rouse explained that he had invited two engineers to the site to evaluate the foundation and make their recommendations, neither of whom had anticipated the condition of the west foundation after demo began. He noted that the wall is 6-10' from the property line at each comer, supports a load bearing wall, and contains a stone chimney which he wished to preserve. Rouse pointed out that the current foundation could be reinforced by tying in with a new structural foundation as one option where replacement is necessary. Murphy stated that if the foundation could be reinforced in the same location, he would continue to view it as a remodel. PAGE 2 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. (3. m-3066 WILUAM AND ANITA ROUSE, 4051HIGHWOOD ROAD, ContinueO) Rouse questioned where it is written what the difference is between a remodel versus a rebuild witiiin ttie City ordinance. Gaffron explained that the Planning Commission had been wrestling with those definitions over the past several years. While Gaffron indicated that the code doesn’t allow expansion of a nonconformancy, admittedly this was a difficult situation that he felt must be presented to the Council for their opinion. Sansevere agreed witit the applicant ’s suggestion that he be allowed to shore up the existing foundation with the assistance of a structural engineer, or be forced to remove 210 s.f to be in compliance. Rouse stated that he would be willing to lose the 'bump* out on the side of the home which at 4.3’ is the closest point to the property line. Murphy agreed, stating that he would not recommend the west wall be completely moved if the applicant could firm it up where it stands. He asked that this be added to the existing resolution. Attorney Barrett stated that this could be added as an amendment to the Resolution. Rouse stated that he would remove the small bump out and repair/rebuild the foundation at that point tying the point into the foundation. Murphy moved, Sansevere seconded, to allow the project to proceed as approved, with the caveat that the 'bump out* be removed on the west wall and that the foundation be replaced under the snpervlilon of a structural engineer and approval by the City Engineer. VOTE: Ayes 4, Nays 0. Council mendrer McMillan arrived at 7:37 p.m. 4. #05-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE - VARIANCE AND CONDITIONAL USE PERMIT Curtis explained that the applicants recently purchased the property and were notified that the retaining walls and hardcover in the lakeshore yard was installed by the previous owner without proper city permits. As it was their intent to do some remodeling including a small addition in the future, they wished to bring the property into compliance. The applicants have provided a revised proposal with removals resulting in 2S% hardcover in the 75-250’ zone and 268 s.f of hardcover in the 0-75’ zone. Curtis indicated that the applicants 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. Curtis stated that staff recommends denial of an after-the-fact hardcover variance for the 0-75’ setirack zone for hardcover in excess of the square footage that would be allowed for a permitted stair access. Staff would also recommend approval of a conditional use permit in order to re-grade the lake yard, including an erosion control plan and timeline for implementation. PAGE 3 of 14 tfilwtirt I 11 W 1^ Aa i sd ....................................IIS a I ^11 I III iH mat SI I u 4' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. (4, m-3074 SEAN AND MEUSSA WAMBOLD, 1379 PARK DRIVE, Continued) Mr. Wambold stated that the neighbor next door was present this evening and had voiced his support for maintaining the retaining walls in an effort to control the excessive erusion which was previously caused by their property to his. Wambold pointed out that he had only recently purchased the property to which the landscaping contributed to the parcel, and was unaware of any problems with the yard until he was contacti^ by the city. He did not anticipate spending an additional $50,000 to remove and relandscape the property when he bought it. Scott Marorz, the landscape architect, inteijected that the removal of the retaining wall and boulders would not be a good solution for ^e lake with regard to erosion and runoff. Steve Sigel, 1399 Park Drive, the next door neighbor stated that if the Wambolds were forced to regrade the slope, a number of large trees would have to be removed, further adding to the erosion problem he faced residing next door to the site. He urged the Council to allow the retaining walls to remain, since they slowed the velocity at which the runoff flowed from their elevation to his property, which was roughly a severe 30-40’ hillside slope. Mayor Peterson asked how long the walls had been in place. Sigel stated that the jnevious owner had spent two years on die project, with the city inspecting it at various phases. He questioned why the City red tagged the property now, only after the new owners have taken possession. Attorney Barrett asked if the new owners were aware that the property had been red tagged. Wambold stated duit he was unaware of the red tag until three days after he had taken possession when the City called him out of the biue after having been contacted by a realtor down the street. Curtis concurred, stating that the City was not aware that the work had been completed by the previous owner until that same realtor contacted them. Vang, the building inspector, had red tagged the work that it not proceed, therefore, nothing was on file at the City. Wambold stated that it was their intent to bring the property into as much compliance as possible, but would like some leniency since some of the walls are necessary to control erosion. Murphy viewed two distiiMt problems, though nothing should exist in the 0-75’ zone, the erosion problems seem to warrant their need so as to cause no further problems for the neighbor. He asked for the City Engineer ’s comments. Engineer Kellogg stated that it was his opinion that ail of the hardcover be removed from the 0-75’ zone except steps. He was unsure whether the mature trees would be removed, but admitted that a great deal of fill would be necessary to obtain the 3:1 slope up to the lake edge. Since the boulders at the top of the path were aesthetic, he recommended they be removed also and that an erosion control plan be submitted. He did not indicate that all of the boulders must be removed. McMillan asked whether the sloped hillside within the boulder retaining walls is landscaped. PAGE 4 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. (4. ms-3974 SEAN AND MBUSSA WAMBOLD, 1379 PARK DRIVE, Continued} Sigel stated that they contain beds of flowers and hostas, as well as mature trees which aid in erosion control. Wambold stated that he was willing to remove any of the unnecessary boulders and keep those that aid in die erosion control for the yard. Sansevere stated that staff should look at the side retaining wall also and make a recommendation. Attorney Barrett suggested that the Council table the application until staff and the City Engineer has an opportunity to review the side wall. White OMved, Sansevere seconded, to table Application 1105-3074,1379 Park Drive, for Bnglaecr review of the side retaining walL VOTE: Ayes 5, Nays 0. *5.005-3075 MITCH AND KIM OLSON, 3275 CARMAN ROAD-VARIANCE- RESOLUTION NO. 5293 Mnrphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5293, a Resolution granting hardcover variances, lake setback variance, and an average lakeshore setback variance for property located at 3275 Carman Road. VOTE: Ayes 4, Nays 0. *6. 005-3077 BARRY AND ROBIN O’ROURKE, 2300 SIXTH AVENUE NORTH VARIANCE - DENIAL RESOLUTION NO. 5294 Mnrphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5294, a Resolution denying the after-the-fact side and rear setback variances for a lean-to horse shelter at 2300 Slith Avenne North. VOTE: Ayes 4, Nays 0. *7.1105-3078 GARY AND LYNN CHRISTENSEN, 3560 IVY PLACE - VARIANCES - RESOLUTION NO. NO. 5295 Mnrphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5295, a Resolatlon allowlag constmetioa of a half story attk addition with a steeper pitched roof in front of the average lakeshore setback, 40* from the eastern OHWL of Lake Minnetonka and 8.25* from the north side lot Hae to the eiistli^ nonconforming home at 3560 Ivy Place. VOTE: Ayes 4, naysO. 8. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST- COMMERCIAL PUD CONCEPT PLAN - RESOLUTION NO. 5296 Though she had nodiing new to add to the application, Gimdlach encouraged the Council to discuss and take action on the Concept Plan Approval Resolution incorporating the recommendations of the past three meetings, as well as Planning Commission recommendations. White indicated that he found the attached resolution satisfactory. PAGE S of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. m: - p k::M (8. 805-3080 INTEMSPACB WEST, 2060 WAYZATA BOULEVARD WEST, Continued) Gina Carlson, of Interspace West, stated that they had met with the neighbors and clarified die proposed heists and addressed their concerns. Philip Carlson, of Interspace West, inquired whether construction of a surmountable curb between this and the neighboring strip mall was mandatory, since he did not know if the other owner would agree to diis as a condition. Oaffron stated diat, although the Fire Marshall would prefer to see a left turn lane into the site constructed, a curb at the location noted would suffice for now if possible since a left Utm lane into the site is unachievable. Murphy indicated that, widi the inqiending turnback of Highway 12, the construction of a left hand turn lane would not be out of die questicm in the future. Jackie Ricks, 2108 Sugarwoods Drive, urged the developer to preserve as many of the large pine trees on the site between die development and the homesites as possible. Evelyn Schommer, 2106 Sugarwoods Drive, die resident direcdy behind the pine trees, was concerned that the removal of the first several rows of large old pine trees would open up her backyard to highway noise, li^ts, and view of the furthest west building. She encouraged the Council to recommend that the developer do their best to preserve these trees. Oaffiron stated that the developer does not know at this point how many trees would be impacted until they get into the project. Schommer explained that die 60’ pine trees were originally planted when the property was an old farmstead. Fiirthennore, she felt preserving more of the trees would also enhance the views from the development’s windows, as well as her own. Sansevere questioned whether the trees had to be removed. Gina Carlaon stated diat some would need to be removed to make room for sewer, grading, and retaining walls. She also stated that they would tala a look at further preservation when doing the survey work and retaining walls. White suggested that an inventory of trees that are present now and an indication of which of those would be removed would be helpful. Murphy encouraged the two sides to continue to talk and keep the lines of communication open. While he agreed that it would be a shame to lose the trees, Sansevere commended the developer and neighbors for working together to address each others concerns. He encouraged the developer to do their best to preserve u many of the trees as possible, though he would understand if the removal of some wu necessary. PAGE 6 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. (8. mS-Sm INTEMSPACE WEST, 2960 WAYZATA BOULEVARD WEST, ContiHued) McMillan pointed out that once the land is cleared and the retaining walls constructed, the landscaping is the first phase of the development. White moved, Murphy seconded, adopting the amended RESOLUTION NO. 5296, as dlKussed regarding page 5, item 3, that a snrmonntable access shall be ‘researched* along the northerly portion of the western property boundary, also granting Concept Plan Approval for the property located at 2060 Wayzata Boulevard for Interspace-West, Inc. VOTE: Ayes 5, Nays 0. 9. #05-3085 JULANN, INC, 3455 SHORELINE DRIVE-COMMERCIAL SITE PLAN REVIEW Oundlach explained that, based on the tack of on-site parking and the existing parking shortage of 2.5 stalls before the addition of flte proposed use, the Planning Commission voted to deny the request for a conmieicial site plan. The applicants have submitted a shared parking space license agreement with the Keaveny property, as a means for acquiring additional parking. Gundlach encouraged the Council to review the ingress and egress agreement currently existing for the site and die shared parking space license agreement, including the Keaveny amendment for access to those spaces, and determine if the site will be negatively impacted by ^e introduction of this new use. In li^t of the serious parking deficiencies at die site, Murphy pointed out that the Planning Commission held a long discussion regarding this application at its last meeting. Sansevere stated diat, if he was the applicant, it would concern him that if the Keavenys terminate the license agreement for any reason he would have to vacate his place of business. He questioned whedier die ^iplicant hilly understood the ramifications of diis agreement to his/her business. Murphy cautioned die Council that here they were once again examining the Navarre area, after having just received a letter from the Planning Commission urging the Council to develop a plan or set of standards for the Navarre area before allowing further piece-meal development. He stated that he mw no reason not to grant approval to proceed, as long as the applicant understood the implications of die license agreement. Attorney Barrett reminded the Council that it is one thing for the applicants to state at this time that they will willingly vacate the premises, than it is for them to actually do so if the circumstances arise. He stated dmt the City should require the applicants to write an occupancy permit with the lessees to this effect. The owner of Liza Jane’s Hair Design, 3445 Shoreline Drive, stated that while maintaining the fact that die mall is already severely short on parking, she questioned where the additional 8 spaces would be placed, iqi or down below. She voiced her concern that, as a street side business, she was paying a premium for street fiontage with limited parking as it was. She asked whether the strip mall owner should be required to add additional spaces iqi top, or at minimum stripe those that do exist. PAGE 7 of 14 1 1' Li&ta. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o'clock p.m. (9. JULANN, INC, 3455 SHOREUNEDRtVE, Continued) Paul Overson, representative and son of Aleck Overson the Mall owner, stated that he could look into the parking issues further. As a transient business clientele, he stated that he would be happy to stripe the lot Gundlach pointed out that the site already has a hardcover issue and she believed the watershed would not allow the installation of additional parking. Murphy stated that he felt they had heard some of these same issues before. The owner of Liza Jane’s questioned why, since both salons’ doors would be located next to one another at the street frontage, would JulAnn’s customers park below when there is an entrance up top. Julie Kieslins indicated that she would be reminding her clients to park below. Leisel Cox, of Minnetonka Mudd coffee shop, voiced her concern with regard to the limited parking as well. Sanseveie stated that, in his opinion, many of the current tenants’ concerns ought to be addressed by the landlord. He indicated that if he were Liza Jane’s Salon, he would be very upset with the landlord allowing a second salon to rent space in the same building. Murphy urged the landlord to stripe the parking lot and clean up the site. Overson promised to do so. Sansevere asked whettwr the laiMll(x*d could designate spots for the various businesses as one alternative. He questioned why any landlord would not strive to keep current tenants happy. Attorney Barrett confirmed that qMces could be designated for each business. Roland Jurgens of the Planning Commission interjected that, if the Keavenys would be willing to grant a parking easement as opposed to a license agreement, the parking issue would be eliminated. White moved, Mnrphy seconded, to direct staff to draft a Resoluttoa approving the Commercial Site Plan with the addition of the attorney’s language that the applicant mast vacate the premises at the time the shared parking space license agreement is terminated, and pay additional legal fees if necessary according to the conditions ontlined within the Occnpancy Permit for the bnsiness to be located at 3455 Shoreline Drive. Approval is also conditioned npon striping the existing parking lot VOTE: Ayes 5, Nays 0. PAGE 8 of 14 ( I i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o ’clock p.m. *10. 005-3090 TIM LATTERNER OF DOCK AND LIFT, INC. ON BEHALF OF JEFF ENGLER, 2760 SHADYWOOD ROAD - CONDITIONAL USE PERMIT > RESOLUTION NO. 5297 Marpliy moved, Saueverc tecoadcd, to adopt RESOLUTION NO. 5297, a ReMluttoa grantiag a CUP to aUow coutructtoa of a permanent piling dock at 2760 Shadywood Road. VOTE: Ayes 4, Nays 0. *11. #05-3096 MINNETONKA PORTABLE DREDGING ON BEHALF OF BEN FAUS, 590 BIG ISLAND - CONDinONAL USE PERMIT - RESOLUTION NO. 5298 Mnrphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5298, a Resolution granting a CUP to allow constmctlon of a permanent piling dock at 550 Big Island. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT Sansevere suggested the City post on its website dut potential property owners are encouraged to check with the City before purchasing a parcel to ensure that there are no stop wwk orders or red flags against the property. Attorney Barrett stated that the City does have an obligation to put notice on the title of a property in violation to forewarn future property owners of the parcel’s violations. Witfi regard to LMCD news, McMillan rep<»ted that Mound had gotten dieir dredging permit denied and that Minnestrista had passed Ordinances for Six Mile Creek limiting access, changing the name to **Six Mile Marsh” and wm working to establish a zoning overlay. PUBUC SERVICE DIRECTOR’S REPORT *12. PUBUC WORKS STEEL TOE BOOTS REIMBURSEMENT POLICY Mnrphy moved, Sansevere seconded, to approve a maximum annual reimbursement of $12S for labile Works personnel to purchase steel toe boots. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT *13. EXPIRING TERMS ON THE PLANNING COMMISSION Murphy moved, Sansevere seconded, to direct staff to contact those Piannlng Commission menibers whose terms are expirtug to determine their interest in serving an additional term on the Planning Commlsalon. VOTE: Ayes 4, Nays 0. PAGE 9 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o ’clock p.m. *14. ADOPTION OF MINNESOTA STATE BUILDING CODE - ORDINANCE NO. 24, THIRD SERIES . n Marphy moved, Saasevere sccoaded, to adopt ORDINANCE NO. 24, THIRD SERIES adoptiag the MlaacMta Bulldiag Code that ihall pcrpetaally include the most current edition of the Miaaesota State BaUdiag Code and optioaal Appendix Chapters relating to fire sprinkler reqalreuMats that are similar to previous codes. VOTE: Ayes 4, Nays 0. IS. AMENDMENT TO VERIZON WATER TOWER LEASE AGREEMENT Sansevere questioned why the City is only getting an additional $2,000 from Verizon, if they arc virtually doubling the number of antennas. Moorse stated diat the City charges a heavier upfront cost to the lessees, and reduced fees for additions. He noted that the City is comparable in its fees to other communities. Saasevere moved. White seconded, approving the amendment to the Verizon lease agreement to allow twelve antennas on the Navarre water tower, and to increase the annual lease rate to $20/100. VOTE: Ayes 5, Nays 0. ' *10. AWARD OF 2005 LIABILITY AND WORKERS COMPENSATION INSURANCE PACKAGE Murphy moved, Sansevere seconded, to award the 200S insurance package effective .laatiary 1,20M to the League of Minnesota Cities Insurance Trust for worker compensated n coverage, $72,723; comprehensive municipal property and casualty package, $69,980; umbrella excess liability, $16,6^ pctrofnnd reimbursement, $208; open meeting law, $469; boiler and machinery, $2,012; snr^ bonds, $827; and golf coarse liquor liability, $S63. VOTE: Ayes 4, Nays 0. 17. PURCHASE AGREEMENT FOR THE ACQUISITION OF THE BIG ISLAND VETERANS CAMP PROPERTY Moorse explained that the City had worked out a final purchase agreement with the Board of Governors, which mcludes a number of contingencies, not the least of which is that of obtaining matching outside funding for the purchase. The purchase price is $5,700,000. The purchase agreement calls for the payment of earnest money in the amount of $50,000 at the time the purchase agreement is signed. Tlie earnest money is refundable if Ok contingencies ate not met. White inquired whether the City had acquired an ALTA Survey which identifies all utilities and other details on the site. Mooise indicated tfwt tfw City had received a survey which delineated the wetlands etc., but would need to check to see what level of detail it provided. it PAGE 10 of 14 .A.. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. (17. PUMCHASE AGREEMENT FOR THE ACQUISITION OF THE BIG ISLAND VETERANS CAMP PROPERTY, CouHnued) Marphy moved, Mayor PcterMO lecoaded, to approve the purchase agreement for the acquisition of the Big Islaad Veterans Camp property, and to authorise the Mayor and City Administrator to sign the agreement. John Gehring, 1687 Concordia Street, stated that his major concern was what the financial implications of this purchase would be to the City, and what further cost impacts there would be to get the camp up to standards. He pointed out that he had voiced many of the same concerns to the Council in previous Council meetings, and since has contacted each of them to obtain their positions regarding the land use. Gehring stated that, as a citizen, it concerned him that there was no clear vision for the purchase of this parcel, in fact, each Council person expressed differing views on how it should be used. McMillan stated that, ti^le each Council member has their own ideas regarding uses, the City has not determined a qiecific use. Gehring maintained that the City has not taken additional expenses into consideration, including attorney fees, caretaker fees, maintenance issues, insurance, garbage, police protection, improvements, trails, and public use - nor where the funds for these added expenses would come from. Gehring stated that, udiile he would be willing to volunteer to work on a group to investigate the costs, he would first urge the Council to estimate costs before they proceed with the purchase agree ment. Gdiring reiterated that he would, at least, like to see a consensus among the Council of how the land should be used, or several proposed scenarios. He offered up his services in the process, <m die condition that die purchase agreement is held off until the costs could be further defined, so that taxpayers were better informed. Aldwugh White agreed widi the draught process that a group of volunteer citizens should be formed to evaluate die land uses, he questioned Gehring ’s motive. Gehring stated duit he was a business person and citizen widi no vested interest. White pointed out that the City could not put together a cost benefit analysis for this project at this point; however, he stated that he had no trepidations moving forward and would not stop the momentum at this time. Gerhing again requested a cost estimate, noting that he objected to paying taxes for something with no objective. White urged Gehring to participate in the process, when the time comes; however, pointed out that they were still in the beginning phases of the acquisition, which may or may not happen yet He reiterated that the camp property is a jewel wordi preserving for perpetuity, and that the Council was confident that diis was a fi^ly prudent move. Sansevere acknowledged that the Council was trying to purchase the property and diat each member had various views of its use at this time. While he indicated that he would like to see a portion put aside for the vets, he didn’t know how much or what portion yet. Sansevere believed PAGE 11 of 14 ir i . L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. (17. PURCHASE AGREEMENT FOR THE ACQUISITION OP THE BIG ISLAND VETERANS CAMP PROPERTY, CoMtinued) that obtaining the parcel was the most important first step, and should be put to rest before the City spends a lot of time deciding what it should do with it Gehring indicated that he believed there should be greater accountability to the tax payers than the opinion diat we think the City should obtain the property at any price. Baaed on his public contact Sansevere pointed out that Gehring had been the only person to step forward to disagree with the direction the City was headed with the property. White maintained that any community would move forward with this purchase, when it is so evident that this is for the community good as a whole, for perpetuity. He argued that this is a once in a lifetiiiK opportunity to save this property and keep it in the public domain as opposed to losing it to development for good. JeffPattison, 4340 North Shore Drive, indicated that he was in attendance as an observer to learn more about die acquisition. Gehring asked to see the true costs broken out now before proceeding. Sansevere stated the City Council works very iiard to keep taxes low, in fact, Orono has one of the lowest tax rates in the state. He maintained dut the purchase was not a frivolous decision by the City and pointed out that past Mayor Jabbour had b^ very diligent in lending his assistance to this matter. Murphy acknowledged that Gehring had many excellent questions which, he pointed out, would be addressed as the City proceeds with the process. He noted that abandoning the purchase to development was a poor option to the city, noting that, at this time, the purchase could even fall apart at the legislature. Murphy stated that he objected to wasting time and taxpayer resources to break out cost details when the City may not be successful in acquiring the property. Gehring asked whether there could be a potential conflict of interest having past Mayor Jabboin: involved in the purchase. While he admitted that this was no small undertaking, Mipphy stated that, as a Council member, he felt authorized to proceed for the greater good. Since the City was unsure of how the process was going to pan out, Murphy stated that they could not answer all of Gehring’s question to his level of satisfiKtion at this time. He reiterated that it was clear to him that virtually everyone, except Gehring, the Council had heard from felt it was very important dut Big Island kept in the public domain. White inteijected that, as with any of the City parks, there arc not always visions for use when they are obtained and there are always costs involv^ with their maintenance. Nevertheless, the City still feels those are worthwhile endnvors, as is this scenario. White reiterated that, once in the public domain, the City would love public input. PAGE 12 of 14 ■’’t \A MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o’clock p.m. 0 7. PVRCHASE AGREEMENT FOR THE ACQUISITION OF THE BIG ISLAND VETERANS CAMP PROPERTY, CoutiHuaO Gehring objected, indicating that this is where the fundamental differences lie between him and the City. He believed the public should have input prior to the purchase of the property; whereas, the City feels die public should not have any involvement until after its purchase. Murphy disagreed, stating diat the City has been forced to act quickly since the market is moving ftster than the bureaucracy can afford to delay. Mayor Peterson took offense to Oehring ’s position diat Jabbour posed a conflict of interest, in fact, she stated diat Mayor Jabbour had been a valuable resource to die City on many occasions. She pointed out that, while Gehring kept belaboring his position that the City has no ‘plan* for the property, he missed the fact that die City views this as a once in a lifetime opportunity to purchase die property for future generations. Having encouraged Gehring to bring others who opposed the City’s position to the Council meeting this evening for a discussion, to which none but Gehring was present, she concluded that few support his position. Gehring reiterated that he’d like to see the City involve more people in the broader process. Mayor Peterson questioned Gehring ’s ultimatum presented eariier that he offer up his involvement only if die City chooses to table the purchase agreement. She invited him to be a part of the process once the agreement has been obtain^ as his views may be valuable to the process. Murphy read into die record die headlines from the Metro State section of a recent newspaper which read ‘New parka may quench thirst for green space’ and urged others to peruse the article. In the article, Murphy pointed out that it would be instructive to understand that die parks crunch is coining and various communities have been charged with preserving space for future generations. This, in his opinion, was exacdy what the Orono City Council was trying to do. McMillan concurred, pointing out that diis is a community investment, involving a unique partnership between ^ City, State, and the veterans. The state recognizes this effort to establish public land while providing a trust fund for the vets, whose fundmg has been severely cut over the years. Once this grant has been obtained at the State level, McMillan indicated that the City would have the opportunity to establish a committee to set up a management plan for the park. She was very optimistic, from what she had been hearing, that this be kept in the public domain. VOTE: Ayss 5, Nays 0. Sansevere thanked Gehring for his input, assuring him that the Council was listening to his comments. *18. AUTOMA'nC ELECTRONIC DEFRraULATOR GRANT APPUCATION Mnrphy moved, SaMcvcre seconded, to approve porsolog the Center Point Energy grant for the pnrchaae of three AED’s and to purchase three Cardiac Science AED’s at the retail cost of n,49S per nnit, less trade In vainc, if the Center Point Energy Grant b awarded. VOTE: Ayes4,NayaO. PAGE 13 of 14 ; -J , i ) i i ! : 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28,2005 7:00 o*clock p.m. crry attorney ’s report Attorney Barrett had nothing to report •If. UCEN8ES J • SPECIAL EVENT PERMIT 1. Applicant GearWeat Event April Fool ’s Race - 5 Kilometer Foot 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 Gear Weat (1908 West Wayzata Boulevard) April 4,200S 8:20 a.nt - 9:30 a.m. Date: Time: RESIDENTIAL h 2. DonLindall 666 Tonkawa Road 9NELUCENSE Murphy ■MvadtSaaaavaresecoMlail, to approve all Lkcascs and Permits. VOTE: Ayes 4, NaysO. •It. BILLS Murphy moved, Saaaevere sacooded, to approve payment of the All Fuads account VOTE: Ayes4,Naysi ADJOURNMENT Murphy moved. Mayor Petersoo seconded, to adUoara the Orono City Council Mectlug of March 28,2005at9:56PJM. VOTE: Ayes5,NaysO. ATTEST: ^ .. .'.V . : Linda S. Vee, City Clok Barbara Peterson, Mayor V ri' '>1- ih: 1 *'♦ f.3‘. Hlf ‘ PAGE 14 of 14 I 5 4 i I A V bntMrt O'A* larnrsm loi * m A 1 1 ■HRs urcniysG REQUEST FOR COUNCIL ACTION APR 1 1 2005 DATE: April 11,2005 ITEM NO.: J Di^rttlMt Approval: Nim0 Or^oiy A. Oip|M TMi Director of Publie Services Adminbtrator Reviewed: Agenda Section: Public Services Director's Report Itea Description: Recognition of Pat Wolie Park Commissioner - Resolution Park Commissioner Pat Wolfe has resigned from the Park Commission effective after the March ting. Pat has been on the Paric Commission since March 2001.M - -1 • 1 I The Staff I fbrhisc ' ► I tlM.-il-*lation is fi>r Council qiproval ofthe attached resolution recognizing Pat Wolfe i service on the Park Commission. The staffreconunendation is for Council acceptance of the resignation and to authorize initiating a process to fill the vacancy on the Park Commission COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution recognizing Pat Wolfe for his dedicated service on the Park Commission. Motion to accept resignation of Pat Wolfe from the Park Commission and to authorize initiating a process to fill die Park Commission vacancy . b V li" a I #1 i-. I A RESOLUTION OF APPRECIATION TO PAT WOLFE FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PARKS, OPEN SPACE, AND TRAILS COMMISSION RESOLUTION NO. WHEREAS, Pat Wolfe has served this community with distinction during his four years as a member of the Parks, Open Space, and Trails Commission; and WHEREAS, his years of service have been marked by exemplary dedication to the best interests of the community; and .1' ISi WHEREAS, he has earned the admiration and high regard of those with whom he has worked; and WHEREAS, the performance of his duties and responsibilities as a member of the Parks, Open Space, and Trails Commission has been characterized by excellent and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks . > Pat Wolfe for his distinguish^ service to the conununity and does also highly commend him for the manner in udiich he has carried out his duties and reqwnsibilities. BE IT FURTHER RESOLVED, that the City Council extends to him best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 11th day of April, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor *■ ‘T” t! /%rs* • :*rr»HG Date Applkatloa Received: 4*21*04 ./-pqnO Date AppIkatioB CoatMered as Coaiplete: 6-WM j >| O'r 60-Day Review Period Eipires: 8-S4M eiteaded to 10-7-M eitendcd to 12-6-04 eitcaded to 2-4-05 exteaded to 4- S-OSexteaded to 6-4-05 REQUEST FOR COUNCIL ACTION Date: April?,2005 Item No.: ^ Departneat Approval:Administrator Approval: Name: Janice GundlachJ^ TMe: City Planner Agenda Section: Zoning Item Description: #04-3010, Theodore L. Capra, 3534 Ivy Place - Variance Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District QA acre min.) 0.50 acres (21,926 s.f.) 104 feet @ Shoreline; 101 feet @ 75’ Setback List of Exhibits A - Notice of PC Action dated 3-22-05 B - Draft PC Minutes of 3-21-05 PC Meeting C - PC Memo and Exhibits of 3-17-05 Apf^toMoH Smuimry: Applicant requests die following in order to remodel the existing structure and to add an attach^ garage and mud room: 1. Hardcover variance to permit 32.5% hardcover within the 75*-250* zone where 25% is normally allowed and 49.5% currently exists. 2. Hardcover variance to permit 4.4% hardcover within the 0-75* zone where 0% is normally allowed and 4.4% currently exists. Background: This applicant appeared before the Planning Commission in June and August of 2004 and also the City Council in November of 2004 attempting to gain approval of a hardcover variance for the 7S*-250* zone on a rebuild proposal. The applicant repeatedly was denied at which point the applicant met with staff to discuss an addition/remodel proposal, which was review^ by the Planning Commission on 3-21-05. Planning Comminion Recommendation The Planning Commission voted 4-2 to approve the requested hardcover variance for the 75*-250* zone stipulating additional hardcover removals so as to reach 30% hardcover and also engineer confirmation that the existing foundation is sufficient to support the proposed improvements. The Planning Commission recommended to deny the hardcover variance for the 0-75* zone to permit 4.4% hardcover when 0% is normally allowed. The ^plicant may choose to keep the existing stone 6: i‘ ‘f"-’MM _ V. ., V . ;V h: Lfp k path between tiie contours 944 and die lake as a means for lake access or an alternative stairway or odier pennitted lake access could be approved at die time of building permit The two dissenting Commissioners felt that the application should be held to the standards of a rebuild (i.e. no more than 2S% hardcover), and should not be treated as an addition/remodel. Staff Recommmidation The following staff recommendation is two-fold depending on whether the application is reviewed as an addition/remodel or a rebuild: lA (if it is an addition/remodel). Approval of a hardcover variance for the 7S ’-2S0* zone stipulating additional hardcover removals as shown on Exhibit F and engineer confirmation th^ the existing foundation is sufficient to siqiport the proposed improvements. 2A. Denial of a hardcover variance to permit 4.4% hardcover, as shown, within the 0-75 ’ zone. The qifdicant should be required to remove the lakeside shed and small wall, the retaining wall dong the southern property line and the stone path (the hardcover labeled as “rock wall ” in hardcover calculations is not considered hardcover but rather rip-rap and will be permitted to remain). The applicant may choose to keep the existing stone path between contours 944 and the lake as a means for lake access. An alternative stairway or other access (between the 944 contours and lake) may be approved at the time of building permit. IB (if it is a rebuild). Should the Council find that the level of work proposed constitutes review as a rebuild rather than an addition/remodei; staff would recommend that no hardcover variance be granted for the 75 ’-250’ zone. 2B. Should the Council find that the level of work proposed constitutes review as a rebuild rather than an addition/remodel, staff would maintain the existing recommendation noted in 2A above for the 0-75 ’ variance request. Based on previous similar applications, staff has provided the following additional information to better aid in determining whether the proposal reaches the level of a rebuild or addition/remodel; • Square footage existing bouse ^ 1,091 s.f. (1** story to remain, second story >vill be rebuilt) • Square footage new garage/mud room ™ 1,543 s.f. (1** story consists of 3-car garage, mud room, and study; 2"^ story consists of storage above garage, bathroom and closet) • Square footage existing detached garage to be removed « 440 s.f. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving the request: 1) as recommended by the Planning Commission, 2) including additional restrictions, 3) some other revision not yet menti<• I Or, Deny the request ■ n, .'.h I-,/ ,*v. ■'■“'•neo ■/»; s- ^ iia< ■ nitJia iiIrTthuftt k: fi i CTTYOFORONO 2750 Kelley Parkway P.O. Box 66 Cryftal Bay, MN 55323 (952) 249-4600 ZONING FILE: 04-3010 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 22.2005 TO: Theodore L. Capra 2849110*^ Avenue ME Blaine, MN 55449 COPIES:Alexander Design Group Kathy Alexander 401 East Lake Street Wayzata, MN 55391 TYPE OF APPLICATION:0-75’ & 75’-250’ Hardcover Variance DATE OF MEETING: March 21.2005 Planalag Commission recommended as follows: Approval of a hardcover variance for the 75’-250’ zone stipulating additional hardcover removals as shown on Exhibit F, to the extent of reaching 30% within the 75’-250’ zone, and engineer confirmation that the existing foundation is sufficient to support the proposed improvements. Denial of a hardcover variance to permit 4.4% hardcover within the 0-75’ zone. The i^>plicant will be required to remove the lakeside shed and small wall, the retaining wall along the southern property line and the stone path (the hardcover labeled as “rock wall’’ in hardcover calculations is not considered haidcover but rather rip-rap and will be permitted to remain). The applicant may choose to keep the existing stone path between contours 944 and the lake as a means for lake access. An alternative stairway or other access (between the 944 contours and lake) may be approved at the time of building permit. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: CUy CoHicll - 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. ! ? I i 1 4 biMi.li M OLi> BUSINESS #04-3010 THEODORE CAPRA, 3S34 IVY PLACE, VAMANCE, 6:02 - 6:37 p.ni. Ted Capra, Applicant, and Kathy Alexander, Architect, were present. Oundlach stated the applicant appeared before the Planning Commission at the June and August 2004 meetings with slightly different proposals, both requiring hardcover variances. The Planning Commission recommended denial of both requests. At the last City Council meeting the Council directed the applicant to redesign his plan. At the present time the Applicant is proposing what he considers to be an addition/remodel as opposed to a rebuild. The applicant is proposing to remodel the existing structure and add an attached garage and mudroom. The applicant is requesting a hardcover variance to allow 32.S percent hardcover within the 7S*-2S0 ’ zone where 25 percent is normally allowed and 49.5 percent currently exists, and a hardcover variance to permit 4.4 percent hardcover within the 0-75 ’ zone where 0 percent is normally allowed and 4.4 percent currently exists. The improvements include the following: 1. 2. 3. Existing footprint and first floor rooms remain. All existing outer vralls remain. Existing second story to be removed including floors/flrst story ceiling to accommodate higher ceilings (existing ceilings are less than 8 foet). New second floor with three bedrooms and two bathrooms. Gundlach stated the applicant has been made aware of the City’s policy regarding an addition/remodel versus a rebuild. Oundlach indicated the main issue for the Planning Commission to decide tonight is whether this would be considered an addition/remodel or a rebuild. The applicant is proposing that the gravel driveway be tradable for other hardcover. Total new structural coverage is 1,050 square feet with a reduction in non-structural hardcover. Staff finds that no hardcover should be allowed within the 0-75 ’ zone, with the exception of the necessary hardcover for an access to the lake. Staff recommends that all hardcover within the 0-75 ’ 1 zone be removed. If the Planning Commission considers this a rebuild, the applicant should be held to the 2S percent hardcover within the 7S’*2S0' zone and 0 percent within the 0-7S* zone. Oundlach noted a letter has been distributed to the Planning Commission regarding the foundation of this residence, which indicates that a further review is necessary in conjunction with the soils and existing footprint. Capra stated at the present time he is proposing to remodel the existing residence rather than construct a new residence. Capra stated he would like to retain the current driveway, which enables him to park his boat and vehiclea. Capra indicated he would also like to construct a deck on the second level, which would extend over the driveway. Capra indicated the gravel in front of the deck could be removed as well u a walkway. Winkqr inquired what the size of the patio is. Oundlach stated she is unsure at this time what the existing patio consists of, but that she is recommendation a reduction of200 square foet Chair Rahn asked for public comments on this application. There were no public comments. Capra I il n il< -i be has recently driven around the city and observed the construction that is going on in this area. Capra stated in his view he is not attempting to do anything more than the other property owners that are undergoing renovation at the present time. Capra stated his current residence is an eyesore and has not been used in three to four years. Capra indicated he would like to improve the appearance of the property. Kempf stated in his opinion the first issue to discuss is whether this is a remodel or a rebuild, and that in his opinion diis project is close to die SO percent, but that he would consider it a remodel radier than a rebuild. Rahn commented he doea not feel that people who remodel should be rewarded over new construction. noting that the new residence wu recently denied at a 30 percent limit Rahn pointed out the proposed I i m i new footprint is almost twice as large as what currently exists. Rahn stated the main issue in most of these applications is the amount of hardcover on the property. Alexander stated the reason for raising the roof is that the height of the ceiling on the main floor is 7.8 ’, which is substandard, with an attached garage is being added. Rahn stated according to the discussions at the last Planning Commission meeting, he does not feel this qualifies as a remodel. Rahn stated the applicant is not allowed to expand the nonconformity. Alexander inquired whether the garage is being considered as part of the new addition. Rahn inquired whether the attached garage is the same size as the existing detached garage. Capra staled it is slightly larger. Capra noted the current hardcover on this lot is 49 percent and that this proposal is a major improvement. Capra stated the 25 percent limit is unrealistic given the price of the lot and that he has eliminated whatever he possibly can. Capra indicated he would prefer to construct the new residence at 30 percent rather than remodel. Winkey stated the Planning Commission has struggled in the past with what constitutes a remodel project versus a rebuild. Winkey inquired if there are any prices that the City has on this project. Oundlach smted she has not done a price per square foot calculation but that 1,584 square feet exist and 1,050 square feet is being added. Gundiach stated the existing second story is not going to be expanded except for a bathroon. and storage area on the second floor and a storage area above the garage. Oundlach stated in her opinion this project is borderline for being considered a remodel. Winkey stated in his opinion the value of the remodel project would exceed 50 percent of the value of the residence and should be considered a rebuild. Bremer cited a previous situation where a property owner was allowed to add a second story where none existed, add one foot to the first story, and add an attached garage. Curtis stated in dud situation the garage was not attached but that the ceiling height was raised in a portion of the existing residence, with a half-story addition being added. Curtis noted the Planning Commission would be discussing that application later at tonight’s meeting due to some issues that have arisen. II li ■Sibil MHlaiilfei Otfiron stated the property owner in that situation has determined after-the-fact that the foundation is basically worthless and that very little of the original house will remain following the construction. Rahn stated he has a difficult time approving a remodeling project when the size of the footprint is almost being doubled. Bremer stated restoring original homes along the lake helps to preserve the rural character of tlie city but that there is always a concern with using the existing foundation. Capra stated due to the present condition of the house, it would be better to tear it down. Alexander stated the exterior wails of the house are fine but that the height of the main floor is substandard, which is the reason for raising the height. Capra noted the residence is only 1,000 square feet and that he is only basically allowed to go up. Rahn pointed out he is not saying the applicant is limiied to only going up with the structure. Jurgens stated the main reason this application is before the Planning Commission is the amount of hardcover on the lot, which is preventing the applicant from obtaining a building permit. Jurgen.s inquired if the rationale for removing the second story is because of the substandard ceiling height of the first floor. Alexander stated they could piece in a foot and a half on top of the first floor rather than tearing off the second story, which would help preserve more of the original house. Alexander stated that type of construction would be more expensive than tearing off the second story. Jurgens stated he would like to see the hardcover reduced to 30 percent. Winkey noted they were denied at 30 percent on the new construction and that the Planning Commission may not be achieving their ultimate goal of 2S percent hardcover by allowing the remodel at 32 percent. Winkey stated in his view this is a rebuild and that the objective should be to reduce the amount of hardcover to less than 30 percent. Capra stated the cost to do a remodel project is thousands of dollars more and that it would make more sense to construct new on this lot. FI Si' k-^ •; tc'^1. 3 Berg stated in her opinion this is a rebuild and not a remodel. Berg inquired why the proposal on the new residence was denied. Rahn stated the Council denied the previous proposal and directed the applicant to reduce the hardcover to2S percent Bremer inquired whether the additional removals of hardcover outlined on Exhibit F would bring the hardcover below 30 percent Oundlach stated the additional removals would bring it down to 29 percent Gundlach stated the applicant would like to retain the existing driveway. Gundlach indicated if a portion of the driveway is removed under the current |m>posal, it would reduce the hardcover to 31.5 percent Capra stated he would rather do without the patio than reducing the driveway any further. Gundlach noted she is not suggesting the entire patio be removed but rather reducing it by 200 square feet. Capra stated he would be willing to reduce the size of the patio. Braaer mwed, Jargena aecoaded, to recommeBd approval of Applicatfon M4-3010,3534 Ivy Flace, graatiag of a hardcover variaacc to permit 30 percent hardcover la the 7S*-2S0*, a hardcover variaace to peraUt oa|y so mach hardcover in the 0>75* as required to permit access to the lake, subject to the redactloBS ia the hardcover to 30 pcrceat, and fhrthcr subject to the recommeadatioBS of tbe CiQr Engjaecr. AYES: 4, Nays 2, Berg and Raba opposed. Rahn stated he is opposed to the motion since it does not meet the intent of what the City hopes to achieve by remodeling existing buildings. Rahn stated if 30 percent is to be allowed, he would prefer a new residence be constructed. Berg concurred with Rahn. * % !■ #04-3010 March 21,200S Page I af4 Date Application Received: 4-21-d4 Date Application Coniidered as Complete: 6-9-04 60-Day Review Period Eipires: 0-04)4 extended to 10-7-04 extended to 12-6-04 extended to 2-4-05 extended to 4-S-OS To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City Planner March 17,2005 Subject:#04-3010, Theodore L. Capra, 3534 Ivy Place - Hardcover Variance - Public Hearing 2tenlng District: Lot Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('/s acre min.) 0.50 acres (21,926 s.f.) 104 feet @ Shoreline; 101 feet @ 75’ Setback AppiieatUm Summary: Applicant requests the following in order to remodel the existing structure and to add an attached garage and mud room: 1. Hardcover variance to permit 32.5% hardcover within the 75 ’-250 ’ zone where 25% is normally allowed and 49.5% currently exists. 2. Hardcover variance to permit 4.4% hardcover within the 0-75 ’ zone where 0% is normally allowed and 4.4% currently exists. Staff Recommendation: Hie following staff recommendation is two-fold depending on whether the application is reviewed as an addition/remodel or a rebuild: lA. Approval of a hardcover variance for the 75 ’-250 ’ zone stipulating additional hardcover removals as shown on Exhibit F and engineer confirmation that the existing foundation is sufficient to support the proposed improvements. 2A. Denial of a hardcover variance to permit 4.4% hardcover, as shown, within the 0-75 ’ zone. The qiplicant should be required to remove the lakeside shed and small wall, the retaining wall along the southern property line and the stone path (the hardcover labeled as “rock wall’’ in hardcover calculations is not considered hardcover but rather rip-rap and will be permitted to remain). The applicant may choose to keep the existing stone pa^ between contours 944 and the lake as a means for lake access. An alternative stairway or other access (between the 944 contours and lake) may be approved at the time of building permit. IB. Should the Planning Commission find that the level of work proposed constitutes review as a rebuild rather than an addition/remodel, staff would recommend that no hardcover variance be granted for the 75 ’-250 ’ zone. 2B. Should the Planning Commission find tlut the level of work proposed constitutes review as a rdiuild rather than an addition/remodel, staff would maintain the existing recommrodation noted in 2A above for the 0-75 ’ variance request. J M4-30I0 March 21,200S Pace2or4 LiitofExhibiti Exhibit A - Revised Survey Exhibit B - Revised Hardcover Calculations Exhibit C - Proposed Floor Plans Exhibit D - Pressed Elevations Exhibit E - Hardcover Removal Illustration per Submittal Exhibit F - Additional Hardcover Removal Suggestions per Staff Recommendation Exhibit G - Notice of Council Action dated 11-15-04 Exhibit H - Planning Report dated August 12,2004 (most recent) Exhibit I - Notice of PC Action dated 8-17-04 Exhibit J - Notice of PC Action dated 6-22-04 Exhibit K - Current 60-day Extension Letter Exhibit L - Applicant Comments dated 11-30-04 Exhibit M - 19^-2004 History of Rebuilds Approved Background The applicant originally submitted for hardcover variances within the 0-75 ’ and 75 ’-250 ’ hardcover zones in order to construct a new residence on the existing lot. The applicant appeared before the Planning Commission at the June and August 2004 meetings with slightly different proposals both requiring hardcover variances. The Planning Commission recommended denial of botti requests as the project was a rebuild and the lot was conforming in lot area and width with no other valid hardships demonstrated. The ^)plicant moved forth to the City Council, where the application was tabled and the Council directed the applicant to withdraw the hardcover variance request as it would not be supported. The original request also included a conditional use permit to grade within the 0-75 ’ zone. The qrplicant has met with the City Engineer on site and has determined that the level of grading necessary will not require approval of a conditional use permit and can be approved in conjunction with the building permit. Since the last meetings with the Planning Commission and Council the applicant has hired a new architect and is proposing what he considers to be an addition/remodel as opposed to a rd>uild. The improvements include the following: • Existing fooforint and 1** floor rooms remain (living/great, dining, kitchen, porch) • All existing outer walls remain • Existing second story to be removed including floors/flrst story ceiling to accommodate higher ceilings (existing ceiling are less than 8 ’) • New second floor with 3 bedrooms and 2 bathrooms • New attached 3 stall garage with mudroom/laundty and study • New attic/storage space above proposed attached garage • Demolition of existing 2-stall detached garage and driveway located at the street The proposal meets all area and width requirements, setbacks, building height, and lot coverage by structure standards. WM-3010 March 21,200S Pace 3 of4 (. In past q)pIication8 the Planning Commission has made a distinction between an addition/remodel verses a rd>uild based on how much of the existing structure would remain, with 50% typically the threshold. When a project is deemed an addition/remodel, the Planning Commission and Council expects no increases in hardcover, however when tfie site is grossly over the allowed hardcover allowances, decreases in hardcover are expected. When the project is deemed a rebuild, the applicant is expected to meet all existing Zoning Ordinance requirements regardless of existing site characteristics. This distinction between addition/remodel and rebuild must be made based on the new plans submitted by the applicant. Staff will provide recommendation for both scenarios. Revised Hardcover Calcvlations Hardcover Zone Total Area in Zone Allowed Hardcover ExistlDg Hardcover Proposed Hardcover 0-75 7,767 s.f.0s.f (0%) 320 s.f. (4%) 345 s.f. (4.4%) 1“ Proposal: 0 s.f (0%) % 75-250 14,159 s.f. ' •4>. 3,540 s.f. (25%) 7,032 s.f. (49%) 4,608 s.f. (32.5%) 2"'* Proposal: 4,306 s.f. (30%) l“ Proposal: 4,676 s.f. (32.86%) Revised Structural Coverage (Items in boU/iuUics rq>resent the current proposal) Total Lot Area Total Stmctural Coverage 21,Si26s.f. (0.50 acres)Allowed: 3,289 s.f. (15%) Existing: 1,584 s.f. (7.2%) Revised Proposal: 2,634 s.f. (12%) 2"^ Proposal: 3,128 s.f. (14.3%) 1** Proposal: 3,208 s.f. (14.6%) Hardship Based on the revised application and how previous renovation projects have been reviewed, there may be a hardship to warrant a hardcover variance only if the applicant is given credit for the 3,588 s.f of gravel located within the 75’-250’ zone. This gravel was added without permits and not subject to any review process, as is the case for most driveway hardcover in the City. If this gravel were taken out of the hardcover calculations, the property would be conforming in the 75’-250’ zone at 24%. With the proposed addition/ronodel, the applicant is requesting that this gravel area be tradable for -------------I.HIL »i4' iO4.M10 March 21,200S Page 4 af4 Other hardcover, consisting of driveway and new structure to accommodate an attached garage and the driveway to serve it, a mud room, and study including the 2"** story above. Total new structural coverage is 1,050 s.f. with a reduction in non>structural hardcover. The Planning Commission should make a determination if non-structural hardcover should be tradable for structural coverage in determining if a hardship exists to grant a hardcover variance for an addition/remodel. Staff finds that no hardcover should be permitted within the 0-75’ zone, with the excqrtion of the necessary hardcover for an access to the lake. Staff recommends that all 0-75’ zone hardcover be removed. Should the q)plicant wish to keq> the existing stone path located between the 944 contour and the lake as a means for access, which would be accq)table a;: part of the building permit application and no variance is necessary as it is allowable hardcover. Should fiiis be considered a rebuild, the iqrplicant should be held to 25% hardcover within the 75’-250’ zone and 0% within the (K75’ zone (with the exception of an allowable access to the lake). Past ApplicatkNU Attached as Exhibit O, is an analysis of all rdjuilds that have occurred since 1999 to the end of 2004. The lots which are similar to the ^licants in total lot area and 75’-250’ area are outlined for your reference. Staff RecoBUBCBilation If die Planning Commission determines that the project is an addition/remodel and that non-structural ha rdcover should be tradable for structural hardcover, then approve the variance request for the 75’-250’ zone stipulating incorporation of additional hardcover removals as noted in Exhibit F and engineer approval that the existing foundation can support the proposed improvement, and deny the 0-75’ hardcover variance. If the Planning Commission doesn’t wish to allow the trading of non-structural hardcover fi)r structural hardcover, then deny die request or table and direct the applicant to reduce die amount of structure proposed. If die Planning Commission determines that the project should be reviewed as a rebuild, then deny all variances as requested. !- *', r. V ■ -r I fi nrfl—4 Hi • r ■rj "V---------/ ; , :;,;1 ; ■ ' ■ ■ ■ ■ *t ’’ \ * ''f' .! ■ :'V' ,-v.' V • r .V.v* EXHIBIT B TOTAL MMJDMOS D OONCNETC m 0 sa FT. fTONC PATH m 285 sa FT. TOTAL LANDSCAfC *m 0 sa FT. ROCK WALL m M6 sa FT. OONGRCTC IMILS m 37 sa FT. HTUIMOUS m 0 sa n. QRAVn. AREA m 0 so. n. TOTAL HARO CO^ AREA m Mt so. FT. 0^ TO 75' ZONE AREA m 7.767 sa FT. TOTAL HARO OCNa ON LOT m ft2.2 X TOTAL BUHOINGS - 1,531 so. FT. CONCRETE • 1,043 SO. FT. STONE PATH > 33 sa FT. TOTAL LANDSCAPE - 623 sa FT. ROCK IMLL - 0 so. FT. CONCRETE WALLS • 0 sa FT. BITUMINOUS - 109 so. FT. ORA^ AREA • 3,566sa FT. TOTAL HARO 00^ AREA • 7,007 sa FT. 75’ TO 2805* ZONE AREA -14,159 so. FT. TOTAL HARO COVER ON LOT - ±49.S X f ': r k UatjaasED HARD COVER AREAS I 1 ir.TW:lllTliTOgg—= 2634 SO. FT. CONCRETE = ^548 SO. FT., STONE PATH » 33 SO. FT. TOTAL LANDSCAPE » 114 SO. FT. PROPOSED BITUMINOUS = 1281 SO. FT. TOTAL HARD COVER AREA = 4,608 SO FT. 75’ TO 250’ ZONE AREA = 14,159 SO. FT. TOTAL HARD COVER ON LOT * ±32.5 % D-7S’ PWPOSED - t^O crt/dJCsES ‘^■-rill I;‘r^ > ^ V . i *• • Jir.\iA^.i^s. 1^■IjM M ^ MIN ■IS m f T- ^ UIM090AVK • NHL •— a m f T. Slwui---------m 0 *0. ri. MUt m i« u. r»- IL MU m ^ w.n. lhmdonoi mu m roB? M n. bMI'lONIMU m iTtio » 7T L MM cowl M W -«4C.9S I rOUND WON MONUMENT MANKf ILCV. 4 REQUIRED REMOVALS IN CONJUNCTION" W/ ADDITION/REMODEL y jT» UNL OF LOT 177 ^*'*^S78’56’53"W ‘ ■ ............................ ^ ^ ^ ^ N. 1 2^^ 5J-"—-, I' . . . ,>••• ^, ’'-1 ,:•• 'vyr•v' -- SHED NOiyiH / .7/fEET ITY UNC I'» /'■' if ;XHIBIT F t / J7i:-I \ ,-;.v r f . Ti t te':«liiiiSliiiilS 'I L- -roUNDMON ON UNC w %§l ^otnoN ^K.lig SI? a •8^* .( 951.1 •r » W: *# 5«»ion wi .'v'A "R ^ ».-. ^ 1 /j It ^3 .r‘ V •gSDV »r 4 0;>^r ^.95 pv 7 AS LOCATED (OCTOBER 3. 2003) I » ; A c? ftSd'48 ’53"E <•! '^JU-'T'--/:—tR* 'i20 4 mSnti !**<»*,<1 III III S- SJfr 707.7 ^CALe (EHOVF WAtU t ris4 • * 75*-250’ ZONE DRIVEWAY = ±185 S.F. LANDSCAPE AREA ON SOUTH SIDE OF HOME = 40 S.F. LANDSCAPE AREA OFF EXISTING PATIO = 66 S.F. STONE PATH TO LAKE = 30 S.F. 'PATIO = ±200 S.F. TOTAL = 521 S.F. 4,608 - 521 = 4087 /14,159 = 29% TOTAL 75’-250’ HARDCOVER 0-75’ ZONE STONE PATH = 90 S.F. RETAINING WALL = ±27 S.F. SHED = 53 S.F. RETAINING WALL @ SHED = ±10 S.F. TOTAL =180 S.F. 345 -180 = 165 / 7,767 = 2.0% TOTAL 0-75* HARDCOVER EXHIBITG * I* • CTTVOFORONO ZONING FILE: #04-3010 2750 Kdlcy Parkway __ P.O. Box 66 NOTICE OF COUNOL ACTION Cryital Bay, MN 55323 (952) 249-4^ DATE OF NOTICE: November 15,20M TO: Theodore L. Cqwa COPIES: 2849110* Avenue NE Blaine, MN 55449 TYPE OF APPUCAlioN:................................................................................ DATE OF MEETING: November 8,2004 VOTE; 4 FOR 0 AGAINST Motion: To table, and allow the applicant to meet with staff to discuss a possible remodel/addition project or to revise his plan in an attempt to get closer to the 25% hardcover allowance within the 75’-250* zone. If you desire certified copies of the official Council minutes, they are available fmm the City Clerk after review and approval by the City Council. ] ■ • • .•..T jli;. '■> v ’’: :>'■ '•■' ••.. ■' ••'.( .... ■ f.:r. ■•“•. V?‘:’:v *• • .-o -Vv-118^^ ; » ILAHimi u «K)4-30I0 August 16,2004 ^ Pagt 1 of3 Daft Application Received: 4>21*04 Date Application Coniidercd as Complete: 6*9*04 60-Day Review Period Expires: 8-8-04 extended to 10-7-04 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From:Janice Gundlach, City Planner Date:August 12,2004 Subject:#04-3010, Theodore L. Capra, 3534 Ivy Place - Hardcover Variance, Conditional Use Permit - Public Hearing Zoning District: Lot Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('/j acre min.) 0.50 acres (21,926 s.f.) 104 feet @ Shoreline; 101 feet @ 75’ Setback Application Summary: Applicant requests the following in order to construct a new residence on an existing lot: 1. Hardcover variance to permit 30% hardcover within the 75’-250* zone where 25% is normally allowed and 49% currently exists. 2. Conditional use permit to allow land alterations within the 0-75’ zone._________ Staff Recorttmendaiion: Staff reconunends denial of the hardcover variance as the project is a rebuild and should be held to the 25% hardcover limitation and no valid hardship has been demonstrated. Staff also recommends denial of the conditional use permit to allow grading within 75’ of the lake. Only one portion of the slope requires restoration, which can be accomplished without grading the entire lake yard or constructing any retaining walls. The applicant is encouraged to investigate the use of deep-rooted plant material like prairie grasses and/or wildflowers, other than turf grass, in an effort to stabilize the existing slope. _____________________________________ List of Exhibits Exhibit A - Revised Survey Exhibit B - Revised Hardcover Calculations Exhibit C - Revised Elevations Exhibit D - Revised Floor Plans Exhibit E - Photographs Exhibit F - 60-Day Extension Letter Exhibit O - PC Meeting Minutes of 6-21-04 Exhibit H > PC Action Notice of 6-22-04 Exhibh I - PC Report of 6-17-04 Backgronnd The applicant and the applicant’s architect have met with staff numerous times since the June Planning Commission meeting to discuss alternative site plans in an attempt to i ^usn <K ,m-2Q\0 August 16,2004 Pagt2of3 reduce hardcover. The applicant has reduced the size of the garage, however increased the size of the house footprint sli^tly. The applicant has also explored moving Ae house towards the road but doesn’t want to give up any lake views. Lastly, the applicant has tried a smaller attached garage as well as a detached garage in an effort to reduce driveway hardcover. All the exercises have led the applicant to the attached revised plan. The applicant is still proposing to remove the shed located at the lake and the detached gAi-age located at the road, as well as retaining walls within 75 ’ of the lake. The new plan consists of 30% hardcover when 33% was previously proposed and 25% is normally allowed. The qn>licant is also still requesting a conditional use permit in order to re-grade the lake yard. The City Engineer has reviewed this plan briefly, however has not provided any written comments at the time this report was drafted. His verbal comments relate specifically to M^ether or not the slope is indeed in need of restoration. He will conduct a site visit and provide written comments, although he maintains that only the portion of the slope between the 934 elevation and the 944 elevation are in need of slight repair and the repair can be done vnthout the need for retaining walls. The applicant should explore replanting the area between the 934 elevation and 944 elevations with prairie grasses and/or wildflowers as those plant types provide much deeper root systems than turf grasses. The Pluming Commission should come to a consensus on whether extensive grading within the lake yud should be permitted given the City Engineer ’s preliminary comments, the conditional use permit standards outlined in the previous staff report, and historically v^t residents have been approved to do within their lake yard. LOT ANALYSIS WORSHEET (ehmgajrom the previoiu plan have been bolded and Italicize^ LR-IC Lot Area Lot Width Requited 21,780 s.f. (0.50 acres)100 ’ Actual 21,929 s.f. (0.50 acres)104 ’ @ Shoreline 101 ’@75 ’ Setback LR-IC Required Existing Proposed Front 30’N/A N/A Reu 30’ 99.6 ’-house 11.5 ’-detached garage 68* (71 ’ was previously proposed) Left Side (north) ■i 10 ’ 23.2’-house 1 1.3 ’ - detached garage 13* (28’ was previously proposed) r-a \ ■ s f . • M04-3010 August 16,2004 Pige 3 of3 Right Side (south)10 ’ 26.2’ - house 73 ’ - detached garage IV (10 ’ was previously proposed) Lakeshore 75’91.5 ’ - house 18.5 ’ - shed 88' ( previously 90 ’ - house) Average Lakeshore 71.5 ’-98.5 ’(going north to south) 110 ’-94 ’ (conforming) 88' (94 ’ previously) • Total Lot Area Total Structural Coverage ■1 21,926s.f. (0.50 acres)Allowed: 3,289 s.f. (15%) j Proposed: 3,128 s.f. (14.3%) Previously Proposed: 3,208 s.f. (14.6%) Hardcover Calculations (A typo was made on the on the previous report regarding the square footages in each zone, however this typo did not affect the hardcover levels proposed. It is now Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 7,698 s.f.0s.f (0%) 320 s.f.* (4%) 0 s.f. (0%) 75 - 250 14,228 s.f.3,557 s.f (25%) 7,032 s.f* (49%) 4,306 s.f. (30%) Previous: 4,676 s.f (32.86%) driveways never approved by the City. Issues for Consideration 1 . Should this conforming lot be granted a hardcover variance? 2. What level of ground disturbance should be allowed within the 0-7S’ lake yard? 3. Should the applicant be encouraged to reduce the footprint of the house, which is currently proposed at 2,288 square feet, not including the garage even though the structural coverage requirement is met? Staff Recommendation Staff recommends denial of the hardcover variance and conditional use permit request. The tq)plicant should be encouraged to reduce the size of the house and/or garage. Staff also recommends denial of the conditional use permit request as currently presented. Following a site visit from the City Engineer the applicant will be directed to an alternative solution for restoring the slope located between ^e 934 and 944 elevations. itbA .^•- . vv; ::J W-i I '-- ‘W^'*‘*lgB" vauri saXBMXtOHB: ( LAIS HAMl cMMctxam VERCALCVLAnOffWORKSE^^bAHI»ll » 500m< it fliww HU* «ait*a:JC X ►X B. C. Driumi X X P. SUmoR X X B. MotD^X X Xl-dtaV * DMkrMi ______________ Br magic -____— Or Fabric X X O.l2^ UJU*' jOIALHAMDOOVEROfZONE - — TOTALFM^m^ ABBA IN ZONE ^ ;ci0O “5 ^ A >/,#r #jy.< iL Amie X X X B. Ganm^ C Drtwwty X X D. SUkwsft X X JL FoB oOHA X X K fUtx BtBttXdc PrPatrie h $ X X X ODiJC hO(i> S.F. SJ^. SJ^. SJ=*. S.F. S.F. S.P. S.F. SJF. S.F. S.F. S.F. SJ^. SS. ^ t<0^ S.F. ■ A S.F. B % S.F. S.F. S.F. 5.F. SJ^. S.F. S.F. S.F. S.F. S:F. S^. 5.F. S.F. t/ &F. jOtALBAmoaiVERa. HCnBLnort^ABEAWBIM^ B i*4it xJCO - 1x0 h S.F, A -7 Ji '4i-~ % *"0?' I I L. L hardcover CALCO. SETBACK ZONE: HCJBCLE *4KypltiOHAJa A Bom* wLAm^Mm (75-259*^ (RE T 25BS00*SOO-lOW \'Gr\?D S.F. 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F•^r^5 f, A ■v^i;'• >^iii%;y-»'**^' ^jjsamL “ ■■■ • a; .,* #S Id'- w niammpf^ VIG na /' Cf i,U)PB."S IK " vf T*^ VO •^X*J___}________ rK^%'T .- ' -. "•-•>>.- .. .•• 7 .• .* . ^>’.'vv .. V ......—*•. . . • ... ..^ - -r ; *j^-.-.y . .*. ..... *•• . %•.« .* • •* *1 jr V.•'‘ - i ♦ r /n » :iv ^ MM J-'- :Ti V • ••r '• . ■.«■ „ 4.^v»n.. ■........rMiiiiliiiMifriiniii III - IF> V ^VT ▼ Vf EXHIBIT F >« CITY of ORONO Municipal Onices Street Address: 27SO Kelley Patlway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 July 1,2004 V ' J/ Theodore L. Capra 2849 110* Avenue NE Blaine. MN 55449 RE; Variance Application 04-3010,60-Day Review Period Extension Dear Mr. Capra: State law piwides that Cities shall aiakc decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the ffpptjgnnt. Your appli^'ation was received on April 21, 2004 and considered complete on June 9, 2004. The 60-day review period will end on August 8, 2004^. Because your application was tabled by the Planning Commission at the June 21* meeting, and you are not able to submit plans for the July 19* meeting, the earliest potential date for final Council action falls, after the 60-day period ends. Therefore, the 60-doy review period is hereby extended on odditional 60 days to October 7, 2004^ Your application is scheduled to appear before the Planning Commission at the August 16,2004 meeting. Revised plans must be received by August 11* in order to remain on this meeting. Thank you for your cooperation, and if you have further questions please do not hesitate to call at (952) 249-4623. Sincerely, City of Orono Janice Gundlach City Planner , V - •. '.r ht ■ ■ . M--; : . k'r-i'- f ; 0 ■ _au lUcpboot (952) 249-4600 • Fax (952) 249-4616 www.d4iroaojnn.iu ORC J PLANNING COMMISSION MEEl MONDAY, JUNE 21,2004 6:00 o’clock p.m. (2. #04-3009 JAMES AND DARCY LOFFLER, 1690 SHADYWOOD ROAD, VARIANCE, REVISED PL.\N, PUBLIC HEARING (6:09-6:15 p.m.) Leslie moved. Chair Mabustb seconded, to recommend approval of Application #04-3009 James and Darcy Loftier, 1690 Sbadywood Road, granting variances needed for the revised plan: 1. Lot area (0.39 acre where 0.50 acre required; does not meet 80% rule) 2. 75-250' Hardcover (Proposed »= 3,557 s.f. /10,780 s.f. in zone >= 33.0% where 25% is allowed.) 3. Subject to City Engineer acceptance of grading and drainage plan. VOTE: Ayes 7, Nays 0. Fritzler urged the applicants to adhere to tlie approved variances and discouraged the applicants from enlarging hardcover surfaces, i.e. backup apron and deck, in the future. Gaffron advised the application would be scheduled for the June 28,2004 City Council meeting. Mr. Loftier thanked the Planning Commission for their service to the community. NEW BUSINESS 3. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING (6:15-6:32 p.m.) Theodore Capra, applicant, was present. Gundlach presented the application for a proposal to tear down the exloting house and rebuild, removing approximately 2,3S6 s.f. of hardcover, although the applicant is still requesting a variance to permit 4,676 s.f. of hardcover, or 32.86%. The applicant is proposing to remove 320 s.f. of existing hardcover within the 0-7S ’ zone and would then comply with the 0% hardcover standard for the 0-75’ zone. The lot meets the '/z acre standard as well as the width standard. Gundlach pointed out the proposed house plans leave only 349 s.f for allowable non-structural hardcover and if the applicant were to construct the proposed 3-t-stall garage at tlie road, 1,368 s.f of driveway hardcover would not be necessary. In summary, she stated the applicant ’s property is conforming in area and width, and the proposed application meets all other setbacks, including removal of the non-confoiming detached garage at the road and the non-conforming shed located at the lake. She stated staff finds that no valid hardships inherent to the land to warrant approval of the hardcover variance. Further, Gundlach advised the applicant requests a conditional use permit to allow grading all the way down to the shore. Propos^ site grading would consist of a substantial fill amount on the street and side of the home, which does not require a CUP unless it exceeds SOO cubic yards Gundlach referred to the City Engineer review comments in Exhibit F of the staff report, dated June 17,2004. Page 3 of 22 I . I itrti iriftniiiimiiafiitMiiiiKiMiTiiiitin AViUA^ W 1 i->0 WX' XXX^ ORONO PLANNING COMMISSIOl ffiETING MONDAY. JUNE 21,2004 6:00 o’clock p.m. Mil r » \m (3. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING • continued) Gundlach reconunended denial of both the hardcover variance and conditional use pennit request. She indicated the applicant has an option to revise his plan to incorporate a smaller detached garage or reduce the total foot print in order to achieve 25% hardcover within the 7S’-2S0* zone. Also, the applicant could revise his plan to incorporate minimal grading only as needed to remove the existing retaining wall, noting the proposed amount of grading is unnecessary to achieve a walk/out style house. Mr. Capra, applicant, pointed out his proposal decreases the hardcover from 49% to 32.8%. He indicated that he thought rock retaining walls were undesirable so, instead, proposed substantial lakeside grading. If it were possible, he wished to install two rock retaining walls instead of grading the entire slope. Mr. Capra commented that he believed his new house would greatly enhance the property instead of the existing old house. He explained he had already installed a shoreline riprap wall. Chair Mabusth asked to see Mr. Capra’s photos ot the shoreline riprap wall. Mr. Capra provided the photos to members of the Planning Commission. Chair Mabusth inquired of staff if there were signs of erosion on the property. Gundlach replied that the proposed retaining walls were not on the applicant’s grading plans and she had not observed any j. slope failures. Chair Mabusth asked if lakeside grading would be necessary if the house were moved further back from the lakeshore. Gundlach explained that the City Engineer and the applicant’s architect think the proposed house can be built without grading in the l^eside yard but fill would be required for the street and side yard. Mr. Capra explained that after re-consideration of the substantial amount of lakeside grading proposed, he now would like to pursue installation of retaining walls. Chair Mabusth reconunended tabling the conditional use permit request for grading in the 0’-75 ’ zone until Mr. Capra finalizes his grading plan. She stated it was difficult for her to approve of a hardcover variance on a property that meets the width and area standards for its zoning district. Rahn concurred with Chair Mabusth’s and staffs denial recommendation, pointing out that it is a conforming site and he did not see any valid hardship. Mr. Capra commented that Ivy Place is very narrow and has no on-street padcing. He also wanted the larger garage space for inside btorage of sports equipment. Kempf remarked that on-street parking is better than some other streets because Mr. Capra’s property is located nearly at its end. Also, the property has other options like a detached garage or a reconfigured house fbo^rint. Jurgerrs added that Mr. Capra purchased the property as is and therefore the narrow road does not create a valid hardship._____________________________________________________ Page 4 of 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY. JUNE 21.2004 6:00 o’clock p.m. (3. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING - continued) Leslie moved, Rahn seconded, to table Application #04-3010, Theodore L. Capra, 3534 Ivy Place. VOTE: Ayes 7, Nays 0. 4. #04-3019 WENDY SULLIVAN, 325 CRESTVIEW AVENUE, VARIANCES, PUBLIC HEARING (6:34-6:40 p.m.) Wendy Sullivan, applicant, was present. Gundlach presented the application for a teardown of the existing vacant, old and dilapidated house and to constrict a new house. Site remediation would be required prior to issuance of a building permit. She stated the lot is located within a small neighborhood zoned for 2 acre lots and that many of tlie lots on Crestview Avenue and Tonka Avenue are substantially under the required 2 acres and require variance approval to do virtually any improvement. Gundlach indicated that .5 acre standards have been applied in the past. When applied to this lot, .5 acre setback standards are met or exceeded. The applicant’s plan meets all other requirements for hardcover and stmctural coverage. Gundlach recommended approval of the requested variances. Chair Mabusth invited comments from the applicant. Ms Wendy Sullivan asked for clarification of the remediation requirement. Gundlach explained it was a requirement from the Minnesota State Health Department due to the prior methamphetamines found there when the property was rented out. Chair Mabusth asked for any public comments. There were none. Jurgens requested pool and patio setback requirements from staff. Gundlach provided the information, concluding the proposed pool and patio are compliant with City standards. Chair Mabusth inquired if there were any lot coverage issues. Gundlach stated there were none as the proposed application meets the 15% standard. Jurgens moved, Kempf seconded, to recommend approval of Application #04-3019, Wendy Sullivan, 324 Crestview Avenue, granting approval of the following variances in order to construct a new residence on an existing lot: 1. Lot area variance in order to construct a new residence on the existing 0.43 acre lot where 2 aces is normally required. 2. Lot width variance in order to construct a new residence on the existing ISO’ wide lot when 200* is normally required. 3. Front yard setback variance to allow the new house to he setback 30’ from the front property line when SO* normally is required. 4. Side yard (south) setback variance to allow the new house to be setback 19’ from the side property line when 30* is normally required. VOTE: Ayes 7, Nays 0. Gundlach stated Application #04-3019 would be referred to the June 28,2004 City Council meeting. Page 5 of 22 ■^4 ! i’ Ai*. EXHIBIT I ik r CITYOFORONO 2750 Kdley Ptrkway P.O. Box 66 Cryitol Bay, MN 55323 (952) 249-4600 ZONING PILE: 04-3010 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 17.2004 TO: Theodore L. Capra COPIES: 2849 110*^ Avenue NE Blaine, MN SS449 TYPE OF APPLICATION:Hardcover Variance, Conditional Use Permit DATE OF MEETING: August 16,2004 Plaoning Commission recommended as follows: Denial of th.'^ hardcover variance request to allow 30% hardcover within the 75’ - 250 ’ zone as the project is a complete rd)uild, the property is conforming in area and width, and therefore should be held to 25%. Table of the conditional use permit request to allow the ^plicant and engineer to meet on site to discuss the proposed grading within the l -75’ lake setback zone. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Connell - Monday, Angnst 23,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Plaiming Commission or Council minutes, they are available from Ae City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 9S2-249-4623. . i - . : / -.o..: •?> ••• . * ^ .V ■ .* ' • ' - * m Al-rC'.'-¥ lA *1 4. i*rIW.wi.m iii—i Ml n I <w 1 \::r: v. EXHIBIT J CITY OF ORONO 2750 Kdley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 04-3010 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 22.2004 TO: Theodore L. Cq>ra 2849 110*^ Avenue NE Blaine, MN 5S449 COPIES: TYPE OF APPLICATION: Hardcover Variance, Conditional U?c Permit DATE OF MEETING: June 21.2004 Plaaaiag CommiaaioB recommended aa follovts; Table. The q»plicant was directed to revise the proposal to meet the 25% hardcover allowance for the 75 ’-2S^’ «A)nc. The applicant was also directed to finalize any grading or retainiuft plan for the 0-7S’ zone and submit the plan to staff and the City Engineer for review prior to review by the Planning Commission. VOTE: FOR AGAINST Applicant’s next meeting is tentatively scheduled as: Plannlag Commission - Monday, July 19,2004; meeting starts at 6:00 p.m. If yon desire certified copies of the official Planning Commission or Council minutes, th^ are available from the City Recorder after review and approval by the Planning B call City Planner Janice GundlachW J ! > M l I 1 !.•Jl -IWI r'•• /I y.1^ ^ fr mmm 3^ a n«r* 11 U3 uoiuop P- I 't|EXHIBIT K Janice J. Gundlach City Planner 2750 Kelley Parkway Oiono. MN 55356 Janice J. Gundlach. March 11,2005 am requesting a 60 day extension fcr my appeal regarding my property at 3534 Ivy Race, Wayzata, ^ 553«l-9746. Rease call me if there are any questions. Thank you, n -V Ted Capra 763-783-8533 Home 612-247-2162 Cell a n < J ■-1 '* \m 111 I EXHIBIT L City Planner, Janice J. Gundlach 2750 Keliy Parkway Orono. MN 55356 RECCIVEU OEC 0 3 ?004 city of orono CHy Planner. Janice J. Gunlach, November 30.2004 i am writing in regards to property located at 3534 Ivy Place. I have been to Staff several times. Planning and Zoning and the City Council with the same results. That I vras denied what I asked for. So, evidently, I must be wrong. I am having a real problem with the most unfair ordinance I have ever come into contact with. As you know, I have a conforming lot. But I also have 49% hardcover where you can build on the conforming lot. That is cutting 75 feet off from the lake, where there will be nothing on. But the ordinance says I can only have 25% hardcover in that designated area. That is house, garage, sidewalk, everything. Which amounts to approximately 2000 square feet. This is so unfair when you measure 75 feet off, 30 feet off of the back, and 10 feet off from each side. This does not leave much to build on and that is the 25% hardcover that we are talking about. So even though I cannot use the full lot for measurement to make tf.e 25% hardcover, I have to pay taxes on the full lot. This seems unfair. This ordinance is old and not reasonable anymore. If the percentages In the designated area were around 35% then it would not be necessary to measure the entire lot and you could build something that is reasonable In the designated area. The reason for the way I feel is because of the Hardship Rules. People come in with their non*conforming lot and they call it a Hardship, and in a lot of cases they receive up to 39% hardcover, even more in some cases. So. I am penalized for having a lot that informs. I am sure you have heard this before, especially from me. I want to live in Orono, in a decent home that fits my needs and one that is reasonable in size. I have an old homo I do not want to remodel. I want to cut down the hardcover on the area designated for building, not increase It. So the hardcover would go down to 35% or even 30%. I would like a homo with a bigger footprint so we would not have to climb stairs Moot of the living area would be on the main floor. I would tike to put this home on the area that is designated for building and I could meet all the setbacks and requirements. If something in ttie ordinance does not change, lots like mine would have a considerably less value because of being unable to build a proper house for the value of the lot. To n>e that Is a hardship. I guess I am asking for some kind of consideration with common sense involved. If this ordinance was making a positive difference I could understand it and obey it but It is not. I totally understand foe 75 foot rule, I also understand foe hardship rule, and they are both needed. I am asking that you do not penalize foe conforming lots, thinking that you are helping foe good of the lake, when non-conforming lots. In some cases, are filling up the entire lot with hardcover. I am not trying to be smart. I am trying to get my story across the only way I know how. I am asking for help other than the way wo have been approaching this problem. Please consider another ^nue we can explore that will make both parties agreeable to foe final result. Are there any changes that we can make to get to a fair resolution for both of us? I will come to a workshop meeting or whatever It takes to talk over this problem again Thank vou for your time. ' Ted Capra tm r-iJuiitf-Jf-Vi V W k •>7«r^ '* * 4 *- • S J feif.1^' • . •. < ;-y '# ,' . 'ft ) ; :■ ‘ .1 ^ iFPf ,i) >;.’.i;i!-. fMvA.XiOAv-v /T. i j . Vt:.- ■" * - - *'' ’ r - vi: • . - ’ > ’ ( DfeLt*;"Ill » • •*«#♦*■» •'*1 l*»^• .4 V'*’ • *r r' ;» 4-^ . ‘" I •. 4«,■» I V" I tvifc- ^■;. /^4. 4» • V^1 ^ ^ i: ? \ ■^<r- fHi"^ HciiSe IS o<>0 c.'^^co Pa^\:n fi^\b c'ccs^r -jl-,ryvfVE. :f7S. £>a.) /4- 50'-ho' ^■■r. 7/)‘X‘L^ iSJiP^rXy 1^0 SeASS. tis f)t<_ A/Z-lf^oCOt'^'^ TA)AS )v5 0? the HftP.iySHlP ba/)LP, '\a D ^ ^ .4 _____ % ^ i . ^ r-. ^ ^ , / > ./ lC;i VAOf-)/\)(ie TfiAi ions /^^idouzo t/wt c'ooa^O l(5>f i\&)U7 T/f^ LOHOUL Lot. ■feuLi ■ 1 II ■ i I j’- ? *4 ^ <1S i ^ % ‘1 7m t^.'^ f aI flpi % 9; ?' I ■■ \^l WtM It:>; ..IX?.;';;m '! -^.iXPtVrV - t I ^ »•: .t:*^ * • ./‘I’iv v*» • • * • • > •)*' •• • . ‘.” J '. '. »3 • • t»* * •• 2^ r/^/s 0/0 rooeiH f\^tr). HCTiotcucp Hi ■;>(: ss/5Ly por Tt\ni &(:r ov- a hoks .& u h</p oO0 ‘i lO h <- rt'C’l t S /£. ^ y^'u C-ouLb tJ07 ibuiot) oon-siDB Of OPi6iP-7f)o. HBoSE^ TH/-)T &^0',Zl- U.. r)\ ll-UL . This Is the one that really blows my mind. #03-2962 ROBERT AND JOAN SWITZ 1740 Shadywood Road Variance - Resolution 5136 This was approved with 39% hardcover ■M mi V Sl^v^- .... • V - • ■•'V•V.*- ^h- ..i 'y ■ B.■■ ■v i^v fla : Aa .J. ■ ■ TT- ^ ;-v^ ■:0ii« 5«S*II Ailiimssim Sin : -a'., aaasftim^m V.; 1 ■; ; • -i-^.i • :• ^ • •. v*:..;. ./r-• : a :.,,‘,‘a.vvAva^ a; ' -.va vl '■ a,: : >;.a.ii.ia{.J i 1 '•r - • wm / >FTHE ORONO CITY qpfNCIL MEETING Monday, 22,2004 7:00^cl<w p.m. *7. #03-2928 MICHAEL MISCHKE, 1972 SHADYWOOD ROAD RESOLUTION NO. 513S ✓ variance - Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5135 graatiDg variances to allow construction of a detached garage and first Door level deck for the loefii3^in972 Sbadywood Road. VOTE: Ayes 4, Nays 0. 8. #t'-2962 ROBERT AND JOAN SWITZ, 1740 SHADYWOOD ROAD, VARIANCE - RESOLUTION 5136 Mayor Peterson moved and Murphy seconded to adopt RESOLUTION NO. 5136 granting lot area and hardcover variances to allow construction of a new residence for the property located at 1740 Shadywood Road. Under discussion, SanseverC stated be would be consistent with his previous vote. VOTE: Ayes 3; Nays 1 (Sansevere) *9. #04-2973 MINNETONKA CUSTOM HOMES, 4753 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 5137 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5137 denying a conditional use permit to permit a retaining wall and grading within 5 feet of a property boundary for the property located at 4753 North Shore Drive. VOTE: Ayes 4, Nays 0. 10. #04-2976 JAMES AND JUDY PIERPONT, 1801 WEST FARM ROAD - PLUMBING IN ACCESSORY STRUCTURES CUP - RESOLUTION NO. 5137 White moved and Sansevere seconded to adopt RESOLUTION NO. 5129 granting a conditional use permit to allow plumbing in an accessory structure for the property located at 1801 West Farm Road. VOTE: Ayes 3, Nays 1 (Murphy) * Council moved Item 16 to precede Item 11. 16. #2765 KELLEY PARKWAY - DEfO'AL OFFICE SIGN HEIGHT Dr> Carl Berg wu present McCarthy Constructioa has requested a sign permit for the dental office at 276S Keliey Parbvay to allow a larger sign than was previously approved. Summary of the approval and application is as follows: November 2002 Approval: Monument: 13’ 4" wide x 12’ high ■ 160 s.f. per side Sign Face: 8’ wide x 8’ 6 ”. hi^ « 68 s.f. per face PAGE 13 of 23 •aErrk-i£rTX— nA^tafiT^ ■ vrkiaAar'a>ii*iM*Mi#lani.«e« iTnfIniaii iiidi iliiiirifnila ii iila ■ >.;■ ;^%V' IK ' ’.»■ »..■ m - 4 ' ' -- ^-i - ^>? >> ■f. ^C>'- :t ^." -r ■J' ^-• ■*'’ ■9.I , ' ll '^'SfiJi «•*< Addrm Zoning Dirtrict Zoning AfJpi Retol. « Lot Area (i^f) Lot Dimensions Width X Depth Hardcover Lot Coverage Approved % 0-75’ Existing (%) 0-75* Approved (%) 75-250* Exiting (%) 75-250* Area Approved Hs/Gar Footprint 75-25CV Approved (%) 2004 . - , • ^ • '* i •* • • • • * • • - 3445 Ciystil Bay Road JLR-IC 2934 #5065 6^94 50x130 0.0 0.0 30.6 6,494 1,385 28.3 <1500 sf 1740 Shadywood Road LR-IC 2962 #5136 20.624 120x172 22.3 0.0 38.8 11,424 3,040 38.6 14.8 1489 Shoreline Drive LR-IA 2953 #5081 31,188 134 X180 8.1 1.4 43.6 21,191 4,453 35.7 14.3 1435 Park Drive LR-IB 2927 #5028 32,284 100x223 0.0 0.0 9•20,170 3,608 24.9 12.0 3775 Baytide Road LR-IA 3017 #5198 41,220 414x100 3.9 3.5 30.1 11,430 1,530 29.2 6.0 1690 Shadywood Road LR-IC 3009 #5202 17,060 80x213 14.8 0.0 20.8 10,780 2,461 33.0 14.7 2695 Kelly Avenue LR-IB 3032 #5207 26,925 120 X 230 ?•0.0 9*20,530 3,805 24.9 14.0 1265 Blacketts PtRd LR-IA 3012 #5195 144,491 700 x 200 ?1.1 9•95420 8,704 24.2 6.0 4515 North Shore Drive LR-IB 2827 #4873 23,360 75 X 307 7 0.0 ?13,650 2,582 24.7 13.1 1300 Sprace Place LR-IB 2886 20,300 110x180 20.3 2.5 30.3 9,190 1,770 30.4 8.6 1444 Baldur Paric Road LR-IC 2990 #5140 8,600 45x185 11.0 0.0 47.0 5,180 1,500 45.0 l,5(Mrt7.a 356 Weadake Street LR-IA 3051 #5232 28,000 50 X 555 0.0 0.0 35.4 16,500 2,190 24.5 7.8 3407 Eaatlake Street T »v-lA 3041 #5222 4,180 44x93 50.5 21.8 37.6 880 864 47.0 864/20.7 3015 Caico Point Road LR-IC None 34,570 100 x 370 9•0.0 ?10,990 4,085* 24.3 11.8 . /■ rfi-i * Moit of footprint it in me 250-5w z '••.-V 0 i liHii ^ii: ■•—mIt5Ii mmmmmsrnmmmamm-iiiiplB|€®«^aiii^a.aa^aafea;;vstefl-v-'^Vri <^a:aviv\.::aaippSS W«B . ■ ■: ■, -• a,-a :mm mssi r ■ :-^'-v -va,- -B^r/va. aar-r> -v'^-'••' • vav? . --v..:v: :•:=;-•/a ;:b-' ; f a./B>.;:r;. a- mmm&^ i=.i iy v; . ’ . > ■• > r . • ■e; a:'-: r-t 'C 0 . '• - •,:■>•“ • ^ ^‘• ^ ••■ - . /■ -. -■ ■; • ' l’“ *.‘- ;. V . t. Hardcover Lot Addrctt Zoning District Zoning App# RjMOl. ff Lot Area (•.t) SAIt Dimensions WidthX Depth 0-75’ Existing (H) 0-75’ Approved (%) 75-230' Existing (%) 75-250' Area Approved Footprint 75-250* Approved (H) Coverage Approved % .2003 K . ' -«» ’’ •• * . . V' •••■ ■ ’/“r ' 1 • • a-./: V. ■ “• • <,• ", ~ -i-' • ... . ■ ■ r. . ■' ^ V’ ^ 2800 Pheasant RxMd r LR-IB 2808 #4847 88.543 297x266 1.5 0.0 34.9 22,497 4,700 39.2 5.3 4753 Nocth Shore Dr LR-IB 2887 #4959 8,172 50x163 12.6 9.4 34.5 4,381 1,500 44.9 1,500 sf 3329 Ciyital Bay Road LR-IC 2876 #4957 3,741 50x97 38.6 37.5 78.3 995 1,145 28.6 1,145 sf 955 Tcnkawa Road LR-IB 2853 #4908 147,935 208 x6M 1.5 0.0 ?34,825 4,078 21.7 3.0 3490 Nofdi Shore Drive LR-IC 2786 #4833 10,048 50 X 250 0.0 0.0 125 6,750 1,500 33.9 15.0 847 Tonkawa Road LR-IB None —62,400 150 x41^4.5 4.2 24.0 26,670 4,397 24.9 7.0 680 Tonkawa Road LR-IB 2901 #5002 23380 65 x^9.1 9.1 35.9 11,360 2,559 28.6 10.5 4125 Hi^woodRoad LR-IB 2893 #5019 28,648 150x190 6.5 5.7 37.1 16,655 2,370 28.2 8.3 1625 Bohns Point Road LR-IB None —73,679 125 X186 0.0 0.0 ?23,780 4,574 24.7 6.0 1 .a I . \ 1 •i .fc— r]*i»;(^’' ,^IH - y i i fB)* f .' ■■ 'A 9 'V ?* y>*.1! •*>>•" :rfc * , ^ ■ ♦>» 1M^ -■' Dvyl- . •>,., b-b": -v> --*-*■---------^ h^irt itfwrt TiMT' ■<»»■» >i. r ,7-' ► .. » ' i,./ . .' - ••i Addmt Zonini Difirict Zoning Appi ResoL » Lot Area (••t) Lot Oimemioni Width X Depth Hardcover Lot Coverage Approved % 0-75 ’ Existing (%) 0-75* Approved (%) 75-250* Existing (%) 75-250* Area Approved Footprint 75-250* Approved (%) 2002 -,, - ■■' . ■ ;■: A- 2795 Pheasant Road LR>1B 2748 #4767 46,560 153 X 300 2.3 2.3 23.6 26,426 4,694 23.6 10.0 372 Westlake Street LR-IA 2465 #4266 53,700 307 X175 ?0.0 7•29,737 3,513 24.9 8.1 1420 Shoreline Drive LR-IA 2674 #4654 54,436 130 x 400 2.5 0.0 12.0 48,400 3,738 23.1 7.0 1423 Paik Drive LR-IB 2725 #4712 37,479 115x320 0.0 0.0 ?20,345 3,052 19.8 11.2 1325 Shoreline Drive LR-IA 2720 #4709 93,503 190x^3.0 0.0 ?30,997 4,759 24.8 6.0 3440 North Shore Drive LR-IC None —21,500 100x215 0.0 0.0 24.4 13,816 2,252 23.3 10.0 3375 Ciystal Bay Road LR-IC 2730 #4760 6,690 50x140 45.1 23.8 72.5 3,855 1,500 53.4 1500/22.4 3415 Eastlake Street LR-IA 2805 #4846 9,987 100x100 29.4 16J 16.6 2,487 1,472 30.5 15.0 1865 Concordia Street LR-IC 2740 #4792 102 X 216 20.4 1.7 42.8 14,300 2,565 32.4 11.7 3625 North Shore Drive LR-IC 2813 #4871 5,462 50x109 17.6 18.1 54.4 1,712 1,241 51.6 1,241 1725 Concordia Street LR-IC None 40,415 150 x 269 NA 0.0 NA 26,397 3,553 24.7 8.8 1160 Lonu Linda Ave LR-IB 2833 #4882 28490 100 x 282 0.9 0.9 5.8 20,180 3,777 23.8 13.4 4496 Noidi Shore Drive LR-IB 2825 #4869 23423 125x190 0.0 0.0 34.9 13,465 2,775 24.9 11.8 1125 Spring Hill Road LR-IA None —274,528 700 x 350 0.0 0.0 13.0 97,417 5,282 15.0 2.0 « . «r4 . mmmmJ- ■:V^^v-.a ■V-' 'p ■'';* ;,i':''j:*"n5'4K Zoning District Zoning App# Resol. # Lot Area (s.f.) Lot Dimensions WidriiX Dqpth Hardcover Lot Coverage Approved % 0-75* Existing (%) 0-75* Approved (%) 75-250’ Existing (%) 75-250' Area Approved Footprint 75-250* Approved (%) ■ii»r t . • • ■ V * a *V . .V ' 1" • r ' ■ • ' ■... . •’ 1270 Spnice Place LR-IB 2486 #4473 9RS0 49x186 14.2 3.7 27.6 6,100 1,499 46.9 l,499sf 2507 Kelly Avenue LR-IB None —45,330 145x21fl 0.0 0.0 ?25,220 5,124 25.0 11.3 1360 Vine PI«:e LR-IB 2658 #4602 69,150 90x2fifi 0.0 0.0 NA 41,590 2,204 <25.0 5.1 1 140 Lome Linda Ave LR-IB 2635 #4584 8,850 50x177 0.0 0.0 23.0 4,750 1,237 29.8 1,237/14.0 1080 WUdhunt IteU LR-IB 2662 #4615 29,124 100 X 250 2.0 0.0 27.6 19,534 3,200 25.0 11.0 1926 Fageroess Pt Rd.LR-IC 2623 #4579 8,018 100x80 29.0 26.0 « 25.0 500 1,495 « 25.0 1,495 sf 2685 Nofdi Shore Drive LR-IA 2672 #4647 99,108 240 x 400 2.9 4.7 9«44,060 5,981 23.0 6.0 3195 Casco Circle LR-IC 2411 #4215 23,225 90 x 256 6.6 4.5 NA 15,880 3,396 24.99 14.6 4101 Highwood Road LR-IB 2673 #4645 8,550 48x190 0.0 0.0 29.7 4,882 1,492 40.0 1,492 sf 3995 Noirii Shore Drive LR-IC None —45,300 115x325 ? 0.0 ? 25,987 4,261 24.1 9.4 2060 Shadywood Road LR-IC None —40,436 150 x 270 2.7 0.0 55.0 25,553 4,024 25.0 10.0 4365 North Shore Drive LR-IB 2728 #4714 43,150 115x385 9.0 4.9 NA 20,015 4,156 23.6 11.4 2200 Shadywood Road LR-IC 2628 #4564 16,941 51X 320 6.2 6.2 16.5 9,502 1,847 25.0 13.0 1520 Bohns Point Road LR-IB 2719 #4708 36,753 102 X 365 5.0 5.0 29.3 18,117 3,911 24.2 11.6 ■ ••V< » > > ^V Lakcshorc Lots with Tcardowi/Rebiiild: Pormits Issacd 1-1-1999 thru 11-31-2004 (Variances in Bold Typeface) Addreu Zoning Distnct Zoning App# Resol. # Lot Area Lot Dimensions Width X Depth EB“>250' Hardcover Lot Coverage Approved % 0-75' Existing (H) 0-75* Approved (%) 75-25(y Existing (%) 75-250’ Area Approved Footprint 75-250’ Approved (%) 1^... . • ^ , j,’ i.,, . 3510 Bayside Road LR-IA 2396 #4135 59^230 X 260 0.0 0.0 16.6 50,220 4,220 21.7 7.4 2515 Kelly Avenue LR-IB 2428 #4201 43,170 115x360 6.3 63 29.5 22,695 4,712 24.8 10.9 3260 Bohns Point Lane LR-IB None —52,591 200 X 230 ?0.0 7•37,794 5,616 25.0 10.7 3480 North Shore Drive LR-IC 2468 #4274 9,560 48x190 1.6 16 45.0 6,654 1,721 30.2 1721/18.0 1725 Bohns Point Road LR-IB 2419 #4169 127,382 320 X 360 2.4 2.4 6.7 61,281 10,366 24.9 8.1 1130 Loma Linda Ave LR-IB 2363 #4098 19,065 95 x 200 0.0 0.0 15.2 10,523 1,811 25.0 9.5 2683 Casco Point Road LR-IC 2406 #4157 20,230 90x215 4.7 4.7 13.8 13,465 2,757 25.0 15.0 ibOO-V'-^^ . - " ■ '''. - . 809 Brown Road Noidi RR-IB None —245,225 300 x 800 0.0 0.0 0.0 80,466 NA 0.0 2.0 1392 Bahhir Paric Road LR-IC 2559 #4462 30,800 120 x 250 7.5 3.5 29.1 15,190 3,428 34.2 11.1 2696 Caroline Avenue LR-IC 2651 #4613 33,076 120 X 270 0.0 0.0 < 25%22,500 4,462 25.0 13.7 1687 Concordia Street LR-IC 2581 #4477 14,313 50 x 285 26.3 20.4 24.7 8,847 2,150 27.2 15.0 1875 Shai^nvood Road LR-IC 2796 #4835 36,040 260x139 2.3 23 22.1 16,920 2,496 28.9 6.9 2130 Shadywood Road LR-IC None —31,230 106 x 294 ?0.0 ?«18,720 3,355 25.0 10.7 6841onkawaRoad LR-IB 2599 #4504 29,564 85x350 20.1 7.7 34.9 14,878 2,947 24.9 12.0 1405 Rest Point Road LR-IC 2556 #4430 13,238 124x107 16.3 22.4 13.6 3,731 1,985 18.8 15.0 3532 !vy Place LR-IC 2636 #4671 21,500 99x215 2.0 0.0 50.4 13,183 2,670 25.0 12.4 3349 Crystal Bay Road LR-IC 2593 #4512 4,901 50x118 27.0 29.0 48.0 2,052 1,082 47.0 1,082 sf I .Aoat flt n»^Ttl ‘»«ur'aH*Mfl>iaJtn<V»lilillir>ltf|gllllll il> II II J Appllcttlwi Submitted; Dcccaibtr 22,2P04 lacMapM* Letter: jMnry4,20H AppHcatteaCMMittetc: JmMry II.2M5 rf" M-Dty Itevtow Bi|rtnittM (Site Pteh ): Merch 11.2005 - EitCMlcd m 2-15^ to 5-10-05 120 Day Review lipinttea (Sup Oh Wee): May 20.2005 REQUEST FOR COUNCIL ACTION Date: April 8,2005 Item No.: 5 DepartoMBt Approval: Name: Michael P. Gaffiron Admiaistrator Approval: Title: Planning Director Agenda Sectioa: Zoning Item Descripttoa: «0S-3081 ‘*Stonebay Lofts” • Outlot E, STONED AY (“2670 Kelley Parkway ”) Final Documents Approval: 1) Resolution: Preliminary and Final Plat Approval 2) General Development Plan Approval for PUD No. 4B 3) PUD No. 4B Agreement and PUD/Development Contract .* » m AppUcatlOR States: On March 14Council tabled this item pendingreceiptoftheplatmylars. Council briefly discussed ttie changes diat had been made to the landscqie plan, and discussed site lighting, noting thatall exterior li^itingmustbedown-cast. Itwasalso noted diat the developers agreemoit should include a condition tfiat iU City requiremente must be met prior to homeowners associ ation taking over control of the property. Since Maidi 14, wehave received final buildingplans (attached), and two additional concerns have been brou^ up: 1) Fire Marshal has requested that the easterly exterior sidewalk be constructed with a sub base that could support an emergency vehicle if necessary (^licant has indicated this should not be a problem) tfds will; and 2) The main lifting fixture is placed in the main lobby glassed entrance should be of a character that does not provide excessive light to the outside. The above provisions have been added to the (qjpropriate sections of the PUD No. 4B Agreement (See * Additkmal Conditions* secfioi ofDevelopment Agreement Page AP-6). At the end of the ‘Additional Conditions* section we ha^ also included a ‘Covenants* provision that requires notification of Lofts unit buyers of the proximity to Public Works. List of Exhibits A • Firud Building Plans ‘ B - Council Minutes 3-14-05 C-StaffMemo 3-11-05 D - Final Documents fin* Approval/Adoptirm: 1) Resolution: Prelimiiuuy and Final Plat Approval 2) General Development Plan Approval for PUD No. 4B 3) PUD No. 4B Agreement and PUD/Development Connect ^ - K -JL.------J r ^ I ■ StMNbay L*Ra April 1,2005 Pl|*2 >/» V , Staff RccoDUMndatloB Staff recommends that Council take sqiarate actions to ^rove the following; Motion to adopt Resolution Granting Preliminary Plat Approval and Approving the Final Plat of Stonebay Second Addition - File #05-3081 Motion to adopt Resolution Granting General Develcqrment Plan Approval for Planned Unit Development No. 4B forZb Construction, bic. and John Terrance Homes, LLC - File #05-3081 A. Motion to accept the language of die PUD NO. 4B Agreement & PUD/Development Contract The above documents are subject to final review and accqitance by the City Attorney. COUNCIL ACTION REQUESTED Take action u noted above regarding the duee documents. ; *., • 1- ^ ■> •. . '■'v' ii>} •-.A*- * v'’ "sy'--v •' . j'r. ' Ilf ill iriilfiittii i I • L ’-:'■■■ :'.^ V as ' -^r Jp'llS k ■ ,'• ♦ MOtTW © ^1Piff i -i S II I r \ ^ V-.- .--•■I-.'--. ir0' ■■: , HOiTM © zisI;kh §! 5§! j iii s % 4l , S mmmsmmrnmimm?r:. Lr \-A: •' ^sr •v:hv :- ..7-.v.:,v..i-i’’iv -t^'’ ;• [ r ii!' MOITN ill m ©i vr” ■»- 'v-''' 'aH' yi^r^$m i?/; ^ -. ; ^-- • I-:.- -, rV* V V * ' *v V* Sr ...........(S il('^ ;«•!a •^.1 ■V, ILJf 1 0«c% 1 rrr...11 X ; i Pmmm k»V«ilf •• L 1 ^ rlTfl iv **’ Aftpen P^nthoufta »uthi Cornmr LuxurM Unit inn#.’i ••'X‘ UNIT COUNT F.IrriMOOd Panthouea •xpfiindadj Mtm NMi SoOthMest 8Sin..*tt tMr«»lMr Aftpen K&n.r«A»pan Panthouse N^^thaoftt icr.-.t; A»panAftban PantKauaa NB A»ban Panlhawta §H SlmMaaa HadiaInfiMaad Madia Bawth IlmMoad Panthav^a MaaiaNaad ^asKsjs ‘s*''' Ca^nar Lu»wryMoplaMaad Panj^^^v^a Tatal Uoik» m •«••••••»•••« HI 3^ rwm\ t........ juici — \ ssr* <a j-,. • I »*••••••• □ □i Is.. U««iif •• Mk^ »<»%>««% ts«i CiJ I OolCHOod Clmnaad Panthauaa m • ump*CImMaad MadiaK&n^nr Elmwaad Media Soyth ym M. M0 0««4 M. •! «ar.. t, n •-•••♦••••a 00^03 o o sp 0000 D via:7 Caaiaynll^ Bpoca / Bvaraiaa / auaat St/iia GQ 0-,ti WT « — ^ - —, ki»*k « * »•}iAr«*^ •• BP"?l ir i jsr* ter tf "S 1 iMiaa. A%< «•«•««•*« •«*« M< »a4% Maplai^aad MaplaMoad **{1 Maplanaad " » ovaf antru m^^J^rilr^ mm •#. Mt MapiaHdad 4^a<Sss^s"** iff !llSllKl! i! I gt!iiJ lOSm Maplenooc 1636 kp. L mb Elmwood Penthouse \30b S.F. iMiiliEuaABI I irmrltoitfiltl ? • > , , . 4 f: . >■■'■ . - • *j;> 1 vVVfi^v^- Deck 3-6 X 3 Sun Porch n X 6-6 -■ 1 r ■ ElmiNcod Media \S0b S.F. " ----^— V*; Ml.m •\-v*'-^. ; - -S-.if u ■n h*- V '• j^.,.,W ri'--iV:\ \ •' • ‘. , C- •V ■■:--f3l I- • ^1.•.•.■■•;’ ■^'’■•'V . . • vAw >.vV- ■ U iUV . U . ..u-.;.;.:. -vr Aspen ' -Bth !”l 12 X 12P1 ^ 1 / _ ).! ii L ld»» d.F *--*• -**-r.f. ■ I -,>c- II / minutes OF THE OEONO CITY COUNCIL MEETING Monday, March 14,2005 7:00 o’clock p.m. (005-3080 Interspace West, Contfaned) Binett ststed die City csn require that whatever buildings are started are completed, but diat he is unsure what interest the City has in requiring that all ten units be constructed. Mrs. Carlson noted that die street and utilities wouldbeput inpriorto all the buildings being constructed. Carlson commented they are anticipating this project would be completed within two to three years. hb*. Carlson pointed out die lot would be landscaped as the buildings are being constructed. Mnrphy moved, Mdtfillan seconded, to direct staff to draft an approval resolution for Application M5-3080, Interspace West, 2060 Wayzata Boulevard West Murphy requested Staff outline the steps in the approval process. Oundlach staled Staff would prepa re an approval resolution containing all of the issues discussed tonight and previously, which would come back tefore 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 whedier 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 fliat issue would be included wifliin the resolution. VOTE: Ayes 3, Nays 1, Sansevere opposed. Sansevere noted he was opposed to the rpobon because he would like to see the revision to the roofline prior to approving the concept plan. 9. #05-3081 ZB CONSTRUCTION, INC, 26XX KELLEY PARKWAY (OUTLOT E, STONEBAY) - RPUD - FINAL DOCUMENTS REVIEW Amie Zachman, ZB Construction, and Steve Johnston, Stonebay, were present. Muifdiy indicated he has had an opportunity to visit this site and diat he is impressed widi the landscaping in the back of this development. Murphy inquired how many buildings in die front are occupied or sold. Johnston stated dwy have two models in the that have not been sold yet. Gaffron stated at die last meeting the Council had directed Staff to draft approval documents and resolution. The Council had requested additional screening or 'tedging to buffer the headlights from the parking stalls, which die applicants have provided. Gaffron indicated in his view die plans are in , compliance with the City Council’s requests. i t ' PAGE 13 < f Hi H ) i i i. . . i s lit! --------- -fc. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14,2005 7:00 o’clock pjn. (005-3081 ZB ConitractioD, Inc., Continned) OaffioD rtatffd before the Council toni^t is a resolution giving preliminaiy and final plat ^proval. general development plan approval for PUD No. 4B, and PUD No. 4B Agreement and PUD/Development Contract GafBron stated the City does require mylars prior to final plat approval, noting that the county has not yet approved those. Gaffron further noted Oat release of this project would not happen until all aspects of die project have been completed. Qaffron noted the documents have been provided to the City Attorney for his review. Barrett he does have a few minor comments but that there are no substantial changes to the documents. McMillan inquired whether Staff feels there are any issues that the Council should discuss. Gafifron stated individuals would be purchasing and owning separate units, with a conunon interest community plat being developed dud describes and creates the individual ownerships. Gaffron stated the City is not involved in that aspect of this project Gaffron noted there would also be bylaws and covenants for diis development, which the City would be reviewing. recommended that potential purchasers be informed that there is a public works building at^acent to diis lot and that dim is the possibility for noise. Tactiiwaw indicateH potential purchasers would be informed of that as well as the fact that diere would be offices across die street McMillan inquired what type of lighting would be on the building. Tnhmaw stated they would be installing a 60-watt bulb on each of the decks, a light over the entrance to die g«fge and die fire doors, and a chandelier in the fimit entryway. White inquired whether die deck lights would be downcast stated the lights would work off a switch and would be an exterior type light McMillan inquired whether any lighting along the sidewalk was being planned. Tachman stated diey have not discussed that. McMillan suggested die applicant consider installing low voltage lighting along the sidewalk. Tar-hniaw indicated he would be willing to incorporate the low voltage lighting along the sidewalk. White suggested the ^iplicant consider utilizing I S-watt bulbs rather dian 60-watt bulbs on the decks. Zaohman stated they do currendy utilize 15-watt bulbs in the hallways. PAGE 14 I ! I ) i III i / t > fc:; ' , rdA i.t t'Wt W hr'-':- si-. MINUTES OF TBE ORONO CITY COUNCIL MEETING Monday, Marck 14,2005 7:00 o’clock p.m. (#-05-3081 ZB ConitnictioB, Inc, Continned) Banctt inquired what tiie ownenh^ percent has to be prior to the homeowners association taking over control of the property. Zachman indicated 70 percent. Barrett noted that the City should ensure that all requirements have been met prior to the property being turned over to die homeowners association. Oaffion stated duit should be added to the documents. Oaffron inquired whether there would be a monument sign for this development. Zachmsn stated they would be putting a sign near die entrance to this development. Whits moved, McMOlaa socondsd, to table Application #05-3081, ZB Construction, Inc., 26xx Kelloy Parkway (Ontlot E, Stoncbay) - RPUD - Final DocumenU Review. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Murphy noted die City Administrator, McMillan and himself would be meeting on March 16*^ with Gabriel Jabbour and die veterans to discuss the Big Island matter. Muiphy sUted diey are anticipating agreement on the purchase agreement, which is ctmtingent upon the funding from the legislature. Murphy inquired adiether die anaoking ben would include die Narrows Saloon. White stated it would. Murphy inquired whether the Orono PoUcc Department would be monitoring that Moons mdiosted the Hermqiin County Healdi Department would be monitoring that. McMillan noted die Mmnehaha Watershed District is requesting one representative and alternate be DDointad from Orono. McMillan suggested this item be discussed at die next Council work session. PUBUC 8BRVICB DIRECTOR’S REPORT PAGE 15 f I Aisui. I I i , i i J :h AnMIntiM SabmltlMl: December Z2,2004 Incomplete Letter: Jmoary 4,2005 Applkotleo Complete; Jonary 10,2005 M-Day Review Eiplnthw (Site PUa): Marck 11,2005 - Eitendcd on M54I5 to 5-IIMI5 120 Day Review Biplration (Snbdivlilon): May 20.2005 C REQUEST FOR COUNCIL ACTION Date: March 11,2005 Item No.: Dqiartment Approval:Administrator Approval: Name: Michael P. Agenda Section: Zoning Title: Planning Director Item Description: #05-3081 “Stonebay Lofts” - Outlot E, STONED AY (“2670 Kelley Parkway”) Final Documents Review: 1) Resolution: Preliminary and Final Plat Approval 2) General Development Plan Approval for PUD No. 4B 3) PUD No. 4B Agreement and PUD/Development Contract Application Status: At the February 28 meeting on a 5-0 vote Council directed staff to draft the qipropriate ^yproval documents and resolutions, for review and adoption on March 14. Council also indicatedaccqitanceoftherevisedparkingplan, acceptanceoftheproposal for asingle elevator, and indicated that additional landsr^ing be added 1) between the front paridng lot and the road, peihaps a hedge or all-season plantings to shield headlights; and 2) between the front parking lot entrance and the southeasteriy units where headlights would potentially impact those units. List of Exhibits A - Revised Landacqie Plan - 3/9/05 B - Sheets C2.3 and L2.1 from Original Stonebay Approval re: Berm Adjoining Public Works C • Notice of Council Action 3-4-05 D - Final Documents for Review and Discussion: 1) Resolution: Prelimiiuuy and Final Plat Approval 2) General Development Plan Approval for PUD No. 4B 3) PUD No. 4B Agreement and PUD/Development Contract Revised Lmdscapiug Plau ^iplkants have submitted a revised landscqre plan that incorporates additional plantings at the southeast comerofthebuildingandbetweenthepatkmglotandKelleyPaikway,parCouncirsdirection. Thenew plan cuts in half (from 12 white spruces to 6) the additional screenin^buffering the Developer had earlier proposed to supplement theberm vegetation next to the Public Works site. However, that siq>pl«nentai screening vras in addition to the substantial screening (Exhibits B) required to be provided by the Stonebay developerB,andthecunpentreduction8tiIlmorethanmeetsCoderequirement8. Council should review this latest submittal and conclude whether it is acceptable; Staff recommends approval. StoMbay Lofli March 11,2005 Page! Approvil Docmncnti Staff is advised that the County plat review is still underway and the mylars will not be available for signature at MondiQ^’s meeting. Per our standacd procedure, final plat approval will not be granted unless the County-accepted mylars arc at the meeting; hence adoption of the final plat resolution should be delayed. However, Council diould take this ofqxntunity to review the final developmoit documents and determine whether they address all topics or issues desired to be established by Council. Salient points for each document are noted below. Resolution: Preliminary and Final Plat Approval Because the plat involved a triangularpoition of Stonebay Outlot F being inooipoiated with die Lofts propeity, thisbecamemore than just a final platting ofOutlot E into abuildable Lot. Therefore, this resolution grants both preliminary and final plat approval. Theresolution is written such diat theplat cannot be released for filing until the PUD No. ^ Agreement has been executed by the Develc^io; and all other requirements have been met. Resolution; General Develppment Plan Approval for PUD No. 4B The resoluti(Mi defines the following fees to paid by the Developer in relation to this development (die formulas for these fees were defined in the original Stondi^ approvals): Storm Water and Drainage Trunk Fee: $ 94,404 Sewer & Water Cormection Charges: $241,157 Park Dedication Fee: $ 182,250 The resolution defines and identifies the specific preliminary plans which Council has approved, and addsperdnent conditions or references conditions which will are enumerated in the PUD No. 4B Agreement. 7 I V • The resolution establishes review procedures for changes to the plans i f they become necessary or are proposed. The resolution estifolishes that Council may nuUifydie approvals ifsubstantifd devel has not occurred within one year. r- I ■ ■ 1 : i i I i--------i,. IT F' S(«N«bay Lefts March 11,2105 Pata3 PUD No. 4B Agreement and PUD/DevelJ W 0 UH! I I l*Jtl This document establishes detailed devdopment requirements for the property, and legally obligates the developer to abide by those requirements. The Agreement requires the Developer to post a Letter of Credit to guarantee the City the ability to complete certain improvements if necessary. The language includes the “Owners” (John Terrance Homes) as a party to the Agreement because ceitainofthe improvements required for the Lofts were required to be completed by Owners or are located on Outiot G to the east (Cascade Lane) and require cooperation or approval of the Owners. Staff RccoauMadatioB Staff recommends that Council review the revised landsoqring plan and each of the provided development documents. TheCity Attorney has not provided review comments as of this writing, hence the documents are subject to his revision; additionally, the Developer will have not received these until 3/11/05 at the earliest, and the DevelopCT and Owna may have comments or revisions. Staff would advise Council not to adopt die final plat approval resolution since mylars are not available yet, as this has been the City’s consistent practice. However, if Council finds that all topics or concerns have been fiilly addressed in the document language. Council could take the following actions: 1) Motion to accept the language of the PUD NO. 4B Agreement & PUD/Development Contract 2) Direct staff to finalize the language of the two resolutions for adoption on March 28. COUNCIL ACTION REQUESTED Review and provide direction regarding the revised landscape plans'i Fit Take action as noted above regarding the documents. *■—• r- Draftin 4-S-OS *; V "s-. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL AND APPROVING THE FINAL PLAT OF STONEBAY SECOND ADDITION - FILE #05-3081 WHEREAS, the City ofOiono is a municipal coiporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted subdivision and land develq)ment regulations for the orderly, economic and safe development of land within die City; and WHEREAS, theCity Council has considered the iqiplication by ZB Construction, Inc. (hereinafter “Developei'’) and John Tenance Homes, LLC fin* subdivision and development by the Planned Unit Development process of property located at 2670Kelley Parkway and legally described as follows: Outlots B and F, STONEBAY, Hennepin County, Minnesota (hereinafter “the Property”); and WBKRBAS, on Jamuny 27,2003 die City Council adopted Resohidmi No. 4915 granting General Development Plan Approval for Planned Unit Development No. 4 (PUD No. 4), and on >^ril 28, 2003 the City Council adopt^ Final Plat Approval Resolution No. 4955 ,which approvals included the following elements: 1.Creation oftheplatofSTCH^lEBAY including Lots, Blocks, and Outlots for immediate and ftiture phased development for residential and non-residential uses; 2.Rezoning of the portion of property north of Kelley Parkway to RPUD Residential Planned Unit Development District; 3. Establiahmoitofconditions for development within PUD No. 4; and Page 1 of 5 WHEREAS, the Developer has agreed to execute the Planned Unit Development No. 4B Agreement which sets forth terms and conditions for the development of that element ofPUD No. 4 known as the Stond)ay Lofts which encompasses Outlot E and a portion of Outlot F of STONEBAY; and WHEREAS, the Developer has submitted preliminary plat and flnal plat drawings fora re*plat of Outlots E and F, STONEBAY, to create a new plat entitled STONEBAY SECOND ADDITION crm^Mrised of Lot 1, Block 1, for the purpose of construction of the Stonebay Lofts, and Outlot A, fi>r the purposeofftiture residential development only upon further subdivision approval to convot Outlot A to a buildable Lot, as approved in the PUD No. 4 Agreement; and WHEREAS, the Developer has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 4915. 2. DedicationontheplatofperimeterDrairuigeand Utility Easements forproposed Lot 1, Block 1. 3.Designation and dedication on the plat of wetlands subject to City and other agency Jurisdictkin, sut^ to foe existing Flowage and Conservation Easement over said wetlands. 4.Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management fodlitiesplan for further devdopmentoffoe Property. 6. PajTOcnttotheCityofDevelopmentFeesasenuroetatedinResolutionNo. Granting General Development Plan ^iproval for Planned Unit Development No. 4B. 7.Payment to the City for the legal review and filing of the plat documents, agreements, nents and covenants in the amount of $280.00 plus incurred review and filing costs. 8.Payment of the Final Plat Review Fee in the amount of $250.00 plus incurred legal, engineering and planning consultant charges. 9.Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Prcqierty. Page 2 of S V. - V V . ' v<^* :S' 10. Provision of final copy of the individual Stonebay Lofts Conununity Declaration. 11. Execution of the Planned Unit Development No. 4B Agreement which sets forth terms and conditions for the development of Lot 1, Block 1, STONEBAY SECOND ADDITION, providing for the installation of certain private improvements, and which agreement documents tfie general and detailed conditions for use and development of the Property. NOW.'THEREFORi; BE IT RESOLVED thatbased on the findings ofResolutionNo. 491S and file additional findings noted herein, the City Council of the City ofOnmo does her^y qiprove the plat of STONEBAY SECOND ADDITION, Hennepin County, Minnesota subject to the following conditions: 1.l^ion file final approval and execution of this resolution and the Planned Unit Development No. 4B Agreement, the City Council shall formally iqiprove an ordinance to amend the Orano Zoning Code by adding language establishing Planned Unit Developmoit No. 4B (PUIMB) to include all portions of the property. 2.l^n ^iproval ofthis Resolution and completion by the Developer of the requirements set fafii in fins resohiiion the City Council 8^ direct the Mayor and Geric to execute other documents required for PUD-4B, subject to qiproval by the City Attorney. 3.The City Cleric shall release the plat documents for filing only upon certification by the City Attorney that: a) all requirements of the platting regulations have been satisfied; and i' ‘ r y.- <I the language and provisions of the PUD No. 4B Agreement have been found satisfactory to the City Attorney and has been formally executed by the Developer. .'K >' • 4.The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before October 11, 2005 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. Page 3 of 5 iVi ttne sHii^iifinitni '. .^r- r. 5 - ».v :-v .•'••/. / ' / f • > ^ V 1.' ■ ^ f The lyipiDval granted by fliit Renriution diaU aqnie if Ac oonditkms ofdiis ResoIutKMi have not been met ordieplethasnotbeenfiledbythedateq)ecified above, hi that event, it will be necessary to fileanew ^iplication with the Qtyof Orono for subdivision review. ■in. Adopted by the City Council of Orono this 1 Ith day of April, 2005. ATTEST: r'-r ’V-.:* Linda S. Vee, City Cleric /Barbara A. Peterson, Mayor 4 ■ •-'I:. slit#'--. :: ' f ^-!jr .fI* _ :■?».' .-.m- mMHi ■■ ': ■’ ,'V ■■ - . V. Hi.' ' • v, • ■ . *JL * f • Vv • ■.-.f 4' ;ffvv' a-.’"’ .• ^ ’mi \ . Page 4 of S - ..i .l,w.......^-*lmii ‘ filgiid STATE OF MINNESOTA CXHJNTY OF HENNEPIN l 3 The forcing iiutnmieDt was acknowledged before me on this___dayof..2005 by Baiban A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed <m bdudf of the City. ■ ■ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN .2005The foregoing instrument was acknowledged before me on this dayof_______ by Lindas. Vee, CityCledcoftheGtyofOrono, aMinnesotamunic^ cmporation and said instrument was executed on behalf of the City. mm feili Notary Public [■ • ''V' li-m. 11^ N fc mm. ■i: Page 5 of 5 mm .A • .l’* ■. , ■i. Dtaflfl 4-MS A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 4B FOR ZB CONSTRUCTION, INC. AND JOHN TERRANCE HOMES, LLC • FILE #05-3081 WHEREAS, dw City of Qiono is amimicipal coiporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted land development rqiulations for the orderiy, economic and safe development of land within the City; and ; V 'WHEREAS, ZB Construction, Inc. (hereinafter‘Developer^*) has an interest in property owned by John Tenance Homes, LLC (hereinafter “Owner'’) located at2670 Kelley Parkway and legally described as: Outlets B and F, STONEBAY, Hennepin County, Minnesota (hereinafter “the Outlots”); and WHEREAS, the Developer and Owner have made application firrare-platofthe Outlets to create a new plat to be known as STONEBAY SECOND ADDITION, comprised of Lot 1, Block 1 (hereinafterthe*Tropeity''),fortheputposeofcon8tructionoftheStond>ay Lofts, and Outlet A, forthe putpoaeof future residential development, as qrpfoved in thePlannedUnitDevelopment No. 4 Agreement; WHEREAS, the City Council has considered the rq)plication by the Developer for development of the Property by the Planned Unit Development (PUD) process; and WHEREAS, on January27,2003 the City Council adopted Resolution No. 4915 granting OenendDevdoproent Plan Approval firr Planned Unit Development No. 4(PUD No. 4), and on April 28, 2003 the City Council rulopted Final Plat Approval Resolution No. 4955,which rq>provals included the following elements; Page 1 of 7 A 1.Creation ofihe plat of STONEB AY including Lots, Blocks, and Outlets fi)r immediate and future phased development for residential and non-residential uses; 2.Rezoning of the portion of property north of Kelley Parkway to RPUD Residential Planned Unit Development District; 3. Establishment of conditions for development within PUD No. 4; and WHEREAS, the Applicants have agreed to execute Planned Unit Development No. 4B Agreement providing forthe installation of certain improvementsasaconditionofsiteplanqjproval fordie construction of the StondMy Lofts, a 57-unit residential condominium building, and which Agreement documents the general and detailed conditions for use and development of the Property; and WHEREAS, the Developer has completed or has agreed to complete all other requirements of the Zoning Code and related Ordinances of the City including: 1.Submittal of Minndiaha Creek Watershed District (MCWD) permit approving the erosion control, grading and stmmwater management facilities plan for the development of the Property per a Grading, Drainage and Erosion Control Plan to be submitted by the Developer subject to approval by the City Engineer. 2.Payment to the City of Stormwater and Drainage Trunk Fees for the development of die Property in the amount of$94,404based on the following formula as established in Exhibit M of the Planned Unit Development No. 4 Agreement: Trunk Fee, 2005 Fee Schedule “ $5,825 per ecre Oroes acreage of Reaidential portion of STONEBAY > 41.55 acres Subtotal Reeidential SW&OT Fee - 41.55 x $5,825 - $242,029 Tranafer from commercial: Graaa commcrdal SWADT Pee: 9.90 acres x S6,65S/acrc - $65,885 Net commrciai SWADT Pec: 7.19 acres x $6,655/acrc - $47,849 Transfer to RasMcattal - $65,88$ - 47,849 - $18,036 Total Stonebay Residential SWAOT Fee - $242,029 + 18,036 - $260.065 Proration: Lofts units / total units " portion due for Lofts Lofts~57units Total units (after Lofts reduction) ■■ 157unitt 57 / 157 - 0.363 X $260,065 - $94«4M Page 2 of 7 Iir iftanihuii fel 1 I-3 3.Payment of Sewer and Water Connection Charges for the development of the Property in the amount of $241,157 based on the following formula as established in Exhibit M of the Planned Unit Development No. 4 Agreement: 1989 Hwy 12 Area Sewer Connection Charge (2005 Fee Schedule) = $S,6SS/acre 1989 Hwy 12 Area Water Connection Charge (2005 Fee Schedule)" 89,355/acre Subtotal Sewer and Water Connection Charges SI 5,010/acte Residential total area * 44.26 acres 44.26 acres x SI5,010/acre « S664.343 Total S&W Connection Charges Prontion: Lofts units/total units "portion due for Lofts Lofts" 57 units Total units (after Lofts reduction)" 157 units 57 /157 - 0J63 X S664.343 - $241,157 4. Payment of Paric Dedication Fee for Development of the Property in the amount of $185,250based on the following fonnula as esUriilished in Exhibit M of the Planned Unit Development No. 4 Agreonent: i« * BslabKdied value of residential portion of Stonebay «• $4,622,083 8H Park Fee - 0.08 X $4,622,083 - $369,767 Min/nuu range check: (must be between $3,250 and $5,550 per unit) $369,767 /157 units “ $2355/unit (below required min/max range) Minimum Fee applied: 157 units x $3,2Sfl/unit “ $510.250 Pioration: Lofts units / total units " portion due for Lofts 57 units X #3,2S0/unit - SltS^SO WHEREAS. City staffand consultants have reviewed (he plans forthis PUD application and hereby specify approval or conditional approval of each attadied plan and identify them as part of the official record for Planned Unit Development No. 4B: 1. ^iprovalofsite plan per‘‘Preliminary Site Plan" Sheet C2.1 dated2/21/0S. !•2.Approvalor*Preliminary GradingPlan" per Sheet C3.1 dated 2/21/05, subject to any additional requirements of the Minndiaha Credc Watershed District and subject to any additional requirements and conditions spedfiedltyfoeCityEngineer upon revtewoffinal plans. 3.Approval of‘‘Preliminary Utility Plan" per Sheet C4.1 dated 2/21/OS, subject to any additional requirements qiecified by the City Engineer upon review of final plans. V- Page 3 of 7 m ■JudlUk P-. 1 ^ **•**•' • - * ■ *1 . '■■V ' '^ . t 4. Approval of “Preliminary Landscape Plan” per Sheet L2.1 dated 3/9/05, subject to conditions established within the PUD No. 4B Agreement 5.Approval of conceptual floorplans for the buildingper the “Concept Layout” by Bruce Lehrer Architects, (undated) whidi include 57 dwelling units and one guest unit, a single elevator located near the mir^int of the building, and lower level parking for 95 vehicles. 6.Approval ofbuilding exterior elevations and materials per Sheet A-2 by Bruce Lehrer Architects last dated 1/21/05, subject to submittal of facade elevations for all sides of the building to be similar in variety and percentage nux of materials to the facades shown on said Sheet Building materials required by this approval are as indicated on said Sheet A-2 and shall include architectural shingles plus both a light and dark stone mixture on the fiwades as shownby the shading on the plans. Roof lines and variety of roofheights, etc. shall be as shown on said Sheet A-2. Final plans submitted for buildingpennitissuanceshall be reviewed by the Planning Director for consistency widi diis qiproval, and any significant changes not consistent widi this approval may require Council review and aj^roval at the diacretionofthe Planning Director. Any proposed exterior signage or site lighting shall be subject to City review and iqq|)roval prior to installation. NOW, THEREFORE, BE TT RESCH^VED diat based on the findings of this Resolution, die City Council ofttie CityofOrono does herd)y grant General Developmoit Plan Approval for Planned Unit Development No. 4B, subject to the following conditions: 1.General Development Plan Approval is granted subject to conditions established within this Resolution and subj ect to die conditions established widun the Planned Unit Development No. 4B Agreement and other pertinent documoits. 2.Upon the final approval and execution of this resolution and the Planned Unit Development No. 4B Agreement, theCity Council shall formally approve an ordinance amending the Orono Zoning Code by adding language establishing Plaimed Unit Development No. 4B (PUD-4B) to include the Property. Page 4 of 7 ■iili mi i'll ■ t •• A , }. IJ rr~ n 0 /.I l;:i M kl ■■•■.* r' s - r . ' I ’• * > [•h ■a 0 3.l^pon approval of this Resolution tiie City Council shall direct the M^or and Geric to execute the *Tlanned Unit Development No. 4B Agreement** and associated documents subject to approval of the City Attorney.. 4.Minor changes in the location, design or footinint of the building may be authorized by the Development Review Committee if required by engineering or otfier circumstances not foreseen at tile time the final plan was qiproved and filed with the Planning Director. 5.Significant changes in the location, size, or height of the building, and any other changes to the approved final devdopmentplan deemed by the PlaruiingDirector to be significant may be made only afterieview and appro^bythe Council Any changes shall be recorded as amendments to the recorded copy of the final development plaa 6.Ifsubstantial development has not occurred within one year after rqiproval of PUD No. 4B as set fiwth in the Planned Unit Development No. 4B Agreement, the City Council may declare the approvals granted witiiin this resolution and within said Agreement as null and void. 7.Theapprovalsgranted intius ResdutianshaU become efiective only when all conditions ofapproval requiring actions by the Developer have been satisfied. Adopted by the Gty'CbuncU of Orono this 11th day of April, 2005. ATTEST: Linda S.Vee, City Clerk Barbara A. Peterson, Mayor DevelqMr (Oi behalf ofZB Cbiurtniclion. Inc.) Owner (On behnlf of John Temnce Homes, LLC) Page 5 of 7 * . final ■■ li 71 in mfii I M S n- ■ r: f ■: f.i ! ; 4 '.< -• . ■ • ^ ,!,r ‘t r i.‘ :-• .V *> i ■ ' • • ‘ ' ' c X [ . ■ ■ /ryt • r ,-r.•L‘ ■■ ><{S.%,:a <,:-j * "j h*dr 4 STATE OF MINNESOTA CX)UNTY OF HENNEPIN The fbrqgoinginftniinent was acknowledged befinemeontfiu__day of ^2005by BaibaraAPMenon, Mayorofdie City ofOnmo,aMinne8otainunicipalcoiporation and said instniment was executed on behalf of the City. ; .-4 f# Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ^2005 byThe forgoing instrument was acknowledged before me (m this_day of______ Linda S.Vee^CityCleikoftfieQtyofOrono,8Minne80tamunkipal corporation and said instniment was executed on bd^of die City. Notary Public * !■ r:„*; '* ■' 'K •, • V m5Vv-Page 6 of 7 ■m . ' • • i i ' r ■ I STATE OF MINNESOTA CX)UNTY OF HENNEPIN On this day of .20 petaonally qipeaied before me, ____who is personally known to me ____whose identity I proved on the basis of. whose identity I proved on the oath/affirmation of. credible witness .a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. >■ .-.r illi r Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 personally ^ipeared before me, ____who is personally known to me ____whose identity I proved on the basis of. whose identity I proved on the oath/affirmation of. credible witness a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ¥■ Notary Public Page 7 of 7 ----------a Draft #3 4/8/05 Wilili s emmi CITY OF ORONO HENNEPIN COUNTY, MINNESOTA <c. STONEBAY LOFTS Hi-.-::mamimMif^-.' PUD NO. 4B AGREEMENT & PUD/DEVELOPMENT CONTRACT (Developer Installed Improvements) rfK':. 'W ■ 'mrnma- V Vv;-- ■•<■ ;SS‘w ■ V-3-^::-.: v iiSfeii mtwamm% ; .' sSi - '■ r. i ;:r:' ^ H^..:^SaSiKBigSff mr ■■ ;^VSA. ■ 'gir. • ilL"<V. r- TABLE OF CONTENTS AGREEMENT PROVISIONS PAGE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. yvun 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. PROPERTY DESCRIPTION....................................................................................SP-1 ZONING ...............................................................................................................SP-2 PERMITTED USES.................................................................................................SP-2 SITE ACCESS.......................................................................................................SP-2 DEVELOPMENT PLANS........................................................................................SP-2 IMPROVEMENTS .................................................................................................SP-3 CONSTRUCTION OF IMPROVEMENTS.................................................................SP-4 PERFORMANCE SECURITY.................................................................................SP-5 FEES AND EXPENSES ..................................................................................... SP-5 NOTICE................................................................................................................SP-5 ADDITIONAL CONDITIONS................................................................................SP-6 GENERAL CONDITIONS ......................................................................................SP-7 AL CONDITIONS RIGHT TO PROCEED ....................................................................................... GC-1 EFFECT OF SUBDIVISION APPROVAL............................................................. GC-1 IMPROVEMENTS ............................................................................................. GC-I IRON MONUMENTS......................................................................................... GC-2 RIGHT OF ENTRY............................................................................................. GC-2 SITE EROSION CONTROL................................................................................ GC-2 CLEANUP ....................................................................................................... GC-3 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................. GC-3 LANDSCAPING................................................................................................ GC-3 WARRANIY ....................................................... GC-3 MAINTENANCE .............................................................................................. GC-3 RESPONSmUJTY FOR COSTS ......................................................................... GC-4 PRIVATE UnUTIES......................................................................................... GC-4 DEVELOPERS REPRESENTATIONS AND COVENANTS.................................... GC-4 CITY REPRESENTATIONS AND COVENANTS ................................................ GC-5 DEVELOPER’S DEFAULT ................................................................................ GC-5 COMPLIANCE.................................................................................................. GC-5 BINDING EFFECT............................................................................................. GC-6 INCORPORATION BY REFERENCE.................................................................. GC-6 DISCLAIMER BY CITY..................................................................................... GC-6 HOLD HARMLESS AND INDEMNIFICATION.................................................... GC-6 CONTROLLING AGREEMENT ......................................................................... GC-6 SEVERABILITY................................................................................................ GC-6 WAIVERS/AMENDMENTS .......................................................................,.. GC-6 RELEASE..................................................................................................... GC-7 1 26. 27. ASS10NABE.ITY.............................................................................................. GC-7 MISCELLANEOUS r f • S * A. B. C. D. E F. G. R I. J. K. L Construction Trailers ................................ GC-7 Postal Service .......................................................................................... GC-7 Insurance .......................... OC-7 Construction Hours ................................................................................... GC-7 Noise Amplification ................................................................................ GC-7 Storm SeW Maintenance .......................................................................... GC-7 Soil Conditions ........................................................................................ GC-8 Soil Correction ........................................................................................ GC-8 Construction Plans .......................................................... GC-8 Certificate of Occupancy....... ...................................................................GC-8 Developer Retpomlbilities after Asfc.jnment to Condominium Owner* Association ............OC-8 Covenants ...............................................................................................GC-8 2'mr 'J L- • ^ - - . - . A' •^'3♦■fe''m":- 'vi •V \ •. t- .............. .v! -■ ^ V Of ■ W: 'mimfm ^ ' ' • *' M 'sBII IT'O >#1 \ i i 'y^' A v: i".a;o;®s:0:r :■' I <0!;'.f - - ' •/. *11ill CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 4B AGREEMENT AND PUD/DEVELOPMENT CONTRACT STONEBAY LOFTSH’M ■ {1, LOT 1, BLOCK 1, STONEBAY SECOND ADDITION ' DEVELOPER: ZB CONSTRUCTION, INC. OWNER: JOHN TERRANCE HOMES, LLC THIS AGREEMENT made and entered into this day of ^ 2005 by and between the CITY OF ORONO, amunicipal corporation organized and existing under the laws of the State of Minnesota (die "City”); ZB CONSTRUCTION, INC, a Minnesota corporation (the "Developed; and JOHN TERRANCE HOMES, LLC, a Minnesota Umited Uabi lity Coiporation (the “Owner'*)* WITNESSETH: WHEREAS, die Developer and Owner have made qiplication to the City for approval of a re-plat of Outlots E and F, STONEBAY, to be known as STONEBAY SECOND ADDITION which shall be ocmqiirisedofLot 1,Block 1 (hereinafter the “Property”), for the purpose of construction of the Stondiay Lofts, and Oudot A, for the purpose of future residential devel' pment, as approved in the Planned Unit Development No. 4 Agiement on file and of record with the City of Ctono; and WHEREAS, die City has approved the re-plat via Resolution No.)tedonApril8, 2005 on condition that the Developer enter into this Agreement and Contract and furnish the security required by it NOW, THEREFORE, in conskkratitxi ofthe premises, aid of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.Property DcscripCkML This Agreement and PUD/Development Contract shall apply only to the following described property located in Hennqiin County, Minnesota: Lot 1, Block 1, STONEBAY SECOND ADDITION (the “Property”) and Oudot G, STONEBAY ('Outlot G”) AP-1 J RT' Vc' ? 2. 3. 4. Zoning. The Property is zoned Planned Unit Development/Residential Planned Development (PUD/RPUD) subject to the provisions of City of Orono PUD No. 4 and the PUD No. 4 Agreement. Except as specifically modified herein, or as established in the PUD NO. 4 Agreement, the uses, requiremmts, and standards of the RPUD zoning district apply to the property. Permitted Uses. The only permitted principal use for the Property is a 57-unit residential condrniinium building. Within the Propertytheonlyaccessoiystnicturesallowed shall include a monument identification sign subject to City approval. No other accessory structures are permitted on the Property except by amendment of this agreement. The Developer shall be allowed to process a Common Interest Community plat per the provisions ofMinnesota Statutes in order to establish individual unit and common element ownerships within the property. Site Access. Internal circulation for the Pn^Mity shall be via private driveways and parking areas. The only access to adyoining public streets shall be the westerly driveway exit onto Kelley Paikway. The easterly access to the property shall be fiom the private roadway known as Cascade Lane. OfiMte access improvements foat are the leqionsibility of the developer shall include construction ofcttibcutsanddrivewayqirons within the right-of-wayofKelley Parkway. All such off-site improvements shall be perfonned to Qty qMcifications and shall be reviewed and iqiproved by the DirectorofPublic Services prior to commencement of such improvements. Asofthedateofthis agreement, the City has not accepted Kellq^ Parkway as a public road, but intends to do so upon its completion, per the provisions of the PUD No. 4 Agreement. Devdopment Plans. The Property shall be developed in accordance with final plans which shall first be certified Iqf die Planniitg Director as being in conformity with the approved plans described below and with the provisions of this PUD agreement. The plans shall not be attached to this Contract Witfifoe excqition ofPlan A, the final plans may be prqrared, subject to City sqrproval, after entering the Contract, but before commencement of any work on the Property. If die plans vary from the written terms of this Contract, the written terms shall control. The plans are: A: Final plat qiproved ^nril 8,2005, prepared by Landform Engineering Co. B: Site Plan per Sheet C2.1 dated 2/21/05, prepared by Landform Engineering Co. C: Grading,DrainageandErosionControlPlanperSheetC3.1 dated 2/2l/05,preparedby Landform Engineering Co. D: Utility Plan per Sheet C4.1 dated 2/21/05, prepared by Landform Engineering Co. E: Landscape Plan per Sheet L2.1 dated 3/9/05, subject to the modifications noted herein. AP-2 r-j. ?■. i' F:Floor plans for the building per the ’‘Concept Layout” prepared by Bruce Lehrer Architects, (undated) which include 57 dwelling units and one guest unit, a single elevator located near the midpoint of the building, and lower level parking for 95 vehicles. G:Building exterior elevations and materials per Sheet A-2 prepared by Bruce Lehrer Architects last dated 1/21/05, subject to submittal of facade elevations for all sides of the buildingtobesimilar in variety and percentage mix ofmaterials to the facades shown on said Sheet Buildingmatbiials required by this approval areas indicated on said Sheet A-2 and shall include architectural shingles plus both a light and dark stone mixture on the fecades as shown by tfie shading on the plans. Roof lines and variety of roof heights, etc. shall be as shown on said Sheet A-2. The above plans are subject to any additional requirements of the Miimehaha Creek Watershed District and subject to any additional requirements and conditions specified by the City Engineer uponreviewoffinal|dans. ConsIniciionoftheoondominiumbuildingduillbeinconfoimaiKewith the building codes and regulations adqrted by the City of Qrono. Any substantial changes to the gross square firotage^ fix)tprint/wal]/roof dimensions or defined building hei^t shall require a prior ammdment to this Agreement. Inqiroveaicnts. In accordance with the policies and ordinances of the City of Orono, the foUowirrg described pdMic or private improvements (hereinafler collectively called “Inyrovements*') shall be constructed, installed, paid for and maintained by the Developer according to the terms and cemditions contained in this PUD Agreement: A.Site grading, dtivewqfB, curb and gutter, parking lots, sidewalks, retaining walls if requited and all necessary erosion control measures per the Grading, Drainage & Erosion Control Plan referenced herein (hereinafter called "site grading improvements”); B.Constnictionofsanitary sewer and water connections, and construction ofstorm sewer lines and fidlities as requited (hereinafler called‘Istonnwater improvements”) per dre-Ulility Plan referenced herein. C.Underground natural gas, electric, cable and telephone service to be arranged by the Develops with the utility companies involved (hereinafter called the "other utility improvements"): Landscaping and site revegetation improvements per the approved Landsciq>ing Plan refierenced herein (hereinafter called “landscaping improvements”). E. Traffic control signage subject to approval by the City Engineer and Public Services 7Ilf Director. AP-3 it h i; » si #. ^ J F. Privateparidnglot.drivewayandexterkM’buildinglightin^ Lightingtypeand design shall beconqiatiblewiththeli^tingapproved fortheoverallStonebaydevelopmenL Lighting plans shall be subject to review and approval by the City. G. Surveying and staking, and setting of Lot and Block monuments as required. Construction of the segment of Cascade Lane within Outlot G, STONEB A Y necessary to provide vehicular access to the Property. Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit B. 7. Constniction of Improvements A. Commencement Date - Obstruction of Improvements shall begin no later than C. r • D. F. G. B. Ccwnpletion Date - All Improvements shall be completed no later than The Developer nuy, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. WhererequiredbyCityordinance,thecontractorshall first obtain a license from the City. Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer’s Contractor shall meet with the responsible City officials to review construction plans and schedules. i - Prior to foe start of any construction, foe Developer’s Contractor shall rq)ply for and receive all necessary permits from foe City and/or government agencies having jurisdiction. Site grading shall not commence until foe building permit has been issued. Developers advised that an Erosion Control Permit must be obtained from foe Minnehaha Creek Watershed District as well as foe required NPDES Phase U Construction Site permit, before commencing any grading activity on the site. CsZQSttU&fifiD * Thecondructimi, installation and materials shall be in accordance with the plaiu and specifications rqrproved by foe City. liMpecrion - The City forou^ its staffor consultants shall inspect the iiutallation of foe improvements to ensure compliance with plans and specifications. The cost of foe inspections will be paid by foe Developer. AP-4 • i 8. • ‘ V w ' '' '■■• '' 4!'- . ■■ ■: : «■ 9. I.Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Woilcmen's Compensation, Liability and Property Damage. Performaice SccHiity. For the purposes of assuring to the City that the Improvements will be completed according to the terms oftfiis agreement, and that the Developer will pay or will cause to have paidall claims fi>rwork done aiiu materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance ofsite grading and building permits an irrevocable letter of credit (LOG) fiom a local (Twin Cities area) financial institution in a form satisfiKtmy to the CityiHOviding that theCity is able to draw upon such letter of credit in its sole discretion to complete die Inqxovements ifthe Developer fails to sadsfiKtorily complete the work prior to the completion date specified in Section 7 above. Further, ifthe required improvements are not completed at least thirty (30) days prior to the expiration of the LOC, the City may also draw on the LCX!. If the security is drawn down, the draw shall be used to cure the default. The amount ofsuch deposit shall be 1 S0% of the estimated improvement costs per the schedule to be attached to this document as Exhibit B. With City approval, the amount of the LOC may be reduced fimm time to time as substantial elements of the improvements are completed and iqjproved by the City Engineer, but in no case shall the LOC be reduced to a point less than 10% of the original amount uidil all inqnovements are complete and accepted by the City. The letter of credit shall expire no sooner dian one year after the completion date specified in Section 7 above, to allow for at least one fipeeze-thaw cycle for paridng lot settlement. Security to ensure survival of landscqiing vegetation shall be retained for eighteen (18) months after planting. Fees and Expeasas. The Developer agrees to pay all City fees required per the current City Fee Schedule and fiuther agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review, inqrection and rqiproval of the hnprovements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professional, which are not covered by City qrpUcation fees. 10. Notke. ReqirirednoticestoOieDevelopaandOwner8hallbeinwriting,andshallbeeitherhand delivered to die Developer, die Owner, their employees or agents, ot mailed to the Developer and Owner by registered mail at the following addresses: Developer:Owner: Notices to the Qty shall be in writing and shall be either hand deli vered to the City Admini.strator, or mailed to the City by rostered mail in care of die City Administrator at the following address: Orono City Offices, 27S0 Kelley Parkway, P.O. Box 66, Crystal Bay, Minnesota 55323, Telephone (952) 249-4600. AP-5 11. Addttioaal Coaditiou. k f r B. c. E. F. G. H. I. / •. The development shall comply with the Landsc^ Plan per Sheet 12.1 dated 3/9/05 prepared by Landform Engineering Co. The vegetative screening on the berm between the building and the City of Qrono Public Works site consists of primari ly coniferous qMcies wifli sraie dedduous trees intennixed. This screening is partially the responsibility oftfwDevdoperandpartiallytheresponsibiiityoftheOwner. Developerand Owner shall coordinate planting schedules to ensure the eariiest possible establishment of plantings in this area, which is intoided to become a visual barrier to the Public Works site. These plantings shall be completed by October 1,2005. All plantings shall occur within the Property boundaries. Security fin* landsc^ing will be incorporated in the Letter of Credit required herein. Turning radiuses of fire apparatus access roads shall be designed subject to ^proval of the City Engineer and Orono Fire Marshal. Fire lanes will be marked with the rq^nopriate street signage and yellow curbing. Orono Fire Mardud will deletmine fire lanes upon review of plans and final access routes and at drat point determine exact placement of signs and yellow curbing. The sidewalk along the easterly side of the building north ofCascade Lane shall be constructed with a sub-base capableof supporting emergency vdiicles, subject to {qrproval by the Orono Fire Marshal. Premises and unit identification will be reviewed by the City and established prior to constructian. Anypermanentsite identification signage shall require priorCityspproval. The lowest floor elevation of the building shall be no lower than 1020.00'. Stoim sewer fiKilities which lie outsideofpidrlic right-of-way diall be privately owned and maintained by the Developer, the Owner, or their successors. All sanitary sewer and water connection lines within the Property shall be owned and maintained by the Developer and Owner upon completion. No site work or construction shall commence until the Developer has paid the Park Dedication Fees, Storm Water and Drainage Trunk Fees, and Sewer and Water Connection Fees established in Resolution No.____. TheMCES Sewer Availability Charges(SAQ are the reqxmsibilityof the Developer and shall be paid to the City at the time of building pomit issuance for transfer to MCES. The Developer shall be responsible for the installation of street lights along the private driveway and parking lot. TheDeveloperandCitystaffshallworktogethertopreparea rite ligfitiog plan to be incorporated into the constructionplans. All exterior lighting shall be downcast and riiidded. bteriorli^htinginthemainlobbyshallbederignedtonotpiovide excessive light to the outside. AP-6 r i II V" 12. J. N. O. Q. The Developer shall provide acopy of the covenants for review and approval by the City, and said covenants shall be filed at the County with the final plat documents. K. The Developer shall be reqransible for obtaining the necessary pomits fixan the regulatory agencies such as the Minnesota Department of Health, MCES, Watershed District, Minnesota DNR, MPCA and MnDOT. L. The Developer shall report to the City Engineer the location of any drain tiles found during construction. The Developer will comply with the City Engineer’s direction as far as abandonment or relocation of the drain tile. M. The Developer shall develop a sediment and erosion control plan and shall obtain the necessary permits from the Minnehaha Creek Watershed District prior to commencing construction. Erosion control fencing will be required around the wetlands. Wood fiber blankets shall be utilized on all slopes in excess of 3:1. The Developer shall develop a sediment and erosion control plan and shall obtain the necessary NPDES Phase II Construction Site pennit prior to conunencing construction. Erosion control fencing will be required around the wetlands. Wood fiber blankets shall be utilized on all slopes in excess of 3:1. If material is imported or exported from the site, the Developer shall provide the City with a detailed haul route for review and approval. If the material is to be imported or exported to/fiom another site in Orono, it should be noted that those other parcels will be required to obtainaland alterationpennit, and potentially aCbnditional UsePeimit, finm the City. P. Developer shall obtain a Construction Easement from Owner for constmction of Cascdae Lane and associated utilities within Outlot G, STONEBAY. Quality Assurance. ThedevelopershallcooperatewiththeCity’sBuildingandZoningstaff to ensure quality woricmanship and materials are used in the construction of the building. Prior to commencement of construction, the City’s Building and Zoning staff and the Developer will develop a set of standards regarding the level of quality of workmanship and materials. The8estandardswillbebasedonindustrystandards,manufacturersin8tallation instructions, and other relevant criteria Issues related to quality of workmanship and/or materials, which arise during construction, will be addressed based on these quality standards. Ifthe issue is not clearly addressed bythequalitystandards, it shall be resolved through a Quality Assurance Committee, with representatives from the City and the Developer. General CoadMona The general conditions of this Contract, approved by the City Council on ________, 2005 are attached as ExhibitV and incorporated herein. AP-7 \ : > 1 i i i I • ^ li ,1 i -I i- ^ m r 4 IN WITNESS WHEREOF, the City, the Developer, and the Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF ORONO By:. (Mayor) • " I C-J By:. (City Clerk) DEVELOPER - ZB Construction, Inc. ' r-y- By:. Its: OWNER • John Terrance Homes, LLC By:. -^■4‘ Its: Reviewed for Administration: Date: (Planning Director) (City Administrator) This iiMtnmwnt wm dnftMl by: CUyofOrano 2750 Kelley Pukwiy P.O. Box 66 CiyilalBey.MN5S3S6 AP-8 n 'rtn STATE OF MINNESOTA COUNTY OF HENNEPIN The fixegoingiiutnimeiit was acknowledged before me on this__day of ^2005by Barbara A. Petenon, Mi^oftheCityofOrono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .,2005 by Linda S. Vee, CityQerk oftfie City ofOrono, a Minnesota municipal coipoiuucn tind said instrument was executed on beludf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of personally appeared before me, ____who is personally known to me _____whose identity I proved on the bachi of. whose identity I proved on the oath/afiBrmation of, credible witness and who «cecuted the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their fiee act and deed. Notary Public r... i-*;: ;>tnHa3ri 'mm SI ■. . • •; •. ••• • ■■■ AP-9 I m.. STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 penonally appealed before me, ____who is penonally known to me ____adiose identity I proved on the basis of________ ____whose identity I proved on foe oafo/affiimation of. credible witness and vfoo executed foe foregoing instrument, and acknowledged foat he/she/foey executed foe same as hia/hei/foeir free act and deed. Notary Public ?. . •. . - • , ■■ ? • >‘V ♦- ■' V; • • i V- ■' . V ■ 'i - W AP40 - i/ '.V •y 1. '• ‘ ♦•^ - '-fnft tfrfltst I rill n-r- - n iTirriiiiMfi ’■ ■ t,'. . :■ - • [f • i i } • ? • •• I • CITY OF ORONO •c DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "A** GENERAL CONDITIONS L Right to Proceed. WithinthePropoty.theDevelopermaynotgradeorolherwisedisturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the Hennepin County Recorder's Ofllce, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied; and then the Developer may proceed. 2. Effect of Subdivision Approval. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal laworagreedtoinwiitingbytheCityandthe Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 3. Improvements. The improvonents iqjecified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services, the Minnehaha Creek Watershed District, and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shal I also provide a qualified inspector to perfonn site inspections on a daily basis. Inq)ector quali fications shall be submitted in writing to the City Engineer. The Developer diall insbuct its project engineer/inspector to respond to questions fit>m the City Inspectorfs) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his oigineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall sun)ly the City witli the following: (1) a complete set ofrq»oducible Mylar as*built plans, (2) two complete full-size sets ofblue line as-bui It plans and two sets ofreduced 1 r*x 17 ’ as-built plans, (3) two complete sets of utility connection tie sheets. GC-1 ;■ -f f ! (4) location ofburied fiibric used for soil stabilization, and (5) location stationing and swing tiesofall utility connection lines and cleanouts.. 4. Iron Monuments. Before the security for the completion of utilities is released, all monument8mu8tbecorrectlyplacedindiegiroundinaccordancewithMinn.Stat.§50S.02,Subd. I. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 5. Rightrrf'Entry. TheDeveloperhereby grants the City, its agents, employees, officers and contractors the right to enter the Property to perform all woiic and inspections deemed appropriate by the Cify in conjunction with Property development, including but not limited to constructing or completing any and all of the agreed upon hnprovements should the Developer not complete those Improvements by the date specified herein. 6. StteErosloaControL Priortoanyroughgrading,priortoutilityconstmction,andprior to issuance ofbuilding permits, the Develqrer shall obtain the necessary erosion control permit fixwn the Minndiaha Creek Watershed District, and the approved erosion control plan. Plan B, shall be implemented, inspected, and qiproved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfi lling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of foe essence in controlling erosion. If the Developer does not comply with foe erosion control plan and schedule ofsupplementary instmetions received fiom the City, the City may take such action as it deems qrpropriate to control erosion at the Developer's expense. The City will endeavor to notify foe Developer in advance of any proposed action, but failure of foe City to do so will not afiect foe Devekpet'k and City's rights or obligations hereundo ’. No development will be allowed and no building permits will be issued unless foe Property is in full compliance with the erosion control requirements. Erosioncontrol needs to be maintained until vegetative cover has been restored, even if constnictionhasbeencoiiqrleted andaccqrted. Afterfoe site has been stabilized to where, in theopinion of the City, foete is no longer a need fiir oosion control, the City will aufoorize foe removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. The Letter of Credit required by this Agreement shall include coverage for erosion control. 7. Cleanup. The Developershall maintain aneat and orderiywork site and shall daily clean, on and offsite, dirt and ddrris, includingblowables, fiom streets and the surtoundingarea that has resulted fipom construction work by the Develops, its agents or assigns. 8. Acceptance and €)wnersliip of Improvements. Upon completion and acceptance by the City of foe work and construction required by this Contract, any improvements lying within public easements shall become City property. Aftor completion of the improvements, a representative of the contractor, and a representative offoe Developer's engineer will make a final inspection of foe work with the City Engineer. Before the City accepts foe improvements, the City Engineer shall be satisfied that all GC-2 work is satisfactorily completed in accordance with the improved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certi lying that the projer:t has been completed in accordance with the approved plans and speci Hcations. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements, ifany, shall be by City Council resolution. 9. Landicapiag. Landscaping shall be installed in accordance with Plan D. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-hal f (2 '/j) inches ca! iper, ei ther barerootinseason,orballedandburlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to anysod required asapartofthe erosion control plan. Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas ofthe lot. If these improvements are not in place at the time a certificate of occupancy is requested, a fiiumcial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupar cy issued, except that ifthecertificateofoccupancyis issued between October 1 through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted byCifystaffto verify satisfactory completion ofall omditions. City staff will conduct inflections ofincomplete items witfia$50.00 inflection fee deducted fiom the escrow fund for each inspection. After satis&ctoiy inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenanceof erosion control pursuant to City Code Section 20-94 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 10. Warranty. The Developerwairants all work required to be performed by it against poor material and fiuilty worionanship fiir a period of two (2) years after its completion and acceptance by the City. All trees,grass, andsodshallbewarranted to bealive,of goodquality,anddiseasefiwat the time of planting. All tandscqie plantings shall be warranted for eighteen (18) months from the time of formal acceptance by the City. The Develcfier or his contractor's) shall post a letter of credit or other security acceptable to the City to secure the warranties at the time of final acceptance. 11. MafaiteBance.TheDevelopershallberefionsiblefixrmaintenanceofaUprivatetyowned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall pennanently maintain site lighting, signage and landscapingoonsistent with the approved Plans for said improvements. Developer shall be refionsible fiirmaintetuuiceof all sewer and water lines that are defined as “connections” as indicated on the approved UtilityPlan. Developer shall be responsible fixr ensuring that the appearance and design ofthe building are maintained per die approved building and construction plan, and shall be responsible for ensuring that the site amenities and features as shown on the fiproved site plan are maintained per said plan. GC-3 12. Rctprailbility for Costs. The Developer shall reimburse the City for all costs incuired by the City for providing construction inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. The Developer shall reimbui se the City for costs incuntd in the enforcement of this Contract, including engineering ai id attorneys' fees. The Developer shall pay in foil all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Ifthe bills are not paid on time, the Citymay halt all Property development work and constniction, until the billsare paid in foil. Bills notpaid within thiity(30)days shall accrue interest at the rate of 8% per year. 13. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development inqnovements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. 14. Developer Representations and Covenants. The Devclcper hereby makes the following representations and covenants: («)The Developer has the legal authority and power to enter into this Agreement. Upon request, the Developer shall ftimish the City with evidence satisfactory to the City that it has the authority of the fev owners and contract for deed purchasers to enter into this Agreement. The Developer reasonably expects to obtain finan ;ial resources sufficient to enable the completion of the Improvements. The Developer will construct, operate and maintain the Improvements in accordance with the tenns of thr Agreement and ail local, state and federal laws and regulations, and will construct orpaythecostsofccMistruction ofany site improvements, utilities, landscaping, stormwater management facilities, roads, paricing facilities which are necessary in coimection with the construction of such improvements. At such time or times as nuy be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in comp''ance with all requirements, laws, ordinances and regulations of federal, state, and local authorities, including but not limited to: 1. CityofOrono; 2. State of Minnesota, its agencies, dqiartments and commissions; 3. United States Army Corps of Engineers; 4. Watershed Districts); 5. Metixqwlitan Government, its agencies, departments and commissions. h GC-4 .Ir .’1. ifeistedBAdiaiUBiisi *'i.’r ■t-L. (e) The Developer will obtain, in a timely nuinner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and relations which must be obtained or met before the Improvements may be cc nstructed. (f) It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the Owner or Developer. 15. CityReprescBlatioM andCovcnanti.TheCitymakesthe following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carryout its obligations hereunder. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will coc^rate with the effort of the Developer to secure thegrantingofanypeimit, license, or other {qiproval required to construct and operate the Improvements; provided, however, that nothing contained in tliis subparagraph shall be construed to limit in any way die reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. (c) The Property is zoned for purposes which include the Development as proposed. The City has issued all necessary commercial site plan review approvals for the proposed development on the property. Itk Developer's Default DefuiltbydieDeveloperofanyofthetermsofthisagreementshall automaticaUy result in die suqiension or withholding of all permits, licenses, occupancy certificates or odier authorizabons issued by the City in connection with the Property, hi the event of default by the Developer as to any of ihe work to be performed by it hereunder, the City may, at its option, perform the work and the Develrqier shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission toenter the land. When tfaeCity does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part TheremediesafiTordedtodieCityunderthisSectionshallbeinadditiontoany other remedies to which the City may be entitled by law or other agreonent. Default by the City shall entide the Developer to seek injuncdve/mandatoiy relief throu^ the cou*1s, together with other relief as the law may provide. 17. CoMpliance. AtanytimeandfiximtimetotimetheDevelopermayrequestthatUieCity provide the Developer a certificate certifying diat that the terms and provisions of this Agreement have been complied with and diat this PUD Agreement is in full force and effect with respect to the develqiment for thepurpoaeofiacilitatingsale,moitgage,insuranceorothermatter8. To the extent that there be any bona fide defoults in such compliance, the Developer shall be afforded a reasonable time to bring the development into confonnance, and thereaiter the City shall be obligated to provide such certificate. GC-5 i i 18. Biidipg Effect The terms aiKl provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. 19. Incorporatioii by Reference. All plans, q)ecial provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shal I be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 20. Dbclalmer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out ofor by reason ofthe execution ofthisagreementor the performance and completion of the Improvements. Third patties shall have no recourse against the City under this Contract TheCity is not a guarantor of die Developa’s obligations under this Contract The City shall have no responsibility or lidiility to dweUiog unit purchasers or others fwdieCity ’s failure to enforce this Contractor for allowing deviations fixim it. 21. Hold Harmless anil Indenmillcation. TheDevelopershaUindemnifyandhoIdharmless the City, the City Council, and the agents and employees ofthe City torn and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees ofthe City may suffer or for which it may be held liable, arising out ofor resulting fiom the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, iis employees, agents or subcontractors, whether or not caused in part by a party indemni fled hereunder. 22. ControUbigAgreeiiieiit Totheextentthatthereisanydiflferenccorambiguitybetween diisPlanned Unit Development AgreenMnt and odier agreements between the City and the Developer, this Planned Unit Development Agreement shall control. 23. Severability. If any portion, section, subsection, sentence, clause, paragrq)h, orphrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 24. Wafvcrs/Amoidments. The action or inaction ofthe City shall not constitute a waiver or amendment to the provisions of this CcntracL To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolutiini ofthe City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. 25. Release. This Contract shall ran with the land and may be recorded against the title to the property. AAer the Developer has completed the work required of it under this Contract, at the Developer's request the City will issue a Certificate of Compliance.. GC-6 mm 26. Anigaability. TlieDeveloperinaynotassignthisContractwithoutthewrittenpermissicMi of the CityCouncil. The Devdopei's obligation hereunder shall continue in full foic3 and effect even if the Developo: sells the entire plat, or any part of it. 27. MisccllaBcons. A. Construction TYailers. Placement ofon-site construction trailers and temporary job site offices shall be approved by die City Engineer as a part ofthe pre-construction meeting for installation of public inyrovements. Thulers shall be removed fiom the subject propertywithin thirty (30) days following the acceptaiKC of the public improvonents unless otherwise ^proved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. liMuraiv;-^ Developershalltakeoutand maintain until sixCOjiuonthsafto-theCity has accqiteddiepublic improvements, public liability and property damage insurance covering persona] injury, including death, and claims for property danuige which may arise out of Developer's work or the work of itssubcontiactorsorbyonedirectty or indirectly employed by any ofthem. Limits forbodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of$1,000,000or more. The City shall be named as an additi<mal insured on the policy, and the Developer shall filewididieQtyaceitificateevidencingcoveragepriortodieCitysigningtheplat The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. D. Constructirm Hours. Construction hours shall be from 7:00 a.m. to 8:00 p.m. on weekdays, and fi»m 8:00 a.m. to 8:00 p.m. on weekends and holidays per the provisions of Orono Municipal Code Section 58-121. Unda *mergency conditions, this I imitation may He waived by the consent of the City Administrator. Any approved work performed after dark shall be adequately illumiiuited. . B. Noise Amplification . The use ofoutdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the ccMistruction ofbuildings and die improvemoits requited under this contract. F. Storm Sewer Maintenance . The Developer shall be responsible for cleaning and maintenance of foe storm sewo’ system (including ponds, pipes, catch basins, culverts and swales) within foe Property. G. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body GC-7 members, oflicers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. H. Soil Correction . The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability ofsoi Is northecostofcomctinganyunsuitdrlesoilconditionswhichmayexist On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inq>ection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report fiom a qualified soils oigineer diall be provided befiire the City issues abuilding permit for the lot On lots with fill material that have been custom graded, a satisfiictoiy soils report fiom a qualified soils engineer shall be provided before tlie City inspects the foundation for a building on the lot. I. Construction Plans . In conjunction with replication for building permit, the developer shall provide the City with three complete sets of full-size construction plans and four sets of 11 ”x 17 ” reduced construction plan sets and three sets of specifications. J. Certificate of Occupancy. ACertificateofOccupancyforthebuildingwillbeissued to the Developer only upon completion and City acceptance of all improvements required by this Agreement, except that upon approval of the City Engineer and Plarming Director, a Certificate of Occupancy may be issued subject to completion of landscape plantings. K. Developer Responsibilities after Assignment to Condominium Owners Association . Regardless whether the Condominium Owners Association has taken control of the si te pursuant to State Statutes, the developer shall remain responsible for completion and satisfaction of all terms of this Agreement. 2. 3. 4. L. Covenants . Developer shall establish covenants governing the development and containing as a minimum the following elements: 1. Creation of Homeowners Association. EstabUshing rights & responsibilities of Homeowners Association and/or others. Addressing property maintmance responsibilities, including maintenance of the common areas, private roads, driveways and parking areas and other facilities, etc. Establishing specific covenants additionally address the following: a. The City’s Public Works operation may be a 24-hour operation dependent on weather and other emergency situations. Covenants shall include a provision requiring disclosure to Lofts unit buyers regarding the Lofts building proximity to Publ ic Works to help limit the expected complaints about City activity and noise fiom the Public Works site. La nguage should be incoipcwated that documents police dqiartment accessibility (right-of-entry) and rights to enftxce paricing or other laws or ordinances on pri vate roads or common areas. b. GC-8 I ! V .i IP3fe ■mSM W. -y; " .V:.^1 • r:viu ■i .. - » «, ..■ •• : ■/;■;•. ;.■: ’•1l ■V'^"’:i'r- "v v:|"-' ;<!i[BIT ”B” TO DEVELOPMENT CONTRACT (SITE IMPROVEMENT COST ESTIMATE) t A Dite AppUcitioa Received: 1-18^ Date Appheathw Coaiidered as Cenplete: 2>7-0S <0-Day Review Period Eipires: 4-8415 eitcadcd to 6-S-OS • *c tv s' ' ' 7.# REQUEST FOR COUNCIL ACTION <or 5.07^^ Date: April 8,2005 Item No.: IjP Dapartnant Approval;Adninisf rator Approval: Name: Janice Gundlachj^ Title: City Planner Agenda Section: Zoning Item Description: iK)5-308S, Julie Kreslins on behalf of Jul Ann Inc. and Building Owner Aleck Overson, 34SS Shoreline Drive, Conunercial Site Plan Review Zoning District: Lot Area: Lot Width: B - 1, Retail Sales Business District (20,000 s.f. minimum) 0.953 acres (41,521 s.f.) 185 feet (100’ required) Lbtof Ejdiibits A - Resolution B - 60-Day Extension Letter dated 4-5-05 C - Revis^ Parking Space License Agreement D - Notice of Council Action dated 3-29-05 AppUcMUm 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 are proposing to convert an existing back-side lower level vacant space into a beauty shop/salon, which is a permitted use under the B - 1 zoning district. At the March 28*** City Council meeting the Council directed staff to draft a resolution approving the request with the following stipulations: 1) the parking lot be striped 2) the applicant agree to voluntarily vacate if and when the Parking Space License Agreement terminates and all City court if necessary, will be paid by the q>plicant should legal action be necessary 3) the Parking Space License Agreement be revised to permit 9 stalls and include access 4) the dumpster is moved to a conforming location 5) and compliance with Section 58-1 and 58-3 regarding maintenance of private property. The qq>licants have agreed to all the stipulations noted above. A revised Parking Space License Agreement has been submitted meeting stipulation and the attached Resolution contains items 1 , 2, 4 and 5. The City Attorney has also suggested that an additional revision of the Parking Space License Agreement be made that would require City notification by the licensor should the agreement be terminated. The qrplicants have agreed to do this and a new Agreement must be submitted prior to obtaining an Occupancy Permit. 4b. PlaiiBiiiC CommiMioD Rccommcndatioii The Planning Commission voted 3-3 on a motion to deny the request for a commercial site plan iqqnoval based on the lack of on-site parking and the existing parking shortage of 2.5 stalls before addition of die proposed use. No other motions were made and therefore no recommendation followed. Please review the draft Plaiuiing Commission minutes for an overview of the discussion, as well as the memo and exhibits of 3-17-05. Staff RacammeMlatioB Review the revised Parking Space License Agreement and Resolution for possible revisions, and then adopt the Resolution attached as Exhibit A. COUNCIL ACTION REQUESTED Adopt the attached Resolution. ^ ■ '• V*-.' ■■ ‘f •“rtrs - r l,-.; • ■ X 'y.yt' r --r' » ' 4i^v • f mm A RESOLirriON GRANTING COMMERCIAL SITE PLAN APPROVEL AND OCCUPANCY PER MUNICIPAL ZONING CODE SECTION 78^2 RLE NO. 05-3085 WHEREAS, Aleck G. Overson, a single person, owner of the property located at 3445-3467 Shoreline Drive (P1D#2011723120033) and Julie Kreslins, owner of Jul Ann, Inc., a Minnesota Corporation (hereinafter “the applicants”) have an interest in the property located at 3445-3467 Shoreline Drive (P1EM2011723120033) within the City of Orono (hereinafter the “City”) and legally described as follows: Tract A, R.L.S. No. 1422, except highway right of way per Doc. No. 1946165, City of Orono, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a commercial site plan review in order to gain an occupancy permit per Orono Municipal Zoning Code Section 78-642 to allow conversion of an existing vacant space within the lower level of the building located at 3445-3467 Shoreline Drive to a beauty shop/salon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3085. The property is located in the B - 1, Retail Sales Business District, which requires a minimum lot area of 20,000 s.f and a minimum lot width of 100 feet. The applicant’s property is approximately 41,521 s.f. in area with 185 feet of width. 3.The Planning Commission reviewed this application at a public hearing held on February 22,2005, which resulted in a tabling, and on March 21, Page 1 of 6 II ITIII I liiraMili iiiifUlh------ i f 5. #■■■ VV 2005. On a 3-3 motion to deny, the application went forward to the City Council without a recommendalion by the Planning Commission. The City Council reviewed the application on March 28, 2005 and made the following findings: a. The space has been occupied by retail uses in the past, most notably a beauty shop. b. The surrounding neighborhood will not be negatively impacted by the introduction of this additional new use. c. The bwduty shop/salon use is a permitted use under the B - I, Retail Sales Business District zoning regulations. d. Access for this use will be through the rear of the building across the property to the east. Invitees of the proposed use will be permitted this acccjs under a Parking Space License Agreement. e. The shortage of required parking will be accommodated by a shared parking arrangement with the property owner to the east. f. The signage proposed complies with Zoning Ordinance Section 78- 1468. The City Council has conside.ed this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the aj^licants and the public, and the effect of the proposed commercial site plan review and occupancy on the health, s^ety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to oth«‘ property in this zoning district; that granting the commercial site plan review and occupancy would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a table hardship or difficulty; is necessary to preserve a substantial Page 2 of 6 property right of the applicants; and would be in keepint; with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS 'Bill- Based upon one or more of the above findings, the Orono City Council hereby grants commercial site plan approval for an occupancy permit per Orono Municipal Zoning Code Section 78-642 to allow conversion of an existing vacant space within the lower level of the building located at 3445-3467 Shoreline Drive to a beauty shop/salon, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to diis Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The q>plicants obtain an occupancy p rmit from the Building Department which will conditioned upon compliance with the terms and conditions of this Resolution. 3. At the time of termination of the Shared Parking Space License Agreement, made part of this Resolution as Exhibit B, Jul Ann, Inc. must vacate the property within 30 days. Should Jul Ann, Inc. not vacate the property the City of Orono shall file suit to force such vacation, at which point Jul A^ Inc. shall be held responsible for any and all attorney fees incurred by the City of Orono in connection with such bction. 4. The upper and lower parking lot on the property shall be striped to formalize the location of available parking. The parking spaces must be striped to be 9 ’ in width and 20’ in depth with a 24* wide available drive aisle. 5. An occupancy permit will not be issued until the property complies with Sections 58-1 and 58-3 regarding maintenance of private property. 6. The on-site dumpster shall be relocated so as not to block available parking as shown on attached Exhibit A. 7. Authorities granted by this resolution run with the property not with the iqrplicants, but are permissive only and must be exercis^ by obtaining an Page 3 of 6 j >■ A m.Jc, ^ '■ • f r.t V occupancy permit within one year of the date of Council approval, or the commercial site plan qiproval will expire on that date (April 11,2006). 8. Violation of or non-compliance with any of the ten ns and conditions of this resolution shall constitute a violation of the zoning code, shall automatically termiiurte any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned ^tplicants have read, understard and hereby agree to the terms of this resolution and on behalf of the applicants and the iqiplicants ’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 11'*’ day of April. 2005. ATTEST: ■f' • Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) -.i; - ft %'* ' it Page 4 of 6 iirtiiTT i", STATE OF MINNESOTA CXKJNTY OF HENNEPIN The foregoing instrument was acknowledged before me on, this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _day of __, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota nicipal corporation and said instrument was executed on behalf of the City. Notary Public r .... . \ Vjscr-JTI r.s‘:K (f-; ■4.',rj te5of6 •ii'- __________V.-, I I k . ^----------------------------=■ r M/OL, STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before mt this__day of .2005 by /ucck O. Overson. owner of3445-3467 Shoreline l>ive (PH>#201 1723120033). Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was Kknowledged before mr. this__day of by Julie Kreslins, pret dent/owner of Jul Ann, Inc..Minnesota Corporation. r,'- 2005 Notary Public EXHIBIT A ill' .| M.i-Viir:":^ *CUy of Orono# Honnopin County# Mlnoonoti. r ■■ • V. ■ * , r r*t .Wi * L! I M ELEVATIONS SMOKUINE OR- < I ! !' 'k ! ITT 1 \J -a-Einmmws--'-'' '' N -4--i iww'sr* iM.** Top of FivnMtiM 8«rH* ST'Urs.r.lc. Il» FNptiM ElPV. EllPtFlU El#v. BENCHMARK. /• 1. .1 j ) f ■ ( “ .4 '■v' *■•■•*• C'* MIN. SETBACK REQUIREMENTS OralnM DIrMtItfW itlT tfiDMt« tfCMt St«k« ClTYof ORONO Mnidpri Offlcct April 5,200S StradMirtst; 27SO IWteif Paitwny Orono, MN 55356 IMiif Minsi* P.O. B« 66 Crystal Bay. MN 55323 0066 Julie Kreslins Jul Aim Inc. 21965 Minnetonka Blvd Bxcelrior.MN 55331 RE: 60-DAY EXTENSION NOTICE State law provides tfut 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 aqiplication was received on January 18, 2005. Additional materials were requested per a City letter dated February 1, 2005. Those additional materials were sul^tted and die application was deemed complete on February 7,2005. The 60slay review period would end on April 6, 2005. However, because additional information had been requested diroughout the course of Planning Commission and City Council meetings, the earliest scheduled date of final Council action falls alter the 60-day period ends, ntntfon, tke 69-day review period is hereby extended an addiiionat 60 dttysioJime 5,2005. Your qiplication is currendy scheduled for final qiproval at the April 11, 2005 City Council meeting, pending submittal of the items list^ in the Notice of Council Action dated March 29,2005. Please call me at 952-249-4623 if you have further questions. Sincerely, City ofC^no Janice Oundlach City PI 'I'f h kaii Ita(9S8)24Mili • f- 4 J PARKING SPACE LICENSE AGREEMENT Parking Space License Agreement (“Agreement”) between The Richard M. Kcaveny Family Limited Partnership, as “Licensor,” and JulAnn, 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, Minnesota, legally described as: Tract B, Registered Land Survey No. 1422, Hennepin County, Minnesota (hereafter “Licensor’s property”). Licensee is or will be a tenant of the property that is located at 3449 Shoreline Drive and which is ac^acent to Licensor’s property (hereafter the “neighboring property”). The parties agree as follows: 1. License. Licensee shall have a license for the use of up to nine parking spaces in the “lower level ” parking area on Licensor’s property that is accessible from Kelly Drive (hereafter the “License”), by employees, clients and business invitees of Licensee’s hair salon (to be) operated on the neighboring property, subject to the terms of this Agreement. Licensor may, from time to time, designate particular parking spaces that will be subject to the License (to the exclusion of ether parking qiaces); as of the date hereof and until further notice from Licensor to Licensee, the parking spaces that will be the subject of the License will be the nine most westerly parking .spaces along the south side of the lower level parking area. License Fee. Licensee will pay Licensor a license fee of month, on or before the first day of the month, for each month the License is in effect. The license fee for any partial month will be pro-rated. The License fee will be subject to adjustment every twelfth month that the License is in efifect, by not more than a cumulative total of 5% per year. 3* Termination: Term. The License will tominate if Licensee is delinquent in the ps3rtnent 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 also terminate the License upon, or at any time after, the occurrence of any of the following conditions: (•) (b) (d) (e) Licensor sells Licensor’s property; Licensor enters into a lease with a tenant who will occupy the lower level, or any part of the lower level, of the building on Licensor’s property, and such tenant commences occupancy; Ijcensor, or the present or future tenants of Licensor’s property, need to have the licensed parkmg spaces available in order to satisfy zoning or other requirements of any govenunental authority (whether due to a change in the use or size of the building, change or application of zoning requirements, or otherwise); Licensor commences removal, reconstruction, substantial remodeling, or any addition to, the existing building or other improvements on Licensor’s property; Any part of Licensor’s property is condemned or taken, either temporarily or lanently, by any govenunental authority. Termination pursuant to (a) through (e) above will become effective ten days after written notice to Licensee delivered or mailed to Licensee at Licensee’s last known address, and. Licensee expressly agrees that Licensee has no rights or expectation whatsoever which would in any way impede Licensor from selling, leasing, removing, expanding, remodeling or reconstructing the building or other improvements on Licensor’s property and terminating the License by reason thereof. Licensee also J p-' agrees that the License is personal to Licensee and will automatically terminate if Licensee ceases to operate a hair salon on the neighboring property, for any reason, or. if Licensee assigns or attempts to assign the License without 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 this Paragraph 3, the License will, in any event, be terminable by either party upon thirty days advance written notice at any time after the last day of the second to last month of the initial term of Licensee’s lease relative to the neighboring property, unless extended for a specific term prior thereto by written agreement between Licensor and Licensee; provided, that any such extension shall not in any way affect or impair Licensor’s to thereafter terminate the License for any of the reasons specified in Section 3 above, and this Agreement shall otherwise continue in effect as so extended. 4. Licensor’s Obligation Limited: Exclusive Remedy . Licensee understandc and agrees that this Agreement does not create any obligation on Licensor’s part with respect to plowing, cleaning or maintenance of the parking area on Licensor’s property; provided, that if Licensee’s clients would have, but could not, use the licensed parking q>aces on any particular day(s) in a month because (i) Licensor’s parkuig area had not been plowed within a reasonable time after a significant snowfall (as determined by reference to past practice) and (ii) the spaces on the neighboring property were all in use, then. Licensee’s sole a^ exclusive remedy shall be a credit against the next month’s license fee equal to 1/30^ of the monthly license fee for ea^ such day (or partial day). 5. of Liability: Indemnity: Liability Insurance . Licensor shall not have any liability for tqjnry, death or property damage to Licensee’s enqrloyees, agents, clients or invitees occutr^ on Licensor’s property, udess resulting fiom the gross negligence or intentional act of Licensor or Licensor’s officers or employees, and. Licensee will indemnify, defend, and hold Licensor harmless fiom, any such claims; Licetisee further agrees to carry liability insurance in form and ■mount satisfiwtoty 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 firom tinMto 6. Not to be Filed. This Agreement «hall not be recorded or otherwise filed by Licensee with dm Hennepin County Recmder or Registrar of Titles, and, shall become terminable by License at will if so recorded or ffled or if any memorandum or other document referencing this Agreemoit is so recorded or filed. Signed by the parties as of the date(s) noted opposite their reqrective signatures: The Rickard M. Kcaveay Famly Limited Partnership Date:y/^A>. 200 3. JnlAaa, bCn d/h/a Jnl Ann Hair Pas V-'C-oY .200 . Lipiie lev.doc !■[ CITYOFORONO 27S0 Kelley Parkway P.O. Boi 66 Cryital Bay, MN 55323 (952)249-4600 ZONING RLE: ^05-3085 NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 29,2005 TO:Julie Kreslins 21965 Minnetonka Blvd. Excelsior. MN 55331 COPIES:Paul Overson 14821 Maywood Drive Burnsville, MN 55306 TYPE OP APPLICATION:Conunercial Site Plan Review DATE OF MEETING: March 28,2005 VOTE: 5 FOR 0 AGAINST Modoa: To direct staff to draft a resolution iqiproving the commercial site plan and occiqMUicy permit request with the following conditions: • The Shareo Parking Space License Agreement is redrafted to include permission for business invitees to access the shared parking spaces as well as the parking spaces located on the Overson site, and also clarification that the shared spaces on the Keaveny site exist at the lower level parking area. The agreement should be drafted for use of 9 paridng stalls, have a current date, and signed by all parties. A copy of this agreement should be submitted to the City. • The entire parking lot on site (including upper and lower levels) is striped to formalize the location of available parking spaces. • The dumpster located on site is moved to a location that would not obstruct available parking spaces. • The applicant sign an addendum to the Parking Space License Agreement which states a voluntary vacation of the retail space should the Parking Space License Agreement termirrate. This agreement must include language regarding payment of City court and attorney fees should the City be required to take action in forcing the vacatiotL This document shall be recorded against the chain of title for the property. • The site complies with Sections 58-1 and 58-3 regarding maintenance of private property. Applicant's next scheduled meeting is confirmed as: City Council - Monday, April 11, 2005; meeting starts at 7:00 p.m. for adoption of the approval resolution. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. r-" I, r. Dalt AppIkatioB Received: 02>23*dS Date Apfdlcatloe Coaipicic: 03-17-95 60-Day Review Period Eipiratioa: 05-17-05 .OHO .-(OT REQUEST FOR COVNaL ACTION Date: April 4,2005 Item No. 'y Departnoat Approval:Adniaistrafor Approval:Agcada SccHon: Naaic: Melanie Curtis Title: City Planner Item Description: #05-3092 - Mathew A Michelle Hofmann - 1225 Dickinson St - Variances Zoning District; Lot Area: Lot Width: RR-IB, One Family Roral Residential, 2-acrcs/200* 0.62 acre (27,086 s.f.) 135* List of Exhibits: A. PC Action Notice dated 03-22-05 B. PC Memo & Exhibits of 03-14-05 C. Draft PC Minutes AppHcatioa Summary: The appiicants are requesting lot width, lot area and a side street setback variance in order to rebuild a new single ftuniiy residence on a property 135’ wide and 0.60 acre where 200’ of width and 2 acres are required. Additionally, the applicants are requesting a side street setback variance to construct the iwoposed home 30’ from the side street where a 50’ setback is required. Planning Commissioa Rccomamadation On March 21,2005, Planning Commission voted 6-0 to recommend approval of the lot area, lot width, and side street setback variances. Disenssion The applicants originally requested a 35’ setback from the side street, but during the meeting the applicants discussed an additional 5’ side street setback variance due to the sloping topography to the east of the lot. The Plaiuiing Commission agreed with the additional 5’ variance however wanted to restrict the applicants to the extent of the footprint as proposed on the site plan. The applicants were unaware of the restriction on the footprint size until they received the Plaiuiing Commission Action Notice after the meeting. At that time they met with staff to discuss options. At 20.7% their proposal is well under the hardcover limit and below the structural coverage limit with 10.5% lot coverage proposed. i The applicants would like to ask the Council to consider their lot width, lot area and side street setback variances without tying the approvals to specific house footprint dimensions. The applicants would like to be able to alter the house footprint dimensions within tlie approved side setback and allowed building foot|Hrint areas and the structural coverage and hardcover limits. As a concession, the applicants have agreed to commit to a plan ^ich does not exceed 30% hardcover although the property is within a 35% hardcover zone. Plmning Staff Recomnicadation Staff recommends approval of the variances and supports the applicants' updated request for an open building footprint plan within the approved parameters. COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting Council's action. r ;• -• i * r • . f ' t i CITYOPORONO 27S0 KcHcy Parkwqr POB ok 66 ZONING FILE 05-3092 NOTICE OF PLANNING COMMISSION ACTION Cryital Bay, MN SS323 9S2J49.4600 DATE OF NOTICE: March 22,2005 TO: Mathew ft Michelle Hofinann IS472 Fillmore St NW Elk River. MN SS330 COPIES: TYPE OF REQUEST: Variaacci DATE OF MEETING: March 21,2005 Ptaaahig Conmiasloa rocommcadcd as follows: Approval of lot width, lot area variances and approval of the amended variance request for a 30* side street setback from Keene Avenue in conjunction with construction of a new home with the proposed 65* x 40* footprint. VOTE:6 FOR 0 AGAINST Ap|dicant*s next scheduled meeting is confirmed as: City CoucU-April 11,200S-Mectiag starts at 7:00 pm If you desire certified copies of the ofifrcial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. .‘y. ■ = c 7. #05-3092 MATTHEW HOFFMAN, ON BEHALF OF CAMELOT CONSTRUCTION, INC., 1225 DICKENSON STREET, VARIANCES, 7:22 p.m. - 7:30 p.ni. Matthew Hoffman, Applicant, was present. Curtis stated the applicant is requesting lot width, lot area, and a side street setback variance in order to rebuild a new single-family residence on a property 135 feet side and .60 acre where 200 feet of width and two acres are required. The applicant is requesting the side street setback variance to construct the # V , proposed home 35 feet from the side street where a 50-foot setback is required. Staff recommends approval of the lot width and lot area variance for a home rebuild on this property. Additionally, if the Planning Commission finds the 50-foot side street setback requirement to be a hardship for this property, a side street setback variance would be appropriate. Curtis noted the proposed driveway curb cut is wider than 20 feet, which would have to be reduced to 20 feet or less.. ♦ Hoffman indicated landscape plan has been revised and that the curb cut for the driveway has been reduced. Hpffinan inquired whether he could have a 35-foot sdback rather than 30 feet from the street. / Rahn inquired why the applicant is requesting the additional five feet. ^Hoffman indicated there are steep slopes in that area. Hoffman noted the existing residence is located seven or eight feet ftom Keene Avenue. There were no public comments regarding this application. Rahn commented he does not have a problem with this application with the 30-foot setback. Bremer inquired whether the footprint would remain the same. Hoffman indicated he is considering adding five feet to the house. Rahn stated he would be opposed to adding to the existing footprint. Rahn stated the Planning Commission has to deal with what is being proposed tonight and that the applicant could table his application if he would like to redesign his plans. ■A ..A..- „ . ... ^ ------------------ % 1 :s I HofAnan slated he would like to keep his current plan and that he is proposing the house be shifted five feet to the west, which will help the water drainage to the east. Hoffman noted he would also be acquiring the property to the east for a tear down and rebuild. Rahn stated he would be in ftivor of the 30«foot setback. Jurgens noted he did not receive a portion of the applicant ’s hardship statement in his packet. Jurgens asked the applicant to explain what he feels is the hardship for this lot. Hoffman stated due to the elevations and setbacks that are allowed; the 30 or 3S*foot setbacic would allow for less soil disruption and demolition of the property as well as helping with drainage. Hoffman stated he would also like to preserve a large tree at the 30*foot setback. Jurgens commented he is unsure whether there is a hardship on this pr^ily and that the existing 'W-' building envelope could be utilized with the house reoriented. Hofftnan stated if the house were reoriented, thenar of the residence would face Keene Avenue and would not make the best use of the lot. ' r’t .Jlahn^imiuired whether the applicant is aware of ^letter from the city engineer. irtis stated the applicant has rcpponded to the recommendations from the city engineer and is willing to incorporate them in his plans. Raha aMvcd, Wlahay sccoadcd, nf reconaiead approval of Appikation #05*3092, Camclot CoastraclkiB, lac., 1225 Dkkaasoa Street, graatiag of variaaces to lot width aad lot area, a side ’astreet sctbaeil^rloace of 30 feet to bdp aNsviate draiaagc issacs, subject to the cxistiag footprint » being used aad^ rar|alrcnMnls of the City Engineer being complied with, VOTE: Ayes0,Nays0. [iwunjirtirtiiaiiflii I Exhibit B o^aowE.AIHMII 0 14M«rch2005 Page 1 of 4 Date AppHcatlon Received: #2-23^ Dale Applkalloa CouMcred at Coaipicic: 03-17-0S M-Day Review Period Eipirct: §S-174S To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Sabjcct: Melanie Curtis, City Planner March 14.2005 05-3092, Mathew & Michelle Hofmann, 1225 Dickenson Street, Side Street Setback, Lot Area & Lot Width Variance Public Hearing Zonlag District: Lot Area: RR-IB, One Family Rural Rcsidcatial District, 2 acrc/200* 0.62 acre (27,086 s.f.) AppUeMtioK Summury: The applicants are requesting lot width, lot area and a side street setback variance in order to rebuild a new single family residence on a property 135’ wide and 0.60 acre where200* of width and 2 acres are required. Additionally, the applicants are requesting a side street setback variance to construct the proposed home 35’ from the side street where a 50’ setback is required._______________________ SttiffMtcommeiidirtioii: Planning Department Staff recommends approval of the lot width and lot area variance for a home rebuild on this property. Additionally, should the Planning Commission find the 50’ side street setback requirement to be a hardship for this property a side street setback variance may be appropriate. Hardship: The existing property is the result of the combination of 4-50' lots and does not meet the District minimum requirements for area or width measured at the front lot line. __________ Pertiucut Zralug Ordinance'v! I ' Sec. 7S-420. Area, height, lot width and yard reqaircmcats. (a) Height. No structure or building in any RR-1B district shall exceed 2 112 stories or 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (■cm) LotWkMi (Ikcl) Front Yard (feel) Side Yard (feel) Skk Yard Adjacent to Street (feet) Rear Yard (feet) 2 200 SO 30 SO SO r •-* t ‘; I > 1 FILE • 05-3092 14 March 2005 Paga2of4 Lbt of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Landscape Plan F. Submitt^ Hardco’xr Calculations 0. Memo from the City Engineer H. Letter from Applicant 1. Property Owners List J. Plat Map Background The applicants are the owners of the property at 1225 Dickenson Street. The property is 0.62 acres in area where 2 acres is required as well as 135 ’ of lot width measured at the front lot line where 200 ’ is required. Lot width and lot area variances are required as the applicants would like to build a new single family residence on the property. With the current proposal the applicants also require a side street setback variance in order to construct the home 30* from Keene Avenue (a dead end street) where a 50 ’ side street setback is required. LOT ANALYSIS WORSHEET UtArtfi/WWft; RR-IB Lot Area Lot WMth Required 87.120 s.f. (2 acres)200 ’ Actual 27.086 s.f. (0.62 acre)135 ’ Sstiuskij RR-IB Required Existinc Proposed Front 50’8.5’50’ Roar 50’130 ’110 ’ home 94 ’deck Side Street 50’T 30’ East Side 30’65.9 ’33.4’ !i I'll irni Covefoae; Total Lot Aroa Total Structural Coverate 27.086 s.f. (0.62 acre)Allowed: 4.062.9 s.f. (15%) Proposed: 2.859 s.f. (10.5%) FILE #05-3092 14 March 2005 Page 3 of 4 Hardcover Caiciil«tio»g; Hardcover Zone ^ K— m » Total Area la Zoae Allowed Hardcover Existing Hardcover Proposed Hanicover SOO-IOOO 27,086 s.f.9,480 s.f. (35%) 2,186s.f.* (8%) 5,616 s.f. (20.7 %) After exclusion of fabric or plastic-lined landscape beds Lot Area and Lot Width Variances The applicants* property is the result of the combination of 4 — 50 ’x 135 ’ lots with a total area of 27,086 s.f. and lot width of 135 ’ where 87,120 s.f. in area and 200 ’ of width is required. These variances are required to rebuild any home on this property. Side Street Setback Variance The applicants have proposed a 40’x 65 ’ home situated with the front door facing Dickinson Street and the garage accessing off of Keene Avenue. This proposal meets the 50 ’ front and rear yard setbacks as well as the 30 ’ side yard setback. However the proposed house does not meet the required 50 ’ side street setback rather is proposed to be located at 3S ’from the side street property line and 52.5’ from the traveled right-of-way. Additionally, the curb cut of the driveway is not permitted at a width greater than 20 ’ at the street. The driveway as proposed would need to be reduced at the curb. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In eonMUtrlMg appMcatkuu fw vaHtmee, ikg Phmnlng Coittmisslon sknll consider Ike effect of Ike proposed vorlonce upon Ike keoHk, sofety ond wetfore of Ike conumnlty, exIsHng ond oniMpoled iroffic condMons, Kgkl ond otr, donger of fire, risk lo ikepnNIc sffeiy, ond Ike fffea on volnes of properly in tke snrronnding oreo, Tke Plonning ConnnIssloH skoll consider recommending opproval for rorlonces from Ike Nlerol provisions of Ole Zoning Code In Inslonces wkere Ikeir siHcl enforcemeni wonid cense nndne kerdskip keconse of clrcnrnsmnces nnigne lo Ike Individnel pn^rly under conslderolhn, end skelt recommend epprevel only wken d Is demonslreled Ikel suck ecllons will be In keeping wllk Ike spird end Inleni of Ike Orone Zoning Code. Staff finds that there is hardship to justify granting the lot area and lot width variances as the property is a small lot, similar to the rest of the lots in the immediate small lot neighborhood located within a 2-acre zoning district. Regarding the side street setback variance, should the Planning Commission find that due to orientation of the property, the immediate neighborhood, and the nature of the dead end side street there is hardship justifying a 35 ’ side street setback a variance may be warranted. Issues for CoosidcratioH Are there any other issues or concerns with this application? mWi»I imi 1111 • > II irWii I'l ii i~> I FILE #05-3092 14M«fch200S Page 4 Of 4 Staff Rcconmcndttion If the Planning Commission feels there are sufficient hardships to justify granting the variances as presented, then a recommendation for approval may be appropriate. If Planning Commission wishes to maintain a SO ’ setback from the side street, then a redesign or reorientation of the proposed home may be necessary. The applicant should be asked to address the concerns raised in the City Engineer’s letter. Council will be asked to address this applicant should be responsible for road upgrades. r, ' 'V r". • - ■n fm&mm tf'f 0 i i-* V-, -V. sry>«' 4i ,##ht &nBtA(kkBS8: 2750 Kftlley Parkway Orono, MN SS3S6 r% xzmm Main: 952-240^00 tax: 052-249-4616 MaKkig A(Unss: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application# OS *3^^ Date Received: dLj Jb^ ^ Staff: Fee: AnKHintPaid: ___ S600 Renewal: $300 After-the-fact: $1,200 Double Fee TWf appM rMk¥* form must be completed In fun. Applcant will be notified within 15 days as to the status of the appNcaikin. Incomplete appllcatione will not be placed on Planning Commission Agendas. PROPERTY INFORMATlpN: . Site Address: ^ Prooertv Identification Number (PIN): <D3L I i ^7^ 33 i OC (Attach legal description to application if included on the survey.) Date Property Acquired (month/year) Present use of property: Pf Residential □ Other District: I ft______ C5lD Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal nares and marital stabjs required for each interested party) Name: iKIArrit^ aa*o AtCKgu.g' ^____________________ Phone (home): ________Phone (work): (jf> 7 - 75 _____ Address: /Z/r>g>Z- ___________ Email: IDy^ctbumt r* Fax: *^C*3 OWNER INFORMATION: (Complele iMal names sr.d marital status required for each interested party) Name: rVtiTTftg*^ ^rvlr^/trt«a3^ rYViu^gccg U^Aatueo) Phonafhome): W>/H^(»d / Phone (work): 7 Addres^ Piij^oam auc. ntt/en ------------ Email: 4? Fax: yo'i- V>7 -3 J 3V______ DESCRIPTION OF REQUEST: Describe the request in detaiiiattach additional sheets if necessary): re>4-—ptgo> ---------------- %\^:)oo.ooc ii(Tf rs ^ . esr! . ‘‘ . </ , T . W > ■/" r ' I' ■0^-V. application to be processed. 0^ Pre-Application Meeting Form, completed by a City Planner 0B< Completed Application Fomfi BT Completed Hardship Documentation Form e A e • « . . _ ____________ _ ^ B compieiea narasnip uocumeniauon rurm Certified Property Owners Ust - owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, y Government Center, A-603 300 South 6“* Street, Minneapolis, telephone 612-348-5910 W Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5- x 11" or 11*x 17" for reproduction. .or 11" X 17" for reproduction. Or 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. * APPLICANrS 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 tnie and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a compieto 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 dental of the request reg^leas of Ha potential merit Applicant ’s Signature: Applicant ’s Signature; ____ ^ OWNER'S ACKNOWLEDGEMENT: Date; Date: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents^ Commission & Councii Members for purposes of investigation and verification of thb request. Owner's Signature: Owner’s Signature: ation and verification of thb Date: iUkki Date: Applicant must have ail 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. Applicanta 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 piace of the applicant and advise the City Planner assigned to your project O eu:-‘•7 f 1; H t! /' /;.......• ' v«-%# 1- • *' • ■ . * 5 * ' ^ *-r;I s if '‘-W' > ^5,1 City of Orono Pre-Application Meeting Form fThis form is to be completed by a City Planner during your pre-appiication meeting.*) Strsef AcMtass; 2750 Kelley Parkway Orono, MN 5S3S6 MeMmg Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner ___J^Nice Meeting Date/Time: Main: 952-249-4600 Fax: 952-249-4616 PC Date:^tixA A Vihat is the purposs of a pro-application moeOng? 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: SHe Address: MOTION:Izzs Sr Property Identification Number (PIN): ______________________ Zoning District: Ift-IA Size of Property: yi^Ollo s.f. DESCRIPTION OF REQUEST>^5tPee7' □ Average Setback □ Hardcover □ Other: ^EST>^ ^Side^ard Setback □ Rear Yard Setback □ Lot Coverage ^Lot Area □ Front Yard Setback ^Lot Width Applicant's aa/]^ HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: /1/if^ understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION:________________________________ *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Aoollcaiit Signature:Date: |o < _ In accorctance with M.S. 13.04, Subd. 2. "Rights of subjects of data", we would like to Inform you that your request for a permit or license firom the City of Orono or any of Its departments may require you to fUmIsh certain private or confidential Information.1 You are notified that 1. The information you fiimish will be used to determine your qualification for the permit or license requested. 2. You may refiise to supply data, but refusal may require that the City deny the permit or Noenae. ■•.V' 3. The infonnation may be shared virith other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Coundi action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your fiiN name is required to process this application or permit. First -r- ,4 Middle. Last Address Pix/Ct't)Al l2hi)‘iX\-NM state Zip Phone I understand my rights as stated above. signature •••> ..V ■ .Ia V liaSwiiK' ■ • J£ O fpi 4i - \ I DATA PRIVACY ADVISORY In Acoonlance with M.S. 13.04, Subd. 2. "Rights of sut^ects of data", we would like to Inform you that your request for a permit or license from the City of Orono or any of Its departments may require you to frimish certain private or confidential Information. You are notified that: 1. The Information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or Noanse. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your foil name is required to process this application or permit. Middleia<r Last i1 Address glK aioen City AiP ^33c^ State Zip Phone k I understand my rights as above. ;i> 'I if . ■ r.v I- ► 1 IrT- U . .• a-'.V ■ rcsss? y ewftiTB 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.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.” , 3. *The variance, if granted, will not alter the essential character of the locality.i i IW VWViWilWl WVif i %« IW IV 9a "Economic considerations alone shall not constitute an undue hardship if inabte use for the property exists under the terms of the Zoning Chapter.”m n ' ll ji.' ^ ' Page 3 of 3 12. "The granting of such variance wilt not merely serve as a convenience to the aj^lcant, tHit is necessary to alleviate demonstrable Irardship or difficulty (ilicue/L PfTS ri=> rt4g~ ame/t Cnai*^/t f ogtc^Hgc/rZHcac^. Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): V '‘t* Tj . ea !■ #»■ ■ - . ■/ ■'. (ST^ o •A-:- ... ,y r--»' y *’■• V reJ .-r. * 4 'V**.. * W5r...y^^ ■ r-r- I ^ I J SMfTAMY not MfMM aEv-moo •fMOTT DICKENSON OfitellUi. _STREET •, K:j mf ♦ ♦ ^0{\raiMDnNCH-nr I3s.4a NMIOO'OO'E 7777W?7jr —flHH* C CXISTMC WE9DCWCC »! .nm - k # "/: , xuzLii uzaaj .. i mM >:is:.- ; ; > iks^Wii MMTMV nm IM \ V'v IP X ^:>M W m/ j / / / . , •■■ /'^5/ / /' V^ —' K ^______ .. -«5(» ............. » • » \ ' • * * I •N * I * * I • / « I * 11 •/»»••*•I I f I 111 */ » ; • 11 f / Tlfci “ » / » * / --------i'-l I r i;v r -. V’ • -’■“ • < U'-'^ [•:i® t ■ :.• . ’'V :.y.®a rw' i^' ‘i.-r' ■ 1 ir^.-'. V: ^ nvw • • f i4^‘ • t^/-- -ff r>—^t *'■■»»'" - • »• • 1JPK5. Vil'* l-o mxmmm§mi-ffiSSwol t- :m?-i'sasiiSss «S|iW il'*- 4 D £ 6^ ;.': .•-a.-: . .. :.= v; irnmmiSmm I •• -.4 '"f ■T '•■ • • J>.«# >PF i '• « i fe 3 *• .* t J s I IM 0 s ! ■v.-.r^<n,^------^»- •; ila'n3A.i\.« V-, '•V ' V ^ ‘ ., ■ - ’ • !}-».’ •: yr.rj.- ''yw ff>:-'*'7^'m's-.£^;.iwW fc^' ?■ .• k'-s fMa & . y-^|p*V 1-# V-rf r V-«/. t-i*-# y-*^'Vi® h^tr (iluV *0 •I i. n .—;l-------------;«?1 ;v_i ------,/| f %LL : =-■ 1 _____________ HU ^ 3 \A^ - *•<i‘-i fi/V‘#•V l»*-^ 1-»1-rf I4W |ai4>i j • I • »• 0 s 1 1 i % B II r t 9i ---- - — m-fi 4-*^ -- ^ H *•' *~ »r»«* ::• .''.'S ^':A ^ / N-'-.x •■. :*: VA‘t.5^4 ■ .v^" •".,. -. \„' ■ ■■ *■;;•>'.■%• •' • ■•■ ■ V' '% ■. ■'^ «^r*€- ‘ r • ■. ■"•r-f- ’ #v , U* Q • . •» <- A' ■ i r-T ■?"' ft.» • *j %: . .:l^i fci . -^ ‘ / —------------------------------^ L_ _ Ni-tf : i:?—' -111. (#« GOm !!»*«• X#'-# fWNMTiOM iili!!:>li;b{i ipilf‘«IMl ! i!P! M I Wl V £ i &J ii « 8 KI I Ir f ^ ' W vi^iv* • r.«*i V #f? p.y ’ f rrf. ^ V • » •l I »* • • 1 • • • UMUAfU FlAft WIWTT S&T3ACX ZO^i: (CniC-S ONZ) O-'F 75-t£0’ ryfSTTNc; ?A^DCOv«a TN zoys A. Kcttse _________ Lrai*J: X X X 8. Ctngs C Drivwiy X X 0. Sidcwtik X X E PitiQ/Deck X X F. Lindicipt Underitio By Ptetic X X X a Other total hardcover in zone total property area in zone ♦ B ____X 100 n Tf^nnrn™ in ZONE A. Hooh WMdi X X X a o««ff a Orhtwty X X D. Sidnn& E. p«ipa>Rlc 155i f. IssiKSf^ Undviui By PtaHfe a Odur ii« total KARDCOVaR IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ 3 ___X 100 i 5.?. LG SJ. c - c»* • s=. Sx. S - SJ. SJ*. S.F. S.F. S.F. 32.S.F. 2.iy<r S.F. SJ. ^ A B a.V6V-&F. io ss. SJ, s^. % A S.F. iVt3_—sj- SJ. Iqo3 sj. SJ. 3AJ. S.F. S.F. SJF. EF. vsv SJ. SJ. 5^U» ag-x-T SJ. A S.r. 3 % fr ■•: '■■■ . {>•;« v>. ^ jBonestfoo Andertic & |\|| Associates Engineers & Architects 2335 Wtst Highway 36 • St. Paul. MN 55113 Office: 65I-636-4600 • Fax; 651-636*1311 wwwi>onestroo.com March 10.2005 Mt. Melanie Cuitia Planner CityorOrono Post Office Box 66 vJiyslal Bay. MN SS323 «ECEIVED m 1121® CITY OF ORONO .• .i•• t ,i Re:1225 Dkkenson FileNo. 139-05-C Plat No. 05-3092 Dear Melanie: We have reviewed the site plan dated 2-3-05 for the proposed home construction at 1225 Dickenson. The improvements include the removal of an existing home and construction of a new home. We have the following comments with regards to engineering matters: The plans should be revised to include existing contours at least 50-feet beyond the south and east lot lines. The plans should include the propos ed lower level and first floor elevations. Additional information should be provided regarding the proposed sanitary sewer connection. Will this home be served from the existing sewer stub or is a new connection planned? If the plan is to abandon the existing stub and construct a new connection details should be provided with the plans for the new connection and abandoning the existing cormection. When the property to the south rlevelaped a couple years ago the city required the developer to pave the portion of Keene Avenue that abutted that property. The reason for this was due to the street graries on Krene Avenue and the potential for eroeion. It would make sense to finish paving Keene Avenue north to Dickenson Street, possibly as part of this project The city should conskier what if sny, street improvement contribution the applicant shiMld provide as port of this application. Plana should UKlude gutter and rtownspmit information keeping in mind that storm water should not be routed over retaining walls and should be directed towards side yard swales and not towards adjoining properties. The grading plan should incorporate a swale east of the proposed home to contain storm water on the subject property. Pinal plans should include erosion and sediment control details and design. A hmdsaqw plan should be provided that incorporates best management practices to slow storm water nmofT, particularly water diacharging to the south and east If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE, ANDERLIK A ASSOCIATES. INC. /oy*f Tom Kellogg Cc: OrcgOappa,CityofOrono Bruce Vang, City of Orono • 5t. Paul. St. Cloud. Rochester. Wlllmar, MN • Milwaukee. Wl • Chicago. IL AmmMUHfw OppirtiinHy l8wy>»yir imuu I r 11 errs -----J h Match 17^005 > Asper the laat communication I received frnn die city of Orono 1 have had my surveyor m^e the necessary changes to the survey that were requested. In reference to the sewer oomiecdon, it is my intention to use the existing sewer stub for the new construction. In reference to the gutter and downspout information requested I have marked the downspouts on the hottseplan. The downspouts are to be ran down alongside the house and then terminated undeigrotnid widi draintile as to the existing contours and swales. Thank you, Mathew Hofenann Camelot Construction V:' ■ 'f 4. V . Ifiv, J ' mxxxx - ■■ m . ft* z"'. *■ J ■r:mmy.v;Vv mmM X': ' m ..^1^ iflifrriTli^ nil . ♦. ■«»''’ ^ I -*;v^^.- - r . -mmm m-^ ;A:;&Ssfes Ti- ..'- ^«*Vv- * A .J RUNIMTE:2ai«DS 31 0211723310002 OfAOOR 1230 DICXCraONST imCRNAMe WWMOOUIMANMMCXiUmE kXPAYER WWMOOUlUANMMOOUmE IME/AOm 1230nCKINIOII>r WAYZATAMN SS391 30 0211723310020 or ADM s39KnmBAve miRNAME DHMYOACKBOYO XTAYEK DUSTMHBOYD IM&ADDR SSOKIOlEAVe WAYZATAMN SSMl 30 0211723310042 tOrAOOR 360 KEENBAVB natNAME DONALDEftXlANNEKOAVntON ^AYBE DONALDS a X3ANNBK DAVIDSON HmWADOII 361 KEENE a VE WAYZATAMN SS391 ''■'■• ■' V ' !'■'• ■ i . .=^ ~ .- -'V • ■ : ;AV'. ■ ' ■JMSMi-i- HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 30 0211723310003 PROPAODR 400 RUSSELL AVE OWNERNAMB XMEPHE4EBCARPENTER TAXPAYBl J08EPHB1BB CARPENTER NAME/AODR PO BOX 639 WAYZATAMN 33391 30 02II7233I0027 PROPADOR 1233 DICKENSON ST OWNERNAMB MARION J OETTLOFF TAXPAYER MARION JDETTLOFF NAME/AODR 1233 DICKENSON ST WAYZATAMN 33391 30 0211723310040 PROPADOR 1203 DKKENSONST OWNERNAMB AMYLKLAERSRXNINICLAERS TAXPAYER AMYLKLAERSRXNINKLABtS NAME/AODR 1203 DICKENSON ST WAYZATAMN 33391 30 02II7233I004I PROPADOR 339 RUSSELL AVE OWNERNAME PO PETERSEN ATJENSTAD TAXPAYER P GARY PETERSEN NAME/AODR 339 RUSSELL AVE WAYZATAMN 33391 f.. V •%•• IT 1 -f 30 0211723310047 PROPAODR 430 ORONOORCHARDROS OWNER NAME KEVIN OARNETT TAXPAYER KEVIN OARNETT NAME/AOOR 601 CARLSON PKWY 0613 M04NET0NKAMN 33303 30 0211723310040 PROPADOR 1223 DICKENSON ST OWNERNAME ML HOFMANN AM HOFMANN TAXPAYER MATHEW L HOFMANN NAME/AODR 1223 DICKENSON ST WAYZATAMN 33391 } f, ) V.7- I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF D^CHIMATION AS IT APPEARS TMSJpATE QN THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVI OFMY KNOWLEDGE ANDBEUEF. ~ DATE :SEi^VICE^DEPARTMENT,t07fiEBE^ ) I 6 t T*^ Wiiiia®«i f- ■"K ^ ’ i_.«« : 8 S'V',-.. •■••ii-^^.;v:' ^’;=:. ,h'.-^‘‘'--. . -. •W m. ■ •. .-.• • • -.v-; \V'V .v,;.'v_ »55(* ibrf4aoc»r« ;■■'■•'■-■■ >•-‘5''’ ■• — mmETOmABLUR^ WOODHILL •s' Vf; »i» -I «i»*k 5 . V Tf.i A t?7.« * « V ftTitt r /: f 8 8 » '/ 8 » t'''•• i 8 8 2» '•• _________^5T508 M _____5050.©• 8 8 ft (t)1^' 8 ill * 8. 1%^(7) * 8* ** (11)* ft 8 f ft_f ^fo ^ 8 8 : M:rto; *1 «!• 8 __<9) i t 3 ~ »»<• * X ,. . -? »»<• ~ ^6f; » 8 8 2J »;%(14) 8 8 22 »'9 8 8 2f < 8 8 » ! m •■rfffl! " 8 ft •■ 1 •r .u 8 *•r23l y 8i\50008 *• ___gfJ * 8(17) " 8 ^20;•' » 8 B■ •' rt9j \ (18) * 2NDADDN p- Ditt AppHcatioii lUcthrtd: 02*23-0S Dalt Applicsiioa CvMpletc: t3-49-0S 60*Day Itovicw Period Eipinition: 05-03^ r.o' '" . WP REQUEST FOR COUNCIL ACTION Date: March 31,2005 _ Item No. o Dcpaitarat Approval: Naao: Melanie Curtis Administrator Approval: Agenda Section: Title: City Planner Item Deeerlption: #05-3093 - Streeter A Associates on behalf of Michael A Berit Francis - 2995 Watertown Rd Conditional Use Permit - Resolution Zoning Distrkti Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2-acres/200’ 3.57 acres (155,787 s.f. 419.9’ List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 03-22-05 C - PC Memo A Exhibits of 03-16-05 Applicatioa Summary: The applicant is requesting a conditional use permit for plumbing within an accessory structure (pool house). Planning Commission Recommendation On March 21,2005, Planning Commission voted 6-0 to recommend approval of the conditional use permit for plumbing in an accessory structure. Plaaniag Staff Rceommendation Approval of the conditional use permit per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. KyiiiilAk J (I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-418 (16) HLE NO. 05-3093 WHEREAS, Michael R. Francis and Berit K. Francis, husband and wife (hereinafter **the applicants^ are the owners of the property located at 2995 Watertown Road within the City of Orono (hereinafter the “City") and legally described as follows: Attached as Exhibit A (hereinafter the “properly”); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-418 (16) to allow plumbing within an accessory building (pool house). NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3093. 2. > The property is located in the RR-IB, One Family Rural Residential District, which requires a minimum lot area of 2.0 acres. The applicants* property is 3.57 acres in total area. 3.The Planning Commission reviewed this application at a public hearing held on March 21, 2005 and recommended approval of the requested conditional use permit based on the following findings: a. The proposed accessory building (pool house) meets all required setbacks. *. 1 • • I b. The property is 3.57 acres, and exceeds the 2.0 acre requirement for plumbing within an accessory building. Page I of 5 - *----- •'rrr 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal 2U>ning Code Section 78-418 (16) to allow plumbing within a new accessory building (pool house), subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The applicants agree by executing this resolution and covenant that the property will be bound by the following conditions: a. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code; b. The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained (site is not large enough to qualify); and c. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (April 11,2006). 4. 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. Page 2 of S 1' ------I I I rai V "••• ■ -mm m:;msm^ sSai-iMai K r •-|l-- r; ■ f •► -. . IT'-" /. 5. The undenigped qjplicants 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 chain of title of the property. i'. -V• Adopted by the Orono City Council on the 11"* day of April 2005. • }*ATTEST: I ml'mi ml »Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property Owner(s) ;.4;. i. .Vt-mmm ii -- '■■ wmmmmmmw mmmmmmmy Page 3 of S ihlfi'ni^iiiraALgfa .1 •i mi mm 7 n H'v: ■ < , r kT •f '.•s^ - # *t ;■ '»'- • V STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 11*** day of April, 200S by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _day of f 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on beluUf of the City. Notary Public ■ - Vf Page 4 ofS iiAffefrnnhiri II n nr i \ ^ j-'■• >* XS'-.A,^’' STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment vns acknowledged before me this__day of by Michael R. Francis, husband of Berit K. Francis. ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Berit K. Francis, wife of Michael R. Francis. ,2005 Notary Public mm ' t -r, . Page 5 of 5 J ’■. I4. I A - ■,j?: PfS'sip^ i.- 1 *' fe i i < ■ BxtH&ifA LEGAL DESCRIPnON Lot 3, Block 3, Old Crystal Bay Road Second Addition, an undivided Vi intoest in and to: Outlot B, Old Crystal Bay Road Second Addition. The boundaries of part of above land have been determined by Judicial Landmarks set pursuant to Tonens Case No. 6023. Sulgect to drainage and utility easements as shown on plat; (as to Lot 3) Sulqect to an easement for ingress and egress over that part of the East 16.5 feet of that part of Lot 5, Auditor's Subdivisicm No. 230 Hennepin County, Minnesota, lying North of the Westely extension of the North line of the South 492.86 of Lot 6, said Auditor's SubdivisioiL as determined bv Torrens Case No. 19337; (now as to part of Outlot B) (Hennepin County, Minnesota, Certificate of Title No. 1084480) Site Address- 2995 Watertown Road Qrono, MN 55356 Parcel Area -162,522 SQ. FT. / 3.73 ACRES P.I.N.-04-1 17-23-21-0010 ■ j .. t- jpif -i:** .'• »• • ■VI ; !• -'■' i ; • •. . ’ ■ • ••, ■ '. ;v-. ■■■:■ r__' t. , I-'"■'.'■■ ‘r‘ '■<. ■ ,.»,*■■ ’ ■ i’ ■' •ir: >. ■»■V. .. |v ■'"■■! }Li 1 / rurxui jJUfir—------------r m xysf\. V ^ *^1/SnUEPAVO .// i- £ swa™* WW W.OQf? flcj- • 999.36) ^OECK (EXPAHaON)- concreie retapong walls -% <<^ <Ef iiio j PATK)/^ ••>.V PORCH few adoijioh unnv rjccwck/r--------- -A _\^ \ V U'- •f /f > “! <y-. • 'i- ^ tiv H-v ' *• , »' /" ■ > ■-V CITY OF ORONO 2750 KcUey Parkway POB0X66 Ciyatal Bay» MN 55323 952J49.4600 ZONING FILE 05-3093 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 22,2005 TO: JefTLindgten Streeter & Associates 18312 Minnetonka Blvd Wayzata, MN 55391 COPIES:Michael & Berit Francis 2995 Watertown Road Long Lake, MN 55356 TYPE OF REQUEST: CoadWonal Use Permit DATE OF MEETING: March 21,2005 Phumfaig CoasnissioB recommended as follows: Approval of a conditional use permit for plumbing within an accessory structure (pool house). VOTE:6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: CHy ConneU-April II, 2005 -Meetlat starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. 'iM /OS^r:wVTmm' - • %• m t’ ' -■ -.Vi Mm / r Rr i;." ki i? A Exhibit C 16 March 2005 Page 1 of 3 Date Appikalion Received: •I'lJ'OS Date Apirikatioa CrasMered at Complete: 03<O3^S M-Day Review Period Eipiret: 05-03-03 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Fron: Date: Melanie Curtis, City Planner March 16,2005 Subject:05-3093, Streeter & Associates on behalf of Michael & Berit Francis 2995 Watertown Road Conditional Use Permit for Plumbing in an Accessory Structure Public Hearing Zoning Diitrict: Lot Area: Ut Width: RR'IB, One Family Rural Residential District, 2 acrcs/200 ’ 3.57 acre (155,787 s.f.) 419.9’ AnflkatUm Summary: The applicant is requesting a conditional use permit for plumbing within an accessory structure.____________________________ SUfff Recommendation: Planning Department Staff recommends approval of the conditional use permit in conjunction with a covenant pursuant to Code Section 78- 418(16). Pertinent Zoning Ordinance Sections Sec. 7S>418. Conditional uses. Within any RR-IB one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (16) The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. List of Eihibits A. Application B. Aerial Photo C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Property Owners List F. Plat Map A T h" FILE i05-3093 16 March 2005 Paoa2of3 Backgroaad The applicant is proposing to construct a pool house with plumbing in conjunction with construction of a pool on the property. The proposed pool and pool house meet required setbacks; however the pool house with plumbing requires a conditional use permit. LOT ANALYSIS WORSHEET Lot Area/Widthi RR.1B Lot Area Lot Width Required 87,120 s.f. (2 acre)200’ Actual 155,787 s.f. (3.57 acre)419.9 ’ SetJiaeks: RR-IB Required ExistiBE Proposed Front 50 ’71.6 ’House I90 ’-Fpool house Rear 50 ’151.6 ’house 77.2’ pool house South Side 30 ’62.7’ house 53.9 ’ pool house North Side 30 ’369 ’ House 369 ’+ pool house Stnictaral Covcraac; Structural coverage limits do not apply as the property exceeds 2 acres in area. Coaditioaal Use Pcrnlt Analysis ^Zoning Code Section 78>418 (16) states that approval shall be granted only when the following criteria are met: The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. 7%e accessory structure will serve as a pool house and will not alter or be den imental to the residential character of the neighborhood. The plumbing fixtures proposed are in keeping with the intended use of the accessory building. The plumbing fixtures proposed are toilet, shower, and lavatory, and washing machine. They are appropriate for the use within a pool house. The property is 2.0 acres in area or larger. The property is 3.57 acres in area. This criterion is met. The accessory building is conforming in location, size and height. The accessory building meets the side and rear setbacks and is proposed to be 20 ' in height. I * T < Mini mi ■ - ^ FILE MS-3093 16 March 2009 Page 3 of 3 The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest bouse conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Staff finds that the conditions of approval have been met and the property owneis will agree to a covenant stating the above stipulations upon Council approval. The proposed pool, patio and pool house will not interfere with the current septic mound, nor will it interfere with the alternate mound location. Additionally, the plumbing within the proposed pool house is not considered an expansion to the current septic usage as usage is regulated by the number of bedrooms, lliere will not be a bedroom within the pool house. Issues for ConsMcratioa Are there any other issues or concerns with this application? Staff Recommendation Plaiuiing Staff recommends approval of the conditioiuil use permit subject to filing a restrictive covenant in the property title. wm. mwm SRftia^ I La\ r 'j I. etHlSIfA CITY OF ORONO - GENERAL LAND USE APPLICATION Application# CS^'^OQ ^ Date Raceive d ^ Jj^^/os~ Amount Paid (onCf.OO PROPERTY LOCATION Site Address WAnBe-^ntJiA Rjdl Type of Application to be Filed Property Identification Number (P.I.D.)__________ APPLICANT Name ot&Pi LyiiiCrfHLll Phone (home ) z.'m Addres s HiutianpasA %ukl Phone(wort^) ^SZ.44^.*\AA^ _ City UJk^m Zip 5S3RI OWNER fif different than applicant) Name HlcJRAajL i» ftaarr Phone fhome ) ^sa.4is.^i#^l Addres s Z^g Uawiriwk^ Date Prgoe{tv Acquired I (do) ^onog also own the adjacent parcels of land. Phone (work) C#l2.te^te.Zfe2Z ______ City .Oeflfclfi ________Zip_653S6> ___________(month/year) FEES • CONDITIONAL USE PERMITS • X__$600.00 Residential Accessory Use Pi L/mk?l Jn ____$600.00 Institutional (church, school, etc.) ____$600.00 Guest House/Guest Apartments ____$600.00 Duplex CreditfBldg ____$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 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' V V '-i»'• i-l ' J V- V '..r \ iCl<’I • r I imftjiim -dip" . REQUIRED SUBMITTALS 1. 2. 3. T 4. 5. 6. 7. 8. 9. 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 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'* X17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________Date________ ^ APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by ttie Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date CZ/ZS/^ y OWNER'S SIGNATI ^ The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature be City offio Date ^ • ^5 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meeting are held on the third Monday of each month. Applicants must be present at all sdwdulad review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. J l' .. 44- V. #• o i>;*.V 1 . 1 ‘^1 i V t. DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, “Rights of subjects of data", we would like to Inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for ^ the permit or license requested. 2.You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5.You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6.Your full name is required to process this application or permit. First Middle 9115 fW Last Address City State Zip Phone -i i tdaiu ^ V r ■;•**v'^u:.;, :•> >-'V. ' »* . -• V* L ** ’. < »N, * ^ ■ . , , I . '• i ♦ •>71 t‘#l 'Wii JM?T?Kln .Ck,\ > V ’ .7k!iB V» •■! # y- . .i .*- ,-. ,‘iA#<>^.,;vi,CU. /w^ . ;" < •* ». '• .#. -*;r‘ 1 r ■’^.V->V^; - • s'* ,*•> ^ -V v:/p V .-f:' • ’ "■'' '* * /: '..',• .• ■'*■’** ■ ■:#•*■ / » - .• W>» «> V t v*~ >>’V * ■'••'•• • if,-y Jk; .J '.iA.i* jj— : :‘aS'"PPP ■:m -y 4Wm ^iaSSste-^KfflHMES’-.s'j^-j, -(-sfcv' ■■»- 'atsteii^m$M : \ .VtW • II k5a.:«M2fei.P ir^iiiim.^<v* p' / •.I mj A- . , 3 %?*Swm 1rrk-'^ya fs ?. 4:v;’;r*lt'PT'w'aW* Ji'i ;l?^V;;-iv.v \r.V/,V‘--'^ Ji^»,\ .^0, ^i»» . j.-i/ A .•-■ary-r ::- ^-w; =:i •, ftlvS;.-'■' 'i4i'4i ■*;: ■ RUN DATE: 2/tV20(O 31 04I17333I000I ntOTADOR 2MS WATERTOWN RD OWNER NAME TORLBAURLE TAXPAYER THOMAS D* LOUANN BAUAIE NAME/AODR 29tS WATERTOWN RD LONOLAKEMN SS3M 31 0411723210007 PROPADDR to WEAR LA OWNERNAME ORCDESANTIS TAXPAYER GARY* CHERYL DESANTIS v> ME^AOOR M WEAR LA LONOLAKEMN SS3S6 31 04117232*0011 PROPADDR 2990 SOMERSET LA OWNER NAME PRANK JCASTIOUONE JR ETAL TAXPAYER STACEYTRANKCASTIQUONEIR NAME/AODR 2990 SOMERSET LA U3NOLAKEMN SS3S6 31 04II7232I00I6 PROPADOR 31 ADDRESS UNASSIONEO OWNERNAME M R FRANCS * B K FRANCIS TAXPAYER MICHAEL RRBERITK FRANCS NAME/AODR 299S WATERTOWN RD LONOLAKEMN SS3S6 31 0411723220023 PROPADDR 130 CYGNET PL OWNERNAME MAROARETDROSSINO TAXPAYER MARGARET D ROSSINO NAME/AODR I30CYONETPL LONOLAKEMN 3S336 31 04II72I220030 PROPADDR 30IS WATERTOWN RD OWNERNAME J A WILLIAMS * A M WILLIAMS TAXPAYER JErPREYAAANNMWILUAMS NAME/AODR 30IS WATERTOWN RD UMOLAKEMN SS3M W- . r. A. HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST . PAGE: I 31 O4II7232IO0OS PROPADDR 20WEARLA OWNERNAME 3AKREPPSRKLKREPPS TA3CPAYER JERALD A R KERRY LKREPPS NAME/AODR 20 WEAR LA LONOLAKEMN SS3S6 3R 0411723210009 PROPADDR 31 ADDRESS UNASSICNED OWNERNAME ESTOF RUTH F WEAR TAXPAYER CTTYOFORONO NAME/ADOR POBOX66 CRYSTAL BAY MN SS323 3t 04II7232I00I2 PROPADDR 2920 SOMERSET LA OWNERNAME PLOINSBERORLEGINSBERG TAJCPAYER PETER R LORI GINSBERG NAME/AODR 2920 SOMERSET LA LONOLAKEMN SS3S6 3t 041'.723210017 PROPADDR 31 ADDRESS UNASSICNED OWNERNAME OLD CRYSTAL BAY RD ASSOC INC TA3TAYF* ROBERT HARE NAME/ADOR 1600 LONG LAKE BLVD ORONOMN 31 0411723220028 PROPADDR 3043 WATERTOWN RD OWNERNAME BRUCECRKATHRYNSHALL TAJCPAYER BRUCE CR KATHRYN SHALL NAME/ADOR 304S WATERTOWN RD ORONOMN SS3S6 31 0411723220033 PROP AOOR 306S WATERTOWN RD OWNERNAME TPMANOLESRCGMANOLES TAJCPAYER TPMANOLESRCGMANOLES NAME/ADOR 3063 WATERTOWN RD LONOLAKEMN SS356 ^ - t. I 3t 0411723210006 PROP ADDR SO WEAR LA OWNERNAME DR J HILL TAXPAYER DAVID MR JEANETTE PHILL NAME/ADDR 50 WEAR LA LONOLAKEMN 33356 38 0411723210010 PROPADOR 2995 WATERTOWN RD OWNER NAME M R FRANCIS R B K FRANCIS TAXPAYER MICHAEL RRBERITK FRANCIS NAME/ADDR 2995 WATERTOWN RD LONOLAKEMN 55356 38 041:723210013 PROPADOR 2850 SOMERSET LA OWNERNAME TRTRANCSRUD/JGTRANCSRUD TAXPAYER JON 0 R TERESA R TRANGSRUD NAME/AODR 2850 SOMERSET LA LONOLAKEMN 55356 38 04<1723220020 PROPADOR 160 CT'CNETPL OWNERNAK.'E PADF^ERNAROIRCDHARTMAN TAXPAYER PAUL A DEBERNARDI NAME/ADOR CHERID HARTMAN 4793EUROPATRN HUCOMN 55038 38 0411723220029 PROPADOR 3010 SOMERSET LA OWNERNAME WCRSJCARSON TAXPAYER WALLACE ORSHARYLJ CARSON NAME/ADDR 3010 SOMERSET LA LONOLAKEMN 55356 38 0411723220034 PROP ADOR 38 ADDRESS UNASSIONEO OWNERNAME SJULSETHRODULSETH TAXPAYER STEVEN J ULSETH NAME/ADOR 3085 WATERTOWN RD LCM4QLAKEMN SS3S6 r. • ,1 5* -« ■' ' . ■ ■ mmm K' “W RUN DATE: l^lSOns f-'((*->; , i. .,4 T; ' ;* M 3311123330001 •RORAOOR 3030 WATERTOWN RD 3WNRRNAME DCBRAARBNCKENS TAXTAYER DRIRA A RBNCICENS 4AME/AODR 3020 WATERTOWN RD ORONOMN 33336 31 33I1I233400II •ROPADOR 31 ADDRESS UNASSIONO) IWNBRNAME WEAR ENTERHUSES PARTNERStOP TAXPAYER WEAR ENTERPRBES PARTNERSHIP 4AMBMODR OO WRJJAM W WEAR PO BOX 243 UmOLAKBMN 33336 . ^'>V / 'V >' 1 UVVr-;';?;rv'.-/^' ■iHR !. rdt j ; ; :V ■ ::l '4| pi: -v:.;^ ' '"fS*r tev»:'Si’SSs HENNEPIN CX3UNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 33IIS23340006 PROPADOR 53 WEARLAN OWNERNAME DIANAJOROSS TAXPAYER DIANAJOROSS NAME/ADDR 33 WEARLAN U3NOLAKEMN 33336 3S 33II8233400I0 PROPAODR 40 WEARLAN OWNERNAME H HOFFMAN A S HOFFMAN TA3CPAYER HUGH A SUSAN HOFFMAN NAMETAODR 40WEARLANEN LONG LAKE MN SS7S6 / .• ;-v. • -r": i ' . \. ^ I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPAR OPMY KNOWLEDGE AND BELIEF. DATE lun AS 11 ArrcAKS 1 his uai b UN THE I I SERVICE DEPARTMENJr^ TIK BEST .‘z/im^ «v L/ -,t Tt • V}^-' * w- /*;, JT‘. -Si ‘ I-- f 1. jr V \o -'n PAGE: 2 A • A I» m REQUEST FOR COUNCIL ACTION DATE; ApriU\l2TO5 ITEM NO.: Department Approval: NaiM Michael P. Oaffron Title Planning Diiector i:Administrator Reviewed:Agenda Section: Zoning Item Description: 2005 Joint Use Dock Licenses (Renewals); Wallen Port Aaaociation Porast Anna Homeownen Asaoc. Carlaon/Nelaon^age PheaaanI Lawn Homeowners Assn. Foxhill Homeowners Association Kelly Cove Homeowners Association Minnetonka Power Squadron Victoria Estates List of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2005 Applications We are in receipt of nine of eleven renewal joint use dock license applications for the 11 existing joint docks the City has historically licensed. Eight of nine applications exhibit no signiflcant changes from previous licenses. The Bohn’s Point association (Mandel/Aanestad/Chapman) has ^iplied for a 4” slip where this site has historically been allowed only three slips. This application will be presented at you next meeting. We have not yet received a 2004 qiplications fiom Big Island Inc. and the Vet’s Camp. I do not expect the Vets Camp will iqiply for a license in 2005. Within the past year there have been no complaints regarding any of the eight joint uses requesting no-change renewals. Staff recommends approval of2005 joint use dock licenses for each of these ei^t applicants. COUNCIL ACTION RI ^iJESTED: Adopt the attached resolutions granting joint use dock licenses for 2005 to each of the applicants. Proposed Motfon: Moved by__, seconded by__, to adqit Resolutions____through____.directing staff to issue joint use dock licenses to Forest Arms HA, Carlson/Nelson/Gage, Fox Hill HA. Walters Port Maintenance and Improvement Association, Victoria Estates, Kelly Cove HA, Pheasant Lawn HA and Minnetonka Power Squadron for the period of January 1,2005 to December 31,2005. i ! 1 J . j MMlm III Iinira i * r ■«w ': .• '■•-. V'v^ • ^-j ••■«'*i • A ~\ big island >tts camp 3IG ISLAND, INC CITYOFORONO PRIVATE JOINT USE DOCK LOCATIONS * IN « rfntUrifi —■*-iNttefcmiatmnwi «TrifiHii fTfiiWii TTWTT Bin ¥iiri iii^¥iTj > ■ If 'i r->' RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER*S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Miimesota and has the authority and responsibility under Miiuiesota Statutes, State Statute 412, et. seq. end State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public wators by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that ar?v riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for ail suitable purposes in comnwn with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and A •- ■i- ■'A ^ L'.?’ Page 1 of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Oiono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concenis and the following special conditions as they relate to an qrplication for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 1 1th day of April, 2005. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The fmegoing instrument was acknowledged before me on this______«iuy of____________, 2005 by Barbara A. Petemm, Mayor of the City of Orono, a Miiuiesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this______day of ________,2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ‘ *1'. f* :•lUifi Notaiy Public Page 2 of2 J r CITYOFORONO EXHIBIT A RESOLUTION NO. CONDITIONS OP ISSUANCE FOR ANNUAL JOINT USB DOCK UCEKSE L LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: TedStorlie Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group ___ other yr'f' License Period - January 1,2005 to December 31,2005 BOAT DENSITY The number of in*place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Tranrient (Day uts only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Ofbhore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman _Q _0 0 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of tfiis license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Variances granted for 2005; a) West property line (extension of west line of Lot 2, Block 2, Walter’s Port) - 1 O' required, zero setbMk proposed b) Southeast property line (extension of southeast line of Outlot 2, Walter’s Port) -1 O' required, zero setback proposed 2.The five slips are qrproved for use by the following properties located in the plat of Walter’s Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2. Block 2 Shp 3 - lot 1, Block 2 Slip 4-Loti, Block 1 Slip S - Lot S, Block 3 (part of Lot 1, Carman Bay Heights) i: 3. City must be notified immediately of any change in use or configuration of the dock. 4.All boats permanently moored at this joint use dock must be registered to the applicant property owners. 5. Lot 5, Block 3 0>art of Lot 1, Carman Bay Heights) is allowed four boats maximum (1 oflagoon,3at outer lakeshore). V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in amanner peiiiutted by this resolution, bu’ the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as J)e City and other competent regulatmy authorities shall deem necessary fiom time to time in the public interest. I i V 14 iii I CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2005 CITV USE ONLY Datt Form Mailed to Ucciucc February 9.200S Date Applicatiou Returned to Otv Fee Received S ^20. OV By Employee_ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 RECEIVED MAR 0 9 2005 CITY OF ORONO Section 94-37f«). LICENSE KEOUIREP - "It la unlawful for anv tyroup or aiaociation oj pertoni or families, more than two in number, whether incorporated or not) to cn|age or participate in... Joint use (of any lakeshore property) without first having obtained an annual license from the Cit** ” Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 15 of the license ye?ir. L. 1. 2. 3. ASSOCIATION INFORMATION Association title or name (if any) (aJ^ ^ ^cf~~ Lake tl\ Bay Person re^nsible for this plication: Name (-r^ Srfa(/i /f_______Phone 4. Mailing Address ^ pfs/'e^A jAdf sC&y Relationship to association o ________________________ Association is (check q)plicable items): unincorporated homeowner's group. ___incorporated Homeowner's Association. unincorporated club or recreation group. , incoiporated club or recreation group. 5.Prin^al purpose of joint use dock is (check applicable items): —-LZ provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check applicable iton): ___one member's private property. easement or outlot owned in common. property leased by the group/association, property owned by die group/association. Page 1 of4 If m y K •it } ■k y;>c \ »• '4% i:' .1 Ii I ’I h 5 I c; f »1 ■ Pi . i ■- * ■li 7.and ownership infomiati ZfcWz-Tt)! ~~ (i cr List Dock location and ownershin information: Street address Legal property description Lc> T ^ PID# o^/■/ ^4- ^ Listed property owner(s) 8.Names/addresses of abutting lakeshore property owners: tNorth/Wesrt ______________________________ fSouth/EasO Names/addresses of other affected property owners (attach sheet if necessary): 9. hisurance Coverage • The jointly used dock is insured by one of the following: property owner's homeowner's policy. separate group/association owned policy. Name of insured Name of insurance carrier ^ Name of insurance agencjT^^TXIi^S^ Policy No._________________Effecti^ date of coverage S6'‘‘Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence I-njT $ / * (J, 10. contract security service Security and policing of the jointly used dockapd property is provided by (check applicable iten(s): ____fencing _____security lighting property owner's presence h^Csioth^ (specify) n. DOCK INFORMATION W- 11. List Dock Use Area Specifications: Width of shoreline:________ft. Length ofmain dock from shore: Dock setbacks from side property lines at shore:________ft. and ft. ft. 12. Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking wooden decking ____metal decking Page 2 of 4 ■ :=’» , 13. List Dock Accessories: NumbCT of fire extinguishers available at the dock Number of life preservers available at the dock_boi^f5‘ 14. List number of slips in each categoiW"sIips'' includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys__ Permanent moorage slips % ^ Permanent moorage off-shore buoys _ Dry storage (rack) slips__________ Maximum number of boats at the dock IS. List number of off-street parking spaces available for users of tl.e joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. m. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check ^licable iteipi^: ___rtone rip rt^ _^^ood seawall ^r^etal seawall ____concrete seawall ___grass and vegetation only _____other (specify)______________________ 1 7. Depth of water at shoreline: S ft; at 50 ft. out: at 1 00 ft. out: ^ REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - 4T .T. APPLICATIONS A dock plan, drawn to scale, showing the shoreline width <cf diis property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED CiROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a lenewei application and our joint use dock is to be operated under the same by-laws or agreement originally made in______ (state year) and on file with the City.” Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATION.S 1 . A list of the names, mailing addresses and titles of all corporation oilicers. Pages of4 n fi- • 2. A statement as to the total number of members in the chib or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not reouired if the applicant initials and ceilifles the following statement: "This is a tenewal application and our joint use dock is to be operated under the same articles of incorporat on and/or by-laws as originally made or last amended in________(state year) and on file wit*, the City." ______________ApplicantV initials D. ANNUAL UCENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FP.R for each permanent moorage slip, lift, dry stack, or buoy. S slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/15/05 $ $20.00 $ $ TOTAL DUE THIS APPLICATION ro LATE FEE - Renewals implication fi)r renewal oflicenses shall be made no later than March 15 ofdielicense>«ar TheCitv.shall not accept renewal license applications received after March 15 unless the application is accom p '■nied bv a late fee of $25.00. REVIEW PROCEDURE When acomplete qiplication is received, the application will be reviewed by the City Council and, in the case of new or unusual q)plicatiQns, or ^^lications proposing substantial changes from prior licenses, also by die Planning Commission and/cv a qiecially appointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property r ny reasonable time to perform safety and code compliance inspections. Signed Date Page 4 of 4 •• •• »•• %.« • • w • J RESOLUTION.» 2367 'C ac Loom CooTukT>JUlm, w tttLTIK'S PORT (ilerth)i subject to Order of 4«23*B4 • • •• * • « * A • • M •• • im •■■—■ • ••• • •H nBSrSt> Su9 \ • 2. 3 •. *. *-^T a. \^i. a. cftciop'f Uor* 1 \ a. VoT^ \ .' - <jiu 4, ■• /<i<io - -Sr^-r' ■■■■*' -•"•L-.J* • '••^. • .'• ••.■■^'' ■ ■ ■ ■ ••. • o-A •'^*-> /-iS7- •. —•• ’ ’. .... .•T*. . r . .. • • • -~ — —“ • raRX 0^ ••*verT‘\ C*>>Q»r>.fk.o \S«i\CyiT| S2i ;...^ • 9 *. \• • •• * • • *. . ••.«• •• • rm id miff! ppa V Pijrp-r^ M .^2KZ. I^aP k<r & (Ih G52 - Y?( ■it , 4 at J^/'C'^ , .. mLf1/ vO rf'i *-i^- ’ • I ,■• i. > ■ j «s *-'Mty-r^v ••,•.•.'= si*f i^ *• ♦ ■'f-t. ■;- t#i ^;V p'^ ■>'^y.-t»' yr irfiM !■ 1^ I -* tI RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City ofOrono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfore of the citizens of the City and other membors of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the Slate of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent proliibiting any interfereim with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Miiuietonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of ei\ioyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owno* has no exclusive privileges to these rights; and ’ Page 1 of2 Rp'' "'VV ’ ' , >;;? ■ m ■ ■■'. ■ ■ "• "'ij »t* :u WHEREASy Lake Minnetonka is capable of substantial beneficial public use only as long as all ripanan users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock ftcilitiea when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; WHEREAS, the purpose of diis Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described <m Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facto and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 11th day of April, 2005. ATTEST:m Lindas. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OP HENNEPIN The foregoing instrument was acknowledged before me on this_______day of___________, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was «iecuted on bdialf of the City. ?v • I /Notary Public * . fSTATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .,2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said imtrument was executed on behalf of the City. Notary Public Page 2 of2 ..djatai ;.;;;v^'':iteymmmmm'm CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Forest Aims Country Club Addition Homeowners Association, Inc. Dock Address: 424S Forest Lake Drive Agoit: Jerry LcMire Address: 4205 Forest Lake Drive, Mound, MN 55364 Licensee is:unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group __ other License Period - January 1,2005 to December 31,2005 BOAT DENSITY The number of in-place boot slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed die number pennitted in the prior year's license. Authorized Boat Density per attached plan B^ Traiunent (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offthore Buoys Maximim Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Forest Lake _Q M wme Ji •Mm CITY OF ORONO P.O. Box 66 Crystal Bay, Mb 55323 952-24M600 LICENSE YEAR 2005 CITY USE ONLY Dite Form Mailed to Ltccniee February 9.2005 _ Date Applicatloa Returned to atv ■^A^3/6'> Fee ReceivedS D By Employee — ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 SecUoii f4-37(nl. LICENSE REQUIRED - *'lt la unlawful for anv faroup or aifoclatlon oB penuns or famllkf, more than two io number, whether Incorporated or not) to engage or participate In... Joint use (of any lakcthore property) without flrtt having obtained an annual llceuM from the City." Please complete all Items and submit signed application, required attachments, and license applicatioB fee to the City Clerk by March 15 of the license year. ■ fC . I. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) tfAOK Lake ______________Bay Person reqxmsible for this application: Name Lf> Phone ^ V?^ 2-Z-3 C MailinR Address ^7^t>C //C Relationship to association ___________________________ Association is (check iqiplicable items): ___unincoiporated homeowner's group. V incoiporated Homeowner's Association. unincorporated club or recreation group. . incorporated club or recreation group. 5.Principal purpose of joint use dock is (check lyrplicable items): X* provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): ___one member's private prqrerty. __ ___easement or outiot owrred in common. X* property owned by the group/association. property leased by the group/association. i Pa^ 1 of 4 -I * 1 y 3 ' a a i*. r I ■ } I J i 11114 I :l I ■i V . ct c 7.List Dock location and ownership information: Street address_________^ 'LM ^ //<^ hi/" Legal property description Lo\^ |■•ir~2~ ^_____ PID#_____________(d yK l4 nr> '? '\ listed property owner(s)__ 4i(^ ^ |g*rvTi o_ tH lJa/At3 8,nes/ad^TKses of abutting lakeshore property owners:Names/ad (N ISsul Nam(of other affected property owners (attach sheet if necessary): 9. Insurance Coverage • The jointly used dock is insured by one of the following; property owner's homeowner’s policy. sq)arate group/association owned policy. Name of insured Name of insurance carrier Name of insurance agency Policy No.___________Effective date of coverage Amount of coverage: Public liability, per person, per occurrence S. Public liability, per occurrence $. 10.Security and policing of the jointly used dock and property is provided by (check iq)plicable itenjs): ____fencing x security lighting property owner's presence ____contract swurity service _____other (specify)_________________________ II. DOCK INFORMATION 11. list Dock Use Area Specifications: Width of shoreline: ft. Loiglhofmain dock firom shore; J/)^j ft. Dock setbacks firrm side property lines at shore: ft. and ft. 12. Dod(X)onstruction (check applicable items): seasonal dock (relocated or replaced each year) pomanent piling with seasonal deck _ wooden decking ____metal decking permanent piling and decking Page 2 of 4 r'-t 13. List Dock Accessories:J^lBl L/OCK /vcccBsoncs: . / Number of fire extinguishers available at the dock Number of life preservers available at the dock___________ 14. List number of slips in each category ("slips" includes boat liAs): Transient (day use only) slips _____ Transient (day use) off-shore buoys_______ Perroanont moorage slips Permanent moorage off-shore buoys ______ Dry storage (rack) slips__________ Maximum number of boats at the dock 1S. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated fix>m the dock by any public road. _______spaces. in. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check ^licable items): ___stone rip rap ____wood seawall ____metal .seawall concrete seawall y grass and vegetation only other (specify) 17. Dqith of water at shoreline: O ft; at 50 ft. out: "Z at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.iRPORATED GROUPS OR ASSOCIATIONS 1. A list of the munes and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note; This copy is not required if the epplicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in______ (state year) and on file with the City." A{^licanfs initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. CM. hie Page 3 of 4 2.iStalM.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "Tliis is a renewal application and our joint use dock is to be opera^ updn the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the ^q)iicant's initials City. ■i: D. ANNUAL UCENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule 4 r ■■ ’'S * INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SI.TP PRR for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each $ $20.00 LATE FEE ($25.00) if application returned after 3/15/05 TOTAL DUE THIS APPLICATION $ $ H^.on LATE PEE - Renewals ^ipIicadonfinTenewaloflicensesshallbemadenoIaterthanMatch 15 ofthelicenseyear. The City shall not accept renewal license applications received after March 15 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When acomplete i^lication is received, the qrplication will be reviewed by the City Council and, in the case of new or unusual applications, or q^licadons proposing substantial changes fiom prim* licenses, also bydiePlanningCoffimi8sionand/oraq)ecially ^rpointed Marina Committee. The Council will take action on the qrplication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY' COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the rqiplicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to Date >7/6?' Page 4 of 4 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKA WA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Miruiesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection fiom activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any intcilerencc witli the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in conunon with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of eqjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 i- WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparitti users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 9^37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following qrecid conditions as they relate to an ^plication for an annual Joint Use Dock License described <m Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock Ucaise according to the focts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 11th day of April, 2005. ATTEST: • V Linda S.Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowled^d before me on this______ Bttbum A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. day of .,2005 by Notary Public STATE OF MINNESOTA COUNTY OP HENNEPIN The forcing instrument was acknowledged before me on this day of .,2004 by Liixla S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 > t % , != J CITY OF ORCNO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of460,500 and SSOTonkawa Road ick Address: 500 Tonkawa Road Agent: c/o Christine Schmidt Address: Tonkawa, Inc., 301 Carlson Parkway, Suite 275, Minnetonka, MN 55305 Licensee is;__ unincorporated homeowner's group __ incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group JL other not applicable License Period • January 1,2005 to December 31,2005 BOAT DENSnY The number of in<piace boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed die number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Of&hme Buoys Maximum Boats in Water Maximum Boats per prior licoise MAXIMUM BOAT DENSflT Stubbs Bay 8 & Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. ^ 1 Exhibit A Resolution No., Page 2 DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this la3X)ut shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of diis license is subject to foil compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The ei|^t approved slips are fcnr the exclusive private use of the property owners at 460 Tonkawa Road (Gage), 500 Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). V.Nothing in fois license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent re^ilatc^ aufiiorities shall deem necessary fiom time to time in the public interest. I".. ■'m ;v» I-' tm- ft.. ‘ ^^ -3 M fm it-: f. # k/kl.tUL m-t t •>' I I CITY OF ORONO P.O. Box 66 Crystal Bay, Mo 55323 952-249-4600 LICENSE YEAR 2005 CITY USE ONLY Date Form Mailed to Liccmec Febniarv 9.2005 Date Application Returned to City 3 Fee Received S By Employee __ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 ■ ) Sactioa 94.37(a). IJCENSR REQUIRED - "It la unlawful for any (group or aitociaUon o peraous or fainllki, more than two In number, whether Incorporated or not) to engage or partldpata la ... Joint use (of any lakeshorc property) without first having obtained an annual license from the City."________________________________________ - CT"*’ Please complete all Items and submit signed application, required attachments, and license application fee to the City Clerk by March IS of the license year. I. ASSOCIATION INFORMATION 1. Association title or name (if any) Nelson, Carlson, Gage Families Lake Minnetonka _________________Bay Stubbs_____________2. 3.Person responsible for this qtplication: Name Christine Schmidt_______Phone (952) 904-5606 Mailing Address Tonkawa, 301 Carlson PkwY.. Ste 275 Minnetonka. MN 55305 Relationship to association Director of Family Services __________________ Association is (check applicable items): N / A ___unincmpoiated homeowner's group. ____unincorporated club or recreation group. _____ incorporated Homeowner's Association. ___incorporated club or recreation group. 5.Principal purpose of joint use dock is (check iqiplicable itens): X provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offihore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check qrplicable item): X one member's private property, easement or outfot owned in common. property leased by the group/association, property owned by the group/associatioa : S 1 il; l:I.V* Pttc lofd ! V . i i• 4 1 tsu ■ it j |:W 4 43 IIIa a Hi i i I I i ’ 1 r 7. 8. 10. List Dock location and ownership information: Street address 500 Tonkawa Rd.. Long Lake, MN 55356 ______________ T^gal property description NS 1/4~~ SW l/4» Sec. 5, Twnsp. 117, Rng 23 PID# N/A ___________________________________________ Listed property owner(s) Dr. Glen D. Nelson ______________________ Marilyn C. Nelson___________________________ Names/addresses of abutting lakeshore property owners: fNorth/West^ Edwin C. Cage/Barbara C. Cage 060 Tonkawa Rd. Mrs. Curtis L. Carlson 550 Tonkawa Rd.___________ Names/addresses of other affected property owners (attach sheet if necessary): NONE 9. Insurance Coverage • The jointly used dock is insured by one of the following: X property owner ’s homeowner ’s policy.__separate group/association owned policy. Name of insured Glen D. Nelson 5 Marilyn C. Nelson ______________ Name of insurance cairia* Chubb Indemnity Ins. Co.__________________ Name of insurance agency Marsh. Inc.____________________________ Policy No. 1245145013 ________Effective date of coverage 7/1/04 - 7/1/05 Amount of coverage: Public liability, per person, per occurrence $____________ Public liability, per occurrence $_____________ Security and policing of the jointly used dock and property is provided by (check applicable iten s): ____fencing _____security lighting X property owner's presence ____contract security service X other (specify) Caretaker________________ Kli*iRMATION 11. List Dock Use Area Specifications: Width of shoreline: 296 _____ft. Length of main dock Dock setbacks fiwm side property lines at shore:______ llOfl shore: ft. and ft. ft. 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking X wooden decking ____metal decking Page 2 of 4 f 13. 14. List Dock Accessories: Number of fire extinguishers available at the dock Boats equipped w/ extinguishers Number of life preservers available at the dock Boats 6 storage shed contain adequate life preservers List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 0 Transient (day use) off-shore buoys __0_____ Pemanent moorage slips 8 ______ Permanent moorage off-shore buoys _____ Dry storage (rack) slips 0_______ Maximum number of boats at the dock JB ____ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. N/A spaces. m. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): __^ stone rip rq> ___wood seawall ____metal seawall concrete seawall grau and vegetation only other (specify) marsh, sand beach 17. Depth ofwater at shoreline: 1/2 ft; at SO ft. out: 6 ft : at 100 ft. out: 18 ft REQUIRED ATTACHMENTS The following must accompany this application: DOCK PLAN. AT .T. APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, die side property lines and the location, layout and dimensions of all docks, s14m and buoys. If off-street parking, dry storage or other on-Iand functions are intended, diese also should be shown on the plan. B. UNINCORPORATED GROT TPS OR ASSOCIATIONS A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifiea die followirg statement; "This is a renewal application and our joint uaa dock is to be operated under the aame by-laws or agreement originally made in______ (stale year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and t’*|es of all corporation officers. Page 3 of4 ! i oaH‘iiunitirasa^»datfkianai 2.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are nat leauired if the spplicant initials and certifies the following statement This is a tenewal application and our joint use dock is to be operated under the same articles of incorporation and/br by-laws as originally made or last amended in _______ (state year) and on file with the City." ______________.^rplicanfs initials ANNUAL UCENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule $ $ INITIAL APPUCAHON FEE ($50.00) RENEWAL JOINT USE FEE. per year PI .US SUP FEE for each permanent moorage slip, lift dry stack, or buoy. 8 slips @ 2.00 each $ LATE FEE ($25.00) ifapplication returned after 3/lS/OS $ 20.00 le^otL TOTAL DUB THIS APPLICATION 36.00 LATE FEE - Renewals >^]icationfi)rrenewaloflicen8esshallbemadenolatCTthanMarchl5ofdielicenseyear. The City shall not accept rqngnml licanne a pplicati ftiM receive d after Match 15 unless the applicati on is accompanied bv late fee of $25.00. REYIIW FROOEPURE When acomplete qiplication is received, the s^lication will be reviewed by the City Council and, in the case ofnew or unusual applications, or qiphcations proposing substantial changes fiom prior licenses, also bytibePlnningComniissiooand/oraqwciallyqipointedMarinaCommittee. The Council will take action on the q>plication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the qiplicant hereby requests the Orono City Council to review diis Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's en^loyees and agents to enter i^mn the property at any reasonable time to perform safety and code compliance inspections. Simed Date Page 4 of 4 • 1 *t * r RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare ofthe citizens of the City and oftier members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal imitection from activity on or near the public waters and on the land within the City which, if unregulated, may 1m detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. Tire only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all othn riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjojnnent which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 ripvian users of die lake arc regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock fiwilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and ms and die following special conditions as diey relate to an application for an aimual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 11 th day of April, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this day of ^ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. ' V V Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The fixegoing instrument was acknowledged before me on this day of ,2005 by Linda S. Vee, City Qerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Qty. Notary Public Page 2 of2 r: L CITY OF ORONO EXHIBIT A RESOLUTION NO. S OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE UCENSEB: Pheasant Lawn Homeownen Association ^Address: 2790 Pheasant Road Agent: Timothy J. Mahoney Address: 2760 Pheasant Road, Excelsior, MN 55331 Licensee is;unincoiporated homeowner's group V/ ‘i. X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group __ other License Period • January 1,2005 to December 31,2005 BOAT DENSITY The number of in*place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed die number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub>Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman's 5 plus 1 detached i.. 5 plus 1 detached aW-------Bi .."H Exhibit A Resolution No.. Page 2 9 ■■ i Exceeding this maximum boat density, or exceeding the number of pennitted slips, lifts or buoys is a violation of tfiis license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B-I and B-2. Any dittiges in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to lull compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The City acknowledges the historic and continued use of this five-slip multiple dock since the 1 950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. 2.The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots IS and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Miiinetonka at any given time. 3.The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the ri^t-of-way until such fiiture date that the City determines that removal of said structures from the City ri^t-of-way is in the best interests of the City of Orono. 4.The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harmless agreements on file) 5.This approval grants a 2005 Joint Use Dock License to the Association for six slips (including Mahrme/s detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. iibwR'Wigip r.W- tf. Exhibit A Resolution No. Pages W «.The five multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Lawn may occur wifiwut City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. 7.The five properties which are each allowed one slip within the five slip multiple dock are described u follows: (Johnson) 26SS Pheasant Road (Lots 1,2 and part of Lot 3, Pheasant Lawn) (SherO 267S Pheasant Road (Lot 6, Pheasant Lawn) (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) (Seifert) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) V. Nothing in tfiia license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a maimer permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain mibject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary fitmi time to time in the public interest. V i» CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2005 CITY USE ONLY D«te Form Milled ti LlecBtec Febniirv 9.200S Ditc Appllcitlon Returmed to City FeoRecelvedS "^2..°^____By Employee.^2^ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 '^eceiveo B 2005 Scctios 9447(a). LICENSE REQUIRED - **It It unlawful for any (group or aseoclatlon oi Qlfy f)P n pertont or familla, more than two In number, whether incorporated or not) to engage or I ^ ^ROhlO participate inJoint utc (of any lakcihore property) without lint having obtained an annual licente from the CHy." Please complete all Items and submit sisned applicatioD, required attachments, and license application fee to the City Clerk by March IS of the license year. 1. ASSOCIATION INFORMATK 1. 2. 3. Association title or name (if any) l&iLake Person responsible for this application: Name^^Cyjy^^ Phone ^5^*" *f 7/“ Mailing Addre^ £cL ^> Relationship to association —___________________ 4. 5. Association is (check applicable items): ___unincotporsted homeowner's group. ^ incorponted Homeowner's Association. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gatiiering place for activities. Dock is located on (check ^rplicable item): one member's private property. ^easement or outlet owned in coi unincorporated club or recreation group. . incorporated club or recreation group. property leased by the group/association. . property owned by tile group/association. \i! Pa^ 1 of4 ; S .* ; V ^ i *t'. % i t § ? *•7. 8. 9. 10. IL List Dock location and ownership information: Street address RA,______ Legal property description PID# Listed property ownerCs)^ /Q^ >7/ih *JoA/fSO/\r Names/addresses of abutting lakeshore property owners: fNorth/Westt 7T^ 2SPO ^ei Names/addieases of other affected property owners (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: ^Cpropertv owner's homeowner's policy.__separate group/association owned policy. Name of insured Name of iiuurance carrier Name of insurance agency Policy No.____________Effective date of coverage Amoimt of coverage: Public liability, per person^ per occurrence $. Public liability, per occurrence $ contract security service Security and policing of the jointly used dock an^roperty is provided by (check ^plicable itefijs ____fencing security lighting V^propertv owner's presence security service otheffs^iiother (specify) 0: CK INFORMATION 11. List Dock Use Area Specifications: ~ Width of riwreline: ft Length ofmain dock from shore: ft Dock setbacks from side property lines at shore:________ft. and _________ft. 12. Dock Construction (check ^licable items): ____seasonal dock (relocated or replaced eac! ____permanent piling with seasonal deck ____wooden decking _____metal deckin permanent piling and decking Page 2 of 4 2.Astaistatement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and ceitifies the following slatcincnt: "Tliis is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in_______(state year) and on (lie with the City.“ Applicant's initials ANKUAL UCENSB FEE - ALL APPLICATIONS Joint Use Dock Licoise Application Fee according to the cuirent City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PUIS SLIPPBB for each permanent moorage slip, lift, dry stack, or buoy. ^ slips @ 2.00 each LATE FEE ($25.00) if ^)plication returned after 3/15/05 $20.00 $ $ /z- TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 15 of die license year. The City shall not accept renewal license applications received after March 15 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete qiplication is received, the application will be reviewed by the City Council and, in the caseofneworunusual qiplicatioas, orqiplications proposing substantial changes fiom prior licenses, also by the Planning Commission and/or a qiedally appointed Marina Committee. The Council will take action on the qiplication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CfTY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's onployees and agents to enter upon the property at any reasonable time to perform safety anjUode compliance inspections. Signed Date Page 4 of 4 ----- -- -- - -- r'S RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK ^ ^ ^ LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE FERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other membqs of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and li ii! • t a- WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfi II their trusteeship over the public waters by protecting against interference by anyone, including those who assert the comraonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjo3mient exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable dq)th of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational bmefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these ri^ts; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeahme and dock ftcilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and coiKens and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 1 1th day of April, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .,2005 by Barbara A. Peteraon, Ma3X>r of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OP MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2005 by Linda S. Vee, City Clerk of the City of Orono, a Miiuiesota municipal corporation smd said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITYOFORONO EXHIBIT A RESOLUTION NO. CONDITIONS OP ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: E. Leo Bullock, Dockmaster Address: 1160 Heritage Lane, Wayzata«MN SS391 Licensee is;_unincorporated homeowner's group __ incorporated homeowner’s association __ unincorporated club or recreation group __ incorporated club or recreation group __ other License Period - January 1,2005 to Decembor 31,2005 BOAT DENSriY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan; Bay Transient (Day use only) Slips Permanent Moorage Slips Boat lifts Sub-Total: Slips at Dock OfAhore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Smith's 16 i-. S^'4< f i .1 i :; -V-,-.- .',f,v . ,F-*v * ■ Exhibit A Resolution No., Psge2 Exceeding diis maximum boat dmsity, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on att.<iched Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The iasuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The maximum number ofslips or moorings to be licensed in the future shall not exceed 16provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2. Winter storage ofdock parts and sections shall be permitted on Outlot#! between the time the dock is removed fiom the lake in the fall and June 1st of the following year. V. Nodiing in diis license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem neceasary fiom time to time in the public interest. t"v V.-/A/V -1 XV’te’.. 1 -J?mb. . , 1 ■ --------------------------------------- U - : w A'r.i Vl' ^ CITYOFORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2005 Ts, CITY USE ONLY Date Form Mailed to Llceniee February 9.2005 Date Applicatiou Returned to City <^ '^3-0^ ~ Fee Receiyed S By Employee ^ClJJAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94>37 received FEB 2 3 2005 Sectinn 94^7fn>. LICENSE REQUIRED - "It la uninwful for any ftroup or aaioclation oi ’ ^ ORONO pertona or rnmilici, more than two in number, whether incorporated or not) to engage or participate in.« Joint use (of any lakeshore property) without tint haying obtained an annual license from the City."_____ HBBHSSSSSESaSESSSSBBaBI^B Apfhj't^ef for OrtJtf l^do<Li<4 f4p/ Please cdniDlete all Items and submit simed aDollcation. reauired attachments, and licenseimplete all items and submit signed application, required attachments, and license application fee to the City Clerk by March IS of the license year. 1. ASSOCIATION 1. ICIlJiJLiiiATIOW 2. 3. Association title or name (if any) Lake //IiH ^Bay responsi^ for this qiplication: '5u//oUc Phone 72^Z Person responsi^ for this qiplication: Name Mailing Address /I^O M^rt in-yt ^ Relationship to association____oC^C ^ /f T i^»-c________________________ 4.Association is (check iq>plicable items): )C unincorporated homeowner's group. ___incorporated Homeowner's Association. unincorporated club or recreation group. . incorporated club or recreation group. 5.Principal purpose of joint use dock is (check rq)plicable items): X provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check qrplicable iton): ___one member's private property. X easement or outlet owned in common. property leased by the group/association, property owned by the group/association. L’<t I Page 1 of4 •>. r/* ,j ; -I i 4 4 i i u v3 M »T- a ■\ I J I 7.List Dock location and ownership information: SlteetaddfM. /7/V 'T^etj * IS At AW 7^jg i«nt. Legal property description____________________________________________ PID# _____ _____________________ Listed property owner(s)h/ll f ^5 5 o<£y “HcVt7 8.Names/addresses of abutting lakeshore property owners: fNofdi/WestI_________________________________ iSoudi/Eastl Names/addresses of other affected property owners (attach sheet if necessary): 9.Insurance Coverage • The jointly used dock is insured by one of the following: )( property owner's homeowner's policy. separate group/association owned policy. Name of insured 4./// Name of insurance carrier • Name of insurance agency Shji-a Policy No. QL 2. Effective date of coverage ^ 3 Jf/o i Amount of coverage: Public liability, per person, per occurrence $ /, DQOt i>oo Public liability, per occurrence $ /j t»oo^ ooo 10.Security and policing of the jointly used dock and property is provided by (check applicable iterrjs): ____fencing _____security lifting _____property owner's presence contract security service other (specify) II. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: X^3.^ Ufi. Length of main dock fiom shore: //2- Dock setbacks fiom side property lines at shore: ^0 ft. and ft. ft. 12. Dock Construction (check applicable items): X seasoiud dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ^ wooden decking metal decking Page 2 of4 r : i 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock_ OAf Soa/j OA)__7^0 14. List number of slips in each category ("slips” includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys _ Permanent moorage slips t(p Permanent moorage off-shore buoys ^ Dry storage (rack) slips____Maximum number of boats at the dock /y 1 S. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. m. EROSION AND SEvl A 0 K/ i Ait rATION Cl 16. Shoreline is protected by (check ^iplicable items): )( stone rip rap ___wood seawall ____metal seawall ____concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline:fl; at SO ft. out:at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. ■ '"w?. A certified copy of the by-laws or agreement for joint use. Note: This copy is notreouired if the applwant inititls and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in ______ (state year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS t. A list of the names, mailing addresses and titles of all corporation officers. Page 3 of4 1 2.A statement as to tfie total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies sre not reauircd if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in_______(state year) and on file with the aiy." ______________i^licanfs initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule r * INITIAL APPUCATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. IS slips @ 2.00 each LATE FEE ($25.00) if qjplication returned after 3/15/05 20.00 $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals ApplicaticmfiirtenewaloflicensesshallbemadenolaterthanMarch ISofthelicenseyear. The City shall not accq)t renewal license applications received after March 15 unless the application is accompanied hv a late fee of $25.00. REVIEW PROCienilRF. When acoroplete application is received, the triplication will be reviewed by the City Council and, in the caieofnew or unusual qiplications, or applications proposing substantial changes finm prior licenses, also by the Planning CommisaiaD and/or aqieciallyqipointed Marina Committee. The Council will take action on the ^iplication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed chy' Page 4 of 4 I ' nr • i.-v- < ■■f RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Miimesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as ail riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 J t ' K ' ■4 '■‘r WHEREAS, the City has ad<q>ted reasonable regulations regarding the construction and use of lakeahore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and conceras and the followiiig qrecial conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attadied. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 1 Ith day of April, 200S. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The forcing instrument was acknowledged before me on this day of ^ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ' t^T »■ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of j2005 by Linda S. Vee, City Clerk of die City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 ^ ’ CITY OF ORONO EXmBITA RESOLUTION NO. CONDmONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK UCENSE ■i / V. V> • LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue (Outlet A, Kelly Cove) Agent: Austin H. Evans, President Address: 2497 Kelly Avenue, Excelsior, MN 55331 V Licensee is;unincorporated homeowner's group '• ft WM X incorporated homeowner's association __ unincorporated club or recreation group __ inemporated club or recreation group __ other mm License Period • January 1,2005 to December 31,2005 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed die number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Ofibhore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman i •i*)' 1'- i -------------------.1:1-----niiiBifli nirii ... ■ ■■'H r. Exhibit A ReaolutioaNo. Page2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of diis license subject to revocation and/or prosecution for violation of Section 94<37 of the Orono Municipal Code. DOCK LAYOUT The dock structure or Iqout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance ofthe City and/or the LMCD. The issuance of this license is sifoject to foil compliance with these conditions. Failure to comply with these conditions is cause finrlicenae revocation and/or prosecution by the City. 1. 2. Licensee shall conq>ly widi all conditions and requirements of City of Orono Resolution No. 4279. The maximum allowed boat density per Resolution No. 4279 is 4 total slips. Any increase above this number of slips is prcdiibited. The number of slips licensed for the current license period is j4. Nbdiing in diis license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or die premises in a manner permitted by this resolution, but the use of Lake Minnetonka and die premises shall remain subject to such regulations and ordinances as the City and other competent regulate^ audimrities shall deem necessary fixmi time to time in the public interest. t' mm ■ ■ . ; Y ■ I I fa *mft11 I iTiiti'i !■ naiB iinrMM i ii • i ^ ¥ CITY OF ORONO P.O. Box 66 Crystal Bay, Mb 55323 952-24M600 LICENSE YEAR 2005 CITY USE ONLY Ditc Form Mailed to Liccmec February 9.2005 Dale Appilealiou Returned to CItv Fee ReceivedS ^ By Empioyce Clwl JAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Scctien 94-37(1). LICENSE REQUIRED - "It it unlawfui for any (group or aseocialion ol peraona or familiee, more than two in number, whether incorporated or not) to engage or participate in Joint use (of any iakcaborc property) without flrat having obtained an annual license from the City." received FEB 2 3 2005 iCITY OF ORONO Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March IS of the license year. 1. ASSOCIATION INFORMATION 1. Association title or name (if any) iC^lly Lake _______Bay __________________ Person responsible for this triplication: Name H Phone ^'y/^ 2. 3. Mailing Address ^997 . (7)/V ^S3S/ Relationship to association Association is (check ^iplicable items): ___unincoipoiated homeowner's group. yl^ mcoipmated Homeowner's Association. unincorporated club or recreation group. . incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): y(. provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offthore dock. ____provide a club or association gadiering place for activities. 6.Dock is located on (check applicable iton): ___one member's private property. y easement or outlot owned in o » Mhil* ♦ property leased by die group/association. . property owned by the group/association. FO: \Page 1 of 4 k t .«■fe' I I iitflriftifirn it^ ninVi'n iwitnaahi I i: • If. F • . i 1 7.List Dock location and ownership information: Street address hoh/ SS^^/ Legal property description Coz^___________ PID# V/7 -:Z^3 JD. ________________ 8. Listed property owner(s) ^ ^y/u/c:* /3‘^y-'/<a^n£>/i^ * y7 Names/addresses of abutting lakeshore property owners: fNorth/Wert) 9.Insurance Coverage - The jointly used dock is insured by one of the following: __property owner's homeowner's policy. separate group/association owned policy. Name of insured ^lop^ Name of insurance carrier Name of insurance zsisdsn' Policy No. t^fiP 'y‘?J //l"^ ? Effective date of Average ^jL n/^ Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ y. 10.Security and policing of the jointly used dock and property is provided by (check applicable itenjs ____fencing _____security lighting yi property owner's presence ____contract security service _____other (specify)_________________________ 0: n. DOCK INPORMATION 11. 12. List Dock Use Area Specifications: Width of shoreline: ^ ft. Length of main dock fi'om shore: ^ ^ ft- Dock setbacks fiiom side property lines at shore: ft. and ft. Doc|^ Construction (check qrplicable items): seasonal dock (relocated or rqilaced each year) permanent piling with seasonal deck ____permanent piling and decking wooden decking ____metal decking Page 2 of 4 V I •• L 13. List Dock Accessories: ) ^ jf Number of fire extinguishers available at the dock /*7 Number of life preservers available at the dock ^ 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys__ Permanent moorage slips y Permanent moorage off-shore buoys _ Dry storage (rack) slips__________ Maximum number of boats at the dock 1 S. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. J ,12-^^^aces. IM. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check ^licable items): stone rip rap ___wood seawall ____ metal seawall ___concrete seawall grass and vegetation only ____other (specify)______________________ 17.Depth of water at shoreline: ft; at 50 ft. out: ^ : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - AT.T. APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street paricing, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City." C. Applicant's initials 1. A list of the names, mailing addresses and titles of all corporation officers. Page 3 of4 ----- r- 2.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the spplicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." ______Applicanfs initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the cuirent City Fee Schedule INITIAL APPUCATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SI.TP FRF, for each permanent moorage slip, lift, dry stack, or buoy. ^ slips (g 2.00 each LATE roE ($25.00) if application returned after 3/1 S/OS 2o.oa $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application fbrienewaloflicensesshall be made no laterthanMarch 15 ofthe license year. The City shall not accept renewal license applications received after March 15 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When aoonq>lete q>plication is received, the plication will be reviewed by the City Council and, in the caseofnew or unusual applications, or plications proposing substantial changes fiom prior licenses, also by the Planning Commission and/or a pcially pointed Marina Committee. The Council will take action on the plication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's enq)loyees and agoits to enter upon the property at any reasonable time to petformjafetyy^ code compliance inspections. a r- ^ Date Page 4 of 4 -***-- V i-. l-t.: IA :} * 'f*P"H- f ■ L^'p:' M.1.9. .rrr?'.- - RwiiitioB *> c* ^ WiL.^ iA. ■ ' ■ *¥ i . .T ‘ I r. k rt- M, RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USF DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Miiuiesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Miiuietonka. Tlie only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian ovrner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 !i i 1 { i i ■;/ : '-I'vi ’’A:jM-r^- WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian usets of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock Acilities when such facilities are used and maintained by three or more families, which relations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following q>ecid conditions as they relate to an ^plication for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 11"* day of April, 2005. ATTEST: Linda S.Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dayof .,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. t k i Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dayof .,2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE ■M LICENSEE: Minnetonka Power Squadron Dock Address: Big bland. Record Lot #S (SIO Big bland) Agent: Bud Broekema, Treasurer Address: 16509 Blenheim Way, Minnetonka, MN 55345 Licensee is;unincorporated homeowner's group incorporated homeowner’s association unincorporated club or recreation group X incorporated club or recreation group __ other License Period - Jsnuary 1,2005 to December 31,2005 BOAT DENSITY The number of m*place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits Band C, and in accordance wifti Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in die prior year's license. Audiorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Ofbhore Buoys Maximum Boab in Water Maximum Boab per prior license MAXIMUM BOAT DENSITY Lower Lake f' I’ V .V;r -. 1. t\! W: ’ .. BxhiUlA Reiolution No. Page 2 r • Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. DOCK LAYOUT The dock structure or hqx>ut auftiorized by this license shall be as shown on attached Exhibits B and C. Any changes in ftiis layout ah^ be subject to jmor review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuMice of this license is subject to fiill compliance with these conditions. Failure to comply with these conditions is cause ft>r licenae revocation and/or prosecution by the City. Compliance widi conditions of CUP Resolution No. 3416. V. Nodiing in ftiis license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or die premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary fiom time to time in the public interest. >• ■ ■■ ’ msm sslSl A ^ ?<•' > tt V Mb.---' fX'!.: -.'I ■ V, BPHP / ^ ,'V' '1 : - <!. • ' , 'V ‘i X\-':■!■ y. .-: ■:.f-r. ' ^ ^'V-’ ' . A* 4r-m ^'4*JS:^ L t -• lit Lfik&iw..tv d ! ■ ’ i ^-mJj CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2005 CITY USE ONLY Date Form Mailed to LIccniec Febniarv 9.2005 Dale Applkalioa Returned to City Fee ReceivedS ^ By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 ^005 Section 94-37(a). LICENSE REQUIRED - "It It unlawful for any (group or atiociatlon o penont or famillct, more than two In number, whether Incorporated or not) to engage or participate in.. Joint uie (of any lakcthore property) without flrtt having obtained an annnal lleenae from the City.”__________ _________________ Please complete all Items and submit signed application, required attachments, and license application fee to the City Clerk by March 15 of the license year. 1. ASSOCIATION INFORMATION 1. Association title or name (if any) < KAlMldgTeOKiK/>^ *R^\A/gg Uke MiMMETOMUA ^ Bay____________________________2. 3.Person responsible for this applicatiori\ ^. q52.<| ^u-OOl Name f^UO BgQgkf-hAA Phone UlO: 1(0^-66^2 4. MailinaAddress lloftQ^ gL^MUglbA WAV^ WllhilJgfOMKA jMN Relationship to association ^1?^_________________________________ Association is (check applicable itons): ___unincoiporated homeowner's group. ^ unincorporated club or recreation group. ___incorporated Homeowner's Association. ____incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ____provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. 6. X provide a club or association gathering place for activities. Dock is located on (check applicable item): ___one member's private property. ___property leased by the group/associatioiL easement or outlot owned in common. X property owned by the group/association. Page 1 of 4 : i s ^ j R 'i'. •4. i i V H. c!% I #4 1 •1 t' #1 } A f. t-!>1 ti V-1 r ■1 A ft 'No I I ---------------r— 7.List Dock location and ownership information: Street address_____SlO ISLttMD Legal property description IftLAMO LOT 4b5 PID# 72-no MQ002,__________________________ Listed property owner(s) MlMKiEToKiKlfl ‘POWgf? S<Q\JlftDf?QM 8.Names/addresses of abutting lakeshore property owners: fNorth/West) rlogfil - ijgMhfDa ._____ rSniith/fU«t \ - kIoij^. Namesi’addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. X separate group/association owned policy. Name of insured MlhiKlgffllAKA Name of insurance agency iMft._________ Policy No. EflFectived^eotcovCTage Amount of coverage: Public liability, per person, per occurrence S \ Public liability, per occurrence S \ ^ nfin^ Ofln 10.Security and policing of the jointly used dock and property is provided by (check applicable itenjs ____fencing _____security lifting X property owner's presence ____contract security service _____other (specify)_________________________ 0: II. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ________ft. Length ofmain dock from shore: Dock setbacks from side property lines at shore:________ft. and ft. ft. 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____metal decking Page 2 of 4 P I 4 SI 1 13.List Dock Accessories: Number of fire extinguishers available at the dock K//^ Number of life preservers available at the dock 14.List number of slips in each category ("slips'* includes boat lifts): Transient (day use only) slips /jy Transient (day use) off-shore buoys Permanent moorage slips____0 Permanent moorage off-shore buoys ^ Dry storage (rack) slips Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ^ spaces. m. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ■ X stone rip rap ___wood seawall ____metal seawall ____concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline: O ft; at 50 ft. out: : at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intoided, these also should be shown on the plan. B. UNINCORPORATED CiROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in______ (state year) and on file with the City." Applicant's initials C. INCORf ORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. Pages of 4 1 2. 3. A statement as to the total number of members in the club or association, members A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in_______(state year) and on file with the Applicant's initials D. ANNUAL UCENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPUCATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FER for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each $ $20.00 LATE FEE ($25.00) if application returned after 3/15/05 $ $ TOTAL DUE THIS APPLICATION LATE PEE - Renewals ^pplicadonforrenewaloflicensesshallbemadenolaterthanMaich 15 ofthe license year. The City shall not accent renewal hcense apphcations received after March 15 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURF. When a conqilete ^iplication is received, the iq)p!ication will be reviewed by the City Council and, in the caseofnew or unusual applicabons, or applications proposing substantial changes fiom prior licenses, alsf> bythePlanningConimissionand'oraspeciallyappointedMariiiaCommittee. TheCouncil will take action on the triplication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 ofthe Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code conriliance inspections. Signed Date Page 4 of 4 1 T------ vv.: .A : , f ■ ■ ■ *• 'f '. . . . -•■ • -V • . ■Jk Minnetonka Power Squadron 2005 Officers m teUi Lnllltmt nittNniM AddfMal cay State ZIpCodt ntto Koratad Oom Outtataon Bfotitami OtagoryE. 3926EvwgrMnLnN MHta 7127 8hadyvi«wLanfNo TrtoyAniM 19666 RottdataA*'* A.RhM 9e26AbbottAvt8 UndaO. 6603 N Brook CirN Bud 16609 Bionhoim Way Plymouth MN M^Grova MN Oaaphavon MN Bloominglon MN Brooklyn Park MN MInnaionka MN 55441*1387 Commander 55311 Exacutive omcer 55331 Administrative Officer 55431-2712 Educational Officer 55428-2660 Secretary 55345-2710 Treasurer W .<• 4, ' V • • 1 .■ aiiii ■I "!JI^ .JtWM .• " ■ :>-. \ .4: Q I I /I I K) 2 ^ ^ E X- -k ^ 0) Q) R3 ^ s 1 ^ \ ■ , lUS5 j0/«c.e^ 9»d »v2/::^. V y w.r tM iiZi7 ••• '<« A S ^ •*S5?-ijliJf - ------------------------------------------------ * \294 _«• a_.i / -J 8 ^ *M Dr« 1*1 Aa*^ 0|i:«,V\KENHEf {UUtittIt jnuuxuxtn-Mium or oto vum ncxutt /f/«3 ««.i.i 1« • too* ! RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 WHEREAS, the City of Qrono, hereinafto' "City" is a municipal coiporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. soq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable dq>th of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoymoit which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owno* has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of die lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 i . ' - % [1 “a; .*'■■ WHEREAS) the City has adopted reasonable regulations regarding the construction and use of lakeshoie and dock facilities when such fiiicilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS) die purpose of this Resolution is to set forth the above noted general conditions and IS and the following specid conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attadwd. NOW) THEREFORE) BE IT RESOLVED) that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 1 1th day of April, 2005. ATTEST: ^ f ■ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ^ 2005 by Barbara A. Peterson, Ma3or of the City of Orono, a Minnesota municipal corporation and said iruitrument was executed on bdbalf of foe City. .1 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN lire foregoing instrument was acknowledged before me on this by Linda S. Vee, City Clerk of foe City of Orono, a Minnesota municipal corporation and said instrument was executed <m behalf of the City. day of ,2005 Notary Public Page 2 of2 1 ! CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF !SSUA>?CE FOR ANNUAL JOINT USE DOCK LICENSE UCENSEB: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent; Susan Wanner Address: 460 North Arm Drive. Mound, MN SS364 Licensee is;__ unincorporated homeowner's group incorporated homeowner's association ___ unincorporated club or recreation group __ incorporated club or recreation group other License Period-January 1.2005 to December 31.2005 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in rw case shall the number of autlwrized boat slips, lifts, or buoys exceed the number pamitted in the prior year's license. Authorized Boat Density per attached plan; Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offthore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY North Atm ’ f V. > . 'W m lii’iaiflrwd’ Exhibit A Resolution NTo.. Page 2 Exceeding this nuncimum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Otono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for con^liance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to fbll compliance widi these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Six slips sre approved for Victoria Estates Homeowners Association for 2005 subject to the stipulations set forth in Resolution #962 dated December 18, 1978. 2. All boats pennanently moored at this Joint Use Dock must be registered to the applicant property owners. V.Nothing in this license shall confer upon any person for the benefit of any property any vested riglit to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Mirmetonka and the premises dull renuin subject to such regulations and ordinances as the City and other competent r^ulatory authorities shall deem necessary from time to time in the public interest W 5V •- Am 'psip :»mm • I * ? L CITY OF ORONO P.O. Box 66 Crystal Bay, Mn S5323 952-249-4600 LICENSE YEAR 2005 CITY USE ONLY Date Form Mailed to Licensee February 9.200S Date Application Returned to City *3 Fee Received $ By Employee_ ANNUAL JOINT USE DOCK LICENSF, APPLICATION Pursuant to Orono Municipal Code Section 94-37 ''' 9 ^UOS Section 94-37(a). LICENSE REQUIRED - "It ii unlawful for any (group or association o penons or families, more than two In number, whether Incorporated or not) to engage or participate In... Joint use (of any lakeshorc property) without first having obtained an B annual license from the City."______________________________________________ Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March IS of the license year. L. 1. 2. 3. ASSOCIATION INFORMATION Association title or name (if any) (/i C-frlfifjrhxhu l~h^C>flU/np/x Petson responsible for this application: Name S\Jk ci ^ (///^Phone -0^1/ Mailing Address ^^0 IHJ IQ-f/h l)r, , CTJ~ f ^ C/ Relationship to association \J ^^0 ~~ ^ " 4.Association is (check applicable items): ___unincorporated homeowner's group. ^ incorporated Homeowner’s Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): Y provide boat mooting and lake • .:cess for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathenng place for activities. 6.Dock is located on (check applicable item): ___one member's private property. V_ easement or outlot owned in common. property leased by the group/association. . property owned by the group/association. Jr- I% .I i Page 1 of4 1 i A V t A*f i- 1 h9 i r.-*‘..i a n i ‘ it r 7.List Dock location and ownership information: Street address j/l/ /^ftn jQr. Legal property description ^ I \J'iA PiD# ^ y\iAr\r''i(( 'f shl^ Listed prop«1yowner(s) /r\ j ^'7^^ 8.Names/addresses of abutting lakeshore property owners: (North/WesO 'Jl'WA ^(q 0 ^' K)iri rSniith/RaKt) ~^^/yi (\'?^ ^ ^^ Names/addresses of other affected property owners (attach sheet if necessary): -------------i>ui ^ihu^d----------------- 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner ’s homeowner ’s policy, y separate group/association owned policy. Name of insured [A r-|^f(=3^^frhL9 jff\yY\o{iuy»^r^ Name of insurance c^er' j Art (u ---------------------------------------- •----------------------------------------------------------------- ■ -fiO 'Effective Name of insurance agency Policy No. ^,2^ S!^fl . 'Effective date of ^overa^ Amount of coverage: Public liability, per person Public liability, per occurrence , per occurrence S f /HTT) ence S)^ fjjjyj 10. J- Security and policing of the jointly used dock and property is provided by (check ^plicable itenjs): ____fencing _____security lighting V property owner's presence "ieTT"contract security service othef-(specify) II. DOCKIi 11.List Dock Use Area Specifications: Width of shoreline: f {pOCi ft. Length of main dock from shore: ^ ft. Dock setbacks fiom side property lines at shore: ^60 ft. and XA (1 ft. 12.Dock Construction (check applicable items): ____seasonal dock (relocated or rqilaced each year) ____permanent piling with seasonal deck permanent piling and decking _ . wooden decking metal decking Page 2 of 4 13 . List Dock Accessories: Number of fire extinguishers available at the dock_ Number of life preservers available at the dock Q 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys Permanent moorage slips_____^ Permanent moorage off-shore buoys Diy storage (rack) slips Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. IlL EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall concrete seawall ^ grass and vegetation only ____other (specify) 17. Depth of water at shoreline: Y ft; at 50 ft. out: ^ : at 100 ft. out: )^J REQUIRED ATTACHMENTS The following must accompany this application: DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street paricing, dry storage or other on-land functions are intended, fiiese also should be shown on the plan. UNINCORPORATED GROUPS OR ASSQCTATIQN.S 1. 2. A list of the names and mailing addresses of all members and/or slip users. ’r A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the tpplicant initials and certifies the following statement: This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in ______ (state year) and on file with the City.** Applicant's initials INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. Page 3 of4 TT ii 2.A statement as to the total number of members in the club or association. members 3.A certified copy of the articles of incorporation and by-laws of tlie corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws u originally made or last amended in_______(state year) and on file with the City." ______________Applicant's initials ANNU.\L UCENSB FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year POTS STJP PP.R for each pomanent moorage slip, lift, dry stack, or buoy. slips @ 2.00 each S LATE FEE (S2S.00) if tq>pIication returned after 3/1 S/05 $ 20.00 12 Mi TOTAL DUE THIS APPLICATION 3'^, a) LATE PEE - Renewals Application tor renewal of licenses shall be made no later than March 15 ofthe license year. The City shall not accep t renewal licenae applications received after March 15 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When acon^leteqiplication is received, die triplication will be reviewed by the City Council and, in the case of new or unusual applications, or qiplications inoposing substantial changes from prior licenses, also bythePlanningCbnunissionand/oraqieciallyqipointedMarinaCommittee. TheCouncil will take action on the qiplication after complete review. THE SUBJECT DOCK MAY BE INSTA' ^£D AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE Cm COUNCIL. Pursuant to Sections SI4-36 through 94-38 o f the Orono Municipal Code, the applicant hereby requests the Orono City Council to review tfiis Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code conqiliance inspections. Signed j/i. t/i/l/ciyvxjtx Page 4 of 4 Sik il' t •• To/rv • • 4 “. i*.-/ u t-c lx. 10^ \l/<Mncr 5Hd J^!/T' /Tlojnd l^c/ic. ShcMAi/ i3^ /«"»-'<'2" ^*1 £sntfe» •2.1 V:« /TeuJ'-W'*^ ^« ■ I k /' V. -V ■ ''^" V:, ■::'; V>&--': »,5-: • • • m-» m Oullol C iXHTINO GHmmL 2a*««dM 14* Sunilgh fits 4* CATWfOK d¥ER to SHOmS,B04T DOCK X laO’ LONG S' • ;«i V* Outlot B r??boat dock LOCA tiom HO SCALE Plat of Victoria Estates >1^ G L •• CO. * kt. J.^ >.z k*- -----• —- ^ • r* REQUEST FOR COUNCIL ACTION Date: April 5,2005 Item No.lo Department Approval: Name: Michael P. Gafiron Tide: Planning L/irector Administrator Approvai:Agenda Section: Zoning Item Description: New Joint Use Dock License - Bohn’s Point Lane Homeowners: 3230 Bohn’s Point Lane • Lee & Warren Weber 3220 Bohn’s Point Lane - Catherine Sallas 3225 Bohn’s Point Lane • Henry & Virginia Sweatt List of Exhibits A • Location Map A Airphoto B - Application C - Dock Layout Survey D - City Letter to Virginia Sweatt 5-10-02 E - Existing Covenants & Easement F - Current Municipal Code Sections 93-36/37/38 and 78-1278 G - Ordinance No. 54 (July, 1963) H - Site Photos I - Resolution Summary of Request: The qiplicants are the owners of three non-lakeshore lots on Bohn’s Point Lane, and they are requesting fimnal City qjproval of a joint use dock license for a three-slip dock extending fiom Outlet 1 ofBohn’s Point Addition, which they own jointly. Tne Outlet is accessed via a walking easement across the east 25' of the lakeshore property at 3260 Bohn’s Point:. r.e. Background The preliminary plat ofBohn’s Point Addition was approved by the City Council in April 1965 “subject to (City) attorney’s accqrtance of outlet agreement’’, and the final plat was approved in July 1965 “subject to the condition that approval of the plat is not a representation that a license will be approved for joint use of the outlet or that a Dock License would be granted.’’ When the time came that all three inland lots were developed, it appears likely that noneofthe new property owners realized thataCityofOrono joint use dock license was then required. A shared dock has existed at this site for many years, but i ts status as a shared dock on an outlot only came to the attention of staffa few years ago. Available City aiiphotos from 1975,1989,1994 and2000 confirm the existence ofadodc either in the water or stored on shore in those yean (aerial (dwtos are usually taken during spring or fell leaf-offccmditions when seasonal docks are out of the water). The current property owners at the urging ofstaffhave agreed to apply for formal approval for the joint use dock, bringing it into compliance with City and LMCD codes. IT ‘.r W’; i' ' Bthiu Poiat Lane Joint Dock April S, 200S Po|e2 Joint Use Standnrds The City has been licensing joint use docks since 1963 (see Exhibit G). Under the current ordinance (Exhibit F) the prqxtsed joint use is in the second listed category, “An association of riparian or non riparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members". The joint use standards in Section 94-38 require that new joint uses adhere to LMCD regulations, and allow no more than one slip per SO* of shoreline as measured by a straight line. The Code also requires adherence to the Orono Shoreland Management standards, adopted in 1992. The primary Shoreland code section potentially tqiplicable to the current proposal is 94-1278 “Lakeshore Access Lots". This section generally provides standards and limitations for the creation ofnew lake access lots,andifqjplied to thecurrentsituation would disallow creationofOutlot 1, as it doesn ’t meet the 140* width standard of the LR-1B District for even one off-lake lot to have a dock, and it is not technically “across the road" from all the lots it would serve. The code also requires that covenants be adopted that would establish who can use the Outlet and what activities can occur there, and should address parking, storage, etc. Site Layout The site is on the south side ofNorth Shore Drive, directly across from Wayzata Marine. It sits behind a 6* fence (in only &ir condition, needs repair) which runs along the entire length of the outlot and to within perluqM 10-20'of the lake. While a fence within 75'ofthe lake is normally not allowed, this fence is existing and should be maintained to provide screening to the site; total rq>lacement of this fence would require a lake setback variance for any portion within 75' of the shoreline. The fence provides significant visual screening fi^m North Shore Drive. Dock and lift sections are currently stored on the site and are generally invisible from the road. The fence has a gate section which can be opened to allow for access from North Shore Drive; however, the normal access to the site by the 3 property owners is on a gravel fooq>ath leading from the Weber property. An easement across the east 25'of the Ritter property provides legal access to tlie Outlot, although it is unclear whether the easement is walkable. Basb for Approval Ifthis subdivision was proposed under current ordinances, Outlot 1 could not be created and the joint use would ix>t be allowed. However, there are a number of factors which support af^roval ofa joint use dock license fm this site: 1.ft is apre-existingjoint use situation ftiat predates bodi the Shoreland ordinance and the Subdivision code. The current owners have requested the license to make their current and historic use legal under the City ordinances. 1 ■ ■ BohM Polnl Laac Mot Dock April 5,200S Pages 2. The LMCD has detennined that this is a site created befofe August 30,1978 and therefore its 126' of shoreline qualify for continued storage of up to (but no more than) 3 boats. 3.The Cityacknowledged and allowed thecreationofOutlot 1 in 1965 with the understanding that it was intended as a lake access outlot for the 4 off-lake lots in the subdivision (two of those have been combined to create 3225 Bohn's Point Lane, leaving three off-Iake parcels). 4.Theneighborhood is subject to existing covenants which establish that Outlot 1 shall be used only for recreational purposes, swimming and docking ofboats only by the owners of Lots 1,2,5 and 6, Bohn's Point Addition. No permanent structures may be erected, and the use is limited to the hours of 7:00 a.m. to 12:00 midnight. 5.The dock location and the joint use will have no known or expected negative impacts on adjoining or nearby properties. 6.The existing and proposed use will generally meet the intent of the Joint Use section of the code, will not create the need for additional street parking in the nei^borhood, and will not result in the introduction of unwanted elements in the neighborhood. Staff Racomiiicadatlan Stafif would recommend approval of a joint use dock license for the Bohns Point Lane Homeowners subject to the following statements and conditions: 1.The City acknowledges the historic and continued use of this three-slip multiple dock since the 1960's for the benefit of three designated non-riparian properties within the Bohns Point Addition. 2. TheCityrecognizestheeasementoverLot3,Block 1, Bohn's Point Addition to provide pedestrian access to Outlot 1, Bohn's Point Addition for the owners of Lots 1,2,5 and 6, Bohn's Point Addition. 3.The three multiple dock slips are designated for use by sped fic properties as speiied out below, and ix) transfer of dock rights to different properties withm Uie subdivision of Bohn's Point Addition may occur without City approval. Transfa of dock rights to any property outside the subdivision ofBohn's Point Addition or to any person who is not a Bohn's Point Addition proprity owner, will not be allowed. Any boam stored at the dock shall be owned by a property owner within the Bohn's Point Addition. rr. tcliM Polat Lane Joint Dock April 5,2f05 Pitc4 4.The three piqierties which are each allowed one slip within the three slip multiple dock are described as follows: A. B. C. (Sallas) 3220 Bohn’s Point Lane (Lot 1, Bohn’s Point Addition) (Sweatt) 3225 Bohn’s Point Lane (Lots 5 and 6, Bohn’s Point Addition) (Weber) 3230 Bohn’s Point Lane (Lot 2, Bohn’s Point Addition) 5.The existing 6* fence along North Shore Drive shall be either rqMired or removed, but the pn^ierty ownoB are advised that rqilacement of the portion of fence less than 75' from the shoreline will require a variance. 6.This approval grants a2005 Joint Use Dock License to the Association for three slips, ^iplicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. COUNCIL ACTION REQUESTED Motion to approve a2005 Joint Use Dock License for Bohn’s Point Homeowners per the finding and conditions of the attached Resolution. i . ... .. . il ii iiiJi jjflniinnTrrfT^*- ^4^#\ :'A VWffl0l& , . * 'm^ W>I/O % :‘m r'- y- ^ r,i^, I^l few****** ■ ' I0 • I 'V ml '¥ •. #; i T/J^ I wp.m X •li f •-wl-’8^ • i«Si".ft5*?j* «i<y :. ':5^i'.: . V ■■■' • :>-iJK ■ . . iP . ■ ■ -1 m / MV '♦ fT -V m jf .•v/ \J4> *- wrv ■SV- > if/>f 1 ^ t ^ t IAi B CITYOFORONO P.O.B01M CnntalBay,Mi SS323 9SM494iM h LICENSE YEAR 2l HJ 'JT/'S / CITY USE ONLY IMtrOTiMaMliUnHM___ ^ /wjmsrA ANNUAL JOINT USE DOCK LICENSE AFFL1CA1 Piuiuact to Orono Municipel Code Section 94-37 uc«x [m m WeMieeapim iD Uhh and inbatt ifiMd epplicalloa, raqnircd attachoMnti, and Ucenic appdcirilon fiw to the Clljr Clerk by MuAJ of die Uccaie year. L iiasociA 1. A vC«3v'IMH M f I(« I RMA1 tide ornane (if iny) __none 2. 3. Lake Ninnetonka Penonie->n Bey Cryatal Bay Boneible for tfiie anlicetion: Vlx atitl 9S2-47I-Snitt- Ci? ' ^7 - 9^oi' MeiKng AJdteee_gm-johns Point Laner Way»ata» MN 55391 RdatiaodiiD to aieocij nenber o£ Homeotmer's Group Aaeociadoo ia (check applicable itema): _^ uninMMpoiaiBdliomeowiiei*a group. ___iacoqioialed Homeoaraet^a Aaaoctation. unincoiporaled club or recieetkm group. . incoqionwd club or recreatioa groiqi. 5.Principal puipoae of joint uae dodc ia (check qiplicable itema): a provide boat mooriagaad lake acceaa for lesidaitielpfopefty. ____provide awuaniiBgacceaa, beech, or offthflie dock. ____provide a chib or aiaociation gathering place for activitiei. Dock ia localed on (check applicable item); ___oneamnbeiliprivalBpropeity. X eaaementorootlolowiiedincoininoiL property leased by the group/asiociation. property owned by the group/aaaociatioii. Page 1 of4 i':! / I • w My I • f • s \ 7.List Duck locitioa and ownership infiMmation: Street rHmt none assigned Legal inopcrty descii]• t Outlot If Bohns Point Addition PID# 08-17>23>44-0011 Lic!edpnipcrtyownei(s) See attached 8.Namea/addresset of abutting lakeahoie property owners: fNorti/We^l See attached______________ fSoulhflBartl See attached • I'r-affected property owners (attach sheet if necessary): none 9. hsurance Coverage • Hie jointly i* sed dock is insured by one of the following: ^ property owners homeowner'Beolicy. See attached Schedule separate group/association owned policy. NaoM of insured______ Name of inaurance carrier _ Name of insurance agency FPlieyNo.___________Effective date of coverage Amount of coverage: Public liability, per person, per occunn Public liability, per occurrence 10. Security and policing of the jointly used dock and property is provided by (check applicable il * fencing ____security lighting ___*_ property owner's presence ract security service other (qpecify) ILJ :fiC) a* II.Lirt Dock Use Am Specifications: Widdi of shoreline:________ft. Length of main dock fiom sli Dock setbacks fiom side property lines at shore:________ft.i re: 12.ck Consliuclioo (check applicable items): » seasonal dock (relocated or replaced each year) __permanent piling with seasonal deck _____permanent piling and decking wooden decking metal decking »): Page 2 of 4 J Y'l \ T : I f ' 1 ^I '•H 13.Lift Dodc AcocMOfMt: NufBbflr of fife mtioguiahcfs tvailable ft the dock n^ne; availabl* Nunberof hftpiefervwefvailableatthedock available on each boat lift nuinbfk' of slipe in each category CcUpe” inchidea boat lifta) ’Tranflaat (day Ufa onivl fliof Transient (day ute) off-ihore buoya Pennanent mooiage slipa ^ Pemanent moorage ofF-ihore buoys_______ Diy storage (rack) slipa__________ Maximum number ofboata at the dock ^ C.q7~^ 15.lift mimberofoff-alreet parking qmces available for users ofthejoint use dock. Parking, if provided must not be aeiwrated from (he dock by any public road. ~0~spaces. uu 16.Shordine is protected by (check applicable items): ___woodaeawall ____metalseawall ► * I *1 nete seawall I -(specify) 17. Depth of water at ' r * 1 i 'MI g ft: atSOflouL* ^ * : atlOOltout: ' KEQinillD ATTACHMENTS The fbllowing must at j M I • ‘ 'qr this application: A dock plan, drawn to scales showing die shoreline width of this pcopnrty, the side property lines and the location, layout and dimeiMions of all dodok aKpo and bu^ If off-atreet parking, dqratorege or other oo>land fii intended, these also ehould be diown on die plan. B. ■ i 1. RPQRATBD ORQtIPS OK ASSflTfATinTUn A Uat of the naoMs and mailing addreaaes of aU mi rsod/orslqi 2. Aeardfiedoopyoftheby^lawsoragreci ♦ ♦ A •! i iVr > use. NoIk This copy jaaotiwadwS jaiat SM dad: is 10 ha (Stan yaor) and on Ilia wMi Aa CHy.” AppScmtBttuluM J ‘ '"^ri >¥ %i Page 3 of 4 : iT • t« •* < c.INCORPORATED CLUBS OR ASSOCIATIONS 1. A list ofthe names, mailing addresses and titles of all coipontiono 4^ njt r/o'-/ j 2. A statement u to the total number of members in the club or association, members 3. • c ff tw Aceitifledcopy of the articles of incorporation and by-laws ofthecorporatiofL Now: TIismcopiesaragalJBflIiilBlifdieippItcMttinitiibandceitifictthefcnowmgstatement: "Ddiis ■ renewal application and ow joint UK dock is to be opented wider the same aiticiM of incoipofatioa aad/or by-laws u orifinally made or last amended in_______(state year) and on file with the City." _____________Applicatd!1i initials D. i ANMUAL UCENSE FEE - ALL APPLICATIONS loint Use Dock License ^n>lication Fee according to die current City Fee Schedule INITIAL APPUCAHON FEE ($50.00) RENEWAL JOINT USE FEE, per year CUiSJUJELEEB each permanent inoorage slip, lift, dry stack, or buoy, w slqw @ 2.00 each LATE FEE ($25.00) if application returned aftar 3/1/04 $ $ $ $ ^.<ro TOTAL DUl THIS APPUCATION LAIUBK ’ ft<Bnewals AppBcalion isrwnewaloflicenaes shall be made no later flum March loftheBccnae year, nmamiwtimiBwalMcanaeannlicatiiinaieceivedafterMaich 1 imlnaatlinappK«t»n«^ll City Ann aniedby RBVIBWI WhenacomplslB application is received, the apirfication will bereviewedbyiheCityCkiiMMiilMid^ in the caanafiinnuiruniiaMni appHeatinwa, nra|ipli«ati«nar«n|ino ing«AWotil{al frnm prior KroWfe, s lsoIt • I Ml» byttiellanniqgOmmiiaakmand/oraapeciallyappoiniedMsrinaCommitlBeL TheCouncil will take on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Sectiona94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests dwOenoCityCouncil to review this Joint Use Dock License A^lication, and agrees md authorizes the Cityof Orono and die City% employees and agents to enter upon the property at any reasonable time to LiLDate //A V r ■ II iilime 11 ■ III ATTACH ST FOR ANNUAL JOINT USE DOCK UCENSE APPUCATION Outlot 1, Bohns Point Addition Question 7 List of property owners Outlot I is owned jointly by the following: Henry L. and Virginia Sweatt 3225 Bohns Point Lane Wayzata. Minnesota 55391 As owners of Lot 5 and 6, Bohns Point Addition Catherine M. Sallas 3220 Bohns Point Lane Wayzata, Minnesota 55391 As owner of Lot 1, Bohns Point Addition Lee L. and Warren E. Weber 3230 Bohns Point Lane Wayzata, Minnesota 55391 As owners of Lot 2, Bohns Point Addition Question 8. Abuttiny lakeat rtv owners noith/west Wayzata Marine 3324 North Shore Drive Wayzata, Minnesota 55391 Abutting lakes!rtv owners south/east Robert J. and Mary K. Ritter 3260 Bohns Point Lane Wayzata, Minnesota 55391 Question 9. • ; •• -t:.' . f rf. f i , Insurance Coverage - Schedule Ifenry L. and Virginia Sweatt Insurance carrier: USAA Insurance agency: Policy number: Effective date: Coverage: contact directly 397097 8T7/03 $1,000,000 umbrella Catherine M. Saflas Insurance carrier: Insurance agency: Policy number: Effective date: Coverage: Metropolitan Life, Auto & Home Moore ’s Insurance Management (St. Paul, MN) 7639978090 4/18/04 $S,S00,0(X) umbrella Lee L. and Warren E. Weber Insurance carrier: Insurance agency: Policy number Effective date: Coverage: American Family Insurance Ron Baker Agency (Brooklyn Center, MN) 22-RF3165-0161 12/16A)3 $2,(XX),000 umbrella • • Oocf ISKSSAI mm — ATTACHMENT B ATTACHMENTS FOR UNINCORPORATED GROUP f^T Nmim and Address of Slip Users Henry L and Virginia Sweatt 3225 Bohns Point Lane Wayzata, Minnesota 55391 CTwo lots) Catherine M. Sallas 3220 Bohns Point Lane Wayzata. Minnesota 55391 (One lot) r- fmi Lee L. and Warren E. Webber 3230 Bohns Point Lane Wayzata, Minnesota 55391 (One lot) ■ ■ ' Agreement for Joint Use See page 2 of protective covenants, as amended, attached. rr \. -Jr * ^ n fir .. ..r '.... ■• 0 I atea ^ • I Owfiiiismi # LEOAL OESCraPnON OP PREMISES; OiiSol 1. BOHNS POMT ADOmON / ‘ f •• • 4 v^. •»f ..r,: o . i \ kjkjiki -------- i - r ; ■ h X . - V' % -V *4 \l i i ■;> ivi ^ r I, I ■fi (I May 10,2002 Virginia Sweatt 3225 Bohn’s Point luuie Wayzata, MN 5S391 Re: Joint Use Dock at Outlot 1, Bohn’s Point Addition Dear Virginia: I have enclosed the City ordinances regarding joint use of docks, and the proper application form for the annual license that is required. I’ve also included a copy of the original plat drawing that shows the Outlot. This should be useful in defining where your dock can legally be placed under Lake Minnetonka Conservation District (LMCD) rules. Heimepin County tax records indicate that a James Allen of Edina is the listed owner/taxpayer of the Outlot. Is this person someone who previously lived in the area? Regarding your suggestion that the use of Outlot A for docking is ‘grandfathered ’, it would be helpful if you could send me any documentation you might have that supports this. My research so ftr hu found that the Council in April 1965 approved the preliminary plat “subject to (City) attorney’s acceptance of outlot agreement ’’, and q^roved the final plat in July 1965 “subject to the condition that approval of the plat is not a rq>resentation that a license will be {q>proved for joint use of the outlot or diat a Dock License would be granted.’’ My guess is that when the time came that all three inland lots wen developed, nobody realized that a License was then required. Please call me at 952-249<4600 if you have any questions. Sincerely, Michael P. Gaffion Planning Director end. 1 ■ » ■' ' !•■■' May 10,2002 Virginia Sweat! 3225 Bohn’s Point Lane Wayzata, MN SS391 Re: Joint Use Dock at Outlot 1, Bohn’s Point Addition Dear Virginia: I have enclosed the City ordinances regarding joint use of docks, and the proper application form for the annual license that is required. I’ve also included a copy of the original plat drawing that shows the Outlot. This should be useful in defining where your dock can legally be placed under Lake Minnetonka Conservation District (LMCD) rules. Hennepin County tax records indicate that a James Allen of Edina is the listed owner/taxpayer of the Outlot Is this poaon someone who previously lived in the area? Regarding your suggestion that the use of Outlot A for docking is ‘grandfathered’, it would be helpful if you could send me any documentation you might have that supports this. My research so ftr has found that the Council in April 1%5 approved the preliminary plat “subject to (City) attorney’s acceptance of outlot agreement’’, and approved the final plat in July 1965 “subject to the condition that approval of the plat is not a representation that a license will be {qjproved for joint use of the outlot or that a Dock License would be granted.’’ My guess is that when the time came that all three inland lots were developed, nobody realized that a License was then required. Please call me at 952*249-4600 if you have any questions. Sincerely, Michael P. Gaffion Planning Director encl. r A' S-.:/ ^ . ••••^^ • .. • ^. : ___.*•«n»r,. (WEA t' » •‘ f •■■•• *4 ImK;? • • •I V* .«• <. •.}: : V •■/>?•• 8S;2524 Mils ", ..-Coi/eM/wts *.l. <i“V ». ‘ • * 4 ^ • ••* •.^7 *<•M.' - .•I !.•'> ' = • • • I" - *• V . j*'►/-I / « . Mb 's Nlat 8kmh«14OTt. • ll•l■t Vaatm« • ,. 3579141 rwnCTIVB COVCMiTI ins . • 9 T* 9t utt im. /, - ----------j— .• • ,•••• •! Btodt 1. SoIm'i NlBt AMtCtea '' •• • *• • • • MBUM. Scta'a NUt ShanhalNn, • Jalat Vantwn, It mar a£ a ktN* *t laaS laaataS ia tha Vlllaia af Orana. Cewtr'af Ktaatsla. Stata • * • • ■ a af maamta, faaarlSaS aa falleat. ta.«ltt•• • *■ MW'S roiMt aborkm ., MmiU. taU awaar alahaa ta craata cartala Iwlldlai Hatrictiaaa # aa4 aaaaanu ai*Jact ta ahlch aach af aaM lau aball Sa aaM« IM, 7IVi£FCU, Thm sa U Mia*f rolat SkariholtfArt^ a Jtliit • * • • • . * . • Vaatara. Saaa haraSf caaaaaat aa4 agiaa ifitk tha Satina aaaart af tha piaaltat • • * * *. hatalaafem SaacrtbaS that aa aat4 praaltat ara ceaaayaS fraa tlaa ta tlaa, tha •aaa ahall N CMrafa« aabjact ^ tha Callaalat bwlMlas taatrlctlaaa aa4 cavaamta, • I •aM airtaaaal halai la aaatlSaraUaa af tha aiMl baaaflu ta ha 4trltra4 hp . tha raa^tl^a partita aaalap piaparta la' tha tal4 auMlvltlaa, aa4 far tha .^alaai haatfit.af all aach panaaa. Ikaaa CavauMta an ta m with.tha laa4 mi thall ha blaSlaa aa • all.piutiaa aaf all paraaiu aUlalac aafar t>aa mUI Jawifr 1. IMS, at ahlch * tlaa aaM Caaaacata ahatl N aataaaticallp aitcaSca far aaccaatiaa parlate af taa (IS) paaia, aalaaa hp rata af a aajarttp af tha thaa’aMnrt af iha lau, it• • • la a|faa4*N ^laasa aalS aavaaaata la ahala at la part. - * a • ’ • • If tha partlaa haiata. ar tap af thaa. aa thalr halra a* Malfw. — • m - f • ahall rIalaM at attaN* m alalata cap af tha CaMatau hStala. It ahall ha ImM .far Mp at^ paraaa ar paiaaaa mlat,aar nai srcpa*«r aitaataS 1a aalS Smlap^ ant ar atMlrlaln ta ptaaama tap prac aailasa at laa ar la asatip nalaat tha ■Saiaaa tr ptrataa vlalatlarat attcNtlM m vlaUta np taak Caraant nS althar la pmaat hla ar thn fna aa Salag ar la raaarar '•aah rlalatln. ■ • « a *1 . ; ^ . • • , lllfalltfMiMI •! A^r AAA UMA CAAAAAAIA It jAliMtt Af .At^ itell ta AA AlAA AfftAl AAf Af tflA AlllAf rvWillAAS talcH •^All • 1pl« I • $ f.. ' ‘.‘V. -------. •..*v d’ *' t *•«•.• ••*. ,* •IKU 'h »»••« pi?'- Iri*; • • wr•/••■••. ' f I # * iT p • < • .•• • •* • ••# • • :\Co\je(oAf^r^ Ss!232f MigScf? ! r. • \ . Ma'i Nlat flkank«14m, • <l*liit VaMarc*- t % 3S7dl41 • • ‘ i • • • ■ • • ■ ■ V " H?. •••*!» .; noncnvi coveiMRi - btMi Jt i’^. 1N>. PU«4 ............. •• ^ 9i uts ill il«A I. lota'a totiit M4U1 m ' * • • • • • tmtAI^ Mat SHiraMliaiii a Jolat Yaataiat la Mtr • * • # •r ‘« ar Iaa4 laaatW li^ tka Vlllata af Otaaa, Cauatf af Na«Mrlii, Staca • * • * ’ i • af lUaMaatt. 4aaarlka4 aa taltawa. ta-«tt> • ‘ KMI't KIKT HUMS, aaU arnwr vitkaa ta craata cartaln ^IKlag Hatrictlaaa <*«Mau aakjaat ta aklak aaah aP aal4 lata ahalt ba aaM« MW, nCttPCU, Iha aai4 Mia'a Patat ttanhalPan, a Jalat fMtiira, 4aaa karabr cavaaaat aa4 agtaa ifltk tha Pittaia aiaiim aP tka fiaaltat kaiaiaabava. Paaitlkai tkat aa aal4 ptaalaat ara caavafaP Piaa Maa ta tlaa, tka aaaa liall N aaavapaP aabjaat tji tto fallaalag MMlag faatrlctlaaa aM cairtaaau, aaU aifaaaaat kalat la aaatl4amlaa aP tka w^l baaaPtu ta ka 4aHva4 %r . tka napMtl^a par**** aMilap prafana la'tka aaiP aakPlHalaa, aa4 Par tka jHitaai kaaaPtt.aP all aack panaaa. Ikaaa Caraaaata ara ta ra alu tka laaP aaP akall ka blaPlag aa • all.pMtlaa aaP all pataaaa alalalai aaPar t>aa mUI Jaawlr 1, IfN^ at aklak ‘ t.laa aaM Cavaaaatt Mull ba awtaaatlcallp aaiaaM Par aaacaatlaa partaPa aP • tail CM) paara. Mlaaa bp rata aP a M)ar«tp aP tka tkaa*aaaara aP tha lata. It la agraaP'aa akaapa aalP aaraaaata la-ahala ar la part, - IP tha partlaa kaiata, ar aap aP tkaa, ar tkalr balta at aaalpaa, — * • •• |p * • •hall rialata ar attapt ta rialata wip aP tka CaraaaaU'kktala, It akall ba l■rfU .par «p atkar patawi at panaaa aMla|.aap raal pnpartp altMtaP U aalP Piaala»i • ^ ■M ar aakPltMlaa ta prtaama aap praaaaPlaaa at laa ar la arat^r malMt tiw• * . * •paaaaa ar pataaaa rIalaUaraa atta^pUap ta rialata aip aa* Caraaaat aaP altiwt •a praraat hla ar tkaa Praa aa Palai ar u raaarir Ptaapaa ar atkar Paaa far aaM rlalatlaa, * • larallPatlw fl ' ! I • tl Hill ta m vli# tfritl m %i Ihi iltar rwItiMt Hlci •tail niita ta 'pi* . . *. . ! C flcil94 a *» f * • / • % full fmm ani ufftct* h; 1 (A) • All traeU^ •ictpting OutUt 1, . ir erltai is nsitafitial tracu, ta atfucturM tAall •r fl§€H*vpm mf rtiltatitiil trice othir tAm m i ' ^^tailltac Mi • prlritc |ing« and any other outbulldli coMlitaut «ith tha fftldanUal uaa of tho nac^. (i) ‘Any rotidaotial atructuro or he •f iltarad upon Traeta/ Lou *5 and 4. ahall aot oicooe and.iip«i Tracu/Uta 1^ 2, S and 6, ahall not aaeood i (c) . ta ono*atoty dooliinf ahall bo 'tantlot tract iMloaa tha ground floor aroo of tho noli of opon pofdioa and garage, la UOO aauaro foot or no duoijita iMltai the aroa of tho nain floor ia 1000 aqt (D) ta duelling or other building i than thirty (M) foot fron^ tho front or atroot lino» i (IS) foot to any other lino of any raaidontial tract. (C) Outlet *1 ahall bo uaod for roc avUndng and the docking of boou only by tho owiofii S and #9 iohn*a taint Addition, ta pomanant atroctv hi aroctod thoroan* lha uio of aaid Outlot shall bo of 7s00 A.lf. and 12:00 nidnight; (f) ta trnilar, baaanontp totitp ah oiictod on tha praniaao stall b^at any tino used as pafnana|tly« nor shall any struettifo of a tanporary c or occupiod for rosidanco puiporm and all otructura finished m tho intarior vithin olglit (I) nonths ifu ratl«i*nr conatnictlon tiiofoof. * ibj ta Maaioui or nffonstro octfvl upon mf tract nor shall anything bo done thoroan ohl or nuissMO U tbo.nalghbortaod. 1 (II) . ta sod| sollt sand or grarol i fron said proniaoa oacapt for tha purpose of oacaratl or.iltoratiM of a roaidanao or an appurtananca on si for the proper grading thoraof• Cl) ta building shall bo aroctod^ building Iroit ta this aubdlvlaion until the bulldlni plot plan atauing tlio'locntlan of such building stall uritiiii by 0 nnjority of a cannittao conpoaod of the nataara of ioha'a taint hharolioldc or tholir nutburlaod fopraaontativo^ for aanforalty ai doaign ultb oasatlag atraaturaa In tho aubdivlalan; ( buAMInd via fuapoai a property and building aotbu On daaa of any noubar or oaPbora of said connittoo, oantar ahall havo «ithgHty ta tapwro or diaoppravo If tta aforaaald oonnlttoo or tholr nuttarlaod raprai at itaapprgpa auH daalgn and loaatlon uiain flftoai bora boon gubnittod to It^ or If no suit to onjoto H or tbo tub tag of auH altoratlong baa baaa oaoBtoot t tbo atart ttaraaf^ aata approval atall ta atioaad» aataarlaad rapraaratatlva atall aot ultbaat foapaagai •at and aorra mil a balldlag coanlttoo af Jibroo (S tta oraora ol raaldaitlal Iratta ta said batata tata^ •2< L. ^ y ' f OHOSS2524 »193T ;!.. • • t*«v ..• 4^ fMracrm eovcMiRS JVI» t l-. IMS. • J«Uit VMtm. • I M» CMitr «f HtlWiplH^ Sttu .n • ctttalu kull4iii| f*ttricfi«ii ■kali b« mMi Siit«n Miim af tha f laataat aaaayaS tnm tkm la tlaa, ika allSlM faatrictlaaa aM aaaaaaata, t mi bMtflU tm bt by , % 4 aaMtatalM. ai4 fa? tM # I laaA aa4 Bhalt Sa klaSlaf aa aUl Jaaaafr I. IMS. at aMcIi ' M far aaccaaitaa parlNa tf te ihaa'aaaan af ito laia, 4t I ran. - aa. aa ilwla hatta aa aaaltaa, — aaaaata-Maala. It ilkall »a l««d iwfaity aliaalaS ta aaU Maalap'. at IM at la mmm asMaat II m . laatolMs ahlak atoll \ , ! C a- v1 ; » }f ^24 Mil94 • ■! f.. . / • % *' fall fefca m4 affaet. ^ (A) • All •ictptinV Outlet I, thiell be fciioim md - 4e?-crlbe4*ee tetlAeatiiil tracts* He sti«ctiires sbsll*be erecteA* altered. M my residential tract ether than ene detecbed aie.:le faedly do4 a private garaie and any ether eutbuildings tncideatal te and cenalacent eith the rfildential use ef the Tbact^ I • • •. , . (I) Any residential structure er building'prected^ ^ineed* er altered upen Tracts/ Uts *S and 4* shall net eiceed eae-auiy In height* ■*4.upen Trecta/Leta I* 2* S end 6* shall net eaceed twe aterlea In hefgh^a . (c) • Hn enn*atery duelling ehell be |«eieltted on any real* *nNntlnl tract unless the grewid fleer area of the aaln atnactute* eaclusive af apen perches and garage.' la 1600 seuere feet er eore* ner a tee atcc« dueljl^ unleea the. area af the ea|n fleer is 1000 square feet er no re 4 (0) ie duelling er ether building shall ba located nearer than thirty (SO) feet*frda Ihe front er street line* ner nearer than fifteen* (IS) feet te any ether line af any residential tract. • « • (B) Outlet ! shell be used for rqcreaticnal purposes* avUndag and the decking ef beau only by the aimers ef Letf/Tracu 1* 2* S and 6* iehn*a feint Addition. Ne'pemanqnt atnicturta ef any kind ahall. bd erected thereon. The use ef said Outlet ahall bo United Mti^ the hours ef 7100 A.H. and 12:00. aiMght; * V* ir (f) He trailer* basenent* tsnt, shack* garage; er outbuilding erecud on the preoiaea shall b^at any tine used as a realdencd toaperarily er pemanoftly* ner ahall any structure af a tenperary character ba qracted* used ar accopied far roaidence purposes; and all structures shall be ceapletely. flniihed on the intdrier within elglit (I) smiths after cennencowant ef the eica* vatien*ar ceaatruction thereof. . ^ • ^ (0) he aeaieua dr nffnnalve activity shall be carried on upen any tract ner shall anything be done thereon which nay becoae aa amiurmMi * ar auiaanca ta the.nelghberlieed, I * ’(II) . ha aed* sell* sand or gravel shall be sold er raneved . fren said praniaoe eacept for tht purpaae af aacavatiag far tba’ canattuctian er alteretimi ef e reoidence er an appurtanaaca ea laid prealeee thereto er for the proper grediag thereof. ‘ *(l) lie buildini ehell be erected* pieced er eltered on any buildiag Ireqt In thie eubdivieien until the buildlaf plane* epee if icet lane end plot piM iheviaa the'lecetiea ef euch buildini ahall have been eppreved in . writing by g nejerity ef e eemsittee cenpeeed ef ‘ the nichera af iehq*a feint hherfheldera* e Joint Venture* •r tbeir eutlfriied tepraaentetive* far canfamlty and havnaay ef eaumel deaign with eisatlag attucturoa in the aubdivUlen; md ua te lecetien ef tlie bnlldlnd oith fhepeci te property and building aatback linta* In tba caae ef tbe death nf any nenher er nehhera ef eaid emnittee* the surviving ngnhen er nghher ghnll have «Hhehity le approve er diaappreve auch daalM ar lacatlen. If the eferaaald aannittee er their eutheriaed repveemutive fella te approve m aad lecetien utthin fifteen (IS) deye after plane it» er If ae tuit te enjoin the erect lea ef euch hulldiiw* •r the neiing ef gnah glteretlona hgg keen cenninct 1 within Ihlqty (SO) deya ef the etert thareef* eueh approval ehell he eeeuned* feid eemittee er (keif •otheriaed raptoemiitive ghill ait wiihent aenpanaatian. iaid aaM|tlaa ahall •at and aotve until a hullding tanninaa ef .three (I) ehell he appelated hy tho gvnete mi roeldiniUi kroeta in aaid MmU feint Addition, f ilee ef. hegi- 9 • m 5 r ‘V . *•»// “^ ... r* . . , '.V • >i . ' • ' <. i *^mi ------mL*ii;; :‘ - • • m-'-%••• % -T*X jP1='iS% j-yiv j*- A ^ . • • ^/ * .y>V. • •. »**.*£aitsis„r^^“« »s? a«efc Htllltf M«’4nlM|* awMiMt* mt nc*H» If ai^. :.*• • *% a . ^ ^vvlliiig •hill M% trtctt^ on it» lot in nnig ShK* 4ifltte Milotf it liM • hafd •urfaca4.4ri?«.of can /at# ar bitiaiiaaiia * V . •-• .1M —I— fcwMati' baart hauaaa ar 'atiiar atnctarat, ?3*a'^ ^ ^ •» M«e*4 «paa tha laailtan af Trtcta/La«a *v... >,• • ,* .. • ..V. ^ . *?L - *1? *'•••• ""•** fcf AmIIIiim ahall ka kaat -* «*«■ ^•dt, wtlihtlr bnrt. M Jf 4aaa tUbn ^ y •.f • ^ lOiaaavar **traeto** bava baaa tafanag fa in tha faMaaiaa frteu raWr ta. thaaa lattaiad an lafaiia Paint Pdiltian * ^ flM •!« 11^ laitatai aftliMMtv Haaaapla Ca«tr, Mlaaialii; • 1• ^■yrt»..-. >•. I iaaftt •haU*biiSS^-'ayfSa'Sat; g;gy»f.” y*• ♦ibibtiaTw tJ CJ-.-' i -i to latoMit aa^^L^ !' T *’1/' ■"< taat/Utltoa•P laMMi.ar canrt ataar ihall in na vita a/faat any athar af tha aavaMat* taamctlaaa ar aaaittlan ahicfc aball raaaUi taLu fa^aZS Sfa^T * pa fatanalB* raatriaiiMa. aaMltlaaa, aavaaaiu «4 Sa*ia>a*!t*«!ii2^ if?****"! "** !***2* caatlaaa aa aavapakU namlRg irttk .tta M ta (tvar af all iraataaa af tha fiaalaaa la tal« Mw'a Palai AMltlaa, IN 1UTMWV Hnicif, laha'a fatal awrahalfara, a Jalal Vaatvia, tea aaaaaf tfcla tMtiiMM ta ba akacataf to Claia t. Uai aaf »aaa R. Stnthan. I.. MatolN iMtiiaa. aa ikla Jgfjiar t. Ji/Jiif ihi. V • fciata I, ' ( ti 2^ I i;-' t- • • \ •• • • I; • V *1 a* • * a* ! • ! .* • I iVI •> w • • k* r* ••... •• '^y. tV.lU- -V •• *. a- . - •* •• ‘riAi,, ^TV •u^«.% •. rT-*' * V ^r; '■< ’- r-SC _* > r^y - e •*'i ;iv .-iz-v, .■*5':yr • •• »• *a .1 %.• • . • ^ ‘^«:u-.'.v' «jnipnvori %•.# • • •;•. i. . •{•sjr«i f * • ' * *•■• • .•• *■ .. .'• a «• • • • • •• • • • . * beim Wj'a mutr |iftu« mi fw uii cmmtr *m4 sut*. pmmuir mmm eim I. liN m4 ». tto MMflv Ma'a p*i.t • J^i MMN, M jn iMm «• k« tM Mnaa . -.• . .;< M tU.MM|tae CMittM t SU4 MS'* Pdat • •• • . ? J*l«» WMMN, Ja4 wkRMl«4|a4 .tkat tkaf macatai tta SMaa tte MM|^ aMittaa tt aal4 jaUt aaataia aa4 u iKa Ttaa aat.M4 4aa4 ti aal4* • , • • |«IM aaatanr.au IMttar, tkat .tkap aaka thU.farifiaaUaa altk tka aatkarttp n4 ta takair af aal4 Jalat taatarav 4* 9^ MMUlifM iiplivf • a • • a •• i‘-.. y/ • . aa« • •• ;• % I • y '« •• V • •.* * V4 k* I K? ».V • •« fIJM fta natii ta taa • 4ap af In 4». im at »•« a'altak k«. :• • . • * . ; .■■■. 17 , • * . . ••• • f’i"4 .. *45' - • •• 'k^*** • •• ^ • a •* • •» «»•••«••) •V • ♦* r •■ Certificate of Title Cerlificale Number 718601 ■ Transfer From Certificate Number 6363S8 Originally registered the 4th day of September. 1974. Book: 1690 Page: 50986S District Court No.: 17640 State of MInneaota County of Hennepin }8.8. REGISTRATION Thli Is to esftHy that FranMyn E. Churchill. 3260 Bohn's Point Lane. City of Orono. County of Hennepin, State of Minnesota, as joint tenants, and Lenore R. Churchill. 3260 Bohn's Point Lane, City of Orono, County of Hennepin, State of Minnesota, as joint tenants are now the owners of an estate in fee simple In to# following dioertbsd land aHwalsd In lha County ofil^^ Lot 3, Block 1. Bohn'S Point Addition ^ ^ Subject to easements for pedestrian described Lot 3 as shown by deeds Hennepin County Records, page 3' Subject to drainage and utility easime of the above k 68 of Subject to asfoe*^%91018anaiff SLl|is|rt to ttw IntMsato slwwn by Mis fonby^ ni^ 1. Lions, dslma. or rigMa arising undal^l^, raquliatoagpaarorracofd; . .. \ S. Any' ■ ■■ “■ Its recorded in Book 2524 of Deeds, 79142, in'iBwk 2534 of Deeds, page 366 37 and^00612: forth IniWancaraat forth In Mlnnosola atatutaa chaptar 80S, .“'f cannot •'.V. . tiMj^^atutssofMila Ibl^drto of Mw carMfcala of MHa: 4. AM ilghto In public Mgliweya upon Mia landt.»^K , 5. Suchrtghtofappaalorrlgtitteippaarandewywt _ jirja. S. Tttorlgfreef any parson to pflMiMlonundardlidiraiicwBpjydftt^^—v . • 7. Any outobwdtog iwadianic a Man righto which may «Maiji9^.,|SeMMW^^^ under Itit loaat II I.' i. j ownU'oltha carMflcato aftWa; That Franklyn E. Churchill is 18 years of age or older, is married to Lenore R. Churchill, and is under no legal incapacity. That Lenore R. ChufChW is 18 years of age or older, is married to Franklyn E. Churchill, and is under no legal incapacity. MEMORIALS ■y,YwTlllW junM,isgggd:i90ni May 22,1^ oi:OD HU 8opH.fW0SHII)Piyi Nava2,iss6 tz:ooN« Na«02.inS 12:00 m RunninetoFsvoror AiaocttUonfT?TTr7i‘ni:rj'7rn rzrj’? PraMa,MN aflWN an Ini af Franklyn E.ChunMr _ i^toeNelBoiSZ irnaPQble MIOeaDaeNolSaoisa tiitMfafff iiintrtrtiriiri AKI ICLli 11. JUiN 1 Ubt: Ul* l^AKtl rACILl 1 ItS I'age 1 or z r-i ARTICLE II. XHNT USE OF LAKE FACILITIES 8tc. 94«36. Definitions. The following words, terms and phrases, when used in this articie, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat slip, land, means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. Boat slip, permanant, means a boat slip on land or water used for the storing of a given boat on a long-term or yearly basis. Boat slip, transient, means a boat slip on land or water used for the temporary storage of nrany different boats for short periods of time. Boat ^ip, watar, means a structure, space, dock or other thing designed or used for the docking, mooring or storing of a boat temporarily or pennanentiy in or on water, including mooring posts, buoys or other devices. Joint use means more than two adjacent riparian landowners joining for the purpose of using lakeshore property for swimming, bathing, fishing, docking or mooring boats, or for any other purpose. Joint use includes the following activities; (1) More than two adjacent riparian landowners sharing In the use of a single dock. (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the ntembers. (3) In the RS zoning district only, a not-for-profit organization or association providing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes. (Code 1984, § 5.42(1); Ord. No. 117 2nd series. § i, 6-28-1993) Croas referencea: Definitions generally, § 1-2. Sac. 94-37. Ucanaa. (a) It is unlawful for any person to engage or participate in joint use without first having obtained an annual license from the city. (b) Any person or group of persons making application for a joint use iicense shall do so on forms provided by the dty and shall provide such information as may be deemed necessary by the council in order to act on such application. The fee for license applications shall be set by ordinance. (c) Upon filing of any application for license, the council may call a hearing upon such notice as it may deem appropriate. No such hearing shall be mandatory, but wholly within the discretion of the council; except that a hearing shall be held at the request of the applicant in cases of license revocation or denial. (Code 1964. § S.42(1)-(3): Ord. No. 117 2nd series, § 1.6-28-1993) 8«c. 94-39. Joint use standards. Joint uses shaH adhere to the following standards: htfo://Iibraryl2.municode.com/gateway.dll/mn/minnewta/1328/146G/1462?f=temnIates$fn=... 4/5/2005 AKllCLtS U. JUlMi USU Ul* LAJUi 1*ACILJ1 UiS i*age lot 2 Vs (1) Any association of riparian and/or nonriparian landowners within a subdivision adjacent to the take which initiates a new joint use shall adhere to Lake Minnetonka Conservation District regulations, and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the ordinary high water line. Further, all such use shall adhere to the shoreland management regulations of chapter 78, article IX. (2) Any joint use in the RS zoning district by a not-for-profit organization or association providing transient boat slips for stakeholders of a property used for day-use recreation or overnight camping purposes shaN be allowed only in conjunction with a valid conditional use permit for such use issued by the coundi. (3) No joint use shall be approved which necessitates provision of parking sMs or which creates the need for parkkvg on any street right-of-way. (Ord. No. 117 2nd series. § 1(5.42(5)). 6-28-1993) Sacs. 94-39-94-70. Reserved. m 4■ I'I .-A.;.- - •- > « " ■ ;* htfo://libfafyl2 Mi* M’ABteway.dIlfoiii/lmiimesota/1328/146(V14627f«teniolatesSfii^... 4^5/2005 u , i I f II li iAMi . ZONING REGULATIONS f 78-1279 f- t Sec. 78-1278. Lakeshore acceu lots. Lots intended os accesses to public waters or as recreation arOas for use by owners of nonriparian lots within subdivisions are permissible and must meet the following minimum standards: (1) Any such lakeshore access lot shall be designated as an outlot and shall not be considered as a buildable residential lot (2) Such an outlot shall not be subject to minimum lot area or width standards, except that the number of inland nonripar ian lots which may gain access via such outlot shall not exceed the number ob tained by dividing the outlot width mea sured at the shoreline by the required zoning district lot width, rounded down to the nearest whole number. lowed to be continuously moored, docked or stared over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and veg etation alterations. They must also re quire all parking areas, storage buildings and other facilities to be screened by . eg- elation or topography as much as practi cal from view from the public water, as suming summer, leaf-on conditions. Such covenants are subject to city approval. (Ord. No. 101 2nd series, § 1(10.66(16X8)), 2-24- 1992) Sec. 78-1279. Placement ofstructures on lots. (3) Such outlot shall be jointly owned by all owners of nonriparian lots in the subdivi sion who are provided riparian access rights on the access outlot. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as fol lows: (1) Structure and on-site seiuerage system set- No such access outlot shall be created as backs (in feet) from ordinary high water /tffisa/* part of a subdivision plat except when the building lots within the sub^vision are separated by on existing public or private roadway from the lakeshore, and the land PiMkmiHr eSmifirmtim 5/rtfrrirnr Umftmtrtd StmntI Sftmge TKnfmrni SjrtiSem on either side of the roadway was in common ownership as of the effective date tit kO IM IM 100 75 150 75of Ordinance No. 101, adopted February Ob 75 7.7 75 24,1992.iOO 75 75 (6) Covenants or other equally effective legal instruments must be developed that spec ify which lot owners have authority to use the access lot and what activities are allowed. The activities may include water craft launching, loading, storage, beach ing, mooring or docking. They can also include other outdoor recreational activi ties that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities in clude swimming, sunbathing or picnick ing. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft al- (2) Additional structure setbacks. The follow ing additional structure setbacks apply, regardless of the classification of the wa ter body: Setback fronu Ibp of bluff Unplatted cemetery Ri^t-of-way line of fed eral, state or county highway and local public and private roads Setback (in feet) 30 50 30* * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less Supp. Ns. 1 CD78:189 i-JSkk * VlLLACn or ORO.MO ORDINAI^CE J!C. 5U AN ORDINANCE TO ADD TO THE MUMICIPAL CODE A CHAI'TSR DEALING WITH JOINT USE OF LAKE FACILITIES. THE VILLAGE COUNCIL OF THE VILLAGE OF ORONO ORDAINS AS FOLLOWS: Section 1. Chapter 74 is hereby added to the MuniciDcl Code tc read as follows: "74. JOINT USE OF LAKE FACILITIES 74,010. License Required. Ho ;7,roup cr dss«x:i.ition oF persons or families, more than two in number, whether incorporated or not, shall i . make any arrangement, whether through a common or cortxsratc ownership or otherwise, for the joint use of any lake shore property for swimming., bathing, fishing, docking or mooring boats, or for any other purpose, without securing an annual license in accordance with this Chapter. »« I* • 4 •• • *' « ■“ 74,020. Application for License. Any person, or group or association of persons or families, v;hether incorporated or not, desiring such license shall apply therefor to the Village Council. Such application shall be in writing, signed by the applicant and filed with the Village Clerk. It shall set forth the name and residence of the applicant or applicants, including the names and residences of all members of the association, whether incorporated or not, and shall designate which of said persons shall be regarded as the "licensee" for purposes of this Chapter. It shall be accompanied by a certified copy of the Articles of Incorporation and By-laws of any incorporated association, or by a certi fied copy of the By-lav»s or agreement of joint use of any unincorporated association or group of families. It shall also be accompanied by a sketch of the proposed facilities, and a statement outlining the manner, extent, and degree of joint use contemplated. The Clerk shall present the application to the Village Council at its next regular meeting after the filing thereof. ^ ,v ‘ • 74,030; License Fee; Dureation. The license required by this Chapter shall' cost 510 per year. Each license shall expire on April 1 next following issuance, and shall not be pro-rated. t 4 ' ' : ' . 4 ■. 4 • ' • I * I. * *'• ”1 ♦V ; »/ > • 4 t * , V • **• • < .* « . * • • '74,040, Issuance of License. The Council may seek advice of .the Planning Commission regarding issuance of any such license, and may restrict the joint use in such manner as it deems necessary to protect the health and welfare of the Village firoro over-burdening the lake or lake shore at any particular spot, having in mind (among other things) parking aAd traffic problems; safety requirements for docking, mooring and swimming; contamination of the lake or lake shore or any parts thereof; and tha. common right to use of the lake for boat traffic of all kinds. Each license, when issued, shall contain a statement of the V 4 V V-v:f> ' ' M.f -: ^ /I /v‘h .' _i t- . • ' /•* ---* J >; ;• \ * y f • fcV •• Ai "'•J ti ’ I? "-I^'isv I jV- te! 'si / „ / I \. '. ' Vf : vV ■. ‘ r .*'' : <r •;•! ‘ iijto.'iSf/ r,tt >»■' V ‘P, , .t ,-•(, ('''‘“‘r: Hifei;;!!.;; i m p l.!.!’';!iiinJ •. - ’ V ,*• f \i^n : ' I ' V'- m ^~ . •' __________________ - ■ —— •• V \ i ',Mf 17 H \^' • * X.' T • .•! F-’? ^ . • i V •iT\rjr: - r ' >1*^ i, v-nV J MW 1 '.. ^ V r 4* im-l II • ; a./- . '•■ r"--- 'j-m'-J‘T'^i'^i•A.;x VV';V/ ;•,...., ■cf:V-A-3' 5'i* #*/,• *V*. ’(f:: MHP#^ i:'i< » r »>. 1 ■ • I . ^ I . / vli. :■! ■: .L *1 i .* :^i,^ •• \( ri;‘. r:^ I' 'M H J ifcf jj iliMSWWItl, f.:| Pi'.I■ IM7.WMiifflilIM!:ial)1i'H;j’li•!• ’ ,. r.- f ‘ ff♦"TwBHBWWM^.'i' i: ■ji' .....................^................................ —— ip™ ts m--. i(i:f ;,•'!■ l' |l J ji • -■ iK ' •V/. ; /•.:>< - *0tc- r " ,^^.^-.,1^1 III l^ll»■l| -:P '^mss^y^ ••*1 m fev IP'i pi '■T, - i>. Lir !<!: lii^j.?'.... ./■'.I ■ .1. ki. ; I ' ' •• V-‘ i V* '• ? *■ 4v \'h • .. k. -••- .‘ ••■ ■</■/.’- ■ • •' -V - 'WK- ^ _V A Y/> I- »• . • t ' -ti m tii' ^^|■/'#■'' :'■>1 V’; i -•'■-■#>■ k“- ■! .I?>r -.'/ • V .<1 Y 1 Li; ' L‘ W. If ? .H f ' ^ i N |.TX r-u\myi ■ '^T ™ / _r. * ■' ry--^ 4 I 'V. sT> ^’*lllll !1 r-^n ^ V. ^ dHt! ^ U) m/ ./■ -- /■ .- / . ' V V; \ i ■ \ V:/is*i nMJ \ I ' r I : k'#i, li r ;TMl i^^ii I .? *\ ftm *^.1 ^ p~1 "'SV' V \-V • ;t7 •+‘.^•1' jt .' j ■M:>y-''\k- ' ■^■'y -1 ¥y::.ll ^ tHt/^ . ^ t • - V i.-J /" / -'•j ►^1 ’*■ ' '' *' jT rr/,-.c.. fv - 'M^Hi'> ^r- • -.-»* •. • :-A . •: 1 • * ' RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOHNS POINT LANE HOMEOWNERS SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2005 TO DECEMBER 31,2005 v WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Miimesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land witliin the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners rH the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the ri^t to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Hiis mutual right of oijoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 WHFREAS, Lake Minnetonka is ciqiable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock ftcilities when such facilities are used and maintained by three or more families, which regulatkns include die annual licensing of Joint Use Dodcs pursuant to Section94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and ms and the following special conditions as they relate to an s^Ucation for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 1 1th day of April, 200S. ATTEST: UiKla S. Vee, City Clerk Barbara A Petorson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .,2005 by Barbara A. Petersm, Mayor of die City of Orono, a Minnesota municipal corporation and said instrument was executed on bdialf of the City. Notary Public STATE OP MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_____ by Linda S. Vee, City Clerk of the City of Orono, a Mirmesota municipal corporation and said instrument was executed on bdialf of the City. day of .,2005 L Notary Public Page 2 of2 1 11 'I ■I CITYOPORONO ’fim EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK UCENSE L LICENSEE: Bohn’s Point Lane Homeowners Dock Address: “3240” Bohn’s Point Lane (Outlet I, Bohn’s Point Addition) Agent: Warren Weber a Address: 3230 Bohn’s Point Lane. Wayzata, MN 55391 Licensee is: « • s. ■ 1 ■ ^ •V ' fS' X unincoiporated homeowner’s group __ incorporated homeowner's association __ unincorporated chib or recreation group __ incorporated club or recreation group __ other License Period - January 1,2005 to December 31.2005 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B. and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed die number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Crystal Transioit (Day use only) Slips Permanrmt Moorage Slips 3 BoatUfts - Sub-Total: Slips at Dock Of&hore Buoys - Maximum Boats in Water Maximum Boats per prior license m MAXIMUM BOAT DENSITY 1 Exhibit A Resolution No. Page 2 Exceeding this nuncimum boat density, or exceeding the number of permitted slips, li As or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to Aill compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The City acknowledges the historic and continued use of this three-slip multiple dock since the 1960*8 for the benefit of three designated non-riparian properties within the Bohns Point Addition. 2.The City recognizes the easement over Lot 3, Block 1, Bohn’s Point Addition to provide pedestrian access to Outlot 1, Bohn’s Point Addition for the owners of Lots 1, 2, 5 and 6, Bohn’s Point Addition. 3.The three multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Bohn’s Point Addition may occur without City approval. Transfer of dock rights to any property outside the subdivision of Bohn’s Point Addition or to any person who is not a Bohn’s Point Addition property owner, will not be allowed. Any boats stored at foe dock shall be owned by a property ovmer within foe Bohn’s Point AdditiorL 4. The three properties which are each allowed one slip within foe three slip multiple dock are described as follows: A. (Sallas) 3220 Bohn’s Point Lane (Lot 1, Bohn’s Point Addition) B. (Sweatt) 3225 Bohn’s Point Lane (Lots 5 and 6, Bohn’s Point Addition) C. (Weber) 3230 Bohn’s Point Lane (Lot 2, Bohn’s Point Addition) 5.This approval grants a 2005 Joint Use Dock License to foe Association for three slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License aruiually. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Mirmetonka or the pmnises in a manner permitted by this resolution, but foe use of Lake Minnetonka and foe premises shall remain subject to such regulations and ordinances as the City and other competent regulatory 1.-1I riecessary fixnn time to time in foe public interest.authorities shall d< r<'’ REQUEST FOR COUNCIL ACTION DATE: April 4,2Qffy* ° ITEM NO. Department Approval: Name Michael P. Oaffion Tide Planning Diitctor f Administrator Reviewed: yn\ Agenda Section: Zoning Item Description: 2005 Marina Licenses: 1) North Shore Marina East (formerly Windward Marina) 2) Minnetonka Marine (formerly Kings Cove) 3) Sailor's World 4) North Shore'Marina 5) Wayzata Marine List of Exhibits 1 • Marina Information Summary (Par caca AapUcatlM) A - 2005 Application B - Site Plan Licensing Update License year2005 marina license applications and fees have been received from each of the five Orono marinas. License year 2(X)3 marina license applicatiens and fees were received in early 2(X)3 but have not been issued, and no license applications fin*2004were mailed out or processed. This memo is requesting Council qiproval fix issuance oflicenses fix’the period January 1,2005 - December 31,2(X)5, retroactive to January 1,2003. In the past, staffhas attempted to inspect each marina in mid-season, with annual licenses presented to Council fi>r formal q>ptovalsh(Xtly thereafter. Thisaraiual inspection process, which is not required bv code, did not occur in 2003 or2004 and has yet to be completed for 2005. However, staffhas visited a number of the marinas within the past 2 years for non-license related reasons. The deh^ in license processing until an inflection has been completed, is cumbersome for staff and pethiq)s unfiur to the marinas, and should be discontinued. Tlie marinas do rut require an inordinate amount of staff time, and generate very few conqilaints. It is staffs recommendation that the processing of armualmarirui I icenses be completed upon their submittal (usually in the early firing), and any issues with the Operation Standards be dealt with as they arise during the year, or be dealt with as azoning matter ifthat is the case. Fire Safety laspccthms The Fire Marshal conducts an inspectian of each marina once every 2 years for compliance with State Fire Code regulations. At this time there are no outstanding issues. Kb.:■ami I /fthiMii itilJatflfMbtitil ~ I ■ lia I Drill m •rassi.ajAAl nm^ aiy 2005 Marina LkcMiag April 4,2005 Pagc2 Conditioiis of LIccDse Approval Section 5.43, Subd. 5(C), requires that each licensee adhere to the following minimum operation standards: 1. 2. 3. 4. 5. 6. 7. Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. The site shall be kept neat and orderly, and free of garbage. On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-!and storage ofboats, trailers, materials and equipment shall be limited to tixise locaUi niK siiown on an approved site operation plan, which plan shall be submitted onqrdated aspart of the atmual license application. Such site operation plan shall also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Individual Marina Background North Shore Marina East -1444 Shoreline Drive North Shore Mariiui East (formerly Windward Mariiui) has been purchased by Rich Anderson and will be operated as an adjunct to his North Shore Drive operation. The property has 40 rental slips on Tanager Lake and 78 on Browns Bay for a total of 118. The marina sells and services boats and equipment in the facility on the Tanager Lake side of Shoreline Drive. A gazebo/toilet building is provided on the Browns Bay side. The site includes 26 parking stalls on the Browns Bay side, and 47 stalls on the Tanager Lake side, a portion of which are located on the 2 adjacent residentially zoned properties. Anderson has not determined how these residences wilt be used, but they could be rentals. The attached site plan which allows marina parking on the residential property was approved by the City via Resolution #2674 on August 14,1989. The aiqrlicant is in the midst of a dock reconfiguration approval process with the LMCD for the slips on Brown ’s Bay. These docks are seasonal in nature, and are towed to Tanager Lake in the winter. The reconfiguration will include a second walking access point from the shore to the docks east of County Road 15; applicant is aware that should he choose to create hardcover paths through existing non-hardcover areas to the new dock entry, diis will require a hardcover variance. Past operation of this site has generally adhered to the seven minimum operation standards. Aspects of the operation which require ongoing attention in order to remain in compliance with the operation standards, include eliminating storage of marina equipment on the residential overflow parking area, maintaining parking spaces within the paved lot next to die building as opposed to filling it with boats for sale, and managing parking to minimize customer necessity of crossing County Road IS. Staff recommends approval of a 2005 license for North Shore Marina East ■ r~—lIlaiMiisi I i.y H •I 2005 Marina Licensing April 4,2005 Pages B.MiBBetOBka Mariae -1449 Shoreline Drive Genmar Industries is the long-time owner of this site, which in the past was operated by King's Cove but has recently been leased to Wayzata Marine doing business at this site as Minnetonka Marine. The site provides 66 slips on Tanager Lake and 48 slips on Browns Bay of which all but 3 are rental slips. Facilities include 71 parking stalls on the Browns Bay side of County Road 15. This site underwent major renovation in 1997, including replacement of the old storage building with a smaller oHlce and restroom facility, upgrade of landscaping, a slight increase in parking and a major expansion of the stormwater pond. No activities occurring at the site require a conditional use permit Applicants are currently in compliance with the seven operational standards and the conditions of approval of the recent renovation approval resolution #3835. Staff recommends approval of a 2005 marina license for Minnetonka Marine. C. SaUor*8 World -1955 Shoreline Drive Sailor's World operates a ship's store, boat club (CUP issued 1995), and rents slips, with a cunent dock capacity of 79 bMts. This marina was reconstructed in the early 19SK)'s. Activities occurring on diis site which require ongoing attention by the property owner in order to remain in compliance with die seven operation standards include: managing parking facilities, including die use of off site facilities for overflow paiking to avoid parking and traffic problems, keqiing die storage of boats and odier items out of the designated landscape areas, and ongoing maintenance of the parking lot perimeter stormwater filtration system. Staff recommends approval of a 2005 marina license for Sailor's World. D. North Shore MarlBS - 3222 North Shore Drive The North Shore Marina operation includes 93 slips in the water (historically the City only allowed 86 slips, but LMCD allows 93) plus a dry stack storage unit with 72 slots (all of which LMCD licenses but only 20 of which Orono has historically proved for lake use). The property also contains a service building, an office, a "club house" for slip users, and two dwellings, one of which is vacant and the other which has been used occasionally as a caretaker unit and which was remodeled a few years ago. The site provides ample parking for customers in the summer and a large capacity for boat storage in the winter. This site has been folly utilized for winter boat storage in recent years. This marina in spring 2001 ^iplied for CUP approval for use of all 72 dry stack slots for On-Demand Launching. The use of the dry stack system at North Shore has not posed any problems for the City. The I 2005 Marina Licentiai April 4,2005 Pafa4 primaiy concern would be parking, which is ample on this largest of Orono's marina sites. A secondary concern is boat density on the lake; however, since die LMCD has long maintained the position that all 72 dry stack slota can be used for boats that are for lake use (as opposed to for sale or waiting for service, etc.) it would be consistent for the City to acknowledge all 72 for lake use. The application was tabled in April 2001 by foe Planning Commisskm at applicant ’s request in order for him to satisfy identified neighborhood concerns regarding the mariiu. Those concerns have generally been satisfied. In approximately 2002 additional dry storage racks for boats undergoing service work were added along the west prop erty line wifoout permits or site plan approval. The owner is aware that this remains an issue for foe City and hu been advi^ to amend his open application to include foe review of these racks. Activities occurring on foe site vifoich require foe property owner ’s ongoing attention in order to reiruin in compliance wifo foe seven operation standards includb limiting storage ofboat trailers and other equipment to those areu noted on foe approved site plan. The applicant has done a substantial amount of landscaping work along North Shore Drive to make foe dry stack units less visible from the road, and has added a fence west of foe service building to screen it fiom foe adjacent residential properties. Staff recommends approval of a 200S license f«x Norfo Shore Marina. The license will be annotated to indicate foat use of all 72 dry-stack units for boats for lake use requires completion of foe CUP process, and that the additional dry stack units added in 2002 require site plan review and approval. E. Wayxata Marine - 3324 North Shore Drive W^zata Marine bqen operating at this site in2000, taking over fifom the former Lakeside Marina. The operation has historically included salesofboats, nMtors, trailers and marine accessories; boat rqrair and servicing; on-land winter/summer boat storage; and 77 in-water slips (70 rental). Past licensing has included 5 company-owned boats stored on land for lake use in addition to the 77 in water. While the marina requests continued licensing for fuel sales, fuel has not been sold fiom the site for the past S years since tiieold tanks were removed andnew ones have not yet been installed. A low-c^acity temporary fuel duqrenaing system for fueling company boats is in place and has been rqiptoved by the Fire Marshal . Staff recommends approval of a 2005 Commercial Marina License for Wayzata Marine. General Marina Issaes The marinas provide necessary services to tire Lake Mimietonka community, by providing a wide range of lake access opportunities, boat maintenance and repair services, and winter storage. While it can be argued tiiat boat sales(and perhaps even boat storage and manymatntBnance/repatractivitie8)are functions that don ’t strictly require a location on the water, one or more of these activities continue to be a sign! ficant part of the business at each of our marinas. It •-ir . - r 2(MS Marina Liccasing April 4,2Q0S Pages e; ■/ ^ . r V i Each Orono marina has site constraints that limit the level of reasonable site activity. A primary concern is adequate parking. Thieeofthefivemarinashavesignificantlyredevelopedinthelast IS years, resulting intheCity’sacceptanceofacertain level of improvements which support varying levels of commercial activity for each site. Noneofthe marinas have ever met the hardcover standards of the zoning code, but when redevelopment has been approved by the City, the amount ofhardcover tolerated at the marinas has always far surpassed the hardcover limits imposed on residential development. The marinas historically have generate only voy few complaints fiom the public or nearby landowners. Parking management on a day-to^y basis has been one of the City’s primary concerns with marinas duouc^ ttieyears, vrith the dual intent ofkeqring the level of site use commensurate with the site capacity so there is no burden on adjoining landowners nor on the public roadways; while maintaining site accessibilityfiMrgeneraluseandemergencypurposes. Ancillaryactivitiesthathaveoccurred occasionally indiepa8tat8omemarina8sucha8fishingcontests,chaiterboatactivity and various ‘special events* can create periods where the marinas might outstrip their capacity and negatively impact die neighborhood. In general, the marinas tend to be busiest during either end of the season when boats are either being dropped in or hauled out, and on fair-weather weekends throughout the summer. A perhaps secondary issue fin* die City has been the burden on the lake itself as boats have become larger and fittter, and the methods for providing lake access have become more iimovative (dry-stacking, boat chibs, etc.). However, in recent years the City has primarily focused on land-use issues and left the larger issue of lake use to the LMCD. Staff Recommendation Staff recommends qiproval of 2005 commercial marina licenses retroactive to January 1,2003 for North Shore Matirui East, Minnetonka Marine, Sailor's World, North Shore Marilu^ and WayzataMarine with iqrpropriate eonditions as noted above. COUNCIL ACTION REQUESTED: 1*1 (i Motion: Moved by ,, seconded by , to direct staff to issue commercial marina licenses to North Shore Marina East, Minnetonka Marine, Sailor's World, North Shore Marina, and Wayzata Marine with iqipropriate conditions as noted in the staff memo. Vote:___ayes,___nays. I.;- ^y". '..fe nttiig ■ ‘i tan rr'j .frr^A I 1: . •i, ■ i Cuitent Ownership/Operation Status of Orono Marinas - February, 2005 North Shore Marfaia Eut 1444 Shoreline Drive Wayzata, MN 55391 Marina Phone: 952-473-8249 Manager John Vogt ' Owner per Hennepin Co. Tax Records: R. A. Anderson Properties LLC 1442 Shoreline Drive Wayzata, MN 55391 Tax Parcels:11-117-23 22 11-117-23 22 11-117-23 22 17 (Unassigned) 16 (1444 Shoreline) 15 (1442 Shoreline) 11-117-23 22 0004 (1440 Shoreline) Wayzata Marlac dba Miuetoaka Marine 1449 Shoreline Drive Wayzata, MN 55391 Marina Phone: 952-473-8500 Manager David Briggs Owner per Hennepin Co. Tax Records: Genmar Industries, Inc. 2900 IDS Center 80 Eighth Street South Minneapolis, MN 55402 Tax Parcels: 11-117-23 21 0001(1449 Shoreline) Sailors World Marina & Boat Club 1955 Shoreline Drive ' (P.O. Box 176, Crystal Bay, MN 55323) Wayzata, MN 55391 952-475-3443 Manager: Gary DeSantis Owner per Hennepin Co. Tax Records: Gary DeSantis Sailors Worid Inc. 1955 Shoreline Drive Wayzata, MN 55391 Tax Parcels: 10-117-23 42 0024 (1955 Shoreline) North Shore Marina 3222 Nottii Shore Drive Wayzata. MN 55391 952-471-2628 Manager: Rich Anderson Owner par Hennepin Co. Tax Records: North Shore Marina, Inc. 3222 North Shore Drive Wayzata, MN 55391 Tax Parcels: 08-1 1 7-23 41 0004 (3224 NSD) 08-117-23 41 0005 (3240 NSD) 08-117-23 41 0006 (3250 NSD) Wayzata Marine 3324 North Shore Drive Wayzata, MN 55391 952-471-7000 Manager David Briggs Owner per Hennq)in Co. Tax Records: Maxwell Bay Properties LLC 3324 North Shore Drive Wayzata, MN 55391 Tax Parcels: 08-117-23 41 0012 (3324 NSD) 08-117-23 41 0021 ( “ ” ) 08-117-23 44 0005 ( “ ” ) •Jhih n . I < ‘ M 'Y / **’ ‘ ORONO MARINAS - BACKGROUND DATA - 2005 MariiMiNatne Wo. of Slim Cm Dock? Fuel Stotaae? Service/Reoair? North Short Marina Bast 1444 Shoreline Drive 118 • 4.500 sf Office/Sales/Shop 400 sf Gazebo No No • • Is Mtoaoioaka Marloc 1449 Shoreline Drive 114 I.ISOsf Offioe/Sales No No No 0 leSSShoioKno Drive 79 2.000 sf Office^les 200 s.f. Storafe Yes Xa No t North Shore Marina 3222 North Shore Drive 106 :.h 3.000 sf Shop 1.000 sf Office 500 sf Chib 500sfMisc. Iss Is Wajnata Marino 76 11.000 sf OffiodSales/Shop No*No*Is3324 North Sbofo Drivo * Still lieoMod for |h dock/fool stoni(e but hu not operated for 2 yean as tank was removed but not replaced. AllSOroooMiriiiasareaenredbyprivatewells;Citywateri8notavaild)le. WindwardMarinaistheonlyone of the S tiiat lutt a fin siqipicstion aprinkler syston. All S nuuiiUMprovideaiHnteoutnidestofagBofboats, primarily in the winter, when th^ an typically 'wall-to-wair withboats. North Shon Marina pnvides a 3-tier outside storage rack system. None oftheOrono Marinas provide inside stonge of boats. mm : ■ m •h: t ■ <* ■ ■ t License Year 200S CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Phooe 952-24M600 City Um Only Date application sent to Marina 2-2-OS Date application returned to City 3- to fC Pee Enclosed S'Zo^-OQ ANNUAL COMMERCIAL MARINA UCENSE APPLICATION - Pursuant to Orono Municipsl Code Section 94-96; Licensed Required. It is unlawiiil f<» any persons to engage or participatB in business use widiout first having obtained a license therefor from the City. nSASB COMPLETE ALL OEMS AND SUBMIT SIGNED APPUCAHON, REQUIRED ATTACHMENTS, AND UCENSE APPUCATTON FEB TO THE CITY CLERK BY MARCH 1. 2005. ■ ■ \ •Ml J ■'k-. Siila L BUSINESS nOOllMATlON I. BUSINESS OK TRADE NAME received MAR I 0 2005 Street Address CITY OF ORON 3 Mailing Address j Marina Phone 2. OWNERSHIP/OPERATION Office Phone Property Owner (if different than above) __________ Address Phone ^^2.^ 3. BUSINESS ORGANIZATION: (Check applicable item) ^2Jg2^. ^2^6 ____ individual ownership ____ partnership corporation Ust die name of each partner or corporate officer and their title: Name of the marina manager responsible for daily operation: List die minimum number of employees <m duty when the mariiu is open to the public during die boating season: ^ dock attendants i repair or service personnel \ odiers available for sales/public information, etc. List every short or long term business occupant of die property other than the Business noted above: mm Page 1 of S 1 4. PRINCIPAL BUSINESS ACTIVITY (Check all services ofTeied): cipal Ui in-water slip rental sales of boats/motorsArailers/ marine accessories boat repair and servicing on-land boat storage V winter a sununei marine fuel sales sale of bait and fishing tackle Accessory Uses __head pumpout CoDdHtonal Uses fCondHtonal Use Permit Is Required^ ____boat club ____public boat launching, on-demand ____public boat launching, transient charter boat port-of-call fishing tournament site sale of pre-packaged food dive shop clubhouse (for slip or boat club customers) lessons/teaching boat rental sailboard sales/rental iceboat sales/renlal ice fishing tackle sales cross-country ski sale/rental I ^ caretaker dwelling unit . Bi^INESS SCHEDULE (Check appropriate items): ^ open all year List proposed hours of ^ration: ____ open during boating season only dock access: ^ AM to PM retail sales & service; ^ AM to ^ PM _______Caretaker living on site? H- SI.IPS AND BOAT UWM i^ List the nuucimum number of boats in each category. Each slip, mooring or ofiier qtace actually used for storage or keeping of boats or watercraft must be indicated and numbered on dock and site plan submitted widi diis application. 7.BOATS STORED IN THE WATER (for lake use) a. At dock slips Totrl Boats in Water Company Owned Rental Rental Slips/ Other Boats Spacm Total Boats b. c. 'BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings __ Outside on Racks __ Outside - other means __ Total Boats Stored on Larxl for Lake Use 9. TOTAL BOATS FOR LAKE USE (Add 7 and 8)hi i Page 2 of 5 y. I w 10. OTHER BOATS ON PREMISES (SUMMER)Inside Buildiue Outside Building a.Transient boats (repair/service) b.New boats for sale (inventory)\0-sz c.Used boats for sale (inventory)\£L d.Other (list: ) Total 11. OTHER BOATS ON PREMISES (WINTER)Inside Buildine Outside Building a.Transient boats (repaic/service) b.Contract storage (customer's 1x>ats) c.Inventory (new & used boats)\Q-d.Odier (list: ) Total a-*15" m. OFF-STREET PARKING REOUIRE 12. [S SUMMER PARKING a. Retail aales/service customers 8 spaces minimum (-H per each 800 s.f. over 1,000 s.f.) Boatiiig customers 6 spaces per 10 boats for lake use [.6 x__(line 9)] Launching ramp customers (day use) 10 spaces minimum per ramp » Charter boat port-of-call b. 0. d. spaces spaces spaces e. 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] » Total spaces required (add a. b, c, St, d) ____spaces Total spaces available per attached parking plan ___ spaces f<? spaces 13. WINTER PARKING REQUIRED a. 0.20 X (line 12e)1ft spaces 14. CK CONSTRUCTION CHECK ALL THAT APPLY: ____ Permanent Pilings: ____ Wood Seasonal Concrete MetalDecking: x Wood Mutation Method (if used): Foam __ De-icing normally used Metal Other Other Barrels Other Page 3 of S ifcUitiri It LICENSE STANDARDS ADVISORY Businesses tequiied to be licensed under Section 94-96 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: A.Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B.Licenseholder. The primary business operator on the property shall be the licensdiolder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with tire provisions of the B-2 zoning district standards. C.Orreration Standards. Each business licensee shall adhere to the following minimum operation standards: Parldng facilities on the site shall be managed so as to eliminate traffic or parictng congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to acconunodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to tiiose locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license qrplication. Such site operation plan shall also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Busmess Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except diat when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. License Revocation. Failure to adhere to the above business use license standards shall be cause for license suqrension or revocation per the provisions of this chapter. Page 4 of 5 I ATTACHMENTS The following must accompeny this application; 1.CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps «ind tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2.CERTIFICATE OF LIABILITY INSURANCE COVERAGE for Uie duraUon of tlie license period. 3. Copy of your LMCD UCENSE APPUCATION. COMMERCIAL MARINA UCENSE APPUCATION FEE according to the current City fee schedule. Initial Application @ $300.00 Renewal Application @ $200.00 Late Fee (if not postmarked by March 1) $100.0 TOTAL DUE THIS APPLICATION $__________ $^IcC> REVIEW PROCEDU^ When a conqrlete application is received, the City Council will review the license application and will thereafter pass upon the qiplication per the licensing procedures of Chapter 94. Pursuant to Section 94-97 of the Orono Municipal Code, the undersigned applicant herebv requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City's designated employees or agents to enter upon the marina property at any reasonable time to perfojin safety and code compliaiKe inspections. Authorized Signatu Title Relationship to Owner ** ^ u*«Me . (WStiuL- Vma } Page 5 of 5 • .** • • • IMM: 'i-'-i. '/ V .nf ^'rW>' V (•s.-, . :‘ r‘, ‘ ,'*-r n./._ ^ 4. SIT6 PLA^ ■■’•’•• •■ •■•>.• •■ . \;' I—'^' ^2; • ..• . ^ *■ ‘ . . . •. . T. • • 9 * "••.•■••. . r' ••• ;•...’ ■ v*7 i- License Year 2005 '>11 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Phooe 952-249-4600 City Use Only Date application sent to Marina 2-2-05 i Date application returned to City Fee Enclosed SAOO'^^ Qy-y ANWAt COMMERCIAL MARINA UCENSE APPLICATION - Pursuant to Orono Municipal Code Section 94-96: Licensed Required. It is unlawAiI for any persons to engage or participate in business use witiiout first having obtained a license therefor from the City. O/f, KK4SB COMFLBTB ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQVIMED ATTACHMENTS, AND UCENSE APPUCATTON FEE TO THE CITY CLERK BY MARCH 1. TOPS. I. BUSINESS IfWxn /VVajn ^ia r-H^ Qhore^ D m ___________ Marina Phone VT;? Office Phone *9^ ^7^-9 2. OWNERSHIP/OPERAnON Property Owner (if different than above) fifilQflVlc Joclt>(sir(fcO A<Ww«» Th5 J fY|flf»nrrppl> 5 J IWA/ Phone 3. BUSINESS ORGANIZATION: (Chedc applicable item) - ■■ - mdividual ownetiihip ____ partnership V corporation List the name of each partner or corporate officer and their title.* X^tiiQ CT- 'Sriiy^’S ______________ Name of the marina manager responsible for daily operation: Qgjum CT _____________ List the minimum number of employees on duty when the marina is open to the public during the boating season: _dock attendants ________ rq>air or service personnel / ottiers available for salea/public information, etc. List every short or long •hove: A/pA/e^ business occupant of the property other than the Business noted Page 1 of 5 0/W i 4.PRINCIPAL BUSINESS ACTIYITY (Check all services offered): Pr^pclffpl Vffp Accessory Uses K in-water slip rental X head pumpout sales of boats/motora/trailers/fishing tournament site marine accessories sale of pre-packaged food boat repair and servicing dive shop X on-Iand boat storage clubhouse (for slip or winter summer boat club customers) noatine fuel sales lessons/teaching sale of bait and fishing tackle boat rental sailboard sales/rental Conditional Uses fConditionaf Use iceboat sales/rental Permit is Required)ice fishing tackle sales boat club cross-country ski sale/rental Dublic boat launching, on-demand public boat launching, transient • charter boat port-of-call caretaker dwelling unit 5.BUSINESS SCHEDULE (Check appropriate items): X open all year Lilt proposed hours of operatioa: open during boating season only dock access: i-H Hr. AM to PM retail sales & service: AM to PM 6.MARINA SECURITY is provided by:/Hinnptonkc. /VIor.W Caretaker living on site? fl. ST.fPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooting or odier space actually used for storage or keeping of boats or watercraft must be indicated and numbered on ^ dock and site plan submitted with this application. Company Owned Rental Rental Slips/ Other Boats Spaces Total Boats BOATS STORED JN THE WATER (for lake use) a. At dock slips Total Boats in Water Ml Lil BOATS STORED ON LAND FOR LAKE USE a. hnside Buildings __ b. Outside on Racks __ c. Outside • other means __ Total Boats Stored on Land for Lake Use TOTAL BOATS FOR LAKE USE (Add 7 and 8)1(1 V v,ijv. V • ..Page 2 of 5 wmr: 10.OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repair/service) b. New boats for sale (inventory) c. Used boats for sale (inventory) d. Other (list:_____ ) Total Inside Building Outside Building OTHER BOATS ON PREMISES (WINTER) a. Transient boats (repair/service) b. Contract storage (customer's boats) c. Inventory (new & used boats) d. Other (list_________________) Total Inside Building Outside Building b-ia IV^•SICi 14.CHECK ALL THAT APPLY: K Permanent __ Wood _ Wood Pilings: ____ Decking: X Flotation Medtod (if used): Seasonal Concrete _ Metol Foam ^ De-icing normally used Metal Other Other _ Barrels IIFt OFF-STREET PARKING REQUIREMENTS 12.SUMMER PARKING Retail sales/service customers 8 spaces minimum (+1 per each 800 s.f over 1,000 s.f.) »spaces b.Boating customers 6 spaces per 10 boats for lake use [.6 x Oine 9)] =67 spaces e.Launching ramp customers (day use) 10 spaces minimum per ramp spaces d Charter boat port-of-call 1 space per each 3 seats of gross charter boat capacity [gr^ carter capacity x 0.33] »spaces c.Total spaces tequir^ (add a. b. c. & d) spaces Total spaces available per attached parldng plan 71 spaces 13.WINTER PARKING REQUIRED A i Aa.0.20 X (line 12e)spaces Other astir (Jicotftl __________ Wi>OIM Page 3 of 5 ■ — . .V >v , ■ ■'» 1 '■ LICENSE STANDARDS ADVISORY Businesses tequired to be licensed under Section 94-96 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: B. C. y 'I . r-.” *5 Insurance Required. Each business shall provide certiHcation of liability insurance coverage for the duration of the license period. Licenseholder. The primaiy business operator on the property shall be the licensdiolov., and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standaids. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: Paridng facilities on the site shall be managed so as to eliminate traftic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 pjn. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasoruUy variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district otiier than B-2, except that when a business use is allowed by ordinance in another zonutg district, such use conducted in said district shall not be required to obtain a license. License Revocation. Failure to adhere to the above business use license standards shall be cause for Ucense suspension or revocation per die provisions of this chapter. Page 4 of S J ..I r! I ''1 5v ‘ -■ •3 '■.r 4 .1 V ATTA( The following must accompany this application: 1.CERTIFICATB OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina property and the audmrized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking qraces. 2.CERTIFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. 3. Copy of your LMCD UCENSE APPLICATION. 4. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 Renewal Application @ $200.00 $ '2.00 Late Fee (if not postmarked by March 1) $100.0 TOTAL DUE THIS APPLICATION $ 700 REVIEW PROCEDURE When a complete iqrplication is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 94. Pursuant to Section 94-97 of the Orono Municipal Code, the undersigned applicant hereby requests the Orono City Council to review this Mariiui License application, and agrees and autiiorizes the City of Orono and tfie City's designated enq;>loyees or agents to enter upon the marina property at any reasonable time to perform safety and code compliatKe inspections. Authorized Signature Title ReUtioiKhip to Owner Page 5 of 5 UjMAsusastsuiiitfakaaii Mmmm Kh..: m«P'!:SilS • V •' » »s*piliiliiisp^Ii9liii«iii« :S 'v;^:’■ ;r' I - •- :•= Ji. • • WBm Bm '■;. t;y;.^vv.-:- '^v:-'-:: .griV:,-.;..afe.3TS?ESiti ri •• ^'V •■' j [■ . • 4) a : •. EiMft B - Ue. No. 01/02 • 107 • •. •; ■ m *. EXHXBTTI x=A-6 HM*7 J- \ • - Domio occDUOui Tim • « • *• ___ • ** fHOWP CBWPIOUI TWg• - PNOmDMM DOmii DOCKS SMOLF. til «JPI I CMUMOFAIOaNO FIHFOKD FARMNi TOTAL F/UDONO MVAOO J VACO 71 VACO I r fli, I. ____J License Year 200S CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Phone 952>249-4600 City Uic Only Date application sent to Marina 2-2-OS Date application returned to City Fee Enclosed $ ^q O qo IVED MAR 0 4 2005 ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant loSil3(i(P|^ ORONO Municipal Code Section 94-96: Licensed Required. It is unlawful for any persons to engage or participate in business use without first having obtained a license therefor from the City. PLEASE COMPLETE ALL TTEkK AND SUBMIT SIGNED APPUCATION, EEQVIRED ATTACHMENTS, AND UCENSE APPUCATION FEE TO THE CITY CLERK BY MARCH I. 2005. L 1. 2. 3. BUSINESS INFORMATION BUSINESS OR TRADE NAME Street Address BADE NAME (^(X^iyOSS* - Mailing Address rO- (hK. Ma^ Phone Office Phone ^ PyfNBt (if different than above) OWNERSHIP/OPERA TION Property Address BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership S_____ one ’p>S~Z> D X"' List die name of-eg^ partner or coq 7 corporation rporate ofBcejt^d their title: s ccumd then ;er responsiDie tor .Uv^ys/ ibie for daily operation:lime of die marina List the minimum number of employees on duty when die marina is open to die public during the boating season: 0^- ^ dock attendants ^ ,^^^4epair or service personnel ^ odiers available for salea^ublic information, etc. List every short or long term business occupant of the property other than the Business noted above: '/a--; ■= <A 4 Imi^ 4. PRINCIPAL BUSINESS ACnVJTY (Check all services offered): iii^ater slip rental sales of boats/motors/tiailers/ marine accessories repair and servicing t storage winter __summer fiiel sales otMand'boat ly marine fiiel sale of bait and fishing tackle Acceswp»*<J8^ f^head pumpout ____ fishing tournament site ____ sale of pre-packaged food ____ dive shop ____ clubhouse (for slip or boat club customers) i/^ Jas^o^teaching Ijt hoiX rent CoadHkwal UsertCoadItional Use kt club public boat launching, on-demand public boat launching, transient charter boat port-of-call caretaker dwelling unit boat rental sailboard sales/rental iceboat sales/rental ice fishing tackle sales cross-country ski sale/rental 5. B\ 6. SCHEDULE (Check appropriate items): open all year List propoicd hours of opcn^o: p i AM to ^ y PM AM to Jr PM open during boating season only dock access: retail^sa^^ servira:retaiM^^^ serviw y - am to ^ ^ ri MARINA SECURITY U provided by: Caretaker living on site? If. SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Owned Rental Rental Slips/ CMhcr Boats Spaces Total Boats 7.BOATS STORED IN THE WATER (for lake use) a. At dock slips Total Boats in Water L _S_7? i 8.BOATS STORED ON LAND FOR LAKE U a. Inside Buildings b. Outside on Racks Outside - odier means Total Boats Stored on Land for Lake Use c. 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8)0-7 Page 2 of S am I ! \ t- 10.OTHER BOATS ON PREMISES (SUMMER) Transient boats (repair/service) New boats for sale (inventory) Used boats for sale (inventory) Other _____!_____ ) Total Inside Building Outside Building a. b. c. d. 3^ 11.OTHER BOATS ON PREMISES (WINTER) Transient boats (repair/service) Contract storage (customer's boats) Inventory (new & used boats) Other Oist:___________ ) ToUl Inside Building Outside Building a. b. c. d. DL ___CONSTRUCTION c Pilings :j^i 'iunn: K ALL THAT APPLY: Pennanent __ ^ Wood Seasonal Decking: N. Wood Flotation Metfmd (if used): r Concrete ^ Metal De-icing normally used Metal Other___ Other Foam Barrels Odier Page 3 of S UL.OFF-STREET PARKING REOUIREMENIS 12.SUMMER PARKING i.Retail sales/service customers ^ spaces8 spaces minimum (+1 per each 800 s.f. over 1,000 s.f.) = b.Boating customers spaces6 spaces per 10 boats for lake use [.6 x Oine 9)] c.Launching ramp customers (day use)----- 10 spaces minimum per ramp -spaces d Charter boat port-of-call 1 space per each 3 seats of gross chatter boat capacity [gross charter capacity x 0.33] =spaces e.Total spaces tequir^ (add a, b, c, & d) spaces Total spaces avi^ble per attached parking plan ^ ^spaces 13.WINTER PARKING REQUIRED o 0.20 X (line 12e)X spaces A I LICENSE STANDARDS ADVISORY Businesses required to be licensed under Section 94*96 shall be subject to the requirements and performance standards of the B*2 2U>ning District and per the following business use license standards: linnintnce Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B.Licenaeholder. The primary business operator on the property shall be the licenseholder, and shall be lesponsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B*2 zoning district standards. C.Qneration Standardn. Each business licensee shall adhere to the following minimum operation standards: Parking focilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic ditough neighboring property. 2)Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, v^ch plan shall be submitted or updated as part of the aimual license application. Such site operation plan shall also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except diat when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. License Revocatioit Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. Page 4 of 5 AVI fill tf iiiifm \ ‘ V > i n ATTA( The following must accompany this application: 1.CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina piopeity and the authori2xd dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter pa^ng spaces. 2.CERTIFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. 3. 4. Copy of your LMCD LICENSE APPLICA.TION. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 Renewal Application @ $200.00 Late Fee (if not postmarked by March 1) $100 TOTAL DUB THIS APPLICATION 2^^ REVIEW PROCEDURE When a complete application is received, tf>e City Council will review the license application and will thereafter paaa upon die application per the licensing procedures of Chapter 94. Pursuant to Section 94-97 Orono City Council to Orono and the City's reasonable time to pe ^pde, the undersigned applicant hereby requests the ippliution, and agrees and authorizes the City of ir ^gent^to enter upon the marina property at any liailc/ insi Tide Authorized S Relationship Page 5 of 5 y . ^ ;y. ■_ ...^.; .;•; ;'^ -y -v,- ? y'_ y ;y- wmmM ..V. ,•\r ■ i"* EikibttB- Lie. No. :SNs»^ B.A'^ kia R iiJA i»e?. '■ /'“•”■r:7;r««.W'-wp 4 • • -••■■riA--/-.-f—aw-s^- / ,. I i A»o «8»frsiun»MS/0AS /Nip y Snieer Bi m. 'rm 1'^m m Am License Year 2005 Llr^.i.VVj CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Pkone 952-249-4600 City Uk Only Date application sent to Marina 2-2-05 Date application returned to City *^ -<o-f/r Fee Enclosed S ?QO tx ANNUAL COMMERCIAL MARINA LICENSE APPUCATION - Pursuant to Orono Municipal Code Section 94-96; Licensed Required. It is unlawful for any persons to engage or participate in business use without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQUIRED ATTACHMENTS, AND UCENSB APPUCATION FEB TO THE CITY CLERK BY MARCH /. 2005. RECEIVED 1. BUSINESS INFORMATION ^ 1. BUSINESS OR TRADE NAME Street Address K) _________ Mailing Address __________ 4S1 ] MAR 1 0 20 )5 CITY OF ORONO Marina PhoneOffice Phone 2. OWNEASHIP/OPERATION Property Owner (if different than above) Address Phone 3. BUSINESS ORGANIZATION: (Check applicable item) ^ ____ individual ownership ____ partnership corporation LjB the name of each partner or corporate officer and their title: Name of die marina manager responsible for operation; _________________________________________________________ List the minimum number of employees on duty when the marina is open to the public during the boating season: dock attendants “2^ repair or service personnel otiiers available for sales/public information, etc. List every short or long term busigMS occupant of the property otiier than the Business noted sbove:\K\|k^AP ^ PJL\^ClgvA^^^___________________ Page 1 of S ■ r; I n il 4. PRISaPAL BUSINESS ACTIVITY (Check all services offered): £llrriadpal Usci y in-water slip rental y sales of boats/motors/trailers/ marine accessories A boat repair and servicing >( on-land boat storage - ^ winter ^ summer y marine fuel sales ____ sale of bait and fishing tackle A^essorv Uses ^ ’ head pumpout fishing tournament site "X sale of pre-packaged food dive shop clubhouse (for slip or boat club customers) lessons/teaching boat rental sailboard sales/rental Conditfonal Uses fCondItloaai Use Penult Is Required^ ____boat club ____public boat launching, on-demand ____public boat launching, transient ____charter boat port-of-call ____caretaker dwelling unit iceboat sales/rental ice fishing tackle sales cross-country ski sale/rental 5.^JSINESS SCHEDULE (Check appropriate items): y open all year List proposed hours of oggration: open during boating season only iMration: dock access: o AM to PM retail sales & service: P AM to ^ PM 6. MARINA SECURITY is provided by: Caretaker living on site?***'^^LA V V II. SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on die dock and site plan submitted with this application. Company Rental Rental Silos/ Other Owned Boats Spaca Total Boats 7.BOATS STORED IN THE WATER (for lake use) Total Boats in Water I 5 s.BOATS STORED ON LAND FOR LAKE USE a. Iiuide Buildinos b.Outside on Racks ^ c.Outside - odier means Total Boats Stored on Land for Lake Use 9.TOTAL BOATS FOR UKE USE (Add 7 and 8)Isa Page 2 of S . rr' t ■ 10.OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repair/service) b. New boats for sale (inventory) c. d. Total Inside Building Outside Buildini^ AVI <Kiiv ^liiTviiivijry Used boats for sale (invcp^ry) Other ) 2Xg_ 11.OTHER BOATS ON PREMISES (WINTER) a. Transient boats (repair/service) Contract storage (customer's boats) Inventory (new & used boats) Other (list-_________________) Total Inside Bcildine Outside Buildi.ie b. c. d. m. OPF-STRBrr PARKING RBOUIREMENTS 12. b. SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (+1 per each 800 s.f. over 1,000 s.f) Beating customers 6 spaces per 10 boats for lake use [.6 x__(line 9)] “ Launching ramp customers (day use) 10 spaces minimum per ramp Charter boat poit-of-call 9 spaces C. d. spaces spaces 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] = Total spaces required (add a, b, c, ft d) ____spaces Total spaces available per attached parking plan spaces spaces 13.WINTER PARKING REQUIRED a. 0.20 X (line 12e)Zo spaces ■ . *•>. Page 3 of S I 1 CL 14. DOCK CONSTRUCTION q^CK ALL THAT APPLY: Permanent Seasonal ^ De-icine normally used Pilinss: ^ Wood Concrete Metal Other DeckinR: A Wood ^Metal Other Flotation Method (if uaed):Foam Barrels Other -------- . »* LICENSE STANDARDS ADVISORY Businesses required to be licensed under Section 94-96 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards; Insurance Required. Each business shall provide certifleation of liability insurance coverage for the duration of the licens'^ period. B.Licenseholder. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. C.Operation Standards. Each business licensee shall adhere to the following minimum operation standards: Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-stieet parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.ra. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kept neat and orderly, and firee of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. 7) Lights shall be shielded from the road, the lake, and adjacent properties. Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any racing district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. Liceiise Revocation. Failure to adhere to the above business use license standards shall bo cause for license suspension or revocation per the provisions of this chapter. Page 4 of 5 r i ATTA( The following trust accompany this application: 1.CERTinCATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the cunent ^tplication. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2.CERTMCATE OF LIABIUTY INSURANCE COVERAGE for the duraUon of the license period. 3. Copy of your LMCD UCENSE APPUCATION. 4.COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 Renewal Application @ $200.00 Late Fee (if not postmarked by March 1) $100.0 TOTAL DUB THIS APPLICATION $ 2cO REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 94. Pursuant to Section 94-97 of the Orono Municipal Code, die undersigned applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City's designated employees or agents to enter upon the marina property at any reasonable time to perform safety and code^^mpliance inspections. Authorized Signature Title Date l/i Relationship to Owner CwA, Page 5 of 5 ■ 4 f ii, I r ‘ '' ••**’* i* '• •• I • *^ ' • %••*, it K - ■'. • ' - «-i'll *<•1 :' At , » 3*nneK UAsj^ V r' //4ftnccW./c« (I-IS , . . #a-------,C§» 1 ■■■■ ©'■■ ” V ss'iL '■ •• • •• • TfififlMG/tlfiAbCOMefL PtMi /"s 5o' p|,eKlfO& 5 *1•I ('AWrisb /Teo»v^ e?(f{ifiiTs Uiet> /A) M<'crt Ameoveis rea'- <^**®*- *^/62.a foe. 3«rAt/lc£ «u|i-b/wc, StTiMcfc 4; VM^A a Kbs^ w » 9ar O f? ? j ■I i]i! a :l [' ■ »'f .:7S^‘•s ■%'- ■•■ .:-: V '., 1^' ■ ,:. ■>•. ^JLL li'"./ a L-. -■ Jia.. i. i*-i_j.- • •••• ... *.v: • wv...y-«-> cir • -.■; • ••' •';’•• “• ''•.V i •*'■• ••*•••* • •• ' V *trw ,.cr f “^V''• • ®,‘<'' 'i /^V®M 44* . ' gf’,.-' •• V • V; <j* '• I t_i I f t t I 11 11-1 t t-i t • • ’h-yJdi vV^Ji ui^LJj jL ) 1 )’.7i Jj- # ••• • • • • PtM^ /"• so* . U(«& /Ai MML^JUPfL.-p‘%V%, MticM UMA fk«. tuii^/MC ArtSAc^e. 4 iMmiuK VA h <%aic *«^ « • • MW • • • • • .' *c r;L. ^ ............. „ • ■"•;—m. ^•< • ]j T* ... ... -%..... ;,v.j LtmU “**’ — . • ‘ . *.•• •• ‘ . *. '* -r>K • * *•’ . . . ■■■■:'■ exhibit B- Lie. No. Z^AWWA Non^ ------:r^- ...:^~i I/.v *. V • - .(Ai/iMjcnc-w _— m_ ^pc r">tiFrr*^~^ — D--3Q iSl •. -M* ' <rrtriir; Mitwiri iViwf .._S1±-—■ .*. ------------------: »•• ♦ • ^ Sto^A^ I i; Si y ■i r>* ■t 1 .•I '.I License Year 2005 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Phone 952-249-4600 City Ufc Only Date application sent to Mariria 2-2-05 Date application letumed to City Fee Enclosed S i2(X)t C/^,_ ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Puisuant to Orono Municipal Code Section 94-96: Licensed Required. It is unlawful for any persons to engage or participate in business use without first having obtained a license dierefor from the City. Op FLBASB COUnSTE ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQUIRED ATTACHMENTS, AND UCENSE APPUCATION FEE TO THE CITY CLERK BY MARCH L 2005. L BUSINESS INFORMATION 1. BUSINESS OR TRADE NAME ifVWS IUg> Street Address Mailing A( Marina Phone 2. OWNERSHIP/OPERATION Office Phone Property Owner (if different than above) ATIciYAaEJ/ Address ^Sal^7/^3^0 3. BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership X ' corporation List die name of each partner or corporate officer and their title: ZWiip J:gri ‘^3___________________________________ Name of the marina manager responsible for daily operation: ^oqjjcf CT List the twinimum number of employees on duty when the marina is open to the public during the boating season: / dock attendants ^ repair or service personnel //• others available for sales/public information, etc. List every short or long term business occupant of the property other than the Business noted above: ^___________________________________________ Page 1 of S rV: ^. ■ 4. PRJNaPAL BUSINESS ACTIVITY (Check all services offered): Mill'll*>al Uica in'Water slip rental sales of boats/motois/trailers/ marine accessories boat repair and servicing on-land boat storage )C winter V summer marine Aiel sales sale of bait and fishing tackle Accessory Uses X* head pumpout ____ fishing tournament site )Y' sale of pre-packaged food ____ dive shop ____ clubhouse (for slip or boat club customers) ____ lessons/teaching ____ boat rental sailboard sales/rental Conditional Uses fCondItional Use Permh U Required^ ____boat club ____public boat launching, on-demand ____public boat launching, transient ___charter boat port-of-call ____caretaker dwelling unit iceboat sales/rental ice fishing tackle sales cross-country ski sale/rental 5. BUi^l^INESS SCHEDULE (Check appropriate items): ^ open all year List proposed hours of operation: dock access: AM PM retail sales & service: AM to ^ PM (^)en all year in during boating season only 6. MARINA SECURITY \i hy. aSi/y//ixc.^osJ Caretaker living on site? ^____________________ n. SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or ofiier space actually used for storage or keeping of boats or watercraft must be indicated and numbered on ^ dock and site plan submitted with this application. Company Rental Rental Slips/ Other Owned Boats Spaces Totai Boats 7.BOATS STORED IN THE WATER (for lake use) a. At dock slips Total Boats in Water 8.BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings __ b. c. Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use ______ p7 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8) Page 2 of 5 j r . ' fl- [•1 ■ T ■; ‘n . r [:: m 10.OTHER BOATS ON PREMISES (SUMMER)Inside Buildinu Outside Building a.Transient boats (repair/service)-/a b.New boats for sale (inventory)<^C> c.Used boats for sale (inventory)-51. d.Other (list: ) Total 11.OTHER BOATS ON PREMISES (WINTER)Inside Building Outside Building a.Transient boats (repair/service)X£:> b.Contract storage (customer's Ixratc) c.Inventory (new & used boats) d.Other (list: ) Total HL_OFF-STRELT PARKING REQUIREMENTS 12.SUMMER PARKING a.Retail sales/service customers 8 spaces minimum (-M per each 800 s.f over 1,000 s.f.) =spaces b.Boating customers 6 spacM per 10 boats for lake use [.6 (line 9)] =spaces c.Launching ramp customers (day use)^ ' 10 spaces minimum per ramp -spaces d.Charter boat port-of-call 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] »7^ spaces e.Total spaces requir^ (add a, b, c, & d)spaces Total spaces available per attached paridng plan 7^ spaces 13.WINTER PARKING REQUIRED spacesdu0.20 X Cine 12e) IV. DOCK CONSTRUCTION 14.CHECK ALL THAT APPLY: X Pennanent __ Pilinga: V Wood _ Decking: ^ Wood Flotation Method (if used): Seasonal Concrete __ Metal Foam De-icing nonnally used X Metal ____ Other___ Other Barrels Other s " ■ • if Page 3 of 5 J UCENSE STANDARDS ADVISORY * ■ * Businesses lequired to be licensed under Section 94-96 shall be subject to the requirements and performance standards the B-2 Zoning District and per the following business use license standards: A.Insurance Requited. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. •v- Licenseholder. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: Parking facilities on the site shall be matuiged so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic dirough neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited tq the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Paridng and on-land storage of boats, trailers, materi.ils and equipment shall be limited to those locations shown :.n an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan s^ll also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Runingim Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. Licenae Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. Page 4 of S rinfitnu-iiTi- --riirrrttrMii'il a ATTACHMENTS The following must accompany this application: 1.CERTIFICATE OF SURVEY/SITE PLAN/PARKJNG PLAN indicating the boundaries of the marina p opeity and the authoruud dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate ^e locations of winter storage and required winter parking spaces. CERTIFICATE OF LIABILITY INSURANCE COVERAGE for Uic duration of the license period. Copy of your LMCD LICENSE APPLICATION. 4. COMMERCIAL MARINA UCENSE APPLICATION FEE according to current City fee schedule. Initial Application @ $300.00 Renewal Application @ $200.00 Late Fee (if not postnurked by March 1) $100.0 TOTAL DUE THIS APPUCATION REVIEW PROCEDUF. 2 When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 94. Pursuant to Section 94-97 of the Orono Municipal Code, the undersigned applicant hereby requests the Onmo City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City's designated employees or agents to enter upon the marina property at any reasonable time to perform safely and code compliance inspections. Audiorized Signature _j_ TiUc Relationship to Owner M >< Page 5 of S 111 I HiAanan // ..............SIT£ Ot*«flrT7fl/V3 n.oo <A 'A-Jli . 'f: ■:^7T if*!!') •.-•v-il > ./;»*> iAfi-. t •. »: .,.^/r \ • ExkibHB- Lte.N*. 01/02-lOS ;3 ,v 1. 's«is-.r»(i \maxwell bat S MARINA V ‘v^ '*v • /n \ \ X- ^ X \ ^ SHOWROOM a ;::vJx-x-Nr ^ . SHOP'-,. '. ■••-.; X • * * V •• s *W •* X CK«c«rri M. 20.1 6.2:^?? V7 I!»t -------- o»i pcroHel 4* <BC_ mm ~v *Y ^**e«o r Mfci•OiCi \ \ * I ’-v ------- V.'-;- •.••••■ • a Ht-n-s.— ? S€^;/' >ytfiirrio fi'iToi ftpBi ' ■ J. /• / - \ ' V•c:: ^ ‘- . * .,11-^ c.*'* A^:ll*OfOO‘ I .-.,^;s- 52.77— 220. g+ N2*OB'00"E— *0.70 433.47 M2*08'00"E----- '^rtTT-AT^a«*fart*f irvu^c*^ T^J s/fowj jt>U^ ^ ^ * wiorW n^o I - IIL20 _ PR oPMS^ t?/j!«vs S4/«®.y //»«V .'gGS»^ t * #. •* «•#0* A 1% V*?" ■* Hrt ■ '■ Exhibit C - Lie. No. 01/02 • 105^ fiV Vr*ii4sv ^ *-3 T .«£«a5*»*5 VV*i!ii.t\ po ■■ ' ■ ■ ■" -//J ■:.A.i-"* 'v\ij|\- st.ir- —-------- — 220.84- N2*0i'00’E—*rT9 — 433. t7 W2*08'00’E---- B3i |wSfe;:3l?.A\>*li- % -W>J »f«MrVi* */!«.„ jt»u.* -r ^ • w,mM ■* /Jcrt>4<. 8 o-4t3 ^Ai .Tfr^ S ~Z^ ’9Z— /5'6 tOTAC /"*3o i' REQUEST FOR COUNCIL ACTION DATE: April 1 1,200?'^)-^^ ITEM NO.a ‘‘U Department Approval: Nam Gregory A. Gappa Title Director of Public Services Aoministrator Reviewed: Agenda Section: Public Services Director ’s Report Item Description: Spates Avenue Lift Station Number 22 Valves Improvement Project TTie Spates Avenue lift station is located at the County Road 15 and Spates Avenue inters© ’m. This lift station was constructed in 1982 as part of the Crystal Bay neighborhood sewer p jject and discharges into the MCES interceptor sewer located in County Road IS. The shutoff va. ve to isolate this lift station, from the MCES interceptor sewer, is located in County Road IS 'vhich makes it difficult to access the valve because of the heavy traffic in the county road. This shutoff valve needs to be closed when work is completed on the lift station. This project is to add a new shutoff valve next to the lift station to allow for lift station woric without the necessity to access the shutoff valve in the county road. Several years ago, an emergency repair project to replace a broken forcemain had to be completed at the lift station on County Road 1 S at the Windward Marina. This station also had the shutoff valve located in the county road similar to the Spates Avenue lift station. Replacement of the forcemain required dewatering the site because of the high water table adjacent to the lake. To take full advantage of the site dewatering a new shutoff valve was installed for this station and new stainless steel bolts were installed on the shutoff valve in County Road IS as the existing bolts were severely corroded. This project required the closing of County Road 1 5 and was completed at night when there was less traftic. Based on past experience from the Windward Marina lift station project, we are recommending that the Spates Avenue lift station project, in addition to the installation of a new shutoff valve also include the installation of a new forcemain pipe and stainless steel bolts on the shutoff valve in County Road 1 5. The site needs to be dewatered to install the new shutoff valve, so to take advantage of the dewatering; the work in County Road 1 5 should also be completed at the same time. This project will require the closing of County Road IS and will need to be completed at night. Completion the additional work in the county road will reduce the potential for future emergency failures which would be problematic based on the heavy traffic, the high flow in the MCES interceptor sewer, and the high water table adjacent to Lake Minnetonka. We have obtained quotations for this project and are recommending acceptance of the quotations from Valley Rich Con pany and Northern Dewatering. These are the same companies that worked on the Windward Manna lift station project which was successfully completed in timely manner and allowed for the reopening of the county road before the morning rush hour period. COUNCIL ACTION REQUESTED: Motion to accept quotation from Valley Rich Company Inc., Chaska Minnesota in the amount of $6,200 for the Spates Avenue Lift Station Number 22, Valves Improvement Project to be funded fremo the 2005 Server Fund Capital Outlay Budget with approval of a budget adjustment to reflect this expenditur Motimi to accept quotation fiom Northern Devratering Inc., Rogers Minnesota in the amount of $11,551 for the Spates Avenue Lift Station Number 22, Valves Improvement Project to be funded fitMn the 2005 Sewer Fund Capital Outlay Budget with approval of a budget adjustment to reflect this expenditure. ;; ' V: .^1 ' i r* V" .. -■ :^iy^ |*if >;» m i W t if ' ■ ^'A'»ym ••^rrriMG DATE: April 8,200$ ITEM NO: REQUEST FOR COUNCIL ACTION APR \ 1 2005 CITY OF ORONO Agenda Section: City Administrator’s Report _________________________________________________________ ____________________________________________________________________________ Item DcMription Appointment of Gpn Conne Seasonal Employees Department Approval: Naaw Ronald J. Moorse Tttk City Administrator Administrator Reviewed: % Council iq[>piovat of seasonal employees for the Golf Course is required. We are proposing a pay range of $8.10 to $8.85 per hour for this season. New employees earn $8.10 per hour for the first year. Returning employees earn more each year until the maximum rate is reached in four years. The proposed wage rates are an increase of 3.0% over the 2004 season hourly rates. Seasonal employees are hired under two different provisions of the PERA rules. The majorit>' of the employees vrill be hired under the 6>month rule which allows unlimited earnings for a 6- month maximum time period. The starting dates for these employees are staggered to allow for sufficient staffing throughout the entire season. The remainder of the employees work fewer hours and will be hired under the PERA maximum earnings provision which limits earnings to $425 per month without any restrictions on the number of months worked. These employees are noted in the list below as “Maximum Earnings Limit’s. LIST OF SEASONAL GOLF COURSE EMPLOYEES Eranlevee 200$ Hourly Wage Rate Dan Oas $8.85 Gary Peickert $8.63 John Stork $8.63 Bill McIntyre $8.63 John Ross Maximum Earnings Limit $8.63 Fred Abrahamson Maximum Earnings Limit $8.63 Marshall Hambro Maximum Earnings Limit $8.63 Rodney Jensen $8.63 Katie Smyth $8.63 Michael Polley $8.50 COUNCIL AC-nON REQUESTED: Motion to q>prove a seasonal employee pay range of $8.10 to $8.85 per hour for the 2005 Motion to hilt the seasonal employees listed at the proposed wage rates and under the tq)plicabie provisions of the PERA rules. A •crTtUG r n‘ DATE: April 8,2005 ITEM NO: REQUEST FOR COUNCIL ACTION hvr " Qf Dcpartnrat Approval: Naac Ronald i. Moorae TMk City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description Expendltnrc for Air Cii^fulation Improvements for the Long Lake Fire Station Attached is an invoice from City View Electric in the amount of $3,155. City View was hired to install eight industrial ceiling fims in the Long lake Fire Station for the purpose of improving air circulation in the apparatus bay area to increase the efficiency of the heating system and lower utility costs. It is leconunend^ that this expenditure be approved for payment from the Joint Long Lake/Orono Fire Station Construction Fund. n •COUNCIL ACTION REQUESTED i Motion to approve the payment to City View Electric in the amount of $3,155.00, and to fund this expenditure from the Joint Fire Station Construction Fund. bV ■ • . X*f.y .Vwmm rmSfM rn. . mj ki CUST •: 18916 It CITY VIEW ML® L> ELECTRIC, INC. li V/ir'-’ H -660-9496 FMX: 661-660-0005 t • • ! ‘•f MAR 2 9 2005 14792 LONG LAKE FIRE DEPT. 340 NILLON DRIVE LONG LAKE I .. DATE: 3/28/05 MN 55356 -PROJECT: LONG LAKE FIRE DEP LONG LAKE YOUR POI: i=0 %lo3t V. TERMS: UPON RECEIPT ESTIMATOR: GALEN STICKFORT NIRING AS PER CONTRACT 2285.00 ALTERNATE 12 ACCEPTED 190.00 CHANGE ORDER II ENCLOSED < ^‘ ^ 1 ' ■ '»‘r^ 600.00 J ’'•r R ‘ m. . X ,’jU ’ *•, •VV fe-v '• F {:. - x'> »' V i- ■• •' • *. V T^'Tt . IV#;'-.^ v::' ■ xyV*-; F >\ • . . 'jV • f. ■», . ‘ '. ■ rvv;:'?;>*V' Vii'Vtl '.I . -r . ■ •• *• * ' ■■■ .' •■J.' ;. ■' . ■•V*^'^. n-i -■ •;U .. >. ' Yf- ’Kr^ ■ » • -4* ■. ' /; 1^4:TOTAL DUE 3155.00 ■CUSTOMER I 1 i; [ ) • • ADDITIONAL WORK AUTHORIZATION CITY VnW ELECIVJC, WC. ii4f tMOtat inwM NmHi Sl.rHl.MtaMMM89l«l VAX(Ml>CSf4NS S40«MmvOiI«* cmr ijQXtHuNlUGBrK 93MaM»M JOB HAMS 340 WOtow DfKv DATSnamm jobnu MibE' II9W STATB MM U worn ABOVX bo 9390^^^ go 2£ ANiMM ■Ijiart niitfirr mIw> itlimlnwl 'O' (0<w«H^Hm) Mdw Hm) THIS 18 CHANGE ORDIR NUMBER: 1 Nam- ........... inniMS—rtniy (Long Late Fire Oepwtmanl 340 Wlow Drive p.o.Bweoe Long Lake, MN 553S6 TELEPHONE Office 9S2-473-9701 Fax 952-473-1710 PURCHASE REQUISITION FORM ■vendor ly 1 £ltc.lV»c VENDOR PHONI VENDOR CONn 1 9 1 VENDOR ADDRESS ICT ICITY STATE ZIP 1 DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 T ceiL.’^ r:Ar^y :x^?5 — !9o — TAAvw/aK/e C (rc^K^r JL ico —1 1 ACCOUNT# /O / Yo TOTAL , o'C> SIGNATURES 1REQUI8ITIONER fANDTITLEl! 3/55 -££_ 1_____ . Fine CHKF7A8ST. FIRE CMEP: (AFFR0¥AL REQUneO ON AU PURCHASES)QT^ROVEO □ NOT APPROVED CITY AOMMISTAATOR (ADMINISTRATOR APPROVAL REQUIRED ON PURCHASES OVER $500)□ APPROVED □ NOT APPROVED REQUEST FOR COUNCIL ACTION ••CCTMVIQ APR 1 1 2005 Department Approval: Name Lin Vee Title City Clerk i Administrator Reviewed: DATE: April OH ITEM NO: | ^ Agenda Section: Licenses m Item Description: List of Licenses fo^ouncil Approval SPECIAL EVENT PERMIT 1. Applicant: Gear West Event: Location: Date: Time: Run/Bike/Run Orono School Grounds and Surrounding Area Sunday, May 22,2005 8:30 a.m. - 11:00 a.m. COUNCIL ACTION REQUESTED: Motion to qiprove/deny the above listed licenses. r V' ‘ •V Vr- • . i CITY OF ORONO SPECIAL EVENT PERMIT Dale luucd: Date of Event: Time: April 11,2005 May 22.2005 8:30 a.m. -11:00 am Name of Pcrson(s) And/or Organization Sponsoring this Event: Jan Guenther Phone: Gear West i786 West Wayzata Boulevard Long Lake, MN 55356 952-473-0093 A?. Type of Event: Run/Bike/Run Location of Event: Orono School Grounds & Surrounding Areas The followinf documents are required and on file at the City Administrative Offlees: • Certificate of General Liability Insurance • Route of Race Event • Approval from Orono Police Department The followinf conditions have been placed on this event: • Notification and/or approval of event must be made to the Orono Schools, City of Medina and Hennepin County Department of Transportation. • Event organizer to provide traffic control personnel at the following intersections: - County Road 6 and Old Crystal Bay Road at start of the race and on return of racers - Old Crystal Bay Road and Kelley Parkway - County Road 6 and County Road 201 — County Road 6 and Hunter Drive • All traffic control personnel should be provided with a traffic control vest. • Participants to run against traffic, and bike with traffic. • Signs from Warning Lights or equivalent, warning of "lieavy pedestrian traffic ahead - next 4 miles* or whatever is commercially available (signs to be placed for eastbound traffic at County Road 6 and Jamestown Road and for westbound traffic at County Road 6 and Hollander Road). • By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and private persons granted authority to operate under the special event pennit, agrees to indemnify and hold liarmless the City of Orono from all claims arising from said event, lire permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of privileges granted by lliis permit and agrees to hold harmless the City of Orono, its employees and officers from any such claim. • The Orono Police Department and its officers arc empowered to revoke this special event permit at any time for any safety concerns tliat arc not immediately resolved by the permit holder or a representative of the pcmiit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit Approved at City Council meeting on: April 11,2005 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 9S2-249-46G0 / Fax: 952-249-4616 / www.ci.orono.mn.ua A CITY OF ORONO *Check Detail Register© 04/0a/05 12:25 PM Pagel rr' APRIL 2006 \\ <0i /(p q NO 10100 PrimoiyCMh fttdCMtf 000599 «4Q00S EOIMAREALTY E 10M3290-600 Spedel Pro|ects. Contingency Total EDINA REALTY 150.000.00 4/1/05 Earnest Money - Vets Camp $50,000.00 PeldChki 000601 4/73005 UNITED STATES POSTAL SERVICE E 101-41000-322 Postage $541.52 4/8/05 Postage • Newsletter Total UNITED STATES POSTAL SERVCE $541.52 PaldCNdP 000602 43/2005 UNITED STATES POSTAL SERVICE ESS1-40010-322 Postage $199.91 1stQtr2005 Postage-1stOtrUB E 601-49400-322 Postage E 602-49450-322 Postage Total UNITED STATES POSTAL SERVCE $79.96 1st Qtr 2005 $199.91 1st Qtr 2005 $479.78 Postage - 1st Qtr UB Postage - 1st Qtr UB PaBaiki 060603 4/11/2 ACCURINT E 101-42110-311 Data Prooeseing Communication Tota. ACCURINT $30.00 1297291 $30.00 March 2005 PaMChki 060604 4/11/2005 ACE HARDWARE E101-43000-221 Equipment Parts A Axessortes Total ACE HARDWARE $88.64 502634 Supplies - Wash Bay $88.64 PaWChki •ViViT.4/113006 ADT SECURITY SYSTEMS E 613-49930403 RepairsAyiaint-MIsc. Equip E 61349630403 RepalraAlalnt-MIsc. Equip Total ADT SECURITY SYSTEMS $471.93 914nS81 $502.64 91477582 2004 Security Service - GC 2004 Security Service - GC $974.57 PaidChkS oMAo 4/11^lALLTECH E101-42260401 RepaMMaint-Oflloe Equip Total ALL TECH $65.00 2552 Reset Fire Panel $65.00 Paid Chkf oUlidf 4/11/i90S ANCHOR SANK- WIRE ONLY Oiri-22520 Certificate of Indebtadness E 22745500413 Short-Term Debt Interest E *.0142110-489 Other Miscellaneous Charges 0227-22520 CertNIcata of Indebtedness Total ANCHOR BANK-WIRE ONLY $83,000.00 43/05 $937.50 43/05 $622.50 43/05 $125,000.00 43/05 2004 Equip Cert Principal 2004 Equ^ Cert Interest 2004 Equip Cert Interest 2004 Equip Cert Principal $209,560.00 ^akTChki 080606 4/T1/200S ANCHOR PAPER E 10141900-201 Office supplies Total ANCHOR PAPER $618 55 158181101 Paper $618.55 -m m 4/1T/2005 ANDERSON. KRISTI E 10141300-319 Other Professionel Services E 10145200-319 Other Protessional Services Total ANDERSON. KRISTI $210.00 4/435 $145.00 4/4/05 CC Minutes - 3/28 Park Minutes-4/4 $355.00 f^aldChkll 060610 4^i^K5 APPLELANO LAW ENFORCEMENf E 10142110-229 Training Supplies $1.320.52 1036 Total APPLSLAND LAW ENFORCEMENT $1.320.52 Paid Chkti 00061 i 4/11/2006 APPLIEO ECOLOOICaL SERVICES E 101-43290-600 Spedel Pfo|ects. Contingency $565.19 10658 PraoHoe Rounds Rural Oasis Total APPUEO ECOLOGICAL SERVICES ryj£MJ 060612 4/1^/iott $866.19 ARAHAIIK RCFREMMIEIIT SERVICEa n f. « CITY OF ORONO 04/08/05 12:25 PM Page 2 *Check Detail Register® Of-f .APRIL 200S Checlc Amt Invoice Comment E 101-42110*201 Olfioe supplies E 101-41900-201 Offloe supplies E 101-41900-201 Office supplies Tolel ARAMARK REFRESHMENT SERVICES $116.51 6013-461906 $114.95 6013-461007 $4.95 603-461905 Coffee Service Coffee Service Coffee Service $236.41 PaMChki 060613 4/11/2005 BAYSlOE FLORAL E 101-41900489 Other Misoeleneous Charges Total BAYSIDE FLORAL $62.30 36170 Plant - Grace Johnson $62.30 iiicyill 6mS{4 4/11/2005 BFI OF MNME80TA, INC E 101-4S 04 Repairs/Mainl-Bkigi/Grounds Total BFI OF MINNESOTA JNC $75.49 1307214 Solid Waste - Summit Beach $75.49 '"^C/TiSbos MFFSiNc: E 10145200415 Other Equipment Rentals $66.41 VW49973 Portable • Bederwood Total BIFFS INC.$66.41 PaldChk# 060616 4/11/2005 BLOOMINOTON, CITY OF E 60149400499 Other Misoelanaous Charges $230.00 2/2M5 Water Tesdng Total BLOOMBIOTON. CITY OF $230.00 TS7SB3 SSi? 4m/200S BRAUN INTERTEC E60M94004M OMmt MisoatonaoiM ChargM ToM BRAUN INTERTEC 195.00 5010244 Water Analysis $95 00 lOTCKBriBSSie 4/11/2605 budget printing E 101-42110-322 Poilags E 10142110-201 Office supplies Total BUDGET PRINTINO $8.37 3739 $33.63 3767 Shipping Training AppI Forms $42.00 680610 4/11/2005 CARDIAC SCIENCE E 101-42110-403 RapNn/MtM-Mte. Equip Total CARDUC SCIENCE 1195.00 543962 Defi) Repair $195.00 'siaar.Trr.^r*4/11/2005 CENTERFOINT ENERGY €61349930-381 Gas A Electric E 10142110-391 Gas A Electric E 10142260-391 Gas A Electric E 10141900-391 Gas A Electric E 60149400-391 Gas A Electric E 10141900*391 Gas A Electric E 60249450-381 Gas A Electric E 90249450-391 GasAEiedric E 90149400-391 GasAEIadrIc Tom CENTERFOINT ENERGY $318.95 $516.33 $534.92 $631.09 $1,291.67 $1,119.95 $71.17 $559.95 $186.65 0?0006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gss Service $5,230.87 PaidChki di092l 4/^in CHUNKS LAKEiNORE AUTO E 10142110402 E 10142110402 E 23145650402 E 23145650402 E 10142110402 E 10142110402 E 10142110402 E 10142110402 E 10142110402 E10142110402 Repairs/Maint-Aulo Equip Repairi/Maint-Auto Equip Repaki/Malnt-Aulo Equip Repairs/Maint-Auto Equip RepalriAleint-Auto Equip Repeifs/Meint-Auto Equip RepeirsAlaint-Aulo Equip RepairsAlaint-Aulo Equip Repaks/Maint-Aulo Equip Repalri/Mainl-Aulo Equip $194.40 $308.60 $799.91 $166.73 $206.10 $571.90 $65.09 $995.89 $22.52 $391.06 194.40 26626 26710 26712 26722 26731 26734 26747 26756 26765 Remove Equipment #188 OH. Trans Fid. Chk Lights Radiator. Oil #202 Battery. Cooling - 91 Mazda OH. Battery #200 OH.Tune.Aiign#198 Oil. Check Exhaust #199 ABS Brakes #195 Radar Cables #196 OH. Brake Pads #201 CITY OF ORONO *Check Detail Register© 04/08A>5 12:25 PM Page 3 APRIL 2008 Check AmC Invoice Comment E 101-42110402 RegairtAlakit-Auto Equip E 101-42110-402 Repeirs4yiaint-Autc Equip E 101-42110-402 Repaks/Maint-Auto Equip E 101-42110402 Repairs/Meint-Auto Equip Total CHUNKS LAKESHORE AUTO $35.42 26790 $50.43 26799 $75.07 26604 $90.06 26619 OM #200 Oil #196 Rear Rad%r Bracket Reapir Connection #194 $3,965.20 l>aMdhki E 101-42260407 Janitorial Services E 10141900407 Janitorial Services E 10142110407 Janitorial Services Total COVERAU Of THE TWIN CITIES rw i $166.36 94063 $1,504.85 95010 $1,139.55 95010 $2,630.78 JanHorial Service-3/2005 Janitorlal4/2005 Janitorial 4/2005 Paid Chk* 080623 4/11/200S DAHLOREN SHARDLOW « UBAN E 10143290-600 Special Projects. Contingency Total DAHLOREN SHARDLOW A UBAN $4,924.15 25690 $4,924.15 Rural Oasis Paid cM 6A6S24 4/11/2005 DAY. SUSAN E 10142110437 Training A Development Total DAY, SUSAN $10 50 33105 $10.50 Lunch - Training PaidCtM 0S0626 4/11/2005 DELL E 602-49450-240 SnfmH Tools and Minor Equip E 60149400-240 Smalt Toote and Minor Equip $636.97 $636.96 D96031635 Latitude 100L D96031635 Latitude 100L Total DCa $1,673.95 0626 4/11/2005 DEPT Of AOM - INTERTECH GROUP E10142110-311 Data Processing Communication $37.00 DVD05020267 PVC Circuk - 2/2005 Total T Of ADM • INTERTECH GROUP $37.00 Paid Ckki 060627 4/11/2005 DEPT Of PUBLIC SAfETY E10142110-311 Data Processing CommuflicaSon _ Total DEPT Of PUBLIC SAfETY $510.00 127150051 1st Qtr 2005 CJDN $510.00 hatd Chki 080624 4^ 1/2W DEPUTY RE(M tRAR E 23145650441 Uoensns A Taxes Total DEPUTY REGISTRAR TSd&BTWSSSi $13.50 04-6720 Sprenger Forf-2001 Camero $13.50 4mm DEXMEDIQEASTLLC E 61349630-340 General Advertising Total DEXMEDIQEASTUC $306.30 25069259000 Directory Adv • GC $306.30 Paid Chki 080630 4/11/2005 DNRWATERS E 61349830441 Ucenses A Taxes Total DNRWATERS $101.00 996038 2004 DNR Fee $101.00 TOTTRkTSSSKn iTHSoM eTrecycuno E 10143270-316 Contract Recyding Pickup _ $6.764.96 Total E4E RECYCLINO ' $6,714.96 17Ti7?!558 engineering RiPRO systems 7861 Recycling-4/2005 Paid Chki E 10141900-201 OfVloe supplies E10141900-2U1 Ofloe suppkes Total ONMNEERBIGREPROSYiTCilS $60.65 $56.56 69974 90251 Markers Laminating $119.23 ‘KErsBr8Bm~~i7ns55s siiMSTHSsnriSM Ea02-4M«M06 R«»lraAWnt-SwrItiM/mi I141.6S HH10S7 Ring* rrI'CITY OF ORONO WA)e/05 12:25 PM Page 4 *Check Detail Register® APRIL 200S Check Amt Invoice Comment Total ESS BROTHERS A SONS $141.65 PoSTSariReSS 4/11/^005 EXCELSIOR FIRE DMTRIcf E101-42260-318 Fke Services ^ Service Total EXCELSIOR FIRE DISTRICT 2nd Qtr 2005 - Fire Service I35J61.13 i^eidbilki 08063^ ^li/200S FARNIOK. CORREY E101-42110-439 Meeting Expenses Total FARNIOK. CORREY $6.48 3/23XB Cookies - Meeting $6.48 Paid Chidll 080636 4/11^5 O S K SERVICES E 601-49400-226 E 81349830-226 E 101-43000-404 E 101-43000-226 E 602-49450-226 E 101-41900-404 E 101-41900404 E 101-43000-221 E 81349830-226 E 60149400-226 E 60249450-226 E 101-43000-226 E 10143000-226 E 60149400-226 E 60249450-226 E 61349630-226 Clothing S personal equipment Clolhing S personal equipment Repairs/Mainl-Bidgs/Grounds Clothing S personal equipment Ciothing S personal equipment Repaln/Maint-Bldgs/Grounds RepekiS4eint-eidgaA3roun<ls Equipment Parts S Accessories Clothing S personal equipment Clothing S personal equipment Clothing & personal equipment Ciothing S personal equipment Clothing S personal equipment ClothirHi S personal equipment Clothing S personal equipment Clothing S personal equipment Total OSKSERVICES $14.18 $6.02 $98.96 $85.09 $42.54 $57.65 $65.18 $58.89 $6.02 $13.78 $41.34 $82.69 $80.63 $13.44 $40.32 $6.02 1006407043 1006407043 1006407043 1006407043 1006407043 1006407045 1006407046 1006413443 1006413443 1006413443 1006413443 1006413443 1006419853 1006419853 1006419853 1006419853 Uniforms Uniforms Mat Service Uniforms Uniforms Mat Service - CH Mat Service - CC ShopToerels Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms Uniforms $712.75 PaUChki 060^ ^11/2009 OERRSKTS CAR WASH E 101-42110-221 EquipmentPaitsSAccessories E 101-42110402 RepaIrsStolnl-Auto Equip Total QCRRINO*SCARWASH $8.00 V22m $8^ 3^1/09 $16.00 CarWdsh Car Wish PaWChMt 060638 4/11/2006 GOPHER STATE ONE-CALL E 602-49450-489 Other Miscellaneous Charges E 601-49400-489 Other Miscellaneous Charges Total OOPNERSTATEONE-CALL $76 05 5020654 $76.05 5020654 Locates - 2/2005 Locates - 2/2009 $152.10 1>ikf Chili 000639 TluSSSs ORAMGER E 602-49450-406 Repaks/Maint-Swr Mnes/Wts E 602-49450-240 Small Tools and Minor Equip E 602-49490406 RepairsAlaint-Swr Ines/llfts Total GRAINOER $38.24 495-802210-7 $209.91 495-80651041 ($71.56) 495-80651041 Thermal Unit-LS 10 Mulitmeter Return -Relay $176.59 PM cm 080640 4/11/2009 HACK CHEMICAL CO. E 60149400-216 Chemicals and Cham Products Total HACH CHEMICAL CO. $334.84 4219633 Checmicals $334.84 Paid Chki 060641 4/11/2009 HENNEPIN CO-OP SEED EXCHANGE E 10141900-223 Bldg/Orounds Maint Supplies $26.49 93702 Softerrer Salt Total HENNEPINCO4)PSEE0EXCHAN0E $28.49 TSSwSlSSSSii hemnepm county ihfor tech opt fi 101-421 KM14 EOPA^ommunioatlont Equip R mI t1.S70.0S 2S036030 E001-4940IM16 OOwr Equipmanl Rqnlali SS3.49 29036067 Radio Lease - PC Radios-PW CITY OF ORONO 04A)8/05 12 25 PM Pages *Check Detail Register® APRIL 2005 Check Amt Invoice Comment Total HENNEPIN COUNTY INFOR TECH DPT $1,623.54 Paid bhici 0 4/11/2005 E 101-42110-307 Legal-Consulting Total HENNEPINCOUNTYTREA8URER-JAIL HENNEPIN COUNTY TREASURER-JAIL $1,467.00 006 $1,467.00 Rm and Board - 2/2005 l^id Chki 000644 4/11/2005 KENNETH N. POTTS. PA E 101-41600-306 LagaLProsaculion Total KENNETH N. POTTS. PA $2.50000 4/1/05 Prosecutions - 4/2005 $2,500.00 Paid Chki 000645 4/1^/2005 LABOR RELATIONS ASSOC E 101-42110-316 Other Professional Services $1,113.00^3/1/05 Total LABOR RELATIONS ASSOC $1.113.00 TaidiSKaroi Police Labor Issue 46 4/f1/2005 LOE*S OIL COMPANY E 101-43000-212 Motor Fuels & Lubricants Total LOTS OIL COMPANY $8.00^36763 $8.00 Waste OU TOdCiiHn M7 4/11/2005 Loots E 101-41000-311 Data Processing Communication E 101-41900-320 Other Communications E 101-42110-320 Other Communications E 101-42110-310 LOGIS-Appllcations Total LOOIS $31.00 25040 $321.50 25049 $321 50 25040 $1.958 00 25040 Henn Cty Connection 2/05 Internet - 2/05 Internet - 2/05 PoNce Records 2/05 $2.632 00 Paid Chki 080641 4/11/2005 MAMA E 101-41300-433 Membershk>s 6 Subscriptions Total MAMA $50.00 1093 2005 Membership • Moorse $50 00 Paid Chki 080640 4/11^MCLEOO USA - PHONE BILLS E 101-41000-321 E 602-40490-321 E 602-40490-321 E 601-40400-321 E10M2110-321 Telaphona Talapbona Talaphona Telaphona Talaphona $49905 0443681 $39.45 0443881 $5545 0443881 $42.95 9443881 $213.88 0443661 E 801-49400-321 Telaphona $23.76 9443861 Phone Service Phorm Service Phone Service Phone Service Phone Service Phone Service Total MCLEOO USA-PHONE BILLS $674.54 TOT5f53roSoBo 4^1/2009 midwest FUELS E 101-43000-212 Motor Fuels & Lubricanti 0101-14101 GasoNna Inventory Total MIDWEST FUELS $1,348.87 25407 $3.817 42 25407 1921.1 Gate-Unleaded 1021.1 Gate - Unleaded $9.166 20 Peid Chki 080851 4/ft/2005 MINNETONKA BEACH. CITY OF E 602-40490-367 Intergovernmental Services $96.00 2( Total MINNETONKA BEACH, CITY OF 676606 Sevrer Service 2090 Shoreline $96.00 4/11A2009 NATIONAL WATERWORKS E 601-49400-405 Repalfs/Maint-Watenneina^plent Total NATIONAL WATERWORKS $^^ 2216889 $563 47 VaivtBox Paid Chki 080653 4/11/2005 NAVARRE HARDWARE £613-40630-223 BldgASrounds Maint Suppliei E101-42110-221 Equipment Parts A Acoaaaoriat E 101-41000-223 BldgAkounds Maint Supplies E 101-43000-224 Street Makvt. Malarialt/Supply E 601-49400-240 Smai Toola and Minor Equip $24.02 148925 $12 44 146933 $700 146067 $744 146906 $19.16 140009 Building Supplies Keys, Ring Key. Ice Tray Hardarara. Enamel Sladga Hammer CITY OF ORONO *Check Detail Register© 04/06/05 12:25 PM > Page 6 APRIL 2005 Checli Amt Invoice Comment E 613-40530-223 E 10M3000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 601-49400-404 E 101-43000-224 E 601-49400-227 E 101-42110-223 E 101-43000-221 E 101-43000-224 E 101-42110-221 E 602-49450-240 E 601-49400-240 E 101-43000-224 E 10M2110-221 E 101-43000-224 E 101-42110-228 Bldg/Orounds Maint. Supplies Equipment Pails A Acoesiories Equipment Pails A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Repeka/Meint-BldgB/Grounds Street Meint Materials/Suppiy UtMty System Maint. Supplies Bldg/Grounds Maint. Supplies Equipment Parts A Accessories Street Maint. Materials/Suppty Equipment Parts A Accessories Small Tools and Minor Equip Small Tools and Minor Equip Street Main! Malerials/Supply Equipment Parts A Accessories Street Maint Materials/Supply Training Supplies Total NAVARRE HARDWARE Paid ChlJ WlM NCPCRS GROUP LIFE INS O 101-21710 Life Insurance _ Total NCPER8 GROUP UFE INS PaidChici 060655 4/fl/2SSS $11.47149024 Paint. Cleaner $262.53 149167 Pipe Fittings $12.31 149176 Misc Hardware $13.54 149220 Couplings. Tape $12.77149257 Enamel $7.66 149370 Misc Hardware $15.94 140396 Battery $7.17149446 Hose Clamp, Cloth $76.76149477 Faucet. Pipes $6.51 149462 Enamel $25.54 149492 Anchor. Screws $7.44 149556 Battery $10.76149572 Keys $10.76140572 Keys $6.94 149627 Misch Hardware $3.16 149706 Velcro Straps $1.66 149629 Vinyl Numbers $0.52 149668 Number $569.74 $304 00 6732405 PERA Life -4/2005 1304 00 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone $756 49 506573311-04 Police Cell Phones Total NEXTEL COMMUNICATIONS $75649 PeldOhiil 060656 47n)33^ NORUNO*S E10M5200-319 Other Professional Services Total NORUNQ'S Paid Chk« bk(M97 $900 00 20056 Navarre Park Lanscape $900 00 % 47f1/2005 NORTHERN E 601-49400-240 Smel Tools and Minor Equip Total NORTHERN $364 96 194001124 Honda Pump $364.96 Paid 6hk« 060656 4il^/2005 OFFICE DEPOT E 101-42110-201 E 101-42110-221 E 101-42110-221 E 101-42110-221 E 101-42110-201 Office supplies Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Office supplies Total OFFICEDEPOT $279.13 260371407-00 Film. Batteries. Calanders 1279 29 260616911-00 Keyboard Tray #279.29 260617702-00 Keyboard Trey ($279.29) 261296199-00 Keyboard Tray $204.96 2612962004X) Keyboard Tray $763.40 l^eid^Chidr 060669 4711^006 OWL ENOINEERINO, INC E 601-49400-319 Other Profisslonai Services Total OWL ENOINEERffiO. INC ‘■r. $300 00 2240 V«dzoA • Tower Letse $300.00 Paid Chki 080660 4/11/2005 PAUL CONWAY SHIELDS E 101-42260-226 Clothing A personal equipment _ Total PAUL CONWAY SHIELDS $367 50 64006-1 Helmet Shields $367.50 Paid Chki 060661 1/11^006 PESER, PAUL E 101-45200-223 Bldp/Orounds Maint Supplies Total PESEK.PAUL $330 34 3/236)5 Park Signs $330 34 ^Chm 060662 4/11/2 PIONEER T\ CITY OF ORONO 04/08/05 12 25 PM Page? *Check Detail Register® ■r APRIL 200S \k Amt Invoice Comment E101-42400-340 General Adveititing E 101-42400-340 General AdvefOilng E 101-41900-352 Printing A Publishing E 101-42400-340 General Advertising E 101-41000-352 Prlntino A PtibNshing Total PIONEER $103.48 30505 $117.41 31205 $206.96 31205 $358.20 40205 $230.64 40305 Applications Applications Ordinance #23 Applications Ordinance #24 $1,016.69 PaldChki 060663 4/11/2005 PLUNKETrS E101-43000-404 RepabsAilalnt-BldgsA^rounds Total PLUNKETTS $207.66 592091 $207 66 Pest Control-3/2005 PaldChk# 060664 4/Tl^K)05 QWEST E 61340630-321 Telaphone $61.29 9524739904 Phone Service Total QWEST $61 29 'Hd dhlc# 0 4/11/2006 RICKS SUPERVALUE E613-^CMI92 So# Drinks For Resala $52.10 4/5/05 Concessions Total RICKS SUPERVALUE $52.10 Paid Chk# 060666 4/11/2005 SAFETY SIGNS E 602-49450415 Other Equipment Rentals E 10143000415 Other Equipment Rentals Total SAFETY SIGNS $161.56 50225 $214.60 50225 Barricades Barricades $396.16 75d 060967 4n 1^0(M SCHARBER A SONS E 10143000-240 SmaN Tools and Minor Equ9> Total SCHARBER A SONS $71.41 2046109 Supplies $71.41 PMdChkt 060966 4/11/2005 SIRCHIE FINGER PRINT LABS E 10142110-221 Eq«j|pmafit Parts A Acoessories $60.61 373368 Evidence Bags Total SIRCHIE FINGER PRINT LABS $60.61 ^Chki 060669 4/11/2005 SUPERIOR LAMP E 10141900-223 BldgA3rounds Maint. Supples E 10142110-223 Bldg/Orounda Maint. Supplies Total SUPERIOR LAMP $256.72 S2202060 $256J2 S2202060 $513,44 Light Buiw Light Dut)S PaWCtiki 0 4/11/200S SUPEWOM LESS COMMUMCATIO E 60249450-221 Equipment Parts A Accessories Total SUPERIOR WIRELESS COMMUNICATIO $106.77 9292 Phone Cases. Antenna $106.77 Paid Chk# 06i671 4)l1/id&5 ifNOMSON WEilT E 10142110-206 Books A Periodicals Total THOMSONWEST $91.59 6029532929 2005 Criminal Law Handbook $91.59 Paid Chk# 090672 4/11/2005 VERIZON DIRECTORIES E 61349630-340 General Advertising Total VERIZON DPIECTORIES $16.20 360007594501 Directory Adv-GC $16.20 Paid Chk# 0606>3 4/11/2605 VERIZON VRRiLESS E 10141900-322 Postage Total VERIZON WIRELESS $93.52 3597840579 CeN Phones $93.52 Paid Chk# 0M>4 4/11/2005 WEST PHOTO E 10142110-240 Smal Tools and Minor Equip $191.70 12423 35mm Canwra - PD Total WEST PHOTO $191.70 ,il CITY OF ORONO *Check Detail Register® 04^5 12:25 PM I Paged APRIL SMS Amtm f1 1/2006 MESTtOE VIIHQiESALE TIRE E101-43000402 RepaiwAlaiM Auto Equip $24.13 546743 E10143000402 RepalriSilainl-Auto Equip ToM IMESTStDEMIOLESALETIRE $23.36 547233 UroReapir Tiro Repair $47.49 PiudiMP (iaosTe 4^ii/i665 xctLEMmov E 601-40400-381 OMOEMrie E101-42260-381 OM«ElwWe Total XCEL ENERGY $7.43 51-4237472-5 Etodrical Swvioa $333.37 51-4918163-9 EtocMctl SwviM $340.80 FundSummiry m 10100 PrImoryCasli $353«560.81 101 GENERAL FUND 227IMPR/EQUIP CAPITAL OUTLAY FUND 231 DRUQ/FELONY FORFEITURE FUND 601 mTER OPERATING FUND 002 8EWER OPERATING FUND 013 GOLF COURSE 061 STORM WATER UTILITY OP FUND 10100 PrImaryCaih $217,265.02 $125,037.50 $960.14 $4,613.78 $2,678.50 $1,885.96 $199.91 $353,560.81 : , .'fe' ■ y-i ' ■■ - rr‘- ■. ^ ■ ■ -V V 4; ■> «m&Bymm fhi^ - mm lilii y '..sv?! 1 f Ch§ck Ikimbtr Employe Nanw 004105 004196 004197 004196 004109 004200 004201 004202 004203 004204 004206 004206 004207 004206 004209 004210 004211 004212 004213 004214 004219 004216 004217 004216 004219 004220 004221 004222 004223 004224 004225 004226 004227 004226 004229 004230 004231 004232 054939 054940 054941 054942 054943 054944 054945 054946 054947 094946 054949 054950 054991 094953 094994 054955 094956 054967 054959 MOORSE. RONALD J. 8ILUS. BARBARA O. VEE.UNDAS. KUEHN. THOMAS M. OLSON. RONALD J. PEmr. SANDRA K. ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. BUDIO. STACIE M. CORNICK. JAMES L DAY. SUSAN J. DEMBOUSKI.JAYC. FISCHER. CHRISTOPHER K. OOOO.STEPHANYR. MCNICHOLS. DAVID L RUSSETH. KYLE M. SCHOENHOFF. X)HN B. STENSRUD. CHADR. TOEWE. KIMBERLY D. TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WHITE. ANTHONY J. WrmCE. ANTHONY A. KUSZCZ.DAVIOA. PHARO. CHRISTOPHER M. CURTIS. MELANIE QAFFRON. MICHAEL P. QAPPA. GREGORY A. GUNOLACH. JANICE X MEYER. WILUAMC. OMAN. LYLE E. DEBAERE. DONALD L HANSEN. STEVEN OBERAIGNER SCOTT G OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J. DODGE. RACHEL M. LE8KINEN. DENISE M. BOBZIEN.SUEA. BORIS. SCOTT W. ERICKSON. KURTR FARNIOK. CORREY L FISCHENICH. DAN T. MADSON. ADRIENNE M. MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. TOMCHECK. LAWRENCE F. GAFFRON.MICHAELP. OMAN. LYLE E. VANG. BRUCE L GREGORY. JAMES D. HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J. 8KREEN.DALE8. Pay Ptflod 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 CITY OF ORONO clMck ragitter Chack Amount S2.531.56 1728.64 81.098.74 SI.511.60 S1.418.73 SI .051.26 S2.297.92 5830.00 S20.00 S907.05 S1.761.85 SI .281.88 S1.960.72 51.500.10 52.018.10 51.100.00 51.435.01 51.630.02 S1.180.46 51.158.18 5900.00 S1.714.04 S1.192.16 SI .403.12 S280.91 S831.23 SI.206.70 5125.00 S2.052.06 SI .407.23 5524.15 SI.400.00 S1.573.55 5875.00 SI .623.59 5550.00 5400.00 5200.00 SI .061.06 SI .077.55 S316.61 S1.671.69 SI.991.37 SI .891.84 81.96869 S978.56 S709.45 SI.068.32 S980.44 S466.34 SI.454 29 S287.58 S1.488 84 51.113.19 5402.16 S807.89 S827 67 SI .462.85 S1.354.68 Chtck Data Cfitck Statua 3/3CV2005 Outstanding 3/30/2005 Outstanding 3/30/2005 Outstanding 300/2005 Outstanding 3000005 Outstanding 300/2005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3/300005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 300/2005 Outstanding 300/2005 Outstanding 3/300005 Outstanding 3000009 Outstanding 3000005 Outstanding 3000005 Outstanding 3/30/2009 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3/300009 Outstanding 3000005 Outstanding 3000009 Outstanding 3000005 Outstanding 3/300005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000009 Outstanding 3000005 Outotanding 3000005 Outstanding 3000005 Outstanding 300/2005 Outstanding 3/300005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000005 Outstanding 3000009 Outstanding 3000005 Outstanding 3000005 Outstanding 3/300005 Outstanding 3/300009 Outstanding 3000009 Outstanding 3000009 Outstanding 3/300005 Outstanding 0309/05 9:36 AM Page 1 f r CITY OF ORONO 03/29/05 9 36 AM Page 2 ch«ck rogister Chock Numbi 0S4960 8TEFFENHAQEN. RONALD Par Ptrtod Chock Amount II .582.40 $70^04.02 V - t V , 1 r< !;■ V Jt* Chech DaleChKhSMut 3n0/2005 Outstanding ...^klAtfU u 5s CITY OF ORONO *Check Detail Register® Oa/30/05 7:1SAM Pagel MARCH 2005 CMkAgt Invotet Comment Itllt Pfimenf Cl JSTmSK Ceeh PaidCMii OiOiiO MQ^2006 RR8T MATIOMAL BANK OF LAKES 0101-21701 FedecaiVMIliholding $10,946.91 O 101-21703 FiCA Tax WKhtioldino $4,935.06 0101-21703 FICA Tax Withholding $4,935.06 TolM FIRST NATIONAL BANK OF LAKES $20,817.07 "RSTSKEToBBol S^BSoos icma retirement truot -4$7 0101-21706 OtherRatifimifil _$1.038.62 Total tCMARETl V5SHSSF ENT TRUST-467 11,038.62 LAWENFORCMENT LABOR SERVICE 0101-21707 Union Duet $0.00 Total LAWENFORCMENT LABOR SERVICE $0.00 MN DEFT OF REVENUE 0101-21702 Stele Withholding Total MN DEPT OF REVENUE $4,590.17 K590.17 M06S4 3/30/2006 MN STATE RET1 0101-21718 Poet Employment HeeRh tNTSYSTBI $313.50 Total MN STATE RETflEMENT SYSTEM $313.50 ^ CleJ hiiiM 3^3od6b5 nationksde retirement soLufioN 0101-21706 Other ReOmment $2,022.00 O1C1-21706 Other Retirement Total NATIONWIDE RETilEMENT SOLUTION 0101-21706 Other ReOrement Total ORCHARD TRUST CO. TRUSTEE/CUST $0.00 $2,022.00 fmcHMbikakii6. trustee /cust $3,002.68 $3,002.68 PUBLIC EMPLOYI3/30/2008 0101-21704 PERA 0101-21704 PERA Total PUBLIC EMPLOYEES RETIREMENT retirement $7,464.41 $5,800.42 $13,264.83 PaMCIiMi 060698 MO/2005 UNITEOWAY 0101-21700 United Wiy $88.00 Total UNmEDWAY $86.00 18100 PrlmanfCaeh $45,134.87 Fund Summary 101 OENERALFUNO 10100 PrimeryCaih $45,134.87 $48,134.87 FEDERAL WfH FICA & MEDICARE W/H FICA & MEDCR CITY SHARE DEFERRED COMP-302030 UNION DUES #40 & 0168 STATE TAX W5fH post retirement USCM-ENTITY 2339 OBRA #2343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE Wnt CHARITY DONATIONS CITY OF ORONO check ragittor Clweh Muwbtf Cmployw miw Pay Parted Check Amount ChMkSMie 054961 054962 054969 054965 VOID VOtf) VOID VOID VOID PETERSON. BARBARA 054970 094971 054972 054979 054974 MCMILLAN. ELIZABETH T. MOOR8E. RONALD J. 8AN8EVERE. ROBERT K. MURPHY. JAMES L V9HITE. JAMES M. K.:* : -.•^■>.1 10.00so.oo 90.00 90.00 90.00 9929.22 9269.96 9369.40 9269.36 9269.36 9269.36 4/11/2005 Void 4/11/2005 Void 4/11/2005 Void 4/11/2005 Void 4/11/2005 Void 4/11/2005 Oulsionding 4/11/2005 OutsMnding 4/11/2005 OutstMKling 4/11/2005 Outstanding 4/11/2005 Outstanding 4/11/2005 Outstanding 91.770.06 S--.V 1 '■X . mmm1-mm •i' i';;. f r: 04A8A)58:45AM Pagal w:. •? irr^ m m '-I, INFOKMATION ITEMS COUNCIL MEETING CrmM/'ii ••ecTiMQ APR n 2005 cityohohunu • % •w . t Jk, Lm Orono P ublic SCHOOLS DlSmiCT No. 278 DlSmiCT OPFICC 685 Old CRYSTAL B ay Road NORTH, P.O. Box 46 LONG lake , MN 55356^)046 Telephone 952-449^300 FAX 952-449-8399 rxvVC-* \ ^mm ' V < /i . <c< «ece»vfcD «1 2005 ciry OF ORONO f MEMORANDUM TO: ATTN: FROM DATE; RE: ORONO CITY COUNCIL MEMBERS BOB SANSEVERE ORONC ISD ff273 JUDY MICKE, ADMIN. OFFC. MARCH 31,2005 ORONO SPIRIT OF COMMUNITY AWARD /^rding to our records, we would appreciate a check being issued to Orono I.S.D. #278 in the amount of $500 to reimburse us for the check i^ed to Mexandra Lannom. Copies of the letter and check together with Alexaixlra s grade transcript are included. Thank you for continuing this generous donation! Please send check to my attention: Orono I.S.D. #278 Judy Micke, Admin. Offc. 685 Old Crystal Bay Rd N. Long Lake, MN 55356-0046 Call if questlon(s) 952-449-8308. i T" I >.*n -T' kL..- - —I tfiiiNi iflii Airitfc A'lMi iiii iifelirr' 1 V.,'> : • V'• i i ■ORO’JOMM January 14,2005 Alexandra Lannom 870 Old Crystal Bay Road S Wayzata, MN 55391 Dear Alexandra: Enclosed please find a check in the amount of $500 in payment of the Orono Community Award that you received in the spring of 2004. We hope this award and the education you received at the Orono Schools helps assist you in reaching your goals. Ofiotto Public Schools D istrict No. 278 • D istrict Office Best wishes for continued success at the University of Richmond! Sincerely, JMy A. Micke 685 OLD CRYSTAL B ay RAAn NnwTM. ly A« Administration Office Enc: Check No. 139745 3 I |M»S f MM ► MA‘, A ( Ol OMI [? HA( KjrjC)fiACH HAS FUl I PATTFRN Sf CURITY WATERMARK ANU HEAT REACTIVE INK ' ,v. PAY: ■' . A ^ SCHOOL MTRICTNO l 171 pmuMaiwc,MNmn onNo rmt MNK OF UMO UMC LONG UMO. MMNUOfn 863n •10 > A • ------ ' 1 • ------------------ , . soo Dollar* 00 cants ♦ < OHECKDATE CHECK NO. 01/13/05 ; ; Jvj 139745 VOID AFTER 120 DAYS CHECK AMOUNT ' $500.00 . V.TO- « t • V * *•*», V IMmtm. ALIXAMDIU m Tf .41 ’? r? f-' ■■1397I.5H' •:0<i&00aas9i: S00">033«* h p Date Issued: 03-JAN-2005 15:43:09 Page: 1 Issued to:Alexandra l<annom *70 Old Crystal Bay Road Naysata, MN 55391 Record of:Alexandra S Lannom 870 Old Crystal Bay Road Waysata, MN 55391 Student Mo: 22546208 Enrollment Status F/P Time Class Academic Standing : Term Da:es BNROLXiMENT VERIFICATION FOR SPRING 2005 Pre-Billed . . . General Student information . . . Full Time First Year College Degree Majorl Credit Hours Terms Attended Last Term Attended: lO-JAN-2005 to Oi-NAY-2005 --- PRIMARY CURRICULUM - — Sch of Arts and Sciences Bachelor of Arts Undeclared —--- Enrollment Hours and GPA 15.000 ...- - - -Term Information ---< 200410 p*ll 2004 200410 Pell 2004 - . — Enrollment Messages Mexandra is pre-registered as a full time student for Spring 2005. END OP ENROLLMENT VBRIPICATION' KV »•'9.‘ f U uI- i': 51*.. o L'i L. W- ' _V r ' I Oflkcoftlw ^ Univcriity Hcfitirjt Uilh'cniit)* III RichnMNHl Viifitib i.l|71 A’ 804-287 86J<« 804-287 ftS7« Kiv http.//wv.M.nJinu>n*l cdu Final Oriuks Page 1 of2 University of Richmond | BannetWeb Final Grades Alexandra S. Lannom Fall 2004 Jan 04 POOfi anr) StudMtlnfomiBtlon Degree: Bachelor of Arts Major: Undeclared Level: Undergraduate Academic Standing: Good Standing Und9rgndu§t§ Coun§ woth CRN Subject Course Section Course Title Campus Final Attemptec 16135 ARTS 231 02 CERAMICS Grade Arts& B*f 3.00( 15523 CORE 101 18 EXPLORING HUMAN Sciences Arts & B*F 3.00C 17255 HIST 100 05 EXPERIENCE INTRO HIST: Sciences Arts & B'F 3.00C 17558 LIB 100 14 WITCHES/HERETICS Sciences LIBRARY/INFORMATION Arts & S om 16862 MATH 211 11 SKILLS 1 CALCULUS 1 Sciences Arts& B-F 3.00C 13280 THTR 201 01 STAGECRAFT Sdences Arts& A 3.00C 15169 WELL 085 12 URAWAREiALCOHOL Sciences Arts& S O.OOC AWARENESS PROG Sciences UiHkrf^mkut§ Summtry • «• •• • m Final Oipdes CurrtntTtrm: Cumulitfvt: Trantfw: ^ Ovmll: 15. 15. 0. 15. i Eamtd OPA Hours Quality Points QPA III III III III III III 15. 15. 0.000 15 III III 15. 15. 0. 15.000 III III Sitoct Another Term A; ■ -v : :.Z ■I I . ^ S-. •Vf U'j . 'BS;mH. ♦ 51.60 3.44 51.60 3.44 0.00 0.00 51.60 3.44 t ‘ ' * - '"•W ' Page 2 of 2 , 1/4/2005 i1»-gi£lr (M il^iion«|Jc>dti]aix JOJ «6$) 9uf|fQ9 Aq M lUdik *A«pftmqi. uo uoow Aq I ‘ t‘ .'. ■ 9CBSB MW'AWftlon j«lid;^40|a«f ipoLimx ^qi »Q l«6l|Md|^1taptintL uo .'j ■• ? -i qoun^ joj |«2m9 JDQ^ oi nofi t^UAUf |UQ08 AuotiApi^ jtfiu^ jo|u^ qMLraunix ^ V ■ 'j#? V.-i ph'WS;. ).«■ ki ■■ •■<•; ^IR- ; ■ ‘ibtQnoA |uqii% t.|oqi —tnp^puoM pUQ fsp^ ‘JR)9 9u)uiqt Q^I^Iimvu qu«« Apo^ *dpi jnoA iiilin/noA A^^tui^naaff;> *jQ^ Aj^A2t jnoA qsQ^o) J2)9q9 noA p^fOLid fixiea u| Aquo^ttaij, noA tuoimqidiuoo ^(q^toff inoq^iKuqi tuogtf jnoA u| ^mi IUQ jQl^ pooB jo ||n/ puQ ^J^{t *|qAo^ qBnoLup ^0100 9Aqm|U noA AK)q u| Bcifproitino \:>p noA qjo^ 2H|| tf^iq^niq^ Op^ Th^r f1(EArts ToOthfors TAmaredc tatior Ci^Hsr VolcmtgfT tH)ptiBdotiop ku tipffl o» 'f f)^ OOnOpAlddl^ 4M|CID|0^ JK>|ttiff iporouiQX tjaqto ox Jl^qX U2)dO Vlatubbte is th^ v^^rk you do. Outsl&nding in how you ulvmys ooin^ through boyst. sine^ und full of good cheer Qntiring in your ^orls throughout the year Notable are the contributions you make. Trustworthy in e^^ery profect you take. eager to reach your every goal. etfeetlve in the tvay youfutfUt your role. Neady sMtb a smile like a shining star. Ipeeial and wondeiful—that's what you are The Tamarack Senior Center tldvisory Soard Invites you to be Our 6uest for bunch tis We Itecognlxe Our Vic^anteers on Tuesday, tfprfl t9 at Noon at the Tamaradi Senior Cipiter 133 N. Srown l^oad loongleakeMN 35356 please HS.\?.p. by Noon on Thursday, ttpril 14 by calling (932) 476-2334. ’ i ; for TransportationCall (9!^) 476-2334 Jfcl: