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HomeMy WebLinkAbout05-09-2005 Council Packet} Public A ttendance Meeting D ate srJt hi B Councilw □ Planning Commission □ Park Commission □ Other Please ntLOUTTHE information requested BELOW FOR OUR CITY RECORDS. NAME (please priat)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I. 366*^“ CL yCrVr hit_ SW^yw«W ^ 4MX i f i I f^7 i « t ».l^ l\IOC? W*ifcc> Uli. OS~^\cy^ 15. fPiMi iiiiinii IffiL AGENDA FOR COUNOL MEETING SET FOR MONDAY, MAY 9,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 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 regarding 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 MAY 9 2005 CONSENT AGENDA 1. Approve/Amend CITY OF OHONO APPROVAL OF MINUTES * 2. Regular Council Meeting of April 25,2005 PARK COMMISSION COMMENTS - JeffSoderstrom, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #04-3060 Michael and Donna Ebertz, 1220 Tonkawa Road - After-the-Fact Conditional Use Permit • 4. #04-3073 David and Joann Pomije, 801 Tonkawa Road - Preliminary Subdivision - Resolution • 5. #05-3074 Sean and Melissa Wambold, 1379 Park Drive - Variance and Conditional Use Permit - Resolution 6. #05-3091 Catherine Sallas, 3635 North Shore Drive - After-the-Fact Variance 7. #05-3103 Jack and Kari Olson, 1966 Shadywood Road - Variance • 8. #05-3105 Peter Martinson, 4460 Forest Lake Landing - Variance - Resolution 9. #05-3106 Cindy and Brad McDonnell, 1420 Baldur Park Road - Variance • 10. #05-3107 Scott Bissen and Michelle Morey, 825 Tonkawa Road - Variance and Conditional Use Permit - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 11. Change Order #2 - Lee Carlson Baseball Field Trail Project 12. Accept Quotations 920 Brown Road South Sewer Extension CITY ADMINISTRATOR'S REPORT 13. 2004 General and Special Revenue Funds Budget Amendments and Temporary Loans 14. Cooperative Agreement Regarding the Roadway Planned to Ser\ e the Park Ridge Acres Development in Medina Hs- Cr*/fCMoe StiLitn^/ CITY ATTORNEY'S REPORT \ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 9,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA IS. LICENSES Special Event * 16. BILLS UPCOMING ISSUES AND EVENTS 2fifiS ! 05/02 OS/04 05/07 05/09 05/12 05/14 05/16 05/20 05/21 05/23 05/26 05/27 05/28 05/30 Park Commission Meeting, 7:00 p.m. Planning Commission Work Session, Wednesday. 5:30 p.m. Spring Cleanup Day, Saturday, 8:00 a.m. • 2:00 p.m. Council Meeting, 7:00 p.m. Council Work Session, Thursday. 5:45 p.m. Spring Cleaniq) Day - Construction Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. Planning Commission Meeting, 6:00 p.m. Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. Council Meeting, 7:00 p.m. Council Work Session, Thursday, 5:45 p.m. Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. HOLIDAY 06/01 • Planning Commission Work Session, Wednesday, 5:30p.m. 06/03 > Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. 06/04 - Leaf and Grass Disposal, Saturday, 9:00 a.m. • 3:00 p.m. 06/06 - Park Commission Meeting-Annual Park Tour, 5:00 p.m. 06/13 - Council Meeting, 7:00 p.m. 06/16 • Council Work Session, Thursday, 5:45 p.m. 06/20 - Planning Commission Meeting, 6:00 p.m. 06/27 - Council Meeting, 7:00 p.m. 06/30 - CouiKil Work Session, Thursday. 5:45 p.m. Vv i 'f miv MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. COUMrii Mctmuo MAY 9 20Ui ROLL CITY Oh O h ONO The Council met on the above mentioned date with the following members present:; Acting Mayor Bob Sansevere; Council members Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were. City Administrator Ron Moorse, Planning Director Mike Oaffion, Planners Janice Oundlach and Melanie Curtis, Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Barbara Peterson and Public Service Director Greg Gappa were absent Acting Mayor Sansevere called the meeting to order at 7:02 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve/Amend Items IS, 16,18, and 19 were added to the Consent Agenda. Marphy moved. While sccoadcd, to approve the Consent Agenda as amended. Vote: Ayes 4, NaysO. 17. RECOGNITION OF PAT WOLFE, PARK COMMISSIONER - RESOLUTION NO. 5312 Actir^ Mayor Sansevere recognized, via Resolution, Pat Wolfe for outstanding service and contributions to die City of Orono as a member of the Parks and Open Space Commission. White moved, McMUiaa seconded, to adopt RESOLUTION NO. 5312, a Resolution recognising Pat Wolfe for his dedicated service on the Park Commission. VOTE: Ayes 4, NaysO. APPOINTMENT 2. APPOINTMENT OF PUBUC WORKS MAINTENANCE WORKER Moorse introduced Greg Fasching to the Council as the candidate recommended as the appointee for the Public Works Maintenance worker position. While moved, McMillan seconded, appointing Greg Fasching to the PnbHc Works Maintenance Worker position effective April 20,2005, at the level 6, step 1 pay rate of $18.04fhour. VOTE: Ayes 4, Nays 0. PAGE 1 of 10 1 h . i I c 1^, ':-iJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. PRESENTATION 3. PRESENTATION BY REPRESENTATIVE OF SOJOURNER Denise Eng, the Domestic Violence Community Program Manager for Sojourner, an organization that provides support services to women who have been victims of abuse, made a brief presentation to the Council regarding the services provided by Sojourner. Eng stated that, as a member of Sojourner, her job was to raise awareness that domestic violence is an important issue affecting all communities, not just an inner city problem, and discuss what to do about it She sited examples of victims from the suburbs killed by domestic violence. Sqjoumer was established in 1979 as a community based service program and has helped as many as 600 people in 2004 through their services, and another 180 within their shelters. By establishing relationshipa with police departments, such as the one with Orono since 1997, Eng stated that Sojourner can provide prosecutor and officer training, encourage arrests, help with restraining orders, and support groups. Due to critical shortages, Eng stated that Sojourner continues to build awareness of its services to encourage community volunteerism, financial support, and educate those who might be in need of the services available to victims. Acting Mayor Sansevere encouraged a proactive preventative approach by educating women and teens at schools to break the cycle of abuse and being attracted to this type of abusive person. Eng stated that, oftentimes, an abuser puts on a public persona quite different than their abusive self and isolates their victims. She added that the leading cause of death among pregnant women is domestic violence and that violence to a spouse often leads to abuse of children. Eng maintained the necessity that everyone care and be made aware of Sojourner’s Family Violence Prevention Fund as a vehicle for contribution and assistatKe. She noted that Sojourner makes presentations to schools and church groups to talk to teens about dating violence and city groups about services. McMillan asked how large Sojourner’s staff was and what Orono could do locally. Always looking for additional volunteer members, Eng stated that, with their administrative staff. Sojourner is run by merely 13 staff members, and about 35 active volunteers. If the City knew of individuals Sojourner should cormect with as a resource of any kind, Eng encouraged the city to make those individuals aware of Sojourner and have them contact Sojourner as soon as possible. Murphy thanked Eng for coming and Sojourner for their services that they provide. He recognized the enormous time and commitment that goes into their effort and noted that meth and drug abuse tends to play a role in this problem. APPROVAL OP MINUTES *4. Rogalar C ouk U Mcetiag of April 11,2005 White moved, Morphy sccoedcd, to approve the Minutes of AprU 11,2005, as submitted. VOTE: Ayes 4, Nays 0. PAGE 2 of 10 I imSU i 'W'■r •r' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o ’clock p.m. PARK COMMISSION COMMENTS - Charlie Krogness As the Park Commission would not be meeting until next week, Krogness had nothing new to report. PLANNING COMMISSION COMMENTS - Roland Jurgens Jurgens stated tliat he had nothingio report, but.would remain for questions. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR'S REPORT *5. #04-3008 VALEK AND PALMER, 4720-4750 TONKAVIEW LANE - LOT LINE REARRANGEMENT (RE-PLAT) - RESOLUTION NO. 5313 Morphy moved, Whtte seconded, to adopt RESOLUTION NO. 5313, a Resolution approving the Plat of Valefcs Saga Hill Addition, creating 3 lots where 5 lots currently exist at 4720/4750 Tonitaview Lane. VOTE: Ayes 4, Nays 0. *6. #04-3010 TED CAPRA, 3534 IVY PLACE - VARIANCE - RESOLUTION NO. 5314 Morphy moved. White seconded, to adopt RESOLUTION NO. 5314, a Resolution approving a hardcover variance for the 75-250’ zone at 30% hardcover and denying a 0-75’ zone hardcover variance for 3534 Ivy Place. VOTE: Ayes 4, Nays 0. 7. #05-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE - VARIANCE AND CONDITIONAL USE PERMIT Curtis explained that the application was tabled at the March 28*^ City Council meeting to allow Engineer Tom Kellogg to review the applicants’ request to allow specific portions of the walls within the 75-250’ zone to remain. This area was also shown by the neighbor as an area requiring some retaining walls to help manage storm water drainage and facilitate erosion control. Curtis stated that it would be staff's recommendation that approval of a hardcover variance within the 0- 75’ zone for 166 s.f. or 1.46% hardcover to allow portions of the existing retaining wall to remain for a grassed lake access path. Staff also recommends approval of a hardcover variance within the 75-250’ zone to allow portions of an existing retaining wall to remain to facilitate erosion control as proposed by Tom Kellogg. Mr. Wambold stated that he was not in total agreement witii the Engineer’s conclusion. By reducing the retaining wall to the 942’, Wambold contended that they are opening up the area to erosion problems again in flte 0-75’. Above the 942’ Wambold agreed the boulders and wall could be removed without problem. Again, Wambold staled that as the new homeowner, nothing was on file with the city which would have flagged his attention that there was a violation in the first place. PAGE 3 of 10 J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. (7. ms-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE, Continued) Watnbold also stated that he wished to keep a portion of the new flagstone patio the previous owner had recently completed to blend in to a remodel they will be proposing this fall. Having recalled the previous conversation of March 28*, Murphy asked what portion of the wall would be allowed to remain in order to deter further erosion problems for Wambold and his neighbor. Kellogg stated that he felt most all of the wall could be removed and the entire grade regraded to a 3:1 slope up to the back of the home, or the City could require just a portion of the wall be remov^. Wambold staled that since die original project took about 2 years to complete and was an annoying noisy mess to the neighbors, he was hesitant to begin a long term project that would remove 300* 400 tons of rock and dirt to regrade the entire steep yard. McMillan asked how high the wall was at the 942’ level and how regrading might alleviate the erosion (noblems which led to the landscaping originally. Kellogg stated that the yard would need to be replanted with deep root plants, not grass, to contain the hillside. Bill Jackson, of Jackson Landscaping, staled that they had supplied the original owner with product for his work. Jackson stated that he directed the previous homeowner to contact suneyors and the city after he had gotten a stop work order in order to proceed. He stated that the homeowner had supposedly gotten the necessary paperwork in order once he resumed work 2 months later and hved Jacloon to place the final boulders and revegetate the hillside. Jackson stated that, in hit opinion, if the boulders were removed, it would be a tough hillside and slope to retain. He noted that it is a good elevation from the building pad to the lake and that much runoff would race down the slope to die lake making it difficult to maintain vegetation on the slope. Kellogg pointed out that the 3nird could be regraded from the walkway up to the house to obtain a 3:1 slope. He felt the question was whether the Wambold’s and their neighbors would be better off if the wall remained or was removed. Rick Rusvold, Jackson Landscaping, stated that the top boulders were placed to slow the water before it hit the hillside. He stated that, previously, the water ran down the hillside like a river wiping the whole hillside away. Murphy stated that, personally, he felt the city had compromised allowing the first 30’ of wall, and that he did not have an issue with the last 15’ of boulders; however, he was concerned with the patio. The other Council members concurred. PAGE 4 of 10 ■ h--. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. (7. ms-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE, Continued) Wambotd clarified that the lower portion of the wall could remain, while the upper be removed. With regard to the patio, Wambold stated that he would like to keep a portion of the patio to incorporate into a remodel. Curtis stated that the allowance for the retaining walls would put the hardcover at the 7S*2S0’ zone at 26%. The patio would put hardcover at 29%. Murphy stated that the Council could not prejudge a hardcover figure for a remodel that has not been designed as of yet. McMillan concurred; stating that until the applicant knows what their plans will be the City Council cannot know what hardcover will be allowed. Murphy pointed out that, no matter what the applicant’s plan is regarding a remodel or rebuild, he or his contractors may want the patio out of the way. Acting Mayor Sansevere asked whether the City should put a deadline for removal of the patio on the motion to allow him a window. Wambold agreed to removal of the patio and working with City staff to build at least a portion of it into their remodel plans this fall. Mnrphy moved, McMillan seconded, to direct staff to draft a resolution allowing the continuance of the lower boulder retaining wall within the 0-75’ and removal of the upper wall above the 948* elevation, and denial of the hardcover request for 29% hardcover within the 75-250* zone which would require removal of the flagstone patio. VOTE; Ayes 4, Nays 0. 8. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST - DEVELOPMENT PLAN REVIEW Gundlach explained that the applicants were requesting a B-6 PUD General Development Plan approval. Final Plat approval in order to create 10 units and one common lot. Commercial Site Plan approval in order to obtain a building permit, and Easement Vacations in conjunction with dedication of new easements in order to construct 10 units of office condos on 10 lots and one common lot to be known as Amber Woods Office Center. Gundlach pointed out that the Planning Comminion voted 7-0 to approve the General Development Plan in accordance with the stipulations noted in the staiT reconunendations. The Commission also heard from neighbors requesting implementation of trees to the northeast comer of the site. While the Planning Commission did not incorporate this into their recommendation, the applicant agreed at the meeting to this. In addition to the staff recommendations and stipulations, Gundlach suggested the Council consider two questions posed by the neighbors; can trees be incorporated into the northeast comer of the site, ^ the retaining wall systems along the northerly lot line be shifted 5’ south to give an additional 5’ protection to the root system of the existing trees on the Sugarwoods residential neighborhoods outlot PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. (8. m-3080 INTERSPACE WEST, 2060 WA ¥ZA TA BOULEVARD, Continued) Philip Carlson, of Interspace West, stated that they had brought the sidewalk in about as much as they could and still allow for a required width for handicapped access. He reiterated that he would be willing to work with neighbors to plant trees on their outlot to retain the proper ’chi’ - feng sui on the lot Jackie Ricks, 2108 Sugarwoods Drive, stated that she thought the developer would be performing a J^-|UCf¥y.QILdl«.SitC.___________ _____ _____________ ___ _______ Gaffron pointed out that the City did not require the applicant to perform a tree survey, since the trees would be removed during construction. Carlson offered to give the neighbors any trees they vrished to move from his site prior to construction to add additional buffer to their outlot. Mary Mileusnic, 2110 Sugarwoods, asked that the developer consider adding trees to the hillside. Dick Schommer, 2106 Sugarwoods E)rive, questioned how the developer could be allowed to begin his grading 5’ from the property line, when homeowners were required to stay 30’ away from the lot lines. He questioned how digging so close to the lot line might affect the trees on the homeowners association outlot. Murphy asked whether the applicant would be willing to indemnify anything that dies to be replaced. Carlson stated that they would be putting up tree protection along the lot line. He indicated also that he’d already promised to plant a large number of trees and would prefer not to go down the path of which trees were killed due to construction or natural causes. Murphy stated that it seemed to him that the developer had worked awfully hard to satisfy the neighbors, which not too many developers take the time to do. He encouraged Carlson to be mindful of the top shelf trees and keeping them populated or protected during construction. McMillan pointed out that this proposal contains 45% greenspace on a commercial site which far exceeds the 25% required by c<^. Murphy noted that 2-3 parking stalls would need to be removed in order to allow the applicant space to pull back from the property line. Gaflron maintained that, as proposed, the development was not ‘over parked’, nor could they remove additional spaces and satisfy code. Richard Apple, 2101 Sugardwoods Drive, president of the Homeowner Association, asked who would be responsible for maintenance of the landscaping. Carlson replied that, as prart of the covenants, the development is. PAGE 6 of 10 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. (8.805-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD, ContiHued) Acting Mayor Sansevere staled that it would be unprecedented to require a neighbor to be responsible for trees on another neighbor’s property due to construction. Attorney Barrett pointed out that, if the applicant crosses the property line, then he would be trespassing and precedent is set which would nuke him liable for damage. Though roots, which pass under property lines, on his property do not make him liable for the health of the tree. Planning Commissioner Jurgens suggested that the residents survey their properties and trees by a forester and take measures to protect their own trees. Acting Mayor Sansevere stated that the developer has met all of the cities requirements and that the Council has asked all that it can of the applicant While a developer and city is limited by what the codes establish, Murphy pointed out that the Council can still encourage a cooperative relationship between the parties so that a middle ground can be found. Mileusnic indicated dial the homeowners would like to take the 8 trees that their forester identified for the outlot and asked the developer if, the neighbors marked the trees, could he avoid removing them and giving the homeowners time to move them. Carlson agreed. McMillan stated that she was hopeful that all would work out well for both parties in this delicate situation where both parties have property rights and a balance between give and take must be struck. She encouraged the homeowners to plant a variety of differing species of trees for the best growth and buffer. WMta aiovod, McMlUaa sccoadcd to direct staff to draft a rcsolotloa to approve the Geaeral DavalopMCBt Flaa, Plaal Plat approval, Commercial Site Pbm approval, and PUD for Amber Woods Ofliee Ceater at 2060 Wayiata Boalevard West ackaowledgiBg the developers wUHagaesi to ptaat trees oa the Sagarwoods homeowners assoclatioa oatlot and amve Biarked trees from the site to the oatlot VOTE: Ayes 4, Nays 0. *9, MS-3006 PmUP ORDWAY, 114S SIXTH AVENUE NORTH - VARIANCE - RESOLUTION NO. S31S Marphy awved, White seconded, to adopt RESOLUTION NO. S315, a Resolatloa granting Maff Impact aoae, biaff setback, and average setback variances per the revised site plan, and sabjcct to staff recommendatioBS to constrnct a new home at 114S Sixth Avenne North. VOTE: Ayes 4, nays 0 PAGE 7 of 10 C MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. *10. ms-3089 THEODORE AND DEBORAH ROZEBOOM, 2967 CASCO POINT ROAD - VARIANCE - RESOLUTION NO. 5316 Marpky moved, White teconded, to adopt RESOLUTION NO. S316, a Resolution granting an average lakeshore setback variance, a 250-500’ xoae hardcover variance, and a bnilding- to-bnildlag setback variances for 2967 Casco Point Road. VOTE: Ayes 4, Nays 0 Ml. 805-3092 MATHEW HOFMANN, ON BEHALF OF CAMELOT CONSTRUCTION, INC., 1225 DICKENSON STREET ^ VARIANCE - RESOLUTION NO. 5317 Morphy moved. White seconded, to adopt RESOLUTION NO. 5317, a Resolution granting lot width, lot area, and side street setback variances for 1225 Dickinson Street VOTE: Ayes 4, Nays 0. M2. 805-3099 MARY AND MARNIX GUILLAUME, 3060 NORTH SHORE DRIVE- VARIANCE - RESOLUTION NO. 5318 Murphy moved. White seconded, to adopt RESOLUTION NO. 5318, a Resolution granting 0- 75* aiml 75-250* aoae hardcover variances and a lake setback variance for 3060 North Shore Drive. VOTE: Ayes 4, Nays 0. *13. 805-3101 JON AND JANE SCHWART2MAN, 425 OXFORD ROAD - VARIANCE - RESOLUTION NO. 5319 Murphy moved, WMte seconded, to adopt RESOLUTION NO. 5319, a Resolution granting an average lakeshore setback variance for 425 Oxford Road to construct an in-ground pool on the site. VOTE: Ayes 4, Nays 0. *14. 82461 BRYSON AND JOHNSON, 650-660-670-680 BIG ISLAND-LOT LINE REARRANGEMENT - EXTENSION OF EFFECTIVE PERIOD OF APPROVAL - RESOLUTION NO. 5320 Murphy moved. White seconded, to adopt RESOLUTION NO. 5320, a Resointion approving an extonalon of the effective period ofsabdlvislea approval to October 22,2005. VOTE: Ayes 4, Nays 0. MAYOIUOTY COUNCIL REPORT Murphy stated diat members of the City Council and City staff would be going to the State Capital Tuesday for a meeting with the Veterans, real estate agents, and representatives. He encouraged council members to avoid any negotiations or providing definitive answers regarding the Vet’s Camp site and instead express appreciation to all sides. Attorney Barrett stated that several issues with regard to the transfer of title may ^ up to several months to clear up. White asked whether the city had replied to a letter from the Citizens for a Concerned Navarre. I PAGE 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o ’clock p.m. (MAYOR/CITYCOUNCIL REPORT, Continued) Gaffron indicated that the city was formulating a response to the letter at this time. Acting Mayor Sansevere stated that the citizens group should be directed to the website on Fridays before Council meetings for information; just as any other private citizen is directed each month. McMillan asked what the date for the reconvening of the Board of Review would be. Moorse stated that he would contact the Council members about a date next week. Murphy stated that he would like to be provided with a list of road maintenance and repairs for the next 1-2 years. PUBUC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR’S REPORT *15. PLANNING COMMISSION REAPPOINTMENTS Murphy moved. White sccoudcd, to reappoint Marc Fritzler, Cynthia Bremer, and Travis Winkcy each to an additionai three year term on the Planning Commission, expiring on March 31,2008. VOTE: Ayes 4, Nays 0 *16. APPOINTMENT OF ISTS PROGRAM MANAGER Murphy moved. White seconded, to appoint WUUam Gibbs to the ISTS/Bnilding Inspector posidon, eflcctive May 16,2005, at Level 2, step I of the Snpervisory/Administrative pay schedule, which It $45,100. VOTE: Ayes 4, Nays 0. 17. RECOGNITION OF PAT WOLFE, PARK COMMISSIONER - RESOLUTION NO. - Moved to the front of the agenda. *18. DISPOSAL OF EXCESS, UNCLAIMED AND ABANDONED PROPERTY Murphy moved. White seconded, to dispose of excess, unclaimed, abandoned property through silent auction, charitable donation, and disposal as proposed by staff. VOTE: Ayes 4, Nays 0. *19. PURCHASE OF MEDICAL SUPPLIES FOR NAVARRE FIRE STATION/RESCUE VEHICLE Murphy moved, White seconded, to approve the purchase of medical supplies for the Navarre Fire Station/Rescue Vehicle in an anmnnt not to exceed $6,000. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT - Attorney Barrett had nothing to report. PAGE 9 of 10 J • r.MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25,2005 7:00 o’clock p.m. *20. UCENSES SALE AND/OR STORAGE OF CONSUMER FIREWORKS 1. Applicant: Todd Andenon/Snyder Drugstore Lotion: Snyder Drugstore - 2380 Shsdywood Date: June and July, 2005 Time: Monday*Friday, 9:00 am- 9:00 pm .Sabaatoy, 9lOO am-7.L00.pm______ Sunday, 10:00 am - 6:00 pm Mnrphy moved, White seconded, to approve all Lkenses and Permits. VOTE: Ayes 4, Nays 0. *21. DILLS Mnrphy moved, Sansevere Ayei4,NaysO ADJOURNMENT ndcd, to approve payment of the All Fnnds acconnt VOTE: Acting Mnyor Sansevere moved, Mnrphy seconded, to adjourn the Orono City Council MeetIniofApril 25,2005 at 9:10 P.M. VOTE: Ayes 4, Nays 0. "U '/■IHAMIM >s.. 3107 ks 3073 3074 3060 3106 3103 A, tx -%r- a z AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 9, 2005, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, OUONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by tlic City Counci under the Consent Item* on tlic agenda. Memos regarding eacli of the Agenda items arc availatric in tlic Public Packet - located on tlic counter near tlic sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA MAY 9 2005 CITY OF OliUwO 1. Approve/Ainend APPROVAL OF MINUTES * 2. Regular Council Meeting of April 25,2005 PARK COMMISSION COMMENTS - Jeff Soderstrom, Representative PLANNING COMMISSION COMMENTS - Jim Leslie, Representative PUBLIC COMMENTS - (IJniit 5 Minutes Per Person) ZOl\TNG ADMINISTRATOR'S REPORT / 3. #04-3060 Michael and Donna Ebertz, 1220 Tonkawa Road - After-the-Fact Conditional Use Permit • 4. #04-3073 Oavid and Joann Pomije, 801 Tonkawa Road - Preliminary Subdivision - Resolution • 5. #05-3074 Scan and Melissa Wambold, 1379 Park Drive - Variance and Conditional Use Permit ■ Resolution 6. #05-3091 Catherine Sallas, 3635 North Shore Drive - After-the-Fact Variance 7. #05-3103 Jack and Kan Olson, 1966 Shadywood Road - Variance 8. #05-3105 Peter Martinson, 4460 Forest Lake Landing - Variance - Resolution 9. #05-3106 Cindy and Brad McDonnell, 1420 Baldur Park Road - Variance • 10. #05-3107 Scott Bissen and Michelle Morey, 825 Tonkawa Road - Variance and Conditional Use Pennit - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 11. Change Order #2 - Lee Carlson Baseball Field Trail Project 12. Accept Quotations 920 Brown Road South Sewer Extension CITY ADMINISTRATOR'S REPORT 13. 2004 General and Special Revenue Funds Budget Amendments and Temporary I..oans 14. Cooperative Agreement Regarding tlie Roadway Planned to Serve the Paiic Ridge Acres Development in Medina CITY ATTORNEY'S REPORT ...... Date Applicalioil Received: 09*22*04 Date AppUcelkm Conplete: I1-0I-04 60>Day Review Period Eipirattoa: OI-OI-OS Biteuioa: 05-16-05 MCCTiWrs MAY 9 2005 CITY OF OMONO REQUEST FOR COUNCIL ACTION Date: May 4,2005 Item No. ^ Dcpartncal Approval: Name: Melanie Curtis ||^ Admiabtrator Approval:Agenda Section: Title: City Planner Item Description: #04-3060 - Michael A Donna Ebertz-1220 Tonkawa Rd - Aftcr-the-Fact Conditional Use Permit & Variances Zoning Dbtrkt: Lot Area: LR-IB, One Family Lakeshore Residential, I acre 1.07 acre (46,710 s.f.) Lbt of Exhibits: A. Council Action Notice 12-14-04 B. Survey A Revised Plan 12-04-04 C. Council Memo A Exhibits of 12-08-04 D. Council Minutes from 12-13-04 Application Summary: Applicants are requesting after-the-fact approval of a conditional use permit in order to construct a boulder wall, re-pnde the lake yard, and a hardcover variance due to the increase in the hardcover percentage with the square footage from the proposed rock walls. The applicant is proposing to increase the hardcover within the 0-7S* zone from 7.84% to 8.7% (or 134 s.f. ^ditional). This application was tabled at the December meeting in order to allow for a site inspection afrer the snow melted to verify hardcover. Staff has conducted the site visit and reviewed the file history. It appears that over the years several applications were made by the previous owner and approvals we granted requiring specific hardcover removals at different times for a gravel driveway, a lakeside deck and grade level lake deck, and a shed. The resolutions granting approvals and requiring removals were not signed allowed to expire, and therefore are not valid. The projects that required those removals were never commenced. Plaaniug Commbsiou Recommendation On November 15,2004, Planning Commission voted 5-2 on a motion to approve the afrer-the-fact conditional use permit and deny the after-the-fact hardcover variance. The recommendation was to allow the most lakeward wall with concurrent 0-75’ hardcover removals and to deny the addition of any other walls except for those determined by the Engineer to be crucial to the integrity of the lake ya^. : * fi The ^jplicants have submitted a revised plan meeting the Planning Commission’s recommendation regarding the walls but does not indicate the locations, if any, of the applicants ’ recommended concurrent hardcover removals within the 0-75’ zone. A revised plan should be submitted indicating where the 0-75’ zone hardcover will be removed to allow for the additional 134 s.f. of wall hardcover. This plan has not been submitted. Planning Staff Recommendation Although the 0-75’ hardcover removals required in the past were stipulations of resolutions which have expired, staff feels that certain items of existing 0-75’ hardcover consisting of the 6 ’ wide gravel path, 4.5 ’ X lO’shed, lakeside decks, and wooden platforms is excessive and uimecessary. As part of the applicants ’ request for lakeside retaining walls the Planning Commission recommended that equal portions of existing 0-75’ zone hardcover be removed to offset the additions in hardcover caused by retaining walls. Staff would recommend perhaps a 2:1 or 3:1 removal of nonconforming hardcover. The gravel path to the lake consists of 800 s.f. of hardcover, the shed is 45 s.f., and the decks at the lake consist of 305 s.f. of hardcover. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting the Council’s action for approval at your May 23"* meeting. •v. -Y • ’ -* -:/*v. ‘. - - - ‘ t ' n’' ^' ■■ *' ' i 1 '=*4 •* * '■ vw-T’ I- • . V* 1‘ . ... • .•v;; * -5 ■ j i a ■ • •■»■ m ^-1.. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Cryital Bay, MN 55323 (952) 249-4600 ZONING FILE 04-3060 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 14,2004 TO: Michael & Doaaa Ebertz COPIES:Cindy Kist 1220 Tonkawa Road 1077 - 22"’* Ave SE Long Lake, MN 55356 Minneapolis, MN 55414 TYPE OF APPLICATION: After-the-Fact Variance & Conditional Use Permit DATE OF MEETING: December 13,2004 VOTE:5 FOR 0 AGAINST Molloa: To table the q>plication to the January 10,2005 City Council meeting. The applicants should meet with staff to ^scuss hardcover options for the property prior to the January 1 0"* meeting. If you deaire certified copies of the official Council minutes, they are available firom the City Clerk afto review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. 4 1. ■ •U.V.--V • V a '-r I i iiiiin'i'iiiiJii Date AppHcatioa Received: 9-22-04 Date AppHcattea Conpiete: 11-01-04 (0-Day Review Period Expiration: 01-01-05 REQUEST FOR COUNCIL ACTION Date: December 8,2004 Item No. DapartaieBt Approval: Nana: Melanie Curtis TWat City Planner Administrator Approval:Agenda Section: lien Description: #04-3060 - Michael & Donna Ebertz -1220 Tonkawa Rd - After-the-Fact Conditional Use Permit & Variances Zoning District: Lot Area: LR-IB, One Family Lakeshore Residential, 1 acre 1.07 acre (46,710 s.f.) List of EdUbits: A - Revised Plan 12-04-04 B - PC Action Notice dated 11-19-04 C - PC Memo & Exhibits of 11-09-04 ApplicatioB Summary: During September 2004, in an effort to stop the erosion of their lakeshore, the property owners hired a contFKtor to re-grade the lake yard and install boulder rip rap and boulder rock walls without City permits or review. Upon receiving notice that City permits were required, the property owners applied for an after-die-fact hardcover variance and an after-the-fact conditional use permit. Applicants are requesting after-the-fact approval of a conditional use permit in order to construct a boulder wall, re-grade the lake yard and a hardcover variance due to the increase in the hardcover percentage with the square footage from the proposed rock walls. The applicant is proposing to increase the hardcover within the 0-75’ zone from 7.84% to 8.7%. Plmming Commission Recommendation On November 15,2004, Planning Commission voted 5-2 on a motion to approve the afrer-the-fact conditional use permit and deny the afrer-the-fact hardcover variance. The recommendation was to allow the most lakeward wall with concurrent 0-75’ hardcover removals and to deny the addition of any other walls except for those determined by the Engineer to be crucial to the integrity of the lake yard. j The ^^licants have submitted a revised plan meeting the Planning Commission’s recommendation regarding the walls but does not indicate the locations, if any, of the recommended concurrent hardcover removals within the 0-75’ zone. A revised plan should be submitted indicating where the 0- 75’ zone hardcover will be removed to allow for the additional wall hardcover. Plaaaiag SMff Recommendation ^iproval of the after-the-fact conditional use permit and denial of the after-the-fact hardcover variances per the Planning Commission recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting the Council’s action for approval at your January 10*** inc6tiiig» .« ■* ' It. ■1.^ ■'iF' ■' ijyr '.li 'i^ ifkiir -I *• \**^»*«<»-.iir ^ ■e ir»i»#» * !i ! . • i'^^ 0-ggtyy _•:* V.; ■•■; ?V w m:J f ft-.; ■ •‘ A 4 WJi '4 CITY OF ORONO 2750 Kelley Parkwey POBex66 Cryital Beyi MN 55323 952.249.4600 ZONING FILE 04-3060 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 19,2004 TO: Michael A Donna Ebertz 1220 Tonkawa Rd Long Lake, MN SS3S6 TYPE OF REQIJEST; J>ATE of MEETING: Variance & CUP November 15,2004 Plaaning CommUalon recommended at follows: . a u r * To approve the after-the-fact conditional use permit and to deny the aner-the-iwt hardcover variance. The recommendition was to allow the most lakeward wall with concurrent hardcover removals within the 0-75 ’ zone, and to allow no other walls except those that are crucial to the integrity of the lake yard. VOTE: 5 FOR 2* AGAINST * Commissioner Bremer, Commissioner Leslie Applicant’s next scheduled meeting is confirmed as: City Coancil - Monday, December 13,2004 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minute, they are available fiom die City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. -r .1.. •..* n i: isfisii if !! ‘ .••• I FILEMM-3060 9 November 2004 Page 1 of 4 Date Appikaiion Received: 09-22-04 Date Application Coniidered at Complete: 1 t-OI-04 60>Day Review Period Eipiret: 01-41-tlS To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis. City Planner November 9,2004 Subject:04-3060, Michael & Donna Ebertz, 1220 Tonkawa Road, • After-the-fact variance and conditional use permit request • Public hearing Zoning District: Lot Area: LR-IB, Single Family Lakeshore Residential, 1 acre 1.07 acre (46,710 s.f.) AppUcatUm Summary: Applicant is requesting after-the-fact approval for the following; 1. A conditional use permit in order to construct a boulder wall, re-grade the lake yard. 2. A hardcover variance is also necessary due to the change in the hardcover percentage proposed. The applicant is proposing to increase the hardcover within the 0-7S’ zone fiom 7.84% to 8.7%. Staff Recommendation: Staff recommendation is for approval of the application subject the following: 1. Submittal of a plan which shows the elimination of the upper tier of walls to the greatest extent possible; and 2. Compliance with the City Engineer's recommendations; and 3. Any additional conditions or revisions Planning Commission may wish to add._____ Pertinent Zoning Ordinance Sections Sec. 78-966. Land Alteration; Prohibited. It is unlawful for any person to build, alter or repair any seawall, retaining wall or otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. Sec. 78-1250. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. The following additional evaluation criteria and conditions apply within the shoreland overlay district: 1. Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a) The prevention of soil erosion or the possible pollution of public waters, both during and after construction; b) The visibility of structures and other facilities as viewed from public waters is 1 FILE«04-3060 0 November 2004 Page2oT4 limited; c) The site is adequate for water supply and on-site sewage treatment; and d) The types, uses and numbers of watercraft that the project will generate are eompatible in relation to the suitability of public waters to safely accommodate these watercraft. Sec. 78-1282. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Sec. 78-1286. Topographic alterations/grading and filling. (b.) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary hi^ water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. Sec. 78-1288. Hard cover limitations. a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 pacent hardcover. List of Exhibits A. Applications B. Ha^hip Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Landscape Plan and Contract fit)m EvBek Lawn and Landscape dated 09-01-04 G. Letter from City Engineer dated 09-28-04 H. Letter from City &igineer dated 11-9-04 I. Letters fiorn Staff dated 10-04-04 & 10-26-04 J. Inspection Photos K. Aerial Photo L. Memo from Orono Plaiming Director dated 11-10-04 M. Property Owners list N. Plat Map Backgnmnd During September 2004, in an effort to stop the erosion of their lakeshore, the property owners hiiisd a contractor to re-grade the lake yard and install boulder rip rap and boulder rock walls without City permits or review. Upon receiving notice that City permits were required, the property owners applied for an after-the-fact hardcover variance and an after-the-fact conditional use permit. The applicants were unable to have a survey ! FILE#04-3060 9 November 2004 Page 3 of 4 conducted or a landscape plan prepared in time for the October Planning Commission meeting, and have now submitted the information in time for November review. LOT ANALYSIS WORSHEET LR-IB Lot Area Lot Width Required 43,560 s.f. (1 acre)140’ Actual 46,710 s.f (1.07 acre)200 ’+ The property is located on a peninsula. Hardcover Calculations: Hardcover Zone 0-75 ’ 75 ’-250 ’ Total Area In Zone 33,320 s.f. 13,390 s.f. Allowed Hardcover 0s.f (0%) 3,347.5 (25%) Existing Hardcover 2,612 8.f.* (7.8 %) 4,137 s.f. (30.9%) Proposed Hardcover 2,904 s.f. (8.7 %) No Change * After exclusion of fabric or plastic-lined landscape beds Hardcover Setback Variance Approximately half of the existing home, decks on the home, and decks at the shore, and wood walls within the 0-75 ’ setback zone constitute the existing 7.8% hardcover. The proposed boulder walls and re-grading of the yard were conducted in part to eliminate a sloped area at the shoreline which was eroding and to allow for a flat yard area between the home and the lake. Hardship Analysis Is appUcMl»H$ for varloHCO, the nottning Commisston sholl consUer tko effect of the propoui vmrioHce upon the heolth, safety oh4 welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, end the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisious of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideratlen, and shall recommend approval only when it is demonstrated that such actions will be in keying with the spirit and Intent of the Orono Zoning Code. Should the Planning Commission determine that a hardship exists due to the challenging lakeshore portion of the lot potentially requiring the boulder retaining walls and the location of the home with respect to the 75 ’ setback then a hardcover variance may be justifled. Conditioaal Use Permit Analysb A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site have been made as required by code, and are addressed as follows: I dutmi I • I I ■ .1 't % FILE«04-3060 9 November 2004 Paoe4or4 The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The property owners have taken steps to address possible soil erosion during and after construction. Silt fence will be provided until all disturbed areas have been completely re-vegetated. The visibility of structures and other facilities as viewed from public waters is limited; The submitted plan does not propose any screening of the lower boulder wall from the lake. As designed, the lower wall system is too close to the rip-rap to allow for shrubbery screening. The site is adequate for water supply and on-site sewage treatment; Not applicable. • The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft; Not applicable. City Engineer, Tom Kellogg, has reviewed the site and has provided staff with a recommeiulation based on the most recently submitted plan (the letter is attached as Exhibit H). Planning Director, Mike Gaflron, has provided a memo suggesting that the upper retaining wall be omitted in favor of a graded slope that will appear more natural (see Exhibit L). Issues for ConsMeratlou 1. Does the Planning Conunission feel that the boulder walls as proposed will have a minimal impact on views of the property from the lake, or should additional vegetative screening be utilized to shield the boulder wall from the lake? Should the upper wall be eliminated? 2. Are there any other issues or concerns with this triplication? Staff Recommendation Planmng Department staff recommends conditional approval of the proposal subject to the following: 1. Submittal of a plan which shows the elimination of the upper tier of wails to the greatest extent possible; and 2. Compliance with the City Engineer’s recommendations; and 3. Any additional conditions or revisions Planning Commission may wish to add. City of Orono A Variance Application I m esHoj Sfreef Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55322-0066 Application # O Date Received: 4-2 Z -Qt-t Amount Paid: f^pV ~tro Staff: KA/Jl<i^i4L. $600Fee: ______ Renewal: $300 After-the-fact: $1,200 Double Fee S > t*t'. f’i 'i This application form must be completed in full. App leant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. I PROPERTY INFORMATION: ^ ^ i Site Address: 13,3.0 ____________________ Property Identification Number (PIN): iX ~ !/'I -3 • ^ji. • • O^O I (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): Wj □ Yes, I own the adjacent parcels. Present use of property: Residential □ Oiher __________________________ Zoning District: f ^_________ APPLICANT INFORMATION: (Complete legal na.res and marital status required for each interested party) i Name: ^nZSlkt c*‘/7p. Phone (home): - <4ni - Phone (work): (<-V ^ ^ Ws - IL /)0 Address: fJ>Lui lYifV _____________ Email: ’ Fax: __________________ I* i K - OWNER INFORMATION: (Complete legal names ar.d marital status required for each interested party)MATION: (Complete legal nami Name; ).V-. Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST:Estimated Project Cost: TZpT^ Describe the request in detail (attach additional sheets if necessary): ______________^ _______ A VtiiL phrn\ .L'Ul'ik 'illLOoh^<-r\ ^ dtHr\ 11 cyj'\ ) ^ qUA Comvrn CtX^i J btutH /.u 67^1/k. aJ/j . /iU. j Ht) p rp^/ydX-. 'Io^lua ujyuoui^^ qrc'iAy cycL^:> ((iuji tv 'avw-cu. ^aictue~l dl fxqjLA ry\jb},\- kl^hCdJlH^ , ^ lUc \JSSIUS aUi to M oohi^ ^ ^ fuMiu prtATuo-(L4^om /aJcLf>ci^_ tft's ,___.d3i. n.Ajt ^jlAL ~h alilAC; 'UAt* I 4/a» /qnnLnjB/ ^Jn/<uyir< CUA rtuJu A/U qiM srg)y ' fi joJul' /i j\A f ]AAj^^ pj> A/I ^ rijQ /iAMo ci^ci rjA u" » r nreW ^(iiJLA ft' ^\a/xAjI rnm ^ piL'N^'i; ilv L-..A' REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date In order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form . ^ □ Completed Hardship Documentation Form □ Cefttfied Property;0^^ers List -(^rier^swithin ISQ^oTthe subjectproperty, labelsr-and plat mj iSt. labels apd ma^Kmay b^obtainedv^rgr^ Henn ^in County Departprent o^Fi^rl'ce, 'GoverrmtfiDH5enter, A-603-300 South 6**’ Street, Minneapolis, telephone 6T2^348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5“ x 11“ or 1 r X17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x11"orH"x1 7"). □ Additional items may be requested by City Staff depending on the scope of the project. " APPLICANT'S ACKNOWLEDGEMENT: .) ^ ^ n ~ The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pa y additiona Lfees (staff time not covered in the original fee payment) andZsjL consultant expenses incurred in review of this application and certifies that the information supplied is true and correctlo the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until It is complete or to recommend the request for denial of the request regardless of itepqtential merit Applicant’s Signature: Applicant’s Signature:iU Date: Date: / / OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: IAA/i C^. ^__________Date: Owner ’s Signature: .......... ^ Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. 'v »••••. . •' i I ■ * 1. CITY OF ORONO - GENERAL LAND USE APPLICATION Application# OVSoUO ‘ Date Received Amount Paid PROPERTY LOCATION Site Address ___ Type of Application to be Filed ION ,i , C)i'o)\Q yV r\J o be Filed L^^yVocCtioyuxi' /M i alCIF ~ Property Identification Number (P.I.D.) - //*v L 1/ Phone (home) •• - 3^/ Addres s )Jt>0 TrStv/Cr^ i.i. j ' i Phone(work) ffSc> ) - /(/?<;) 6’ City (9vr^vU- Zip Vj> OWNER (if different than applicant) Name______________ Phone (home). Address ___ Phone (work) _ City_____ Date Property Acquired Zip. I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - (month/year) $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration -*■ Permit ____Grading and filling - designated wetland or floodplain Grading and filling - 501 cii. yd. or more ^ Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PI D - 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 scheduie) $600.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule i jam REQ^ED SUBMITTALS 1.Completed Application Form. Describe request in detail. 4. 2. Describe request in detail. ^ ^ \ 3. \/ Certified Property Owners List of owners withinf35^f the subject property, labels and plat map. List, labels and map ma^rbe^btained 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). ' r'^c( /J O' ‘ ' 'h ____. List of the legal names (include marital status) of all persons with an interest in / r a .'j.' 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. 5. 6. 7. 8. 9. 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 ; I' The applicant hereby agrees to provide ail information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered t^originai fee payment) and/or unusual expense^incurred in review of this application^ and certifies that the information supplie^ is tru|^ and cgixect to the best of his/her knowledge. Applicant's signature ‘ ^ ______Date Q ri i 1^/ ___J OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council memb^ for purposes of investigation and verification of this request. Owner's signature 1 /\ “ Date ^ CityApplkSmm|ist have all si)6mlhals into the City offices 25 days before the Planning Commission Meeting (/?■/.- 4on Meetir f Plann^j^^^nlysion Meetings are held on the third Monday of each month. Applicants must be present 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. •• r », V:V I 7 .*• • it rr <u) -‘.J \J %j.i.‘ MichaelJ. Ebert^ M.D. Donna JL Ebertr^j Es^. 1220 Tonkawa Road, Onao, MN 55356 (952) 471-3427 September 22,2004 VIA HAND-DELIVERY Orono Planning Commission 2750 Kelley Parkway Orono, MN 553S6 Attn: Melanie Curtis Melanie: Pursuant to our discussions and meetings, attached for review and consideration by the Orono Planning Comission are the following: (1) Variance Application, and (2) Application for Conditional Use Permit. Also enclosed is the $1200.00 application fee. As you are aware, we are seeking to preserve our lakeshore from ongoing erosion. To do so, we seek to add to existing boulders along approximately 25 feet of lakeshore. Further, we seek to level a small portion of land (between our deck and the lake drop-ofi) and plant perermial vegetation there (as this area of land has been unable to grow grass due primarily to erosion, lack of sunlight and lack of proper sefdlm/vegetation). In addition, we would like to add small retaining walls to further prevent erosion along our lakefront. Oitf landscaper, EvBek, has p- spared an illustration of the proposed work, along with a written description in the form of a bid/proposal, both of which are enclosed for your review. In order to complete our application, we have requested a Certified Property Owner’s List from Hennepin County. A list, labels and map will be mailed directly to your office within a few days from Hennepin. Please forward the $25.00 invoice to us (which Hennepin County will be enclosing with the information). Should you need any additional information, please do not hesitate to contact us at the above telephone number. We appreciate your time and consideration. We are optimistic that the City will resolve this matter in an efficient and fair manner. Sincerely, Michael J.vEbeitz, M.D. Donna R. Ebettz, Esq. a: Page 1 of3 HARDSHIP DOCUMENTATION FORM L 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 hards nip 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 dete .nining 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.* /~‘iiL>^ k 1/L.<h&y <- c..-? ^ a-tioi > /rt_ inli pIpfiuiCa f A U n/.\ a d Tfi.ro /t\ J__________ 2.du^Td created by the landowner. to circumstances unique to his property not created by the lanoowner." "Jht U U ^dlVDccnu' itci. oh I 3.The variance, if granted, will not alter the essential character of the locality." . _ 0/iA l i A Jli r>ini/)r^ » n d At iichn f hr^uJApAyO /.<-*/ / K ' lo-Ad fTck 4.1 "Economic considerations alone shall not constitute an undue hardship reasonable use for the property exists under the terms of the Zoning Chapter.' /LO'/' CLfi>V\lC.rii.hU ,_______ U F» r)ifr \ — **- 6->C3 Page 2 of 3 5. 6. 7. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” ■The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." m Li ^>0 i/A ftjb A CfYUL^ iitiQ 0 f^o ^ /rrn . A ) /Up,' iv / /tow )■ n A I/)U^>^■s>^Le If ,■P.i^r/lA.r'U.j /tow ). n_A t ofvcvyitindL /•=>/yb'v^U^ , "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." l/lxf a.pf hi:,UyiC ■____________________________________________ EMl* 8. 9. 10. 11. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." TA2}Uini b j1 S^.(2,KfJ/2l> (jel\dirh(/n U /^s.7f)C^LtiL% kJrrA f ]i({AliyMd\ utL'Ut.jj/LO f?l^H Ut\^ I Lj. "The conditions do not apply generally to other land or structures in the district in which said land is located." ^ . i , <nAiriyy\ l/Lt4/yy ^ riXAjiAxA t _______ /I'4A'iui. A //IA-^/ "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." . .yp inSUW/ ---------}&'CAAkU^AH<.j^ 1/1 t'tdaliJMA iO LU-\/ltft it________ fUitL\ "jculuL oi' qC- e.rc'.wv^t. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning j^de." iL^iH AfLiv (>fkx:U ^ CUU1 c'h fnii a,miniu iut)/j iH f \LrfoU'- V I'fU-tynb /i,W r ZyL^ij>4tA\i- ~ Vf viioi Cd4i . ^ .V • * * V . / > ..* .1 vy^v Page 3 of 3 L 12. *The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. TC UJt II QjjJ/vi ,>«i ^ ^ ' uii\AA^VUUi i/3 ahit Vo ^t'rruLiid \i\im ir-. Va^iiiviu, /u^ . ct//7( orythtv^uL io e^^^-eu a/» 4 tu Oif^dJhlL h bt Udbiitui, h\ 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 wHh Zoning Ordinance requirements in the following lines (attach additional sheets if necessary). , ^ hehtnApj^ (I ifUn - (^iry\f7r/m iaa I/d/. hjjnrt/ y.y o.ytri±KA uJtii t'yy[dhiiy^uuL^ ’’h ----------:c/-\ , Yin^ Hm .. iif’SUfL ... ... -hiM ^ / tnuy r f- Aaj f/n jjffhiA fiAjufid)A Y ( i-,. ! rilitif . 0^r/-c/i> k\ f icuncl m ^ Lu^-hoyj A5L VAXA^L ^ ^ fci'iCi . ARV i HUtAyiU'*! 1 Sk\^^ ^mMA (K cu? 'p) pieirit/i/ jjTir^TT''* Uic^h^ . / ■ V ■vi:;. ■■■ •1 r •' ( • COKW UAHK ftanr>*ii£At. i.M<«U0nc« AH VMtH^WUP* IWMl WPP HYPWPliPtAi JliPnPXgBiP ^*AiA 5 PtAWr 4^P.A. Hf/>MiTHPij< wKrmii-'«nMk PPIPAWA. If PHI-^iPA *A%Ml*j!6£MI f PH •MM H pUMOOM^PIAIM lIA I iPr—A Mmit •fLAOr HA r>%AM oc«l0B*mUfr *H0UMnU#*•SCAII £ TY tPiM# H HAMA^TPamav J PLAOr WJ /^wic'Bu cppavT jumniL 11J31Mcmv A PLAlirA'flb^ >m*A a»Ma' autiM^f IAM>*K.Puuir i§*A£. &«#AMMILL 4MUHJUM MPAUIM M4MIIUAUH IM.IP PLAMT HP »> liMTA HP^fWA *PM«4 1^II ^\Aiir tp'M. HM K^4j*itair - j^i - -MPPIA 1 iftTi (0 PCAkir a4*«^c». m . ?■ |4mTA 'MVAC MAilbMK^7 ^i>ur »K«c. jp tA^iNPp mMjrm>fmi ATIMJUM liPAPllKAlM'PIcnJM' .l«MU •PIAHT £t*A6. iLiP^MAlffta iimCIIMWI* MMiJ*riAMT M«wi*i6t>>«inniMcr»>i»ifc i»>4.IP pnAur M'aa ... -. I. J 2 « 4 k I 'r )r ■VtWA s. \ V . '%TTO.V/. -I- ^,O.W. a\K 'avi I /'I |/^ /i'/^ i?"r ^X'l‘5rTlUdi |eip paf / TTO.W. ------CT3^« / / / / / ft«<'«nudb ir^ V- V: '.‘i ^ f. <>• -•. ■v._. \ 7 H Cz P ^ •wau<M» •:T3IA^ji 3 M c.-%. « » ■. I. W,*-' '.. * ■' . . I nktirhMifii j. fiiiMii ^ *• •»« ./ •• /. I* i ^ ...4* ir» ^ ■ 4K^ f- • • m m trf..b S(/9 Z HARDCOVERCALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXTSTINC HARDCOVER IN ZONE A. House 75-250* 250-500* Lbi^Widih X X X B. Oarage C. Driveway X X D. Sidewalk X X E Patio/Deck wtat »• • X X Zl9>i4t<esioe okj «c F. Landacape Underlain By Plastic Or Fabric X X X 0. OUier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZONE' A House Lffiflh X X X X B. Oarige C. Driveway X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underiain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER INZONE TOTAL PROPERTY AREA IN ZONE A + B ss B X100 - WidiK X 100 500-1000* 603 S.F. IZI0 305* 2T7 Z(,IZ. 33 32j 0 qM z-n uio 7X-7 7. T77J7TU ( S.F. S.F. S.F. S.F. - _ otAcurfiPs.F.“ oaiveufAf S.F. S.F.-c^e.UMtUi S.F.'PCA ** s.F.-oecxj S« S.F.-0fiu<s Arrio S.F. S.F. S.F. - - ueeqAMC BM 0*CI4 SF. A S.F. B- V. S.F. S.F. S.F. S.F. S.F. S.F. S.P.- S.F. S.F. S.F. S.F. S.F. S.F. ^^\0^ . S.F. 5.F. A B iX. •» • ••• •$* • av * * w Ai>o St>» 2 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTINC HARDCOVER TN ZONE A. House 0-75" X LtfifUl Its6 X X X B. Gtrage C. Driveway X X D. Sidewalk X X E. Patio/Deck 4/b • • • F. Lendseepe Underlein ByPlutio OrFsbrio X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______ + B PROPOSED HARDCOVER IN ZONE' A House Ufiilh X X X d. Osrtge C. Drivewsy X X D. Sidewsik ■ F X X E. Palio/Deck X X F. Landscape Underlain By Piastio Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ + B iiSiBL. TIQISV) <^S-25^2S0-S00' Width 9. 2.9 X too Width X too - 500-1000' 907 S.F. - H<?w SC I 03 IIA ^0.9 S.F. S.F. S.F.-SMfO S.F. S.F. laivCHMjr ’ S.f.-conc, w»uc S.F. S.F.-OEdK e. S»- s.F.-occit.0 S.F. S.F. S.F. S.F. S.F. A S.F. B Vo S.F. S.F. S.F. S.F. • S.F. S.F. S.P.- • S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % ....-------A- ¥h vBelc I . 1V \ n I .uulsi ,\ }U 763-577-0575 PROPOSAL SUBMITTED TO: • RESIDENTIAL A COMMERCIAL • LANDSCAPE DESIGN & INSTALLATION • BRICK mVER RATIOS • RETAINING WALLS LICENSE0& INSURED n »TrPOSAL-CONTRACT Da.. '7-'/- WORK TO BE PERFORMED AT: £z.^/<rKJS- S7SRP£eS iMrff Oft-zuTOvU yvA^TVA^ ST2>/\j€_ CJH^ ^ tr /)^n^3L AOORl CITY, STATE CMTE OF PLANS /<^^50cr7U)ita;^ s^/k Hi/ V^Uj uj/U^J'lrys^Tp.uCJ-' ^ig: l4j/’^ , M/£^ ^UrnJL.a A(f j^j^_ 17^. /44»x,^ ey/f 7T/£^ S^J^ ./Ttyr~ ^ j^jTsCAJ /7^irmaxm. ^ 4?£rt.C'O ^70 V^A a— /C^/77cJLtui^t ^ fAlGfTA'U . . /. ^ 5'-7—'N/id ^zy?: ~ ^ /2^^iJU,^< ykiJ/^Oisan »> ^ ^oTT olJ ' AN material is guaranteed to be as specific, and the above work to be completed in a substantial workmanlike manner. ____________ _____________________________________Dollars (i i ^ ^ ^ with payments as follows: _________ IswIwpItH psynwni «tfl Iw dm al oowplsion ol M) uniMt oSwnWw ■pacMM. Any Qg. ewwions Of dsiAsllonlwiinipselloaSowInvDMnswrtwicoiliiWIte—wAid only upon wrMon otesr, and «a booomo on onSa ohafpo o«or and obow Sw aoSmolo. Al Lawn & Landscape ACCEPTANCE OF CONTRACT The above prfoes, spedflcBtlons and oondWons are sattsteciory and are hereby accepted. Vbu are authorized to do M work as specMed. Pey mente nAI be made as outlined above. The proposal does not become a contract undt alt paiHee hava agreed ^ signed. Date.. :-8l(ptalure.•V mm * f'X » « ^ ~ 111 tf ' • *.♦ 1 ^ V •V:sv kr>.* V ; ^ k ../V* >* * J /■'• ,r « ( • M I •^•a *<• •«a•*«■«• ^sw ••• • •■ a* • Vm> a I * -.-T^•Si:■p.\nh>:O O. -5> -4) ,(S> p © -9 • <? ,cp '^■ fcz:::®': iZG??;-COC50 © \4r^r -'r-6? ...,..a^ a™...;^Y..i---------- J-fy*^-;-:-.....-••:• « ■« » .. /;)K • .0 SUlE. . ..........|f^- ^ /' * •Wisr/' ■-z ft,/ (fi)• * 'a?—..........c5> • ‘ •’*"• ■ ■•"’.fj ' ■ ■ /■ ’* " ...................................................................* ' *■ ' * - - a a\^ a.^a . 7^ * / j 6>_ » »* •«o V'a a ■• a*««>a .a .3r«a- a ®.....(5). _ -yrC. ..^.1 • »«• »« m t m ^ 9m m e ‘ffi • 0€0 \... ■tn a^ •#•*•<• a. i • • f—' I » » •»•• ("V •j* 1* • • . i a*« a *4^ •• J . I ;. a* •»• VO, D ® ^ 9 Q a*aa ..“.•.-aau.. a a •■>.• '*■»*- a a • ^ 0£X.K^ • • m•• • • # • • • I • I I • Oi • • • m •••• • CV-'v-rl- «•«•»••• Sa* **) •.••*••• •••• ♦ (27 -CT/k7*JT0<O.. • •. - if _. - .....- - . . 7.V (3)- j4^£A)fc.-54-/l»i'vr<^0 ^4' 0^ CkidOfS p-KpotSM H<^ar^ Q A'lctHK^ /AsTyf- V'VKAiMmso • - • is\ • ,'V a ^i/^iA^- . 4 .> ■! « ll>. POQjt:0^ ^ * #f^0 60 4 i H. Bonestroo Rosene Anderlik & Associates Engineers A ArcMtects 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 65I-636-I3II wwwhonestroo.com ex.ei September 28,2004 Ml. Melanie Cuitii Planner CityofOrono Peat OflBoe Box 66 Ciyilal Bay. MN SS323 1220 Tonkawa Pile No. I39-04-I Plat No. 04-3060 Dear Mehnie; We have reviewed the iketdi plan for the proposed grading and shoreline improvements 10 the property located at 1220 Tonkawa. The propo^ improvements include the construction ofretaining walls and associated site improvements along tfie lito side of die home. We have the following comments with regards to engineering matters: • The proposed sketch does not provide sufficient detail for us to comment on. A detailed plan should be submitted that includes existing and proposed contours extending SO-feet beyond all lot lines. The plans should accurately show topography including all lot lines, existinr '*s, buildings, retaining walls and any other structures and hardcover. • The plans should include at least three sections showing existing and propo levations between die lake and the home across the frontage of the property. s Additumal retaining wall information should be provided with the revised plans. At a minimum the proposed wall type should be identified as well as die proposed top and bottom of wall elevations. The plam should clearly identify existing and proposed walls. Any walls that exceed 4-feet in height require a separate engineered design and d^l subnuttal. • The plans should iiKlude erosion and sediment control details and detailed planting and restoration information. If you have any questions please call me at (6S1) 604-4863. Yours very tiul^,I BONESTROO, ROSENE. ANDERLK A ASSOCIATES. INC. Tom Kellogg Ce: GregOappa,CityofOrono • St. Paul. St. Cloud, Rochester. Wlllmar, MN ■ Milwaukee, Wl • Chicago, IL AcliorVt^^f OpportuiUty Employtr «nd Cmploy«« Owned J^Bonestroo g^Wosene vv AnderlHc & Associates Enginee rs & Architects 2335 \Xtost Highway 36 « St. Paul, MN S5II3 Office: 651-636-4600 • Fax: 65I-636-I3II www.bonestroo.com received November 9.2004 "MBBt NOV 1 0 2004 Ms. Melanie Curtis CffV OF ORONO Planner CityofOrono Post Office Box 66 Crystal Bay. MN SS323 I Re: 1220 Tonkawa File No. 1.394)44)00 Plat No. 04-3060 Dear Melanie: We have reviewed die final plans for die proposed grading and shoreline improvements ‘o die property located at 1220 Tonkawa. The pnqwsed improvements include die construction of retaini’-ig walls, plantings and associated site improvements along the lake aide of the home. The plans are acceptable from an engineering perspective. Erosion control measures should be installed, inflected and anpT/ved by the city prior to any work onsite. If you have ai^ questions please call me at (651) 604-4863. Youii very truly, BONESTROO, ROSENE, ANDERLOC ft ASSOCIATES, INC. /or^ Tom Kellogg Cc: GregO^ipa,CityofOrono ' • Sc. Paul, SC. Cloud. Rochester. Willmar. MN • Milwaukee. Wl ■ Chicago. IL AffirmMivft Actlon/MiaftI ORRortiawIty tmpksyvr and Kmployaft Owfiad tv f’ 11 E 1 \ ^ ^ / GITYoTORONO Munkipal Offices Stmt Mdrass: 2750 Kelley Parkway Orono, MN 55356 Mallini Address: P.O. Box 66 Crystal Bay, MN 55323-0066 October 4,2004 Michael & Donna Ebertz 1220 Tonkawa Road Oroi.0, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #04*3060 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for after-the-fact variance and conditional use permit for property located at 1220 Tonkawa Road. I have enclosed a copy of the City Engineer’s preliminary comments based on your submitted materials. In addition to the items requested by the City Engineer, below is a list of items the City of Orono is requesting to complete our review: ^ Original survey, (certificate of survey, signed by licensed surveyor) indicating existing and proposed topography. ^ All existing and proposed hardcover shall be calculated on tlie hardcover worksheets that are enclosed. The hardcover calculations must be completed by your surveyor. Application #04-3060 is incomplete. If you wish to proceed with your application please submit die items requested above by Friday, October 8, 2004 to remain on the October 18, 2004 Planning Commission agenda. Please call me at 952.249.4627 should you have any questions. Sincerely, Melanie Curtis City Planner end lMcphoM<9S2) 24M4M • flu (952) 249-4416 www.ci.MtMWJRa.ua // 11 o o V, % '.v7 V.•>■ ,1 <• *•. -.1 4 M II CITY of ORONO f; Municipal Oflkcs ^ .7 Strait Mirtu: 2750 Kelley Perkway Orono. MN 55356 MaHIng Mdre$! P.O. Box 66 Crystal Bay, MN 55323 0066 October 26,2004 Michael & Donna Ebertz 1220 Tonkawa Road Orono, MN 5S3S6 REQUEST POR FURTHER INFORMATION SUBJECT: Zoning Application iK)4-3060 The City has received a survey of your property from your surveyor and based on our preliminary ' review the City is requesting the survey be revised per the following list. The survey should show: / 1' contours of existing and proposed topography; and ^ Elevations of the bases of the trees involved in the scope of the project; and ^ Elevations of the top and bottom of the rock wall; and ^ Elevatio ns of the top and bottom of the rip rap. Application iM)4-3060 is incomplete. If you wish to proceed with your application please submit the items requested above by Thursday, November 4, 2004 af noon in order to remain on the November 15,2004 Planning Commission agenda Please call me at 9S2.249.4627 should you have any questions. Sincerely, City of Orono Melanie Curtis City Planner c: Mark Gronberg, Gronbeig & Associates .'it 1Hcpiioiit(9S2)24MMd • Fta (»52) 24M4I4 'ItO f \ ’-ICi 1^1 Id >— _s |?yOY,t'I'. t f ijf HJi l-rv/ilv:»— fl- ’^-^‘'1 ‘^•’f I 'ci 5(ArV»j >' •f&i* . Nc<! "''b ^ I p V^V^j^r i t/v i. •• f r;. ' ■■‘V;-^i: :s\- tmtwM. .V- ■ /'ir* ,w» wB % • i'f-ih t» 4r ••• 0^h^a4 ■ r '■ (D vci^LO^ '/<. U.ff /F ./il/:/. -h) ^jy. / tr '\~0 >-“. v v> ■ 1^ » * • ■^'K. - I I 1 ' :■ bif ' s"s.‘ ’ • 1^’* p ’■' ■WiT Pr<^ :;:W^ IV ; k. ■■ V f' ■ifai 'Si*'¥ >% ■ • w ' t 'V‘ < V .■ >x '■ r In - »H »« , s. '■( , ■ -K *''klFW/fbl^ ^ *‘5. ‘ ■: -? . ■ ^ jtllfiSgL'dLt r.r. i . . < ' ; !4.5 1 1,.- X M *'1«l • :-..x ^'.’>- . >•. -V' . * * • • « • ■/i-":* - V- ^' f^- - ' V...,fiiY'- » I 1 ^ ,*\ •. • ^ • » -1 41'V .. .K " ^ .-^TV I ■■ ' •.•^'.^'-ijv s»r-^ -•***-* -|^»V* , “ m .*uLr ' -* - » Vi :. -S % nV>. ‘ ^ ,v ■ ■'^fi ’ ' ^ '. ■X- •<- n im 0 • *.•. I ^ < . •'* *• **' . . -,-i-?:i^£» . •• >jr jJ : •A>l^^ '\’.v '*■' Vv*'-. ^ ' x' i .;. -i ^' \ (il >'-;•• :■I ■ 2i _ i \ ■'ii'fV, '• • .•;^ . {- • 1 ■ ■ ;e4£', • ' V T ' •- ' --x '■' '- U ' ^ > r sV- , •, ^;V •M •p>:k.^ ^ ' i*/ v\^::5- . - « y -A-’J',Q >*' V■w / .1 * 4 . rr-«, ■y . • 4#^ Q k L ‘■i * *1 -1 :M-‘ ■ t .#i^ C V V ■-? &«2m rV ' --^ ^^:fl ft:■ • »•>•/»: — tv j' :r/3 i^iJ' TA^jrw.-* S#t?1 'W^IW^; t. f^ t-X" ■ '. T , , / • .“ .» ">i^V S• Ifp M ■ ■ .:,m f’j^i V f ’. .• ^m'-^.- V: -■ • ' •. < • /•M. X ^ ':r.“ *3.': •vf;-'?rd »viL'a mv- ' /Vv . < » ‘ . t /. ^ - i I V .- , i ^ S5:vk.:>. ,U‘r v' •4’ ■•'• • •■ ^#«-> • • • #■ • * i.^i-'■“•*'• <v PJ5J * ■ EJ :j5*l mwiBP2?« >.i^ 0R |i^ '1- • ! r- T'** . •- ."I ■i Wfe^.■ % V ri ;i-^^ '■ m.v. *.v - 4-'■ t /,- M m v.¥^ '^pN 'xKx x^^W' • ■> ^'->. l) )//// ■;»;■'/> • .-••■■’■,■ / % // ... V /. r li. Bc-U MEMORANDUM To:Chair Rahn and Planning Commissioners Melanie Curtis, City Planner From: Date: Subject: Mike GafTron, Planning Director November 10,2004 File #04-3060 - Lakeshore Land Alteration at 1220 Tonkawa Road I would oflfer the following comments regarding history of the site and what I believe should be City goals for the site; 1.Fred Guttoimson and Chic Dwight owned this property in the 1990's. In 1995 they applied for variances to replace the existing 8' x 24' deck on the lake side of the home, and to build a screen porch under it This involved excavation and retaining walls adjacent to the east end of tire house in order to have the floor of the screen porch level the full width of the house. That app’icatiou also proposed some boulder retaining walls between the house and the lake, perpendicular to the shoreline, to stop a drainage and erosion problem purportedly caused by lack of ground cover in this area. The result of their request is that they were approved for the deck and porch, subject to hardcover removals around the property, but were formally denied (Resolution No. 3611) the ability to place rock walls and borders lakeward of the house, because at that time staff found no evidetKe of erosion that would have required such substantial wotic. They were advised to establish lawn in the areas between the house and die lakeshore bank, without changing grades or removing vegetation. Further, at that time there was a substantial growth of mature trees and underbrush on the ‘hump’ between the house and the lake (see attached photo from City files), which acted to screen the east wall of the house from the lake. This was considered as a plus oy the City, since the house is so close to the lake. Drainage was an issue for the Guttormsons, as the ‘hump* area drained to the south ratlier than toward the lake (this drainage pattern is also visible by examining the photo, and from the City’s 1992 topography map). They were concerned about drainage entering the screen porch area. They were advised they could establish a shallow swale just east ofthe deck to channelize the flow to the south. I don’t know whether they did this or how effective it was. 2.hi 1997 it was found that the Guttormsons had gone ahead with the deck replacement and screen porch without permits, without executing the variance resolutions, and without completing the required hardcover removals associated with that 1995 approval. A new afler-tlie-fact variance application for this work was filed in 1997, in conjunction with a request for a new detached garage. While this new application was never finalized and the garage was not built, Guttomison did eventually remove the hardcover areas originally required to be removed. r : 1220 Tonkawa Shoreline Allerallon November 10,2004 Page 2 3. 5. This summer we found that the applicants without the appropriate City approvals had done significant wofk and grading to the shoreline in the area oftlie ‘hump’. This included rip-rapping the shoreline; construction of a 2* high boulder wall directly above and adjacent to the rip-rap, and grading the entire area of the hump, towering it approximately 1 -2' in my estimation upon visiting the site. There was virtually no understory remaining in the area graded, and pre-existing vegetative and topographic screening of the house from the lake was substantially reduced. I have no doubt that the shoreline required rip-rapping. The bank at the shore is fairly abrupt, and erosion of the bank was a concern. The problem with the current plan is that while it may protect the integrity of the bank with a 2' boulder wall directly abov e the rip-rap, there is no flat area between the top of rip-rap and this lower wall to plant screening vegetation. The view fiom the lake is essentially a 4'-S* high wail of rock, about 40' long. Screening this lower wail with some type of vine, rather than pushing the wall back into the hill to gain flat planting space for shrubbery in front of it, may be appropriate. The proposed upper wall, yet to be placed, is in two diverging sections; one to hold up the bank at die north end vdiere the hump was ranoved; the second being parallel to the shore, 25' in length, and about 5' bade from the initial wall. These second walls are proposed to be approximately I .S' in height The proposed screening with shrubbery between the lower and upper walls may help to screen the upper walls, but I question whether they are necessary, as opposed to starting at the top of the lower wall and rebuilding the hun^ with fill, establishing 3:1 slopes, and then sodding or establishing some other deep-rooted ground cover on the hunp to eliminate surficial erosion. This will yield a more natural looking shoreline than the additional retaining wall. The Orono Comprehensive Plan discourages the use of rttaining walls. CMP Part 3A, the EnviroiunentalProtection Plan, in the section titled Gene»al Policies for Natural Resource Management. Policy 9 states: PV.'.v.;.::; ”9. Lake sbordiacs will be protected from alteration. Natural vegetation in shoreland areas will be pr eserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clearcutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline protection will be encouraged." 'C * V , % The qiplicants* project as proposed, and as evidenced by the submitted cross-sections, is intending to create a gently sloped lawn area between the house and the lake that will tend to drain to the south, away from the house but not directly to the lake. This is not an unreasonable goal, as long as all the remaining trees are preserved and substantial natural vegetation between the house and the lake can be preserved or re-established. However, this plan does not re­ establish the hump to the height at which stafTbelicves it previously existed, and therefore the topographic screening of the house is compromised to the extent of 1-2'. 1 ' < ■' 1220 Tonkawa Shoreline Alteration November 10,2004 Pages In the section titled Urban Area Policies for Natural Resource Management . Policy 2 states: “2. Retention of natural vegetation will limit the impact of urbanization as visible from the lake. Building heights will be limited to less than the typical tree height. Minimum green belts will be provided with prohibitions against clearcutting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes. Retaining walls will be discouraged except when absolutely necessary to prevent erosioi;, in which case they will be screened with natural vegetation.” In regards to the upper wall, the City Engineer has indicated that from an engineering standpoint thr proposed plan is accq>table. However, fiom an aesthetic standpoint, elimination of the upper wall will be less visually intrusive. The Engineer has indicated to me verbally that the upper wall system could be elimiiuited as long as a 3:1 or flatter slope was maintai ned above the lower wall, and natural vegetation with a strong root system was established at that location. My basic issue with the project is loss of the natural grade of the shoreline, replacing it with the upper retaining wall that may not be stiiedy necessary, and repixing the natural vegetatic-n witli contrived plantings and a garden-like view rather than a natural look. A more natural look could could be accomplished by eliminating the upper wall and replacing it with a gently sloped hillside at a 3:1 or flatter slope. The primary area where excavation occurred to lower the ‘hump ’ is between the two sets of mature black oaks shown on the recent survey. It is my belief that the slope previously was uniform between the bases of those two groupings of oaks, whereas after the grading it seems that just south of the northern group is a sign! ficant cut (which the submitted proposal would reinforce with a wall) and then a flat area to tlie base of the southerly oak group. This area currently has an elevation of 936’-937', whereas our 1992 topography and the actual surveyed tree base elevations suggest it should be a gentle slope from elevation 939* at the north end to 936.6' at the south end. The wall and stairway perpendicular to the shoreline extending from the south end of the house, is of lesser concern to me but mi^t be unnecessary if additiraial fill was brou^t in to Uq>erthe grade further south. This wall will only be minimally visible from the lake. Applicants ’ cross section A1 • A2 is the primary area I would change if the intent is to re-establish the original topographic screening. It could rise from the bottom of the steps (937.0) toward the shoreline 14 ’ to a point with elevation 938.0, then drop to the top of the lower wall (933.6) in a distance of approximately 18 ’, for a final slope of 18:4.4 or about 4:1. The slope parallel with the shore should be unifomi in a line between the two definitive oaks, and that line becomes the drainage divide. The only area ofeoneem is at the north end where this grading will irave to blend in with the more precarious slopes remaining on the neighboring property. Conclusion : I believe a grading plan can be devised that substantially restores the original topograpny without resorting to an upper retaining wall, allowing for a more natural looking shoreline, allowing for replanlingof screening and bank stabilization vegetation to reduce the visual impact of the home ’s close proximity to the lake, and that is more in line with the City’s policies. w- • * . i ^ i f'l A* A • /-i*. : - V )< r ‘ ^ *♦ ^ J_.,.jl V * .♦ ^ «T -» •• ■ ■ • •✓ •••■ ^ '• •'; u •t' * ___i .• • ^ ,.. ■>..> ,♦ i--: -li' . * ■«\';sr m.- ;: : Si;i , , ■■^:- : •'■ ' - .*• *•. a;'I:‘ S =.=•• • < \ ='•:. /^4 ■: t • i r::wmmm ’ '•v •'" A ^ ■ t|’ J .J ■ ♦/* • :v'^- V I' I . . f« V^^ •^PG> S.(f^e*Tx>{A “ iry*i * / -s^*- V»‘ ' " ir;.-j>«^'4i^;- i Ak* -rfl • ’jSlr.' ^'^ ■ ' . P —^ • • •••«« ••*• ••• w >** .............. «••» • • »• •«« •• • • • V •• ••• •« »•«••*- »*#• =^-7-y-'--= »• •• > ••• m mmt • m •m^m •«•• «• • hu' ;^ #*r ----------------_.-,-.^:_«c^^?___________ ..................................................... --------------------------------------- ,..^t ----- p-zi j:gJ.Ja&_. J'rf'J'-ll Zoning File #2049 August 14, 1995 Page 2 eating house is 42’ from the shoreline. The existing deck is 34’ from the shoreline. The proposal would increase the bulk of physical structure encroachment in the 0-75’ zone. In order to construct the screen porch, applicants will be excavating under the existing deck, which may result in the need to replace footings under the east end of the house. The proposed screen porch would require perimeter footings. Additionally, applicants propose to replace existing lower level windows at tlie southeast front of the house with a glass door, requiring excavation to create the ability for a walkout. While this excavation is minimal in the number of cubic yards to be removed, it does expose a larger portion of the facade to the lake within 50’ of the shoreline. Although applicants have suggested that this excavation plus a boulder wall adjacent to the main entry are to prevent erosion, there is no existing erosion problem, and the grading is merely to create the ability for a walkout door on the south facade. Applicant additionally proposes a series of low boulder retaining walls between the house and shoreline. There are a number of mature trees and some underbrush within ^5’ of the shoreline, but the slope is not so great that any significant erosion is occurring. Tlie slope is certainly maintainable as it exists without boulder walls, and any excavation or filling to establish the proposed walls might have a negative impact on the existing trees and vegetation. Hardcover Issues There is some accessory hardcover in the 0-75’ zone, including a 10’ x 14* deck adjacent to the lake, sidewalks adjacent to the house, and a gravel driveway loop which appears recently t'pgraded. Applicants* survey indicates an 8’ gravel driveway that previously led to the lake has been removed, as have a 10* x 11* shed and an 8* x 10’ shed. (See survey, Fjchibit D.) A faint sketch on the 1970 survey apparently used 'or the original building permit, as well as 1989 City air photos, suggest that a loq> driveway and access drive to the lake has existed for many years. 'The portion leading to the lake (noted by surveyor as 800 s.f.) has recently been removed, but is not revegetated. The loop driveway has new gravel and sod boundaries and is clearly defined. Most of the loop is within the 0-75’ setback zone. A hardcover analysis of the property is as follows: 0-75’ Zone (Area = 33,050 s.f.) Structural Hardcover: Existing House Deck (attached) Deck (at lake) 770 s.f. 216 s.f. 120 s.f. 1,106 s.f.(3.35%) •*. ijr\ House Att. Deck/Scr. PAh, Deck (at lake) 770 s.f. 270 s.f. IZQlL 1,160 s.f. ^ O ‘' ♦ I- i (3.51%) limiiMah fiii-l-/' lb , i' ‘c ik^ iitmiiM'Tiaii III ----- ^J r.4 fypfi^/cA/^rr ^ti&r^ I T>A(^ (940£) # t 933 ----^ ,*.’:^/fe> .. ^Ai f/f> A- V ■ ^ -/■ ■ulw i- m &■' f*iW Wm. « UfJV^c V. * ••.' • A^Ht4*JT- Ai *A^ * /»*»|*.o* &fccT'|«»U ^cALis.* Ct-r.f. >•*• I '-0* rtWilfcMlWhir^liMiifc ■ 'OPPyi ■mrnm^ ivunimie:9»iiii«M« It 0tU7231300OS mor ADM 1200 TONKAWA RD OWNERNAME L BUTCHER A LR KOENIG TAXPAYER LYNN KOENKyiEONDIAS BUTCHER NAME/ADDR 1200 TONKAWA RD LONG LAKE MN 55356 31 0I11723I3001I PROP ADDR 1205 TONKAWA RD OWNERNAME NASMITHATHSMITHTRSTES TAXPAYER THOMAS HA NANCY A SMITH NAME/ADDR 1205 TONKAWA RD LONG LAKE MN 55356 31 Oil1723420011 PROP ADDR 1335 TONKAWA RD OWNERNAME JAMES DRENDER TAXPAYER JAMES D RENDER NAME/ADDR 5120 EDINA INDUSTRIAL BLVD EDINA MN 55439 & 111 VA/UI11 I ri\V/lt.lM( IMI WIIVJiirWtWM UIW>M>I PROPERTY OWNERS LIST 31 «n723l 30006 PROP ADDR 1110 TONKAWA RD OWNERNAME REENCEBRETSONETAL TAXPAYER RICHARD E ENCEBRETSON NAME/ADDR • JOO TONKAWA RD LONG LAKE MN S53S6 31 0IU723I30007 PROPAOOR 1160 TONKAWA RO OWNERNAME PTRSKSTEVENS TAXPAYER PATRICK T R SUSAN K STEVENS NAME/ADDR 1160 TONKAWA RD LONG LAKE MN SS3S6 30 0811723420001 PROP ADDR 1220 TONKAWA RO OWNERNAME MICHAELJEBERTZ TAXPAYER MICHAEL3EBERTZ NAME/ADDR 1220 TONKAWA RD LONG LAKE MN 5S3S6 38 0811723420003 PROP ADDR 3366 NORTH SHORE DR OWNERNAME STATE OF MINNESOTA TAXPAYER DNR REAL ESTATE MGMT NAME/ADDR ATTN DEBBIE GURTIN SOOUFAYETTERD ST PAUL MN 33153 38 0811723420012 PROP ADDR 1313 TONKAWA RO OWNER NAME JAMES 0 RENDER TAXPAYER JAMES D RENDER NAME/ADDR 1315 TONKAWA RD ORONOMN 53391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE WNNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF. _ DATE7-A^-^y BY ^ rMENT.TOTHEBEST * « 4 ^ • • ^ ] hrnt^miw«.a i W- M Hennepin Hennepin County Taxpayer Services Department #30 60Parcel Information I ID 0811723421 'H oum Number 1220 itmt N mim TONiCAWA RD '>■ V«,- ' ' f Twe it nei* ktgaify lecimM map. H npn»»nls a compOaOon of information ■"and data IlmiCIfyrCounfy.aitaStata toad auMliaa and otharaouKas. USE PEWVirr^ michael & donna ebertz , 1220 tonkawa road - conditional Michael and Donna Ebertz, Applicants, were present. (10. 004-3060 MICHAEL <f DONNA EBERTZ, 1220 TONKA WA ROAD, Continued) !llf- i" September the applicants conducted some work on their lot in an elTort to stop the erosion W t^ir lakMhore. A contractor was hired to re-grade the lake yard and install boulder rip-rap and uloN rock walls without City permits or review. The applicants were notified that permits were requir^ arid they have now applied for an after-the-fact hardcover variance and an after-the-fact conditional use permit. The PiMning Commission voted 5-2 on a motion to approve the after-the-fact conditional use permit and deny the after-the-fact hardcover variance. The recommendation was to allow the most lakeward wall with ctmurmt 0-75 ’ hardcover removals and to deny the addition of any other walls except for those determined ^ the Engineer to be crucial to the integrity of the lake yard. Curtis noted the City Engineer has reviewed the current plan and finds it to be adequate. Cur^ stated the applicants have indicated that they are unable to reduce the hardcover in the 0-75* zone m order to maintain the current level. Staff recommends approval of the application subject to concurrent hardcover removals in the 0-7S* zone. Mr. Ebertz s^ he purchased the property in 1999, with the previous owner having placed rip-rap in mt area. Ebertz indicated some erosion had occurred in that area and he was attempting to prevent furtmr erosion. Ebertz stated he was not aware of the need to obtain permits for this work or that teiddera were consider^ hardcover. Ebertz stated in the Y-shaped area they were going to plant some hardy groundcover, noting that this area is not conducive to most vegetation. Sansevere inquired whether the applicants are agreeable with the City Engineer ’s recommendations. Ebertz indicated he is fine with the recommendations, but expressed a desire to possibly remodel or expand the existing residence sometime in the future. Ebertz expressed a concern that this boulder wall would be included as hardcover on the lot Gaffron stated the Council should decide whether the applicants should remove hardcover within the 0- 75 zone to compensate for the new hardcover created by the boulder walls. Sansevere inquired whether rip-rap is considered hardcover. ^ffron stated boulder walls are counted as hardcover and that rip-rap is normally not allowed nowadays. Gaflron stated the City has consistently considered boulder walls hardcover. Sansevere inquired whether there is any existing hardcover that could be removed. Gaffron ^ed the stairway and deck should probably be retained, but noted there is a little shed that does exist on the property that could be removed. Ebertz stated a small gravel road also exists on the property. Gaffron pointed out the gravel road should have been removed years ago. 'i I % f Murphy stated the boulders are located in the Y area. (10. M4-30&0 MICHAEL A DONNA EBERTZ, 1220 TONKA WA ROAD, Continued) Ebertz stated vegetation does not grow in that area and that the area is gradually eroding every year. McMillan suggested planting native grasses on top of the rip-rap or in between the rip-rap since tlieir root system goes several 1^ into the ground and have proven to be more effective than boulder walls. Sansevere inquired what amount of hardcover is involved. Curtis staled it is 134 square feet Gaffron stated the previous owner was told the gravel driveway had to be removed, the shed had to be removed, and that the only work that was permitted was to stop water running towards the house. Gaffron stated Staff had suggested to the previous owner that the existing wall be removed, with the wall having some slope to it. Gaffron noted the previous owner had agreed to remove the wall. Gaffron stated the only issue is whether some other hardcover should be removed to offset the new hardcover. White noted there are some items of hardcover on the property that could be removed. Ebertz inquired whether he is now being required to remove hardcover that the previous owner was responsible for. Gaffron stated in his opinion items that were supposed to be gone in the past should be gone today and that it should be an issue for the City to discuss tonight. Gaffron indicated anytime work is done in the 0- 7S* zone, other than a walkway to the lake, the hardcover needs to be offset so there is no increase in the 0-7S* zone. Murphy inquired whether the applicant is agreeable to removing the items that Staff has suggested as well as 134 square feet of additional hardcover. Ebertz stated he is unsure exactly what items are being requested to be removed and that this is the first time he has heard dial those items were a probiem. Murphy inquired whether the applicant is willing to now remove the items that should have been remov^. Ebertz reiterated that he is unsure what those items are. Murphy suggested that Staff work with the applicant on that issue. Murphy inquired whether the applicant is agreeable to remove an acklitional 134 feet of hardcover. Ebertz inquired whether he is supposed to remove 134 feet of hardcover in addition to the items that Staff has discussed. Sansevere questioned wh^her this property owner should be penalized for something the previous owner did not do. 4 (iO. M4-3060 MICHAEL d DONNA EBERTZ, 1220 TONKA WA ROAD, Continued) Barrett stated typically a resolution is filed against the property in conjunction with a variance approval and that the new property owners should have been aware of what was allowed on the property and what should have been removed. Murphy inquired whether the applicant is philosophically in agreement with removing 134 square feet of hardcover in exchange for leaving the boulders where they are. Ebertz stated it depends on what hardcover the City is requesting to be removed. Sansevere commented a small shed exists on the property that could be removed. Ebertz acknowledgcu that a small shed does exist on the property that is not depicted on the survey, but that he is unsure how many square feet that shed comprises. Gaflron stated he has documentation that shows the eight-foot gravel driveway was removed and that the loop was reduced in the 0-7S’ zone. Gaffron stated previous modifications were in regard to the deck on the east end of the house and some work was also done in the southeast comer of the house next to the entryway that created a boulder retaining wall in the 0-75’ zone. Gaffron stated there were two previous applications on this property prior to the Ebertz’s owning the lot. Gaffron noted the resolution was not signed by the previous property owner. Gaffron stated he considers this property out of compliance with approvals of the past and that he would like to see this property brought back into compliance. White inquired whether the applicant would like to speak with Staff in order to get a better understanding of what Staff is looking to have removed. Ebertz stated he would like to speak with Staff. Ebertz stated he basically wanted to stop the erosion that was occurring and that he has some concerns with being required to do what the previous owner was supposed to have taken care of. Peterson inquired whether the resolution is any good since it was not signed. Gaffron stated the resolution is not valid, but that there was some work done in conjunction with tite two previous applications. Murphy inquired whether the City would be better off just requiring the removal of 134 square feet and not dealing with the past indiscretions. Gaffron stated he would be okay with that proposal as long as the 134 square feet of hardcover is not part of what previously was required to be removed. Gaffron suited the unsigned resolution indicates that (he previous owner did not pi<^ up the permit and did not agree to do the work. Gaffron stated the major portion of the work was not completed, but that he is unable tonight to provide a detailed history of the property. Murphy suggested tabling the application to allow the applicant time to discuss the hardcover removal with Staff. (iO. m4-39iO MICHAEL d DONNA EBERTZ, 1220 TONKA HA ROAD, Continued) * i Oaffron stated he would prefer to bring this application back before the Council at their next meeting after he has time to review the history of this prop^. Ebertz questioned whether he would be better off removing the boulder wall than having to deal with ail the outstanding issues left by the previous owner. Peterson noted these issues would need to be dealt with in the future if the applicant should decide to build onto his house. Murphy inquired whether die applicant is agreeable to tabling the application. Ebertz stated he is. Mttrphy moved, Sanscvcrc seconded, to table Application #04-3060, Michael and Donna Ebeiibe, 1220 Tonkawa Road. VOTE: Ayes 5, Nays 0. Curtis inquired whether the applicants have implemented what the City Engineer has recommended to prepare the site for the winter and spring. Mrs. Ebertz stated they have. V: ‘ .4-■■ :> 5; > V 0' r. .-i. Date Application Received: 12-20-04 Date Application Considered at Complete: 3-16-05 120-Day Review Period Eipiret: 7-14-05 REQUEST FOR COUNCIL ACTION MAY 9 2005 City of ohuivo Date: April 27,2005 Item No.: ^ Department Approval:Administrator Approval: Name: Janice Gundlach]|^ Title: City Planner Agenda Section: Zoning Item Description: #05-3073, Robert Hare on behalf of David & Joann Pomije 801 Tonkawa Road - Preliminary Plat - Resolution Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre minimum) 3.55 acres (154,575 s.f.) 385’ @ shoreline; 380.5’ @ 75’ setback (140’ required) List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 4-19-05 C - PC Memo and Exhibits of 4-11-05 AppliemtioH Summary: Applicant requests preliminary plat approval in order to create one ad^tional lakeshore lot located at 801 Tonkawa Road. The applicant has proposed to remove the existing structures and all hardcover. Planning Commission Recommendation The Planning Conunission voted 6-0 on the consent agenda to approve the preliminary plat request in accordance with the staff recommendation. Staff Recommendatioa Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting preliminary plat approval for 801 Tonkawa Road. ; A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS 111 SUBDIVISION FOR PROPERTY LOCATED AT 801 TONKA WA ROAD FILE NO. 05-3073 WHEREASy David R. Pomije and Joann Pomije (hereinafter the “subdividers”) on December 20, 2004, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 1, Auditor’s Subdivision No. 217, Hennepin County, Minnesota (hereinafter “the property”); and WHEREASy after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono’s lining and Subdivision Codes, the Orono Planmng Commission held a public hearing on April 18, 2005, at which time all persons desiring to be heard coiKeming this application were given the opportunity to speak thereon; and WHEREASy at their regular meeting held on May 9, 2005, the Orono City Council considered the subdivision application of the subdivider noting the following fifKiings of fact: 1.The property is located within the LR - IB One Family Lakeshore Residential Zoning District requiring a minimum of 1 acre of contiguous dry buildable land within each newly created lot. 2.The property contains a total of approximately 3.55 acres of land. There are no wetlands on the property. 3. -- The proposed plat consists of two residential lots each meeting the minimum lot standard requirements of the LR - IB, One Family Lakeshore Residential Zoning District, each meeting the minimum 1.0 acre lot area requirements and each having over 140’ in defined width at the shoreline and 75’ setback. Page 1 of 5 4 r'-'--iTaaotTn—»-<r* wSfJr^P-. 4.Each lot will be served with municipal sanitary sewer and private wells. The municipal sewer is available to both lots and the property has been fully assess^ for sewer. 5.Lot 1 contains the existing detached garage, guesthouse, tennis court and other hardcover, which must be removed prior to filing of the final plat. 6.Lot 2 contains the existing house with attached garage, shed, pool and other hardcover, which must be removed prior to filing of the final plat. 7.Lot 1 will have a separate access from Tonkawa Road, which will require a permit from Hennepin County. 8.Lot 2 will be served off the existing drive access from Tonkawa Road. Should this access be moved with construction of a new home, approval must be obtained from Hennepin County. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the finding noted above, the City Council of the City of Orono hereby approves the preliminary plat application of David R. and Joann Pomije at 801 Tonkawa Road per prelimmary plat drawings by Mark Gronberg of Gronberg and Associates, Inc., dated March 16,200S, subject to the following conditions; 1. Appropriate driveways permits shall be obtained from Hetmepin County. 2.AH existing structures and hardcover must be removed prior to filing of the fiinal plat. 3.The developer diall grant to the City 10 foot drainage and utility easements along perimeter property boundaries and 5 foot drainage and utility easements ^ong interior property boundaries. An erosion and sediment control plan shall be submitted for City Engineer review and approval prior to final plat approval. 5. 6. Payment of standard Park Dedication Fee for Lot 1, Block 1. Payment of standard storm water and drainage trunk fee for the property. Page 2 of S r : •>V 7.Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of City Council approval. May 9, 2006. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Snbnittab: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled City Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1” = 200’. Drawings to include: a. Lot lines platted per preliminary survey by Mark Gronberg of Gronberg & Associates, Inc., dated March 16,2005. b. Dedication of drainage and utility easements 10’ wide along the exterior boundaries of the property and S’ along the internal lot lines. c. The naming of plat. 2. Legal documents required: a. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The applicant must provide certified copies of all recorded easements currently affecting the property. 3. Fees to be paid: Total due: $18,878^00 a. Final plat fee $250.00 Page 3 of 5 JMli ' i f : F. b. Legal review and filing fees for subdivison and associated documents » $280.00 V 'V (c. •Park Dedication Fee: Because the fair market value of Lot 1, Block I will exceed the threshold value of $69^75.00, the 8% park dedication fee due is the maximum allowed fee of $5,550.00. d. Storm Water and Drainage Trunk Fee = $ 12,798 (3.55 acres @ $3,605/acre) Erosion and sediment control plan. A- ' Attopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9* day of May, 2005. ATTEST: Linda S. Vee, City Cleric Barbara Peterson, Mayor 'm 1 4 j Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page Sot 5 ■ J UUh'A I kl Kw'x CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Cryital Bay» MN 55323 ZONING FILE; 05-3073 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 TO: David & Joann Pomije 801 TonkawaRoad Long Lake, MN 55356 COPIES:Robert Hare Colwell Banker Burnet 201 E Lake Street Wayzata, MN 55391 Preliminary Plat DATE OF MEETING: April 18,2005 PlaoalBg ComniliiioB recommended as follows: Approval of the preliminary plat as submitted stipulating removal of all existing structures and hardcover prior to filing of the final plat. VOTE;FOR AGAINST Applicant’s next meeting is tentatively scheduled for: CHy CoBBcll - Monday, May 9,2005; meeting starts at 7:00 p.nL If you desire certified copies of the official Planning Commission or Council minutes, they are available ftom the City Recorder after review and approval by the Planning or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. J'i- • n 1 5! ■ 'h R‘ih-p ! t : : ! MS-3073 April IS, 2005 Pate 1 of 4 Date Appliealion Received: 12-20-04 Date Applicatioa Coaaldered as Complete: 3-16-05 120-Day Review Period Eipires: 7-14-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner^ AprUlU200S 05-3073, David & Joann Pomije, 801 Tonkawa Road - Preliminary Subdivision - Public Hearing Zoning Diitrict: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre min.) 3.55 acres (154,575 s.f.) 385* @ Shoreline; 380.5’ @ 75* Setback •1^ AppUeation Summary: Applicant requests preliminary plat approval in order to create one additional lakeshore lot located at 801 Tonkawa Road. The applicant has proposed to remove the existing structures and all hardcover. Sttiff Recommendation: Staff recommends preliminary plat approval with the following stipulation: 1. Removal of all existing structures and hardcover prior to final plat filing. Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: Lot Area (Kft)Lot Width (feet)Front Yard (feet)Side Yard Adjacent to Another Lot (feet) Rear Yard (feet)Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 -5 ♦ , List of Exhibits Exhibit A - Applications Exhibit B - Existing Survey Exhibit C - Proposed Survey Exhibit D - Letter dated 1-^5 Regarding Initial Subdivision Proposal Exhibit E - Chy Engineer Comments Exhibit F - Aerial Photograph Exhibit O - Property Owners List Exhibit H - Plat Map Background This property received after-the-fact variance approval in July of 2004 to permit construction of the existing deck on the lake side of the home. This approval included a i-' r ms-yoiy April 18.200S Pagt2of4 lake setback variance, a top of bluff setback and impact zone variance, and lastly a 0-75’ zone hardcover variance. This variance was supported based on a 1992 0-75’ zone hardcover amMOval and also the minimal amount of total structure and hardcover that existed on the property. The property has since been put on the market for sale and subdivision request has been m^e. Prior to this proposal the applicants were proposing a subdivision with the existing house to remain. Tluit proposal has since been abandoned as hardcover restrictions could not be met for the existing home on a new smaller lot This is because the 2004 variance approval was partly justified by the fact that the 75’-250’ zone was under the allowed limits vriien the 0-75’ hardcover attributed back to the 75’-250’ and 250’-500’ zones. Also, all new subdivision requests must meet current standards, including hardcover when an existing house remains. LOT ANALYSIS WORSHEET s12Lot Area Lot Width Required 43,560 s.f (1 acre)140’ Actual 155,771 s.f (3.55 acres)390 ± Proposed LR-IB Lot Area Lot Width Required 43,560 s.f (1 acre)140’ Proposed Lot 1 77,330 s.f (1.775 acres)182 ’ @ shoreline; 182 ’m 75’ setback Proposed Lot 2 77,255 s.f (1.774 acres)206’ @ shoreline; 202’m 75’ setback All lot area and lot widths proposed meet the minimum standards established under the LR - IB zoning requirements. Setbacks (Proposed Loti) LR-IB Required Existing (measured to base lot)Proposed Front N/A N/A N/A Rear 30’ 245’ house, 200’ shed, 35’ tennis court, 49’ detached garage, 102’ guest house Vacant Lot Left Side (north)10’195’ house, 175’ pool, 46’ guest house, 77’ detached garage Vacant Lot Hi MS-3073 April 18, M05 Page3of4 Right Side (south)10’33’ house, 39’ shed Vacant Lot Lakeshore 75’38’ deck, 49’ house 75’ & 30’ top of bluff setback req’d Average Lakeshore*N/A*N/A* ♦Will be based on 75’ setbacks of adjacent vacant lots *Post subdivision 3 vacant lots will exist in a row (these two plus 825 Tonkawa Road). Average setback will be based on required 75’ setback and setback of nearest adjacent houses to lake. All existing hardcover and sUuctures are proposed to be removed. There is a possibility that some building and/or hardcover will be requested to remain post subdivision. The conditions under which this should be permitted should be discussed as part of the preliminary review. Staff would recommend that should this be proposed, that structure and/or hardcover must meet the current standards and an agreement and escrow will be required until a building permit is submitted. Subdivision approval will automatically require removal of the existing house because it does not meet the 75’ setback or 30’ the top of bluff setback, guest house because double the acreage will no longer exist, and some or all of the tennis court as its current location will straddle the line where 30’ setbacks are required. Structural Coverage The tables below illustrate how much structural coverage will be permitted per lot, post­ subdivision approval. Total Lot Area Total Structural Coverage 77,330 s.f. (1.775 acres)Allowed; 11,599.5 s.f. (15%) Proposed: N/A Total Lot Area Total Structural Coverage 77,255 s.f. (1.774 acres)Allowed: 11,588 s.f. (15%) Proposed: N/A Hardcover The tables below outline how much hardcover will be permitted per lot, per zone post* subdivision. Currently, the ai^licants are proposing to remove all structures and hardcover. Hardcover Zone Total Area in Zone Allowed Hardcover 0-75 13,880 s.f.0s.f (0%) I j; M05-3073 April 18,2005 Page 4 of 4 75 - 250 32,990 s.f.8,247.5 s.f. (25%) 250-500 30,460 s.f.7,615 s.f. (30%) Hardcover Zone Total Area in Zone Allowed Hardcover 0-75 15,370 s.f 0s.f (0%) 75 - 250 38,230 s.f.9,557.5 s.f (25%) 250-500 23,655 s.f 5,914 s.f (30%) Access Only one driveway access per lot will be permitted. Currently one access per lot exists, one serving the existing house and one serving the detached garage and guest house. Hennepin County must approve any and all new accesses onto Tonkawa Road. Storm Water, Draioage, and Erosion Control A Storm Water and Drainage Trunk fee in the amount of $3,605 per acre totaling $12,794.15 will be required prior to flnal plat approval. Unlike Park Dedication, the total acres pre-subdivision is used in determining this fee. Sewer/Water Services This property is provided with City Sewer and has been assessed for 2 additional services. The City Engineer has requested 10’ perimeter drainage and utility easements and S’ interior drainage and utility easements be dedicated with the final plat. Private wells must be provided for water service. Park Dedicatioa A park dedication fee in the amount of 8% of the value of the land post-subdivision for proposed Lot 1 will be required. This value will have a cap of $5,550. The fee must *oe paid prior to final plat approval. Issues for Consideration 1. Should all the existing structures and hardcover be removed prior to final plat filing? 2. Could an agreement and/or escrow be permitted to allow conforming hardcover/structures to remain upon final plat filing? 3. Are there any other issues or concerns with this application? Staff Recommendation Approval of the preliminary plat request subject to removal of all existing structures and hudeover prior to filing of the final plat y EXHIBIT A City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street AddiBsa: 2750 Kelley Parkway Ororw, MN 55356 Mettkig Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner. Main: 952-240-4600 Fax: 052-249-4616 PC Date: JAN, PC M/Z-HOen Meeting Date/Time: MViaf /• 1h% purpose of s prs^ppUesVon mooting? Pre-application meetings aid the appiicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify poiicies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION^. Site Address: ff/)/ Property Identification Number (PIN): Zoning District: Size of Property: 3 S Xfr'sS DESCRIPTION OF REQUEST: □ Lot Line Rearrangement □ Sketch Plan □ Other: rgiAJnsn BtH nijj) ^Preliminary Plat/Subdivision laJinhArt. twf'_______ □ Final Plat I am aware that it is my responsibility, as the "applicant*, to contact additional jurisdicbonal authorities and comply with all applicable regulations in conjunction with City of Orono approval of my proposal. ApplicinfaInMatoi_________________________________________________ OTHER INFORMATION: *Pleaae note: Your subdivision application will NOT be accepted without a pre-application meeting during which this forrp^ili be cpigpifted by City staff. Applicant signature this foriTkWili be c< 7 Date; /A~ -9-* n ■j *f)i ] \ J City of Orono Subdivision Application Stnet Address: 2750 Kelley Parkway Orono. MN 55356 Main; 652-249-4600 fax; 6S2-240-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Application# - Date Received Amount Paid; -3f Tj? Staff ; . \AsiUi' Fee; t-78PVtO Renewal; • f wj U0 * a* (i PROPERTY INFORMATION^. Site Address; ^0 I Te tv<».K/ Property Identification Number (PiN): (Attach iegal description to appiication if not included on the survey.) Date Property Acquired (month^ear): _______□ Abstract or □ Torrens, please check one Present use of property: •G^esidimtial □ Other Zoning District: )<. I O APPLICANT I Name: I^ORMAT 1/4/.?' 4/^^' /V 7^(Coo^te lyyljwmes and maritaUtpty requjred^pr each kite[Mt^ Phone (home)______________ Address: I "t t Email: t~V\/xr’<» r i^ir C- I? a . ‘■la )e» xft' i» V* 4 . t 6 IVl Phone (work):ZOTB ^ ^4 uJa^ LAJ^t ZS3^ fy\ f“ 5V7 g Fax: OWNER INPQBMATiON: (Complete hraal namu and marital »r L I r. ^ ^ Phc Name: Phone (home): ^12 al namu and marital status required for each interested party) Address;\ *‘\ r lA/^ Phone (work); EmaH;Pax; EXI8TINO LAND USE: Number of Tax Parcels; Development Size: I ^ * J Acres Dry Land Acres WSt Land Acres TOTAL, all parcels \ Present Use (check one) Present Zoning District d Residential; Number of Units; □ Other:JSpecify) i. 12. ) B -------------I Proposal: □ Division for Tax Purposes □ Lb K Line Rearrangement Only (no new building sites) ^|2^ubdivision for New Building Sites Number of Building Sites / Existing Units J New Units “Z— Total Units Proposed Gross Density 2^ Units per Minimum Lot Size Proposed Use (check) Acres 4iay L d Square Feet Dry Buildable Land Residential □ Other (specify) -10-(/r ? *•'4. v -r* •o f.- MINIMUM MATERIAL REQUIRBO FOR COMPLETE PRELIMINARY APPUCATIOW 1. Payment of fees (refer to "application fees" listed below). Completed application form. Preliminary plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance, Government Center, A-603 300 South 6" Street, Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 5. MINIMUM WIATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approvai resolution and park fees if applicable). 2. Signed Certificate f Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. APPLICATION FEES (Zoning Administrator to check (X] those which apply) A. Application Bate Fees: ___Sketch Plan Review (Class I, II & III) $350.00 ___Subdivision of a Lot Line Rearrangement $600.00 Subdivision Application (Class 1 & II) $600.00 Y Preliminary Subdivision Application $750.00 $30.00/lot (Class III & all non-residential) ___Final Plat Application (Class III) $250.00 ___Legal Review and Filing: ____ Subdivision only $140.00 ____ Subdivision w/easements and covenants; minimum $280.00 any additional costs TOTALS ____Park Fees (to be determined per Section 82-227) ___Legal and Engineering Review Fees (as incumed) ___Renewal of Class I, II, & III Subdivision and of a Lot Line Rearrangement Application $300.00 B. Spaclal Improvement Feet: ___Proposed Private Roads $650.00 $.50 per lineal foot;______lin. ft. x .50 = $____ ___Proposed Public Roads $950.00 ♦ $.50 per lineal foot;______lin. ft. x .50 = $____ ___Request for City to Accept Existing Private Road $950.00 ___Proposed Sanitary Sewer Main Extension .7275.00 * $25/stub ___Proposed Watermain Extension $275.00 $25/stub ___Proposed Storm Sewer System (excluding culverts) $250.00 ___On-Site System, Site Evaluation Review (applicable to rural subdivisions) $60/per lot x C. Flexibla Ap^icatlon Pees/MiaceHaneous Faea ___Variance $600.00 ___Vacation of Public Road $75 per benefiting property ($600 minimum per application) __Easement Vacation Assodatad with a Subdivision $100.00 ___PRO Application with Subdivision $35.00 per dwelling unit new lots The applicant hereby agrees to provide all information required or requested by Planning Department Staff, City Engineer. City Attorney, Planning^mmission and Council necessary to process this application and further agreed to/pay j$n)a|ld)tioi\al fees established by ordinance. y/________________________Date: / 4^ ^AppNcanFa Signature Owner’s Signature:Date: Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. • - - — . t...r- 4 :: .A’ 4 iihni i • %it. y .,' ■ i . O ..f ■v:>£ii>. \ : ' >> - ^'1 \ /Wy^ • \ :. \‘ ^ Aam^reMir was tammoNEA \ \ \ \ § ^^SO'-pntmly 4h« Aertffcoi tM KBZ ilM AUDITOR'S SUBDIVISION II Mini mm ' // /•7 'N \ \ EAHim I D /fO V.o\ V :» ii GITYofORONO Munkipal Offices S^t Mtfrast; 2750 Kelley Perkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 REQUEST EOR FURTHER INFORMATION January 6,2005 Robert Hare Coldwell Banker Burnet 201 E Lake Street Wayzata, MN 55391 RE: Zoning Application M05-3073 Dear Mr. Hare: After further review of the hardcover status on the property at 801 Tonkawa Road pre- and post- subdivision, the City is requesting further clarification on what hardcover would be removed. The property currently has approval for hardcover within 75’ of llie lake. Part of the basis for that approval is the property is still conforming at 25% of the 75’-250’ area for 0-250*. Upon subdivision, the property containing the existing home would no longer meet a 25% limitation from 0-250’. Preliminary calculations by City staff indicate that hardcover in excess of 4,000 s.f. would need to be removed within 0- 250* to meet the original intent of the hardcover variance for hardcover within 75* of the lake. Therefore, staff is not prepared to bring this application to the Planning Commission without information on how removal of approximately 4,000 s.f. can be achieved. Granting of a greater hardcover variance would be required if this hardcover is not removed, which is highly unlikely as all subdivision requests require compliance with all current standards regardless of existing conditions. Therefore, if you wish to be heard at the January 18, 2005 Planning Commission meeting, a revised survey and hardcover calculations must be submitted illustrating how proposed Lot 2 (existing house site) can achieve 25% hardcover (of the 75*-250’ area) within 0-250* by Wednesday, January 12*^ at 12:00 NOON. The revised survey and hardcover calculations should also indicate removal of all hardcover on proposed Lot 1 and how proposed Lot 2*s 250*-500* zone can achieve 30% hardcover and removal of the tennis court within 30* of the side lot line. Should you have further questions I can be reached at 952-249-4623. Thank you for your cooperation. IbkplMmc (952) 24M4M • Pu (952) 249-4616 wwwxLorono.mn.tis , «,•» ■, V Sincerely, CityofOrono ' <■ Janice Gundlach City Planner cc. Mark Gronberg, Gronberg & Associates (to be faxed) David Pomije 801 Tonkawa Road Long Lake, MN SS3S6 V hI^ b • > mm ti'4 if '-vij^'xn i'C'v l-t4^ >r iMt^afdka r^' I^Bonestroo &j5Rosene AnderNk& Associates Engineers A Architects 2335 West Highway 36 • St. Paul. MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com EXHIBIT £ RECEIVED JAN 0 5 2005 CITY OF ORONO January 4,200S Ms. Janice Gundlach Planner CityofOtono PoatOfiiceBox66 Crystal Bay. MN SS323 801 Tonkawa File No. 139-OS-C Plat No. 04-3073 Dear We have leviewe ' the pielimioaiy plat for the property located at 801 Tonkawa Road. The plat proposes to subdivide an existing single lot into two lots. The existing home is shown on Lot 2 with various other structures shown on Lot 1. We have the following comments with regards to engineering matters: The plat should provide easements over all existing utilities. The plat should also include perimeter easements S-feet wide on interior lot lines and 10-feet wide along the C.R. 135 frontage. The plat will need to be submitted to Heimepin County for review and approval. All structures and hardcover on Lot 1 should be removed prior to fuml plat approval. A grading plan should be submitted for review and approval with the building permit application. An erosion and sediment control plan should be submitted for review and approval prior to final plat ajqiroval. All erosion control measures should be installed, inspected and approved by city staff prior to any removals or work on site. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLDC & ASSOCIATES. INC. /<TM Tom Kellogg Cc: Greg Gappa. City of Orono Bruce Vang. City of Orono • St. Paul. St. Cloud. Rochester. Willmar. MN • Milwaukee. Wl • Chicago. IL AfflmuMlv* Ofipoftiinrty Imployr mn4 impiof— Owmtf i . V*. \X.-V-4« f*‘\'^\wA 1 fl: %mil /TVdSi m WL >>‘vlm ■- ‘ j»*r'i -S I'.'*-”si^ i v^ ./ > 'MUA(P B', . /;■ y b /*• * ''^ ii- /y/j ►i^ - : "d *\ * V , I h ■ f'“V - . < ■- .: -■ •: ^ ' V'^' -*' '■ '• ^mKXm 3^ RUNOA.TC: t}O2/a04 31 0311723330003 PROPAODR 7SSTONICAWARO OWNOINAME J*LROOERS TAXPAYER JOHN E RUNS A ROGERS NAME/AODR 7SST0NKAWARD LONOLAKEMN S53S6 31 OSI1723340003 PROPAODR 724 TONKAWARD OWNERNAME RHRLM LARSON TRUSTEES TAXPAYER ROBERT H LARSON NAME/ADOR 724 TONKAWA RD LONOLAKEMN SS3S0 1.1 i:/31 0S117233< PROPAODR 730 TONKAWARD OWNERNAME LAWRENCEWEOELMANNTR TAXPAYER LAWRENCE WEOELMANN NAME/AODR 10344 QUAIL CROWN OR NAPLES FL 34119 31 0311723340009 PROPAODR 774 TONKAWARD OWNERNAME BLNAOEAUJRANLNADEAU TAXPAYER BERNARD L NADEAU JR NAME/AOM 774 TONKAWARD LONOLAKEMN 333S6 31 0311723340013 PROPAODR 173 PARTENWOWLA OWNERNAME JPREKBECHOOL TAXPAYER JOHN P A ELIZABETH K BECHDOL NAME/ADOR 873 PARTENWOOO LA LONOLAKEMN S33S« 38 0811723210003 PROP AOm 847 TONKAWA RO OWNERNADIE OVARiANTAS VAILLANT TAXPAYER DENNB VAILLANT NAME/AODR lOECHOBAYOR TONKA BAY MN 33331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE: I 38 0311723330019 PROP AOOR 643 TONKAWA RO OWNERNAME TEMPLE BRAEL OF MINNEAPOLIS TAXPAYER TEMPLE BRAEL OF MINNEAPOLIS NAME/AODR 2324 EMERSON AVE S MFLSMN 33403 38 0311723340004 PROP AOOR 740 TONKAWARD OWNERNAME BRUCE R LEARCOLLEEN LEA TAXPAYER BRUCE RR COLLEEN LEA NAME/AODR 740 TONKAWA RD LONOLAKEMN 33336 38 OSI1723340007 PROP AOOR 760 TONKAWA RO OWNERNAME CHARLES A BERTELSON TAXPAYER CHARLES A BERTELSON NAME/AOOR 760 TONKAWA RD LONOLAKEMN 33336 38 OSI1723340010 PROPAODR 780 TONKAWARD OWNERNAME TRRTJHAUOAN TAXPAYER TOOD R RTERESA J HAUGAN NAME/AODR 780 TONKAWA RO LONOLAKEMN SS3S6 38 04II7232I000I PROPAODR SOI TONKAWARD OWNERNAME DRPOMUERJPOMUE TAXPAYER DAVID R POMUE NAME/ADOR 801 TONKAWA RD LONOLAKEMN SS3S6 38 08II7232I00I8 PROP AOOR 873 TONKAWA RD OWNERNAME APRICHIERMARKHIE TAXPAYER NAME/AOOR APRICKIERM A RICHIE 430HIGHCROPTRO WAYZATAMN 33391 ^ / 38 OSI1723340001 PROP AOOR 722 TONKAWA RD OWNERNAME STANLEYSSANDIFORO TAXPAYER STANLEY S SANDIFORO NAME/AOm 722 TONKAWA RO LONOLAKEMN SS3S6 38 OSII72334000S PROPAODR 746 TONKAWARD OWNERNAME E A CALDWELLRMTCALOWELL TAXPAYER EDWARD A R MARY T CALDWELL NAME/AOOR 746 TONKAWA RO LONOLAKEMN SS3S6 38 OSI1723340008 PROPAODR 770 TONKAWARD OWNERNAME TSRSJOKERSTROM TAXPAYER THOMAS S R SUSAN J OKERSTROM NAME/AOOR 770 TONKAWA RD LONOLAKEMN SS3S6 38 OSI1723340012 PROPAODR 833 PARTENWOOO LA OWNERNAME SHAIKHASIMOUL TAXPAYER SHAIKH ASIM OUL NAME/AOOR 8SS PARTENWOOO LA LONOLAKEMN SS3S6 38 0811723210002 PROPAODR 82S TONKAWARD OWNER NAME S R BBSEN R M R MOREY TAXPAYER SCOTTBISSEN/MICHELLEMOREY NAME//^ODR I602S 36TH PLN PLYMOUTH MN SS446 i A ,v'..T'i■■■,;:: .4’ m RUN DATE ; i:OZa)04 •r; HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 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 DEPAR1 OF MY KNOWLEDGE AND BELIEF. {2^1'iVfe'^^ / / ./■ PAGE: 2 •:v. i'i I pr V-^ I , ' *'iV. * t'* ■.'.r - ■ y' •' ■ ,* Vi, w '■■'iIk ■W: '••'■’■.•■ . •, . V•{? •".. .. ..• -f,!-. ‘n % ■ ■ ‘V* . ■■ ■-:' ■’T"' '~T~ Vftj-- M* 1/ jlPv.V ■• rJl7/7 -r 7^ v.->.fP' •r EXHIBIT H f Date AppNcatioR Received: 12-22-04 Date Appikation CoaaMcred as Conpktc: OI-IM-OS 60-Day Revkw Periad Bipiratioa - Eitcaiioa: 05-13-05 CDUMni ««erTiNQ MAY 9 2005 CITY OF OHOfvg REQUEST FOR COUNCIL ACTION Date: May 2,2005 Item No. ^ Departneat Approval: NaoM: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Deseription: #05-3074 - Sean & Melissa Wambold -1379 Park Drive - AOer-the-Fact CUP & Variances Zoning District: Lot Area: LR-lBy One Family Lakeshore Resktential, 1-acrc 1.3 acre (56,845 s.f.) List of Exhibits: A. Resolution B. Revised Site Plan C. Council Action Notice of 04-28-05 D. Deadline Extension dated 05-02-05 E. Draft Minutes fiom 04-25-05 Application Snmmary: After-the-fiict 0-75* and 75 ’-2S0’ zone hardcover variances and an after-the-fact conditional use permit for grading within 75 ’ of the lake were approved at your previous meeting. Pianniag Staff Recommendation Adoption of die attached Resolution. COUNaL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1286 FILE NO. 05-3074 WHEREAS, Sean S. Wambold and Melissa Wambold, husband and wife (hereinafter “the applicants”) are the owners of the property located at 1379 Park Drive within die City of Orono (hereinafter the “City ”) and legally described as follows: Lots 13, 14 and IS, Block 6 and Lots 14 and IS, Block 7, in Saga Hill Revised, together with that portion of Vacated Oak Place lying between the extensions Southeasterly across it of the Northeasterly line of Lot 13, Block 6 and the Southwesterly line of Lot IS, Block 6. Also together with that part of vacated Forest Boulevard as dedicated in the plat of “Saga Hill Revised, Hennepin County, Minnesota” which lies between the Northwesterly extensions across it of the Southwesterly line of Lot 1S, Block 6, “Saga Hill Revised, Hennepin County, Minnesota” and the Northeasterly line of Lot 13, said Block 6, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for variances and conditional use permit to Orono Municipal Zoning Code Sections 78- 1288 and Section 78-1286 to allow retaining walls within 75* of the OHWL of Lake Minnetonka and within the 75’-250* zone requiring hardcover variances for both the 0- 75* and 75*-250* zones and a conditional use permit to allow grading within 75* of the OHWL. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3074. 2. The property is located in the LR-IB, One Family Lakeshore Residential District, which requires a minimum lot area of 1.0 acres. The applicants’ property is 1.3 acres in total area. Page 1 of6 1 t [; li 3.The Planning Commission reviewed this application at a public hearings held on January 18, 2005 and February 22, 2005 and recommended approval of hardcover variances and a conditional use permit based on the following findings: a. The square footage of the retaining wall within the 0-75 ’ zone is equivalent to the square footage of an allowed stair access. b. The retaining wall within the 0-75 ’ zone will accommodate a grassed ramp to the lake yard to allow for access of lawn maintenance equipment for maintenance of the grassed lake yard. c. The retaining walls within the 75 ’-250 ’ zone will assist in maintenance of storm water on the applicants’ property and will assist in reducing erosion of the neighboring property ’s hillside. d. The existing retaining wails were installed by a previous property owner without City authorization and the applicants are attempting to bring the non-compliant 0-75 ’ and 75 ’-250 ’ zones closer to compliance with hardcover regulations. e. The total reduction in hardcover for the 0-75 ’ zone as a result of this approval is 695 s.f. for a total 0-75 ’ hardcover of 240 s.f. or 2.11%. f. The total reduction in hardcover for the 75 ’-250 ’ zone as a result of this approval is 1241 s.f. for a total 75 ’-250 ’ hardcover of 6,952 s.f. or 26.3%. g. The 0-75* retaining walls should be shielded fiom views from the lake by vegetative screening. 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 variances and conditional use permit on the health, safety and welfare of the community. Page 2 of 6 ,4 1 f.r- i • 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and conditional use permit 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the ^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin;^.., the Orono City Council hcicby grants hardcover variances and conditional use permit to Orono Municipal Zoning Code Sections 78-1288 and Section 78-1286 to allow grading and retaining walls within 7S ’ of the OHWL of Lake Minnetonka and a hardcover variance for the 0-75 ’ and 75 ’-250 ’ zones to allow retaining walls, 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. Hardcover in the 0-75 ’ zone shall not increase above the level of 2.11% or 240 s.f. The applicants are advised that this non-conforming hardcover is counted towards the 75 ’-250 ’ zone hardcover allowance when determining allowable amount per zone. Hardcover in the 75 ’-250 ’ zone shall be limited to 6,952 s.f. or 26.3% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by July 1,2005. Page 3 of 6 J 5. The retaining walls within the 0-75’ setback zone shall be shielded when viewed from the lake by vegetative screening. 6. 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 variance and conditional use permit will expire on that date (May 9,2006). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically termiiute any authority granted herein, and shall be punishable as a mi.«'’?meanor. 8. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 9"* day of May, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Ownerfs) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 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 ^ 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 Ir I'* STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of _ by Sean S. Wambold, husband of Melissa Wambold, husband and wife. ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of ^2005 by Melissa Wambold, wife of Sean S. Wambold, husband and wife. Notary Public 'f V.""; ' ' ’-'m ^ a V - mm Page 6 of 6 V.- ; Bcffi^rrA ^7 -:-;nr^yT FOREST LAKE Hardcover CalculaHons O-rSfIZon* stone W&ll 240 sq.fL (90ft length x 32 in. average width) Total Hardcover 240 sq. ft Total Land Area 11,350 sq.IL Propose Hardcover Percenlaige; 2.11% Stone Walls & Borders 840 sq.ft Steps 254 sq.ft. De<^ in rear of House 424 sq.ft. Deck near Garage 243 sq.ft. House 2173 sq.ft. Front Porch 47 sq.ft Garage 642 sq.ft Rear Porch 386 sq.ft. Concrete Sidewalk 349 sq.ft. Cone. A/C Pad 9sq.lt Cone. Stoop at Pation Door in Rear 32 sq ft. Flagstone Walk (Rear Near Garage) 59 sq.ft Flagstone Walk (Front near Garage) 155 sq.ft. Asphalt Driveway 1339 sq.ft Total Hardcover 6952 sq.ft Total Land Area 26.423 sq.ft Proposed Hardcover Percentage: 26.31 % MftZone Detached Garage 502 sq.ft Aspalt Driveway 2660 sq.ft Concrete Apron 44 sq.ft Pavers 9 sq.ft Stone Borders 141 sq.ft. Total Hardcover 3350 sq.ft Total Land Area 20.834 sqft. Proposed Hardcover Percentage: 16.11% MARKELL - LABEREE DESIGN GROUP ns PARM HI«Xl Ofwe CAOAN.MN 1 hrrctiy cvftify ibM ilu» |ilaii ww ivcparvd by «e or mmIci my diicci nion and thiN I am a duly ro{;ivtcuiJ IANDSCAPH ARCIinrci under Ihc kms id die Stole of Mimicuito Ice Maikcil Dan; I kenw No easema - aaemt SMii CNKMO.ato »?n ■ L Slone Walls & Borders 840 sq.ft Steps 254 sq ft. Decks in rear of House 424 sq.fl Deck near Garage 243 sq.n. House 2173 sq.ft Front Porch 47 sq.ft Garage 642 sq.ft Rear Porch 386 sq.ft. Concrete Sidewalk 349 sq.ft Cone. A/C Pad 9sq.ft Cone. Stoop at Pation Door in Rear 32 sq.ft Flagstone Walk (Rear Near Garage) 59 sq.ft Flagstone Walk (Front near Garage) 155 sq.ft Asphalt Driveway 1339 sq.ft Total Hardcover 6952 sq.ft Total Land Area 26.423 sq.ft Proposed Hardcover Percentage: 26.31 % MNI.Zone Detached Garage 502 sq.ft Aspalt Driveway 2660 sq.ft Concrete Apron 44 sq.ft Pavers 9 sq.ft Slone Borders 141 sq.ft Total Hardcover 3350 sq.ft Total Land Area 20.834 sq.ft Proposed Hardcover Peroentase: 16.11% ^ 1__ 4<7 CITY OP ORONO 2750 Kelley Parkway P.O. Boi 66 Cn 3tal Bay, MN SS323 (952) 249-4600 ZONING FILE 05-3074 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 28,2005 TO: Scan A Melissa Wambold 1379 Park Dr Mound, MN 55364 COPIES: TYPE OF APPLICATION: Aftcr-the-Fact Variances DATE OF MEETING: April 25,2005 VOTE: 4 FOR 0 AGAINST Motion: The following motions were made: 1. To approve an after-the-fact hardcover variance to allow 240 s.f. of retaining wall hardcover witiun the 0-75’ zone for a lake access, and 2. To deny an after-the-fact hardcover variance within the 7S’-2S0’ zone for 29.5% hardcover, and 3. To approve an after-the-fact hardcover variance within the 75*-250'zone for 26.3% hardcover to allow portions of a retaining wall to remain to reduce erosion onto the neighboring property. Applicant ’s next scheduled meeting is for final resolution 'approval and is confirmed as: City Council - Monday, May 9,2005 - Meeting starts at 7:00 pm 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. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. pcmre* 7. W5-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE - VARIANCE AND CONDITIONAL USE PERMIT Curtis explained that the application was tabled at the March 28"* City Council in<*eting to allow Engineer Tom Kellogg to review the applicants ’ request t(^ allow specific portions of the walls within the 7S-2S0’ zone to remain. This area was also show;n,by the,Neighbor as an area requiring some retaining walls to help manage storm water drainage and facilitate erosion control. Curtis stated that it would be staffs recommendation that approval of a hardcover variance within the 0- 7S’ zone for 166 s.f. or 1.46% hardcover to allow po^qns of the existing retaining w^l to remain for a grassed lake access path. Staff also recommends approval of a hardcover variance within the '%'y ■ ’, 7S-2S0' zone to allow portions of an existing retaining wall to reihain to facililitate erosion control as proposed by Tom Kellogg. 4 Mr. Wambotd stated that he was not in'.tdtaLagi^inent with the Engineer ’s conclusion. By reducing the retaining wall to the 942’/'Waihboid contended that they are opening up the area to erosion problems again in the 0-7S’. A^ve the 942’ Wambold agreed the boulders and wall could » *4 be removed without problem. Af^iii, Wainboid sMed that v fhe new homeowner, nothing was on file with the city which would ^ve flagged his attention diat there was a violation in t .rst place. Wambold also stated that he wished to keep a portion of the new flagstone patio the previous owner had recently completed te b^d in to a remodel they will be proposing this fall. .. lift, ***::•.; ‘•’..-.-'■.a Having recalled the previous conversation of March 28 , Murphy asked what portion of the wall would be allowed to temain tin,order to deter further erosion problems for Wambold and his {^Yoeighbor. (iy-f Kellogg stated that he felt most all of the wall could be removed a.iJ tlie entire grade legarded to a 3:1 slope, up to the, back of the home, or the City could require just a portion of the wall be removed. Wambold stated that since the original project took about 2 years to complete and was an annoying noisy mess to the neighbors, he was hesitant to begin a long term project that would remove 300- 400 tons of rock and dirt to vsgrade the entire steep yard. MeMlUin asked how high the wall was at the 942’ level and how regarding might alleviate the i erosion problems which led to the landscaping originally. Kellogg stated that the yard would need to be replanted with deep root plants, not grass, to contain the hillside. Bill Jackson, of Jackson Landscaping, stated that they had supplied the original owner with product for his work. Jackson stated that he directed the previous hdmeowner to contact surveyors and the city after he had gotten a stop work order in ordef' to proceed; He sbded that the homeowner had 4 -I * ' supposedly gotten the necessary paperwork in order otxe he resumed work 2 months later and hired Jackson to place the final boulders and revegetate the hillside. Jackson stated that, in his opinion, if the boulders were removed, it would be a tdiigh hillside and slope to retain. He noted that it is a good elevation from the building pad to the lake an4thid miich runoff would race down the slope to the lake making it difficult to maintatfnwgetation on the slopeV ^4^ Kellogg pointed out that the yard could/M'td^ded fidm thd^&lkw up to the house to obtain a L./'• ; 3:1 slope. He felt the question was whether the Wanibbld’s and their neighbors would be better off if the wall remained or was rem<>^..>. r m ■■ ' . 'j V ' ‘1 ■ Rick Rusvold, Jackson Landsi^ihg, stated that the top boulders were placed to slow the water before it hit the hillside. He staM that, previously, the water ran down the hillside like a rr.'cr ♦ wiping the whoje bimide away. ' stated that/n^rMnilU^he felt the citv ha I * • htur|)hy stated that, felt the city had compromised allowing the first 30’ of wall, and ,^iliiit iie did not have an isStie wiife the last IS* of boulders; however, he was concerned with the • *..V llic otW^C^Uncitmemben incurred.ouncii memnert eoii Wambold clarifiM ttot.the lower portion of the wall could remain, while the upper be removed. With regard to the patio, Wambold stated that he would like to keep a portion of the patio to incorporate into a remodel. Curtis stated that the allowance for the retaining walls would put the hardcover at the 75-250 ’ zone at 26%. The patio would put hardcover at 29%. .v_: il Murphy stated that the Council could not prejudge a hardcover flgure for a remodel that has not been designed as of yet. McMillan concurred; stating that until the applicant know what their plans will be the City Coun.;il cannot know what hardcover will be allowed. ,4:^. Murphy pointed out that, no matter what the applicaiit’s plan is rej^rdinj; d remodel or rebuild, he or his contractors may want the patio out of the W^ju ^ Acting Mayor Sansevere asked whether the City shouiaput a ^ for removal of the patio on the motion to allow him a window. Wambold agreed to removal of the patio artid City staff to biiild at least a portion of it into their remodel plans this fall. Murphy moved, McMillan sanded;’ to d^nici staff % draft a resolution allowing the continuance of the lower bo^e^ retaining ^aU'wltlUn)i^'e 0-75* and removal of the upper ^ i . . : i'* wall above the 948* eleva^ii, aufl denial of the hardcover request for 29% hardcover within the 75-250* aone which w<M^.‘requfre removal of the flagstone patio. VOTE: Ayes 4, Nays 0. .V., ■«k '• ,JTsmnt-; i Dale AppIkatioN Received: 02-I7-0S Dale Appikalioa CoN*idercd as Complele: 03^3-0S 60-Day Revkw Period Espires: 0S-O3-0S 60-Day Revkw Period Eileaded to: 07-03-0S Co* HiiccrTiMQ MAY 9 2005 CITV OF OHO/VO REQUEST FOR COUNCIL ACTION Date: May 3,2005 Item No. Department Approval: Name: Melanie Curtis iM/j Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3091 - Catherine Sallas - 3635 North Shore Dr - After-the-Fact Variances Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5/100’ 7,025 s.f. (0.16 acre) 50 ’ List of Exhibits: A. PC Action Notice dated 04-19-05 B. PC Memo & Exhibits of 03-31 -05 C. Letter from Adjacent Neighbors Application Summary: The applicant is requesting afrer-the-fact lake and side setback variances and a 0-75’ hardcover variance to allow an existing roof top deck to remain 50’ from the lake and 9’ from the southwest lot line on the roof of the existing home. The neighboring property owners have provided additional written comments and photos illustrating their concerns. Planning Commission Recommendation On April 18, 2005, Planning Commission voted 4-3 to recommend approval of the afrer-the-fact variances in conjunction with removal of all portions of the existing grade-level deck that extend lakeward of the average lakeshore setback (approximately 140 s.f.). Planning Staff Recommendation Planning staff recommends approval of the afrer-the-fact lake and side setback variances and hardcover variance with the stipulation that an equivalent square footage of hardcover be removed to account for the new hardcover (52 s.f. deck stair). COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting Council’s decision. CITY OP ORONO 27S0 Kelley Parkway POBox66 Crystal Bay, MN SS323 9S2J49.4600 ZONING FILE 05-3091 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 TO: Cathy Sqflas COPIES: 3220 Bohns Point Ln Wayzata, MN SS39I TYPE OF REQUEST:After-the-Fact Variances DATE OF MEETING:April 18,2005 Plraiiag Conoiistioi rccoifunradcd at foUowt : Approval of the after-the-fact lake and side setback variances for the roof top deck stipulating removal of the portions of grade level deck within the average iakeshore setback. VOTE:4 FOR 3 AGAINST Applicant’s next scheduled meeting is confirmed as: City Coancil - Moaday, May 9**, 2005 - Meeting starts at 7;00 pm If you desire certiiied 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 9S2.249.4627. V. . V ; : -V • • ■ V* • •/: - ■ V- mm ■PS mmm m'-w- - ‘ r:v. ^•v % ^ ■ V"-* ■ vm mwmm.i. n:. •> r FILE MS-3091 31 March 2005 Page 1 o(4 Date AppHcattoR Received: 02*! 7-05 Dale AppHcalioa CoaiMered as Complete: 03-03-05 60-Day Review Period Eipires: 05-03-05 60-Day Review Period Eitended to: 07-03-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner March 31.2005 05-3091, Catherine Sallas, 3635 North Shore Drive, After-the-Fact Variances Public Hearing 2^nlng District: Lot Area: Lot Width: LR-IC, One Famiiy Lakeshore Residential, 0.5 acre/100 ’ 0.16 acre (7,025 s.f.) 50’ AppUcation Summary: The applicant is requesting after-the-fact lake and side setback variances to allow an existing roof top deck to remain 50’ from the lake and 9’ from the southwest lot line on the roof of the existing home. ____________ Staff Recommendation: Planning Department Staff recommends approval of the after- the-fact variances for the rooftop deck. A building permit must be obtained for the deck. Hardship: Half of the existing one level house is within 75' of Lake Minnetonka.______ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements (a) Height. No structure or building in an LR-IC district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. Lot Area (acre) Ut Width (feci)From Yard (feel)Side Yard (feet) Rcor Yard (feel) Side Yard Adjacent to Sircel (feet) 0.5 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL tliere shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. See. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be L FILE *05-3091 31 March 2005 Page 2 0(4 located to meet all setbacks. Stnictures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Public Water Clanilkation NB RO THbulwy Setbacks Sewage Structure Treatment Sewered System ISO ISO ISO 100 75 75 75 75 75 100 75 75 List of Exhibit* A. Application B. Ha^ship Documentation Form C. Existing ft Proposed Survey/Site Plan D. Submitted Hardcover Calculations E. Aerial Photo F. Photos G. Comments from Neighbor H. Letters from City Staff regarding deck I. 60-Day Extension J. Property Owners List K. Plat Map Backgroaad The property is currently owned by Catherine Sallas, the applicant. In April of 1998 the previous property owner was notified that a deck constructed on the roof of the home required permits and a variance. This deck was repaired by the same owner after a storm without building permits. In October of 2004, the current property owner was notified that this rooftop deck did not have proper City approval. LOT ANALYSIS WORSHEET LR-IC Lot Area Lot Width Required_______21,780 s.f (O.Sacre)100 ’ Actual 7.025 s.f. (0.16 acre)50 ’ acfpwnii ------------- LR-IC Required Existiae Proposed Rear 30 ’42’No change NESide 10 ’ -0.15 ’ (home over the lot line) 10 ’deck No change SW Side 10 ’4.5’ 9’deck No change Lakeshore 75’ 27’ grade level deck 49’ existing home ft roof deck No change Average Lakeshore The deck and the existing home are located behind the average lakeshore setback. FILE »05-3091 31 ^A■rch 2005 Page 3 of 4 Structiral Covcrace: Total Lot Area Total Structural Covcrace 7,025 s.f. (0.16 acre)Allowed: I053s.f. (15%) Proposed: 929 s.f. (13.2%) Hardcover CalculattoMi; Hardcover ZOBC 0-75 75 - 250 Total Area iaZoBC 3,800 s.f. 3,225 s.f. Allowed Hardcover 0s.f (0%) 806 s.f. (25%) Exbtiag Hardcover 1,340 s.f* (35.26%) 2,092 s.f • (64.8%) Propoeed Hardcover 1,340 s.f (35.26%) 2,092 s.f (64.8%) Total Site Hardcover 3,432 s.f 106% Alter exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance Most of the roof top deck meets the side setbacks on both side lot lines with the exception of a portion on the southwest side. The existing home is not constructed completely parallel to the property line. Although the deck stairs and the most lakeward portion of the deck on the southwest side meet a 10’ setback the angle of the home, with relation to the property line, a portion of the deck falls approximately 1* short of meeting the setback. The total encroachment is approximately S s.f.. Lake Setback Variance Half of the existing one-level home is located within 75 ’ of the OHWL. The deck is located on the roof of the lake side of the home, thus located within 75* of the lake as well. Hardcover Variance With the exception of the 52 s.f. of stair, the roof top deck does not add to the overall hardcover of the site. There is currently 35.26% hardcover within the 0-75’ zone and 64.8% within the 75 ’-250’ zone. Including the road serving this property and one property to the west the total site hardcover is 106%. This percentage is based on the area of the 7S ’-250’ zone and accounts for the 1,340 s.f. of nonconforming hardcover within 75 ’ of the lake. Hardship Statement Ai^licant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Aaalysis /w coiuUtrtttg tfpHcaHoHM for rmHunce, ike nmnulng CommbMhn ekalt comUer ike effect of ike propoaetl tmrtomce o/mhi ike keoUk, *o/ety welfare of ike coammatiy, exiMtiag aaH aaticipated traffic coaMHoaa, Hgktaaelak, laager effire, riak to ike pmktlc tafeiy, aartike effect oa ealaes of properly la Ike sarroaarUag area. Tke Haaalag Coaaabtha akall consider reconaaeatUag approval for variances ffam tke literal pravIslaaM of Ike Zoning Code la lastances wkere ikeir strict enforcement would cause undue kardskip because of drcumstances unigue to tke Individual property under consideration, and ik FILE #05-3091 31 March 2005 Pa0a4n(4 skaH rtcommtml afp rova! oafy wkea h i» dtatoattraied that suck actions will oe In keying with the ifMt anti Inlont of tka Orono Zoning Cotie. StafTs conclusion is that the impacts of the very minor side setback encroachment are minimalt and that the deck is in a location that is as conforming a location as can be found on this very limited site. IssMS for CouMcratioo ■ Planning Commission should address any concerns expressed by the neighbors. ■ Are there any other issues or concerns with this application? Staff RecoMMeadatioB Planning Staff recommends apinoval of the afler-the-fact side yard and lake setback variances for the rooftop deck. A building permit must be obtained for the deck. 'W i ^.-*•••*•*»•**’.*- % -.rlv ■■■ lliii j U. . V/ > l.j» i'a •5W' f' AJIK . 0 ■ ^ JdH - a \ t ' City of Orono Variance Application ■*C*. * street Address: 2750 Kelley Parlo*»ay Orono, MN 55356 r Main: 952-249^00 fax: 952-249-4616 Maying Address: . P.O. Box 66 Crystal Bay, MN 55323^)066 Application# O‘5-'b0^ \ Date Received: ^ hnioK Amount Paid:, (anC\ (rO Staff: KAlX^Xjnic, CurM'i Fee: S600 , Renewal: $300 After-the-fact ^200 Double Fee This application form must be completed In full. Appleant will be notified within 15 days as to the status of the application, incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: ^ Site Address: S<r^ ^ Property Identification Number (PIN): (Attach legal description to application if included on the survey.) Date Property Acquired (m^th/year): Lo/*t □ Yes. I own the adjacent parcels. Present use of property: Residential'^ u Other ___ Zoning District: APPLICANT INFORMATION: (Cmplete Ittgai narres and marital status required for each Interested par^} Name: 'jU _______________________________________ Phone (home): Address: Phone ^-gyve/ Email:¥LI<ki Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name:_________________________________________________________ Phone (home): Address: __ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional sheets if necessary): ATUjU gJuLy ct ^ \ -* ^Sr • ^h- ' vX r^‘ S'] I / /:‘ftr s/*i r U iv - / j REQUIRED SUBMITTALS: . . . ^ ^ x All of the following Information must be submitted by the application deadline date in order for your • application to be processed. □□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department . of Finance, Government Center, A-603 300 South 6“* Street, Minneapolis, telephon^612i-348:5_910 • ’ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements iistad within this packet, including hardcover calculations. Also provide one copy 8.5” x 11" oi 11" X17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevatioa views (provide one copy 8.5" xlTorlTx 17"). Additional Herns may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant’s Signature: Applicant's Signature: Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entr> onto the property by City Staff, consuHants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner ’s Signature: Date: Date: Applicant must have all submHtals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the CHy Planner assigned to your project. i! r v; ‘•'I(i {>1 CrA- s. Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a required submittai for ALL variance appiications. 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 e)d8t8 and how the variance will affect the suTOunding community. To prove a hardship, address all the relevant points listed below and answei them as clearly as possible. Since you are req jesting 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): "The property in question cannot be put to a reasonable use if used under conditions allowed b; the official controls.* ■71/ /!*'{/*fi./j'/j / n M-4^^'4-ii/ tA/f, d/j 2."The plight of the landowner is due to circumstances ijnique to his property not created by the landowner.* *The variance, if granted, vrill not alter the essential character of the locality.*3.. anted, vrill not alter the essenfic A^v-c £/x "Economic considerations alone ^ll-4iot constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter * L^^ fOd- U O o 11 tl•-j Q: 1 tt nkmm 5. 6. m'' ' 7. 8. 9. 10. 11. Page 2 of 3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 1 16.J.06, Subd. 2. when in harmony with this Chapter." /J -- •The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property In the zone where the affected person's land is located.'' ^7 J ' ^ “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.* “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.* nUbtA^ i not apply generally to other land or structures in the district in which said land is located." . / < kJ /sjcf ~n/J Atv.LA ) 1 “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” . . • diUC' “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning iUUMy'Uc LcL -^1 It Arit: “& i.-s/Z d' hi f v.;. -'" A f • • •:n w m V.N r.1 w^Bmn * 1^. r 1 Page 3 of3 12. "The granting of such variance wili not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." <A^ 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 nec^sary); Jj vJ\ ''-^\LAJ A ( txJLLCA / ^JjLAct uul^zLCLi^jyu^'<iLL>0-f j ^^/EL dxU-jUiA ^ { / l)^ . . t K X, cL 'fxM..y i \ ;v*^ % c ■ / A J Ju-i^ A^,-^ c •"•‘I i \ ti'i^ZycL^ / ■v^ / ^^<5 // 1 / HARDCOVE SETBACK ZONE: (CIRCLE ONE) gXISTiWC ff AftPCQVEB mZQME A. Mouse CULATION WORKSHEET 75>250' 250-500' LditUi 500-1000* _ S.F. WMtfi X X B. Oarage C. Driveway X X D.X X B. Patio^DgfikP^rfS^X X P. LandKape Underlain By Plastic Or Fabric X X X 2/Z 0. total hardcover in zone TOTAL PROPERTY AREA IN ZONE A _ •¥ B i34^ 3SO»xloo PROPOSED HARDCOVER IN ZONK A. House Lengili WidUi X X X B. Oarage C Driveway X X I>. Sidewalk X X >1.E Pstk/Deck X X F. Land Kap e *' Underlein By Plastic Or Fabric X X X 3s, 2M O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A . - - - - - + B S.F. ST. S.F. S.F. S.F. ST. S.F. S.F. S.F. S.F. SJF. S.F. ST. ST. S.F. A S.F. B % S.F. S.F. S.F. ST. S.F. S.F. ST.C I -1 S.F. ST. S.F. S.F. { ST. S.P. S.F. S.F. xIOO - S.F. ST. % A B f ••J ‘ *■ fhiff SA€>4^ HARDCOVER CALCULATIQNWORKSHEET ✓ / M i' a SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONK A. House V 250-500* LMgIh WMih 500-1000* g7% S.F. X X X B. Oarage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Lawbcape Underlain By Plastic Or Fabric S.F. S.F. S.F. S.F. X ^ #l#r iMCLUt)^ 1 S.F. '»> ^LrtfTh t ______ S.F. 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B m xioo PROPOSED HARDCOVER IN ZQNl^ A. Home Length Width B. Qirtge C. Drivewiy X X D. Sidewalk X X B. Pario/Deck X X F. Landscape *' Underlain By Plastic Or Fabric 27. O. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ ♦ B xlOO - I—! S.F. S.F. S.F. SJF. S.F. S.F. S.F. I y’rui''*S.F. S.F. A S.F. B SJ. S.F S.F. S.F.t _SJ. S.F. SJ.J., S.F. SJJ. S.F. S.F. . 'i / . r* yi — ■r ^1 S.F. S.F. S.F. • •;> V* ' fit: S.F. S.F. S.F. % A B i 1 Exhibit E jT •' y KW pm' /t'/ ^‘'i - > ■;# ' -y ^ ■'1 j',# ■C >‘■•f-’.‘,k ■' • % V'’’ V ¥Jf ■:m '“■ ■ 'E •y- Y r V ^•v. . •; />•* " V i ■■>.■■•■ > •.- ’ '■ 'lijr X i 11 ‘ . *■ W<;WJ 3635 North Shore Drive f ■ Overview Map •«. •m > VJ ^■4^:11 » t £*. 1 M •"S_________ ■ ja_ji^; ^-PI 1 *r-Sfe. m I- / / ^ *>/• vf. hhIr--'Oi=-'i m I a'n n 5^.-iH5n s ra 5:3^3 3 3 1 n n? ■ . • ' ' . • . 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C >j S »mr»'iV t sV*/ •if ^Vfc. • jH'» • ■ *• %A* ■C^»- V v» * * A-jiy- ■ -ixy, '( J ••• ' rii) v;, '--..v...-, 'Wi s|fe .V?A .■ • ■'• .-3: , •-■[^ l-« J«^ -fi: . ■ -I 'v' I- ' * mM ^V; ‘ \ \'.\S 1-u \'y X3 — ^ _S.‘- # # # t A ^ ^ ; :><A - . ^ '-- X <>»» -«r. - 4r:4lW ? • 1 \ , . f- • ^ ' tel •i' •.' '-r 4;;!: m ’•i'l’ ■'•,?•■- m'ivkjM ^Wr>d iv ■1^1i 3n> >'oi-''’:. ’■•'’Vi v ! 'adL:r:-'~;lP2, f® V ?’! i i i ■ ...............................W i. *; ■' iWV' ' -! if'^vLlEv- ,!04/01/ >rS-'i- - ^*4. -■ .' . '' . •.•' .* ^Nw J ;\ > ♦ > .; ■ ’• »■ H i « CITY of ORONO Municipal Offices Street Address: • 2750 Kelley Parkway Orono, MN 55356 Mallltit Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Devora Doitch 3635 North Shore Drive WayTtta, Minnesota 55391 ** * ., ^ . w Re; Deck Construction Dear Mr. Doitch: On April 24,1998 this oflBce notified you of the requirement for a building permit to construct decks in the City of Orono. You were also notified of zoning violations with the deck. Since that notification, the deck was storm damaged and repaired again without building permits. Therefore, the City must require you to remove the deck or file a variance application to see if the City CouncU would grant variances to allow you to keep it. A deadline of November 30,1998 has been established for removal or submittal. If you have any questions, please feel free to contact me at my office. Sincerely, Lyle Oman Building Official i ■; \ e•» . LO/ch Enc. Vftnftncc AppUc^tioii , cc: Brace L. ViA FieM Ins^or ^ ‘ r' - r.j : * ■*»* r:acrsr.3®rrjrT TtliihMW (iU) 47»-73i7 • rAX47»4nt V/--" //o o w \\ ' •/. ".'V® CITY of ORONO Munklpil Offices • *.r StTMt Addrsts: 2750 Kelley Patliway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 October 28,2004 Catherine M. Sallas 795 Femdale Rd N. Wayzata, MN 55391 RE: Deck at 3635 North Shore Drive Dear Ms. Sallas: This letter is regarding a roof-top deck which was constructed by the previous owner of your property at 3635 North Shore Drive. The previous owner was notified, by the attached letter from City staff and during numerous subsequent conversations over a long period of time that the subject deck was constructed in violation of City Codes and without a building pemiit. This letter is your official notification that the deck remains in violation of City Codes. The City requires that the deck be removed or a variance must be obtained in order bring the property into compliance. A variance ^plication is enclosed and a meeting with City staff is required prior to submittal. Please remove the deck or complete the application and schedule a meeting with me prior to December 13, 2004 to avoid legal action by the City. Your cooperation in this matter is appreciated. Please contact me at 952.249.4627 or mcurtia@ci.orono.mn.us with questions or to set up a meeting. Sincerely, City of Orono Melanie Curtis City Planner encl c: Lyle Oman, City of Orono, Building Official lUiplNae (9») 24M6M • Dn (9S2) 24M616 TifliiifrtiirtiiftnlMaftM Brod A Donno Olson 3649 North Shore Drive Orono, MN 99391 April 13,2005 Oa <%X To Whom It May Concern: We are the owners of 3645 North Shore Drive property. The purpose of this letter is to protest a zoning variance application for a rooftop deck, applied for by the owner of the adjoining property, 3635 North Shore Drive. This deck is non-conforming in accordance with City of Orono code, and is also extremely intrusive of our privacy. The deck is less than 15 feet from the back door of our home. The bottom photo, taken from our main bathroom, provides a clear view of its intrusive proximity; it seems you could reach out and touch someone as they are walking up the stairs of this structure. In addition to being intrusive, the deck was very cheaply built and aesthetically challenged. Because of the close proximity to our home, anyone on the deck speaking in a normal voice, sounds like diey arc standing next to us when we’re in our front yard or in our home when the windows are open. It is not our intention to cause the Landlord or Renter unnecessary difficulty or expense, but this deck was built without permission or by following the proper rules of the City of Orono and therefore should be removed in a timely matter following this ruling. Brad & Donna Olson 4 f { ■ ------^ »•, 'I* .. '< 'I '*. I I • • ••‘ - 7 .* .......‘ * ,*^zr^rw'\ ■»» iU N >.v>. k .« T-' 3 Si,'' ir-l ■ n ^ • ^iik: • » I'*• ‘.r* ! z' '4^ iL ? •'v<. ^ /.jif* % w w . 15*[V I cf> Wi TT r rjT-r if:- '. Nark Welch 3635 North Shore Drive Orono, MN 55391 Resj^tfully Submitted to City of Orono Planning Commission Members: ^ttieo^oftheptopertyat3625NorthShoreDrive,andneighborlo3635Norlh -'?« SSSH^S3S=- • ^ I also find tte deck to te an myasion of my privacy (see pictures). When the current renter and tteir guests is on this deck, their voices carry so loudly that it sounds like t^ re staging right next to you. I am also uncomfortable with someone having the .®* I’m doing in my yard. I’m not trying to bedifficult, but I trust the deck will be taken down soon. Thank you. Respectfully, Mark Welch mmm ^4 • 1. I •»' .I*-. ' k ■i\'r.Av LJ: ' t 7/: /X' >Iii S>:5:5 S I * * > * «i .F'" Wc^(, i ^. ■•)• iKiiiiiiiiniiiimiiimimmi*'; % p?-“i?!Tvam I -X*. . r* I.’ t ». f I 4r v.'r w 1 CITYoT I [{NO ‘r.•’>MuiUciH Oflim Stwl AMrass: 2750 ¥$ati Pathway Orana, MN 55356 iattag Milan. P.O. B« 66 Crystal Bay, MN 55323- Catherine Sallas 3220 Bohns Point Ln Wayzata. MN 55391 SUBJECT: 2^oning Application #05-3091 The City of Orono is required to notify you within fifteen (IS) business days as to the status of your application for an aiter-the-fact variance for property located at 3635 North Shore Drive. Our preliminary review indicates that your application is complete. Based on our discussions it appears your vacation coincides with our March meeting date. As a result your application is scheduled to qipear before the Planning Commission on Monday, April 18,2005. The meeting begins at 6:00 p.m. Please make sure that you or your rqrresentative is available to attend the meeting. You will be mailed a staff report regarding yoiur qrplication prior to the meeting date. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of qrplication, and that this review period may be extended by notification to the q>plicant. Your application was reviewed and considered completed on March 3,2005 and the 60-day review period would end on May 3,2005. Due to the delayed Platming Conunission date the earliest potential date of final Council action fidls near the expiration of the 60-day period, nerefore, the review period is herety extetided hy this notice am eddidonai Mdt^UfJnfyS, 2005. Please call me at 952.249.4627 should you have any questions. Sincerely, Melanie Curtis City Planner TWtptoi t(t52)2S» me • Ibi (952) 24M4K KMwn.vmm i U NII733M0002 raOTADOR )• ADDRESS UNASSIONEO OWNER NAME HENNETM COUNTY TAXPAYER MENNEPW COUNTY NAN^ADOR RIGHT OF WAY DIVISION IMOPRAEUE DRIVE MEDWAMN SS340 31 MII72334000S PROF ADDR 31 ADDRESS UNASSIONEO OWNER NAME HENNEPIN COUNTY TAXPAYER HENNEFM COUNTY NAME/AODR RIGHT OF WAY DIVISION l«M PRAIRIE DRIVE MEDMAMN SS340 31 Oil 1723340001 PROP ADDR 3033 NORTH SHORE DR OWNER NAME CATHERINE M SALLAS TAXPAYER CATHERINE MSAUAS NAME/ADOR 3220 DOHNS POINT LA WAYZATAMN SS39I 31 Ml 172334001 1 PROP a DOR 3003 north shore OR OWNERNAME LAURENCE A lONES R WIFE TAXPAYER LAURENCBRAROELLXRIES NAME/AODR 3003 NORTH SHORE DR WAYZATAMN 33391 41 ff u; HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE: I ■^J " '-r •' 31 Oil 1723340003 PROP ADDR 31 ADDRESS UNASSIONEO OWNERNAME HENNEPIN COUNTY TAXPAYER HENNEPIN COUNTY NAME/AODR RIOHT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN 33340 38 0811723340004 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME HENNEPIN COUNTY TAXPAYER HENNEPIN COUNTY NAME/AODR RK3HT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN SS340 38 0811723340006 PROPADOR 38 ADDRESS UNASSIONEO OWNERNAME COUNTY OF HENNEPIN TAXPAYER HENNEPIN COUNTY NAME/ADOR RIOHT OF WAY DIVISION 1600 PRAIRIE DRIVE MEDINA MN 33340 38 0811723340007 PROPADOR 3643 NORTH SHORE OR OWNERNAME BM OLSON ft DMOLSON TAXPAYER BRAD OLSON NAME/ADDR 3643 NORTH SHORE OR WAYZATAMN 55391 38 0811723340009 PROPADOR 3625 NORTH SHORE DR OWNERNAME MARKEWELCH TAXPAYER MARK E WELCH NAME/AODR 3625 NORTH SHORE DR WAYZATAMN 55391 38 0811723340010 PROP ADDR 3619 NORTH SHORE DR OWNERNAME 0 E BARON ft S M BARim TAXPAYER OARY E ft SANDRA M BARON NAME/AODR 4745 YORKTOWN LA N PLYMOUTH MN 55442 c 38 0811723340050 PROPADOR 3635 NORTH SHORE DR OWNERNAME AftDHAQEN TAXPAYER AL ft DONNA HAOEN NAME/AODR POBOX64 CRYSTAL BAY MN 55323 38 0811723340061 PROPADOR 31 ADDRESS UNASSIONEO OWNERNAME HENNEPINFORFEITEOLAND TAXPAYER COUNTY OF HENNEPIN NAME/AODR I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RKX)1 OFTHE HENNEPIN COUNTY TAXPAYER SERVICB DEPAR1 OF MY KNOWLEDGE AND BELIEF. ^fojo^ DATE ■\S* :>v • • ':sv Hennepin County Taxpayer Services Department PT OF LOT 2. BLOCK 1 CRYSTAL BAY VIEW u \ 5 ,v Pmv0l'inf6nmtk}n ParM ID M11723T Kou— Mumbar 31S Btrmmt Mmmm NORTH SNORR DR TN$ not 9 ItgaHy noofd&d map. ftr$pn»»nt$aoompUaUono/Mormatlon ami data titan city. County, and Slala mad authortUaa and olhoraourcas. i May 3, 2005 To: The Honorable Mayor Barbara Peterson & the Orono Qty Council Members From: Brad & Donna Olson 3645 North Shore Drive Mark Welch 3625 North Shore Drive As next-door neighbors to 3635 North Shore Drive, we wish to express our strong opposition to the owner's "after the feet* building variance and permit applications. In all due respect to the Qty of Orono Planning Commission, it is our strong opinion that proper consideration was not given to the following points: A. Multiple "hard cover overage* issues. According to the Qty of Orono records, there were no variances or permits granted (or even applications filed) for a double-deep garage, ground decking, ccrr.cnt patio or stairs leading to the roof top deck (see pictures attached). B. Property owner knowledge of violations. In a letter dated October 28, 2004 from Melanie Curtis, to Ms. Salias, It said: "The previous owner was notified, by the attached letter from Qty staff and during numerous subsequent conversations over a long period of time that the subject deck was construct in violation of Qty codes and without a building permit* If the previous owner did not notify the Ms. Salias of these violations, this Is a disclosure dispute, not the problem of the next-door neighbors. C. Definition of "Hardship* under the Qty of Orono Code. Members of the Planning Commission seemed to have various interpretations of this term. As we look at the definition, this property owner/situation does not fell within the parameters of this clause outlined below: 462.357 Official Controls: Zoning Ordinanca. Subd.6 Appeals and Adjustaants. 2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance...the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. In dosing, we would like to reiterate our strong opposition to the granting of this variance. This property has been built with wanton disregard for both the Qty of Orono Code and the consideration of neighboring property owners. We have no personal issues with the Owner or the current Renter but given the multiple violations that exist, the property owner's knowledge of these violations, and the proper definition of "Hardship,* we respectfully request that this variance be denied and that the COundl rules for the removal of the roof-top dedc at issue. Sincerely, Brad and Donna Olson MarkWeidi 3635 North Shore Drive Code Violations / '-'c 7C y ii''' i»', ^ M ' ^ A, ' iN.ifji/.' » Tn- .?3K './ ■ • ,• ■» • . Unapproved Gara Addition Hardcov( Lakeside . -K V h napproved hardcover ■M-'- '. • • ^ *- . i* \ N....... 1V>;K ‘:"V' \\ )proved Rooftop ;k & Hardcover V»:'.*.‘ r/ * r« Unapproved Garage Addition Hardcover* Streetside 5/3/2005 f. mwLliAWiHi''V^'r - . "Vl • 'i:. Date Appikalion Recaivcd: 03-23-05 Date Application Complete: 04-13-05 60-Day Review Period Eipirathta: 06-13-05 »JieCTtMQ MAY 9 2005 REQUEST FOR COUNCIL ACTION City of ohuivu Date: May 4,200S Item No. ? DeportnoRt Approval: Nano: Melanie Curtis liO Title: City Planner ^ Administrator Approval:Agenda Section: Item Description: #05-3103 - Jack A Kari Olson -1699 Shadywood Rd - Variances Zoning District: Lot Area: LR-IC, One Family Lakeshore Residential, O.S acre/100 ’ 5,630 s.f. (0.13 acre) List of Exhibits: A. Applicants’ Revised Plan B. PC Action Notice dated 04-19-05 C. PC Memo A Exhibits of 04-12-05 D. Draft PC Minutes Application Snmmary: The applicants revised their initial request prior to the Planning Commission meeting, and are now requesting a number of variances in order to construct a 20 ’ x 20 ’ detached garage on their property to replace a one-stall tuck-under garage which will be converted to living space. The following variances are requested: 1. A rear yard setback variance for a 11.5 ’ rear setback where 15 ’ is required; and 2. A hardcover variance for 45% within the 0-7S’ zone; and 3. A structural coverage variance for 29.6% or 1,671 s.f. structure where 1,500 s.f.(= 26.6%) is normally allowed and 23% currently exists; and 4. A principal building setback to allow a S’ setback between the garage and the home where a 10* setback is normally required; and 5. A lake setback variance to construct a 20 ’ x 20 ’ detached garage within 75’ of the lake; the applicants’ entire property is within 75’ of the lake. Planning Commission Recommendation On April 18, Planning Commission voted on the following three motions based on the revised request; 1. Approve lake and side setback and hardcover variances in order to construct an addition meeting 1,500 s.f structural coverage limits. Vote: 2-5, motion failed. 9 r~. -‘ -^ --V' " 2. Approve lake and side setback, hardcover and structural coverage variances for a 20* x 20 ’ detached garage with hardcover removals. Vote: 2 - 5» motion failed. 3. Deny the structural coverage variance with the recommendation that the 1,S00 s.f. structural coverage maximum be met with a home addition located no nearer the lake than the current structure. Vote: 6 -1, motion passed. Planning Staff Recommendation Planning Staff recommends the approval of variances in order to allow the applicants a total of 1,500 s.f. of structural coverage for a garage addition. Revised plans should be requested for Council review. COUNCIL ACTION REQUESTED Provide direction to applicants, and either table for further review or direct Staff to draft a Resolution ■- reflecting Council’s decision. : ■ bf j'Wt • .'*■ ' • Fit . at/-'t,>- ',‘i. mA •• • ■ w.m & Il npi * iM-WM mi f oyo rank r caroarelle i12) 941-3031 BxmeirrA ([ Land Surveyor Eden Prairie. MN 55344 Survey For, jack ouon itate SI Book 1966 Shadywood Road Orono. MN Page File 6399 \ \ CHli] \ fZ8 f 9 Prop.Concrete Walk lt6- sq.ft. ales l“-30* .‘letea Iron Non.Found i^M r I rirrrfi hi y ee«% M Ml li e M ani MNMi fNppiMniiiM il 1 MMif Lot Area: 5630 sq.ft.’ Deck Area; 350 sq.ft. ^271 so.ft.Blacktop Drive: 1200 sq.ft. Stepping Stones to Dock: 30 sq.ft. . Total Hardcover: 2836 sq.ft. Lot Coverage 50.37*Ek1St1og Proposed Garage: 4M sq.ft. ^ *9-Tt, 346 sq.ft. Remaining) Total Lot Coverage after 16th gar.const.AB.T. removal 45.00* - n. tawtd. V-Lnt_afi H—l»tlOWR» March 2005 p^/n6n<' CITVOFORONO 2750 KcIlQr Parkway POBoxM Ciyrtal Bay, MN 55323 952J49.4600 ZONING HLE 05-3103 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: AprU 19,2005 TO: Jack & Kari Olson 1966 Shadywood Rd Wayzata, MN 5S391 COPIES: TYPE OF REQUEST: VariaBccs DATE OF MEETING: AprU 18,2005 Plaaatog Coamiiaioa voted on tke foUowiag motioas: Approve lake and side setback and hardcover variances in order to construct an addition meeting 1,500 s.f. structural coverage limits. Vote: 2 - S, motion failed. Approve lake and side setback, hardcover and structural coverage variances for a 20* x 20* detached garage with hardcover removals. Vote: 2 - S, motion foiled. Deny the structural coverage variance with the recommendation that the 1,500 s.f. structural coverage maximum be met with a home addition at setbacks not exceeding the current structure. Vote: 6 -1, notion passed. An)licant*s next scheduled meeting is confumed as: City ConneU - Monday, May 9**, 2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from die City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. "V.. ■ t!. >• *■,■4 ; 5 1 * ■ * MM nrmr f II raaiitHdSe- Ir FILE #05-3103 13 April 2005 Pagelof# Dale Applicaiion Received: 3-23^ Dale Applicalkia CoaeMered as Complete: 04-13-OS 60-Day Review Period Eipires: 06-13-OS To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Dato: Subject: Melanie Curtis, City Planner April 12,2005 05-3103, Jack & Kari Olson, 1966 Shadywood Road, Variances: Hardcover & Structural Coverage, Lake Yard & Rear Yard Setback Public Hearing Zoulng District: Lot Area: LR-IC, One Family Lakeshore Residential, 0.5 acre/100 ’ 0.13 acre (5,630 s.f.) Appikation Summary: The applicants are requesting a number of variances in order to construct a detached garage on their property to replace a one-stall tuck-under garage which will be converted to living space. The following variances are requested: 1. A rear yard setback variance for a 7.5’ rear setback where 15’ is required; and 2. A hardcover variance for 48.9% within the 0-75’ zone; and 3. A structural coverage variance for 32% or 1,799 s.f. structure where 1,500 s.f.(* 27%) is normally allowed and 23% currently exists; and 4. A principal building setback to allow a 5’ setback between the garage and the home where a 10’ setback is normally required; and 5. A lake setback variance to construct a 22’x 24’detached garage within 75’ of the lake; the applicants ’ entire property is within 75’ of the lake. Staff Raeommemtathh' Planning Staff recommends approval of variances for construction of a detached garage no larger than 20’ x 20’, with removals of excess hardcover. _______ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in an LR-IC district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. Lot Afta (acre)Lot Width (feel) From Yard (feel)Side Yard (reel) Rear Yard (feet) Side Yard Adjacent to Street (feet) 0.5 100 30 10 30 IS r FILE *05-3103 13AprH200S Pa9«2o(4 (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. See. 78>I403. Lot coverage. In all zoning districts, for all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. Sec. 7S-1438. Crowdiog principal bnilding. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory structure. Sec. 78*1439. Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. List of Exhibits A. Application B. Ha^ship Documentation Form C. Existing ft Proposed Survey/Site Plan D. Proposed Elevations E. Aerial Photo F. Submitted Hardcover Calculations G. Staff Alternate Plan H. Photos I. Property Owners List J. Plat Map Backgroaad The applicants would like to construct a detached garage. The entire property is within 75’ of the OHWL and the property is over in hardcover and structural coverage; any change requires variances. The applicants note that the existing single stall tuck-under garage is inadequate for their needs. LOT ANALYSIS WORSHEET LotAr-midtb; LR-IC Lot Area Lot Width Required 21,780 s.f. (O.S acre)100’ Actual S,630s.f. (0.13 acre)50 ’ I i . I: if* » ; FILE #05-3103 13 April 2005 Pag«3of4 Setback#; LR-IC Required Exbtiae Proposed Rear 30’36’7.S’detached garage North Lake Side 75’22’ house 16’ deck I8.S’ detached garage East Lake Side 75’42’ house No change South Side 10’2’12’ detached garage House (no change) Stractral Coverage; Total Lot Area Total Structural Coverage 5,630 s.f. (0.13 acre)Allowed: 1.500 s.f. = 27% •per 78 N03 Existing: 1,271 s.f. (23%) Proposed: 1,799 s.f. (32%) Hardcover Cakalatioai; Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75 5,630 s.f.Os.f (0%) 2,836 s.f.* (50.3%) 2,756 s.f. (48.9%) After exclusion of fabric or plastic-lined landscape beds Lake Setback Variance The entire property is situated within the 75 ’ lake setback. The applicants have proposed to construct a detacluKl garage to be in line with the existing house which will encroach 3.S ’ closer to the lake than the home. Rear Yard Setback Variance The existing home is located 36’from the rear lot line, where a 30 ’ setback is required for a principal structure. A detached garage on lakeshore property may be constructed 10’ from the rear lot line when the doors face away from the street. In this area the right-of-way is a separated dead-end with no traffic, hence the concern with backing out into traffic is alleviated. The applicants’ proposed garage will be constructed 7.5 ’ from the rear lot line with the doors ftwing the street. Principal BniMing Setback City Code 78-1438 states that an accessory building may not be constructed closer to the principal building than 10’. The applicants have proposed to construct their detached garage 5’ from the existing house as there is not adequate room to construct the garage to meet either the rear yard setback or the setback from the principal building. The 5’ setback does not pose any building code problems. Hardcover A Stmctnral Coverage Variance The entire lot is within 75 ’ of the OHWL resulting in 2,836 s.f. of existing nonconforming i FILE *05-3103 13 April 2005 Page4of4 hardcover within the 0-75* zone where structure and hardcover are not allowed. The applicants are proposing a slight reduction of hardcover for a total of 48.9% or 2,756 s.f.. Currently the property is below the allowed 1,500 s.f. of structural coverage. The applicants ’ proposal raises that level to 32% structural coverage. The current proposal adds 528 s.f to the current structural level. Hardship Statemcut Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis la coiuhkriiig appUcartoHS for vortotice, ike Ploimlng Commlision shall consider the effect of the proposed rorlonce upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, Wk* to the public spfety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the toning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the ludIvlAial property under consideration, and shall recommend approval only when U Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code, Staff finds that as the entire property is located within the 0-75’ zone this is a hardship lot. The Planning Commission should discuss the level of hardship and whether or not the applicants ’ proposal is reasonable and keeps with the feel of the immediate neighborhood. The property to the south recently received vaiiance approvals in order to construct a detached garage. The approved garage on that property was a 20’x 20’ detached side load garage. Please review Exhibit O, the Alternate Plan by Staff, with a 20’x20 ’ garage and further driveway reductions a 10’ rear setback can be met, a 20’ setback from the lake and lowered structural coverage and hardcover levels can be achieved. The alternate plan results in structural coverage of 29.6% or 1,671 s.f and a hardcover level of 45% or 2,534 s.f. Summary of Issues for Consideration ■ Structural coverage as proposed from 23% (1,271 s.f) to 32% or 1,799 s.f. Compare to the alternate plan by staff ■ Additional structure within the 75’ setback. ■ Rear yard setback 7.5’. • Are there any other issues or concerns with this application? Staff Recommendation Planning Staff leconunends approval variances for construction of a detached garage no larger than 20’ x 20’ with the hardcover removals as proposed by staff "'TT'. v;-; .V^ <.<City of Orono Variance Application mrrA street Addnaa: 2750 Kelley Parkway Orono, MN 55356 Application* r>S-^ ) 0 3 Date Received: 3-T^? of~ K .Main; 952-249-4600 tec 952-2494616 Maying Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Amount Paid: CpOQ. o o Staff: hAjAa.L^ ',JL Fee: $600 Renewal; $300 After-the-tiact; $1,200 Double Fee This appNcalion form must be completod in ftjll. Applicant will be notified within 15 days as to the status of the applicaiion. Incomplelt appllcationt will not bo placed on Planning Commiseion Agendas. PROPERTY INFORMATION: Site Address: IV.(. gJL berfPIN!Property Identification Number (PIN)O-in * >3-5-v- legal description to application if not included on the survey.) Date Property Acquired (mon^ear); ______□ Yes, I own the adjacent parcels. Present use of property: lElResidential □ Other______________________ Zoning District: _________________ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: V o\> Phone (home): 7<.v/ Address: in Li gjt Email: co Phone (work): ______City: Fax: i- Zip: Xr_3^i OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone (home): Address: __ Email: Phone (work): ______City: Fax: Zip: DESCRIPTION OF REQUEST: Estimated Project Cost $ 0}^, Describe the request In detail (attach additional sheets If necessary): AcL/«h« A ^■nrAfC—21—frsu' ^ r, p .o ':! f. * t • i: ? .r » r -*.y 4 B 4k REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. A Pre-Application Meeting Form, completed by a City Planner. Completed Application Form a.. Completed Hardship Documentation Form -9^ 7t> Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6** Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within tNs packet, including hardcover calculations. Also provide one copy 8.5” x 11” or 1 r X 17” for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5” x 11” or 11” X l/* for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5” x 11” or 11” x 17"). Additional Herns may be requested by CHy Staff depending on the scope of the project. * m□ □□ APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay addWonal fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizea that he/ahe is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no altemative but to reject It until it is complete or to recommend the request for denial of the request regardlesjpof Hs potentiahnerlt Applicant's Signsture; Applicant ’s Signature; OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consuHants, agents. Commission & Council Members for purposes of investigation and vcmfication of this request Owner ’s Signature: Owner ’s Signature;,41 Date: Date: 7- Applicant must have all submtttals into the CHy offices 25 days before the Planning Commission Meeting. Plannirtg Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all schedulsd review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. ■ / t ■■ /P..J WITT DATA PRIVACY ADVISORY In Acoontonoe 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 ftimish certain private or confidential information. You are notified that 1. The information you ftimish 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 license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permft or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have owtain 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 Address Last AH/______ CNy State Phone V* •Jj .i^»* t i.' •. I A- tatew^ w ii '' * \ ' il Page I of3 HARDSHIP DOCUMENTATION FORM This form is a rsquirsd submittal for ALL varianca applications. An application will not be consktored complete or placed on any meeting agendas until this fonn is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be denwnstrated in order fx a variance to be granted. The hardship must be unique to the property as varianoes nin with the land and not the land owner. Personal and economic aHuatkina are not oonMered 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 outifoing the basis City staff uses to determine if a hardship extols and how the variance wili affect the surrounding community. To prove a hardship, address all the retovart* iXHnts 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 to JustHled. 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.” T* Lqt Srt*. y , 3.The variance, if granted, wHI not after the essential character of the locality." W>^l -f _____i~/\ ____________________________________ “Economic considerations alone shaO not constitute an undue hardship if re asonable use for the property exists under the terms of the Zoning Chapter.” VcS-cUj S.nt^j A/# tv_____ #o . 2 ’ r 'r. cr-'.:- ” i:' . /. .1 • » X / 8. 0. 10. Page 2 of 3 Undue hardship also includes, but is not limNsd to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.' The Board of Appeals and Adjustments or the CouncH may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.' The Board or Council may permit as a variance the temporary use of a one^mily dwelling as a two-family dwelling.' The special conditions applying to the structure or land in question are peculiar to siK^ property or immediately adjoining property.' CsTAft The conditions do not apply generally to other land or structures in the district in ,^uK ..w 1^ I, located.'which o je jk*."" The granting of the application is necessary for the preservation and enjoyment of a substantial properly right of the applicant.' “T A T> ik<rr<*~ w»\y v^Kiciaj 4- 11. The granting of the proposed tmriance wiD not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.’ A/^>t ATT ._________________________________ • .* . J — Zi , n t . i . ..tA •4 «<,*ra T *• •*»> *• ▼ *1 i m^-.- ■ wm m-' ■ ■ ’•* ■. ' .^ -jt-'. ■ •.v;v H-.;- Page 3 of3 12.*Th« granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.'' _____J* A/£t~t4. jAr ^!a>\ 4- I! Hardship gUtsmewt Should you fsel the hardship cannot fuHy 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): f A -ro fiT XtJLKx j,-^uA. atVi/v ivuw Ci> -A /S.«v//yc. t Suu.u^»>c> TO iki. Kj\ti foe. tm-N ttiQJk <1^ lu (rrrtr^lji*3 fT KJl/itit 'A . r- ■ , . ■ * "v .a' V iii> M O if ‘ ^ - ., r * CARDARELLE (612) 941-3031 0xmfrir6 Land Surveyor Eden Prairie, MN 55344 Suivey F0f_ J.ck 01,nn 1966 Shadywood Road Orono, MN Book . Page.File 6399 \ V CRMRIBL > 9Z8 f y /3'Ojr Prop.Concrete Walk 350 sq.ft. •let 1"»30‘ . notes Iron Non.Found "* ^£o>u.n. 7t Ml Mi It • M M< MMM KIpMmMM it • M«(r it I Lot Area: 5630 sq.ft.' Deck Area; 350 sq.ft, j?"! S't. House; 1271 sq.ft StUnn^^^ Sqift.Stones to Dock: 30 sq.ft. Total Hardcover; 2836 sq.ft. ^ Lot Coverage 50.37«Ei(1 stiog Proposed Garage: 528 sq.ft. gar.const.68.T. removal 48.95S tt-, I i}f ^ ynn#| nids_ T6 th Warch l^fSRrWMWiMi 1 fw 1*^ j#‘jtV i*,:' V' ■ ^V \ ____r..,.,,... C^ b •.<J 15 ’ FRONT VIEW Oc# rs> ra V. oo« fOo 5X 2 S SIDE VIEW r. Drowing for Jock Olson To be buili of 1966 Shodywood Rood Orono. Mn MPLSGARAGE.COM CR CIZ tSt M4ft S/21/05 SCALE S/«*' •! WMr ■v :^'^-:0-.>' -Oi"- -.i'Z^Y- ^:-iL-v-2^ ■-.-=■■ / •• \ ." •> SP1C& 4* rtcycM tonc/tit boM 4* ctncftic fiob w/ i'ai* ptrMtr 3* bM Mrlt^ 4mt w/ libycb wniry locJi 2- 3*1 3' «Cb|l tkitrg «/ Kftm 16 iT ft0«l bvflr^«t4 4Mf CfiAiTb biftl bidtftg 4* «tlt 16* O C 1/2* Mb 12* bluMiyM JbCftfl m4 fttiOO 16* Mtffiont B) 0B6lt 22' 7/12 piicb JbrtoB «tb rotf iruiMt 24* bc «/ l/^* OS0 SUntfMM lb f■blc^ hbwfb ifbCi Cbibbibi %ihl KmI biifN IS lb 6MH Drawing for Jock Olson To be buili o1 1966 Shodywood Rood Orono, Mn MPLSGARA6E COM CR (It as* a»4a vii/os SCHX Via ’ • r V . - k ^V r.I ■ ('Tv> Exhibit E * ft \ V' VI V; I'i V. V,' K' -% ' ■■■h, ' 1 \ \ < ^ r*. ' r •< i >v '■% n ' f •* ’ i. ,1^ JU., . ’\ ..hAvM' 1966 Shadywood Road Overview Map uoMk ujf. rii^ifv n wviu #vii :i .lC| Rttcaivad: 3/21/06 1:66PM) »otf*iPH-owou; Mpr-i3-uo i :oipm ; 763 416 3437 •> FRANK R CAR0AREI.U6: P«0» 2 MAR 21 2005 13iS4 FR NORSTAN RESALE^UCS763 416 3437 TO 99529413030fti4irp page i/^ P.02 HARDCOVER CALCULATION WORKSHEET SCTIACKZONE! (CtRCiE ONf) CMMrmia IM 20Mg 0^ A Houm %%7 A Oarage C. Driraiway t-- 4£l D. SMavnA A Paie/Dack F.- C' Undartam ByPMto 0. RalaMno WMa r H.Otwr TOTAL HARDCOVER IN ZONI TOTAL PROPIRtY AREA M ZONE * A_ _ _ _ _ __ rnnro**" A Houae ■ -“St /0. Garage ^,7* C. OifraMMy 0. SIdaiMll B. PaSaMt SO 1 ~ e> — O - gyPtaaVo i)- O. Retaining WNia /) - H.Ogwr total HMUlC^fR M ZONE TOTAL P A ARIAM20NE X X X X X X X X X X X ♦ B X X X X X X X X X X X * B 78>afO' tz 4^ << iz 29ism *• n-^s^ m4w xlOO c e xioo • M0-10tV 7tf7_ S.F. 8.P. SF. 4S4 ft.OO f 9. 41 AF. S.F. 8.F. S.F. S.F. 8.F. 8.F. 8.F. AF. _AF. 30 8.F. 8.F. A /Z7/ 6.F. --- 'W--* h r, 8.F. _______8.P. 8.F. ITX 8f . 7? S.F. 8.F. 8.F. 8.F. 8.F. S.F. 8.F. 8.F. •ra-1 n f 8«nt By: FRANK R CAHOARELLE; ^ARDARELLE (612) 941-3031 wja Apr-13-06 1:51PM;Page 2/2 AtMKinrtfPiAfJ Land Surveyor Eden Prairie, MN 55344 SuiveyFOf_ J.ct OUnn 1966 Shadywood Road Orono, MN \ Book - Page File 6399 \ CHANMEL elev.931.0Cnanael Piling & Pence*^ ^11 I, .4..ia,x— 9ZS’f y /&'iur l(/7l tti Slru6/'^<A^ \\ =• c^\^iA.tAxauA Ci^Cr&^o \\ Lot Area: 5630 sq.ft. Deck Area; 3b0 sq.ft.Prop.Concrete Walk 350 sq.ft. sales 1«»30* . •notes Iron Non,Pound -i £ on^ri ;f|r -£n0^MJ &.T. »r»«»<»w«H<iW<)wK«»w»iw ymKi«w>w,a,w»fHi,ta,ii<Me Inf qg ^hariy UnnA Ilaelitop“ofive.r}2o3'^;ft. Lot Coverage 50. 37XEx1 sting Proposed Garage: 520 lif:?'for ‘cTriu^^>^^^"9) 9«r.const.»B.T. removal 48.95X . "r-o.= ‘^5% hO m V '‘fi 'v- .... ^.i£r»» r , i •^* * -*^! * * m I .! r- ^' ■T^ • • '• ■ ■■ ••••/' -. _ e*/vV V ^ rj?*;- .. "' . ;-^ ■ pfc. ^ -'i^^yi^-;*-' • '. t,'. -^5-^ A ‘•■'HryCr- K- p . w • jgg » % Sli ^1 ki i iV <r ST K . «f 9 '■ ■ Vm 0 .V \ 4?.‘ 1/ / ■■ t-'^-'’ ' V %* p<b«i'?> / / /■' •••<) :?..' • • • * ^ ' .. - J ::. r ’ r V' Vy r '.• ^ ^ Tr . ' . .''• V V. . • :• ' - i, ^ .»- ;\ • .V^' ^ - .. - •:• . -'^ ' • r.' ; ■ ^ ■'. y ' ' \ "X 04/01/ ^ r . _____________7 --- __t w '. .V \\ i '' ■ ‘■•v: '> \J .. -rf--:;; r.i--.' .-r;- rfrft- rf-'tt ^ -V’ Vi ' • ■ , *%.•# • .'i'v ■ ■ ••• •* .% 4 '^'lA^*** ..»-/»• • -• 4^^*^ f • 'i .-.* u. • '* ■• * ’ V . . . _ .■.•t4...-. ;' C.‘ A.;. ,, ■ • ^ ■-.•-.•••'^-- .r-.' ...„ . -n!‘- V- \ V . r:i1 Y 1 \ V' ri V».-.;r.r 1^ .-y /. i' M . ,« r ^ '*•■• .v'-""r* .>" /•' '■' »w?r^ i-'"-: ,*■ •!> U*w. •' -'.' >.-:::V. ♦ •. . .%.4 V*.*' ►r K*.. '*'tv - •• 4 r.'' y". -^cv--r;,:c .3.- :r - vw.j l*^*' -S? . . _^!*S li A^:i 1 WNOATE.aazm 31 1 raorADOR 31 A OWNUtNAME OAH TAXPAYER QA» NAMEMODR 21 Ul MM 31 1 PROPAODR 1966 OWNERNAME JACK TAXPAYER JACK NAME/ADDR 1966 •WAY 31 1 PROPAODR 1990 OWNERNAME RPR TAXPAYER ROM NAMWAODR 1650 OROI KUN DATE: 30/3003 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 3« 1711723240014 PROPADDR 30 AODRBSUNASSIONEO OWNERNAME OABUBLJAMOUR TAXPAYER OABRIELJANOUR NAMB/ADDR 21 UNlVERSnY AVEN B MINNBAPOUSMN SS4I3 30 1711723240022 PROPADDR 1930 SHADYWOODRD OWNERNAME DAVID A ELMQUIST TAXPAYER DAVIDAEtMQUIST NAME/AIXNt 1930 SHADYWOOD RD WAYZATAMN 55391 3S 1711723240023 PROPADDR 1940 SHADYWOODRD OWNERNAME M R MACCHARLESA/MACCHARLES TAXPAYER MAUrOLM/VIRGlNlAMACCHARLES NAME/ADDR 1940 SHADYWOOD RD WAYZATAMN 55391 30 1711723240024 PROPADDR I9M SHADYWOODRD OIWNERNA34E JACK RRKARIOLSON TA3CPAYER JACK R * KARI OLSON NAMB/ADDR 19M SHADYWOOD RD WAYZATAMN 35391 31 1711723240023 PROPADDR 1972 SHADYWOOD RD OWNERNAME MICHAELMBCHKE TAXPAYER MICHAEL MISCHKE NAME/ADDR 1972 SHADYWOOD RD WAYZATAMN 35391 38 1711723240076 PROPADDR 1978 SHADYWOODRD OWNERNAME R P MACK A A M MACK TAXPAYER ROBERT A AROELL MACK NAME/ADDR 1978 SHADYWOOD RD WAYZATAMN 55391 31 1711723240027 PROPADDR 1990 SHADYWOODRD OWNERNAME RPMACKAAMMACK TA3CPAYER ROBERTPMACK NA34B/ADDR 1630 NORTH FARM RO ORONOMN 33336 i:t«.9 t i Ml# t u 4fci. M , ■ • m' »■ 1 CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF Ih^ORMAHON AS IT APPEARS THIS DATE ON THE RECORDS WTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT^TO OF MY KNOWLEDGE AND BELIEF. ^ / DAT ■jj 4 ■II \ ' ♦- ^ ns * -IV-J j . w.i « \ ^» •14 J.. : 7 4 !> »»•liJ¥ “ '.» rr lilt r / MI Hennepin Countyl^ixi >\i;'.?-".,t>. i;'' ■!: p : Taxpayer Services Department •! i‘a J •*'• .; r^)I r-^ '<iKi ?v.. r 4^ Pan^l Intpnnution^ ID i7ii72a24MmHl ’A t -iV: Hou««• .'..r .« > .M 4 '*. *1’ • Wtr^ Hmnrn WIUiiBfrm^ HD f,'.: 1N$lanetal$g0yntlont$«lnmfi,ltnfii9mnt$acompiltllenofltaamttkiti md dS» »ow» Qty, Oai/Dliy. miSlalanmtmitiorillaaandeiharmjurcaa. r 10. MS-3109 JACK AND KARl OLSON, 1966 SHADYWOOD ROAD - VARIANCE, 8:28 P.M. - 9:01 P.M. Jack and Kari Obon, Applicants, were present. Curtis stated the applicants are requesting a number of variances, in order to construct a detached garage on their property to replace a one-stall tuck-under garage that will beMnvened to living space. The ||y.r applicants are requesting the following variances: I. 2. 3. A rear yard setback variance for a 7.S’ rear where' 1 S' is required; and f-ff’‘-t A hardcover variance for 48.9 percent within t'he.^75’ zone; and / 1 /. i* A structural coverage variance for 32 percent or 1,799 square feef structure where 1,500 square ••i feet is normally allowed and 23 percent current^ exists; and < * ’'•V-. .. .r 4.A principal building setback to allow-a five-foot setback between the‘garage and the home where a 10-foot setback is normally requn^d;.i^d S. A lake setback variance to cdliiisiruct^ 22* bHi jllf detacmq garage within 75 feet of the lake. Curtis noted the applicants ’ entire piMijterty is locateo. wit^ of the lake. The applicants are now proposing a 20* by 20* gara^;^lth-^i^ hardcover removals. Curtis stated due to the size and location li.1 • was of the pro^|^,‘ tlM^^i|y be a hardship to i^ppprt a 20* by 20* garage. Jack ^lMni|||ile ai2:;i^ 24 ’ garage but came to the conclusion that that un^b^ind revised their Olson stated their neighbor was allowed to construct a 20* by 20 ’ rM;/. * V j . 4!'i' .I'.vW • A '^ri^^ijaragB a^ that his vehicle tpjie^^its into that size of garage. Olson ih^ic^id tliey would like M construct a garage to accommodate their vehicles and that they are willing to rem6Vi|i!Wiii6 6fthf U^racover on the property. Olson stated they need a workable garage and ■ • ■'' ■ that 20 feet is very ti^fiiind^ey would prefer a deeper garage. Mike Mischke, 1972 Shadywood Road, stated he is the neighbor that constructed the 20 ’ by 20 ’ garage and that he owns a very common vehicle, an F-150, short box. Mischke indicated it is a very tight fit and that he has not put any sheetrock on the walls because then he would not be able to fit his vehicle in the I I garage. Mischke indicated he would have pushed for a bigger garage had he known how little room he would have. Rahn noted Mischke was also pushing the 1500 square foot structural coverage. Mischke stated vehicles larger than his, such as an Escolade, would not fit into the garage. Rahn stated the larger issue is the structural coverage on the lot aikl the mwing on the lots, which is a ’' ''-X' U ’ bigger issue on the smaller lots. Rahn stated to his recdllewhon thej*liuinihg Commission has not granted .-'If •:-> variances to structural coverage. Rahn inquired whether the existing garage is a single dr gara^ br a double car garage. Rahn commented ■iv-. that it appears there originally was a double car garage mid.lud aipb^oii converted into living space. Mischke stated the Olson ’s existing garage does nqfei^ accommodate a small dr. Mrs. Olson stated she is unable to park her iitdie ct^ht gfUage. Mischke stated the existing garage could not hive been any deeper, than it^currently is given the V '♦‘'I ■ / load-bearing wall that exists. ^ ' Rahn stated he would not be in favbr bf exceeding thb pbrdii^ structural coverage on this lot. Rahn inquired whether there an^ai^ i(mtional public comments on this application. mlo the lake, it would be environmentally safer to store the vehic|d' m;b|gim||a, which Would, prevent the salt and oil from draining down to the lake. lla%.()^tioned whether the'gj[|r^.^uld be redesigned and that he would only approve something with ' or less. Rahn stt^^ locating the house Five feet from the existing house, the garage '■j-i'.*; '‘’t. would ajipeat^j^^,lv than tl^iiOiim. V; if ■ ,;r'7|7:Vr Mrs. Olson statei| |t UQpOtttblb to construct a garage less than 1SOO square feet and that they would be >’r:f forced to remove part 6f their house in order to construct a garage. Jurgens commented the applicants were aware of the limitations of the lot at the time they purchased it and that the Planning Commission needs to comply with the rules as much as possible. Jurgens stated he does not see a hardship. 0 X Mrs. Olson stated a garage would also be more aesthetically pleasing since they would be able to store their vehicles and other items inside. Rahn stated in his view it is possible to construct an attached garage on this lot and still remain below the 15 percent structural coverage. Rahn stated the Planning Comnj^ssion to his recollection has never granted a variance to structural coverage. I ^ Winkey stated it would be easier to construct a detached ^mige bul|kat it is ppssible to construct a garage - r • ».r? on this lot without exceeding the structural coverage^ Mr. Olson stated they are financially unable to do the that was proposed Commissioner Rahn. Mrs. Olson questioned whether an attached garage wiitCi^lving space above'it would look just as massive as a detached garage. Jurgens noted property owners are ailowedlo ^struct up but ttiat they are required to stay within a certain footprint. Jurgens inquired writer tf^ applimts would li|te to table their application to explore their options. V -... - Mrs. Olson stated they have l(^^ it.|;number of different options but most are cost prohibitive. Fritzler noi|edthiiitiilra some iand-‘i^iriii^.^is lot which is not their property and that the applicants •»i:;:; _.. _ , ■ GBfl|on^ted it is a county N|^|j»f-^ay and that the county in the past has allowed property owners to ^,it’M'%yeway access. ^ pr:h? Jurgenfi^^.m^,unty still^^ fi|^te to that land and could possibly have some objection to cunstructing a^ni^'m *■*1- Rahn inquired whethw^Jj|lplicants vrould like their application tabled. Bremer pointed out the af^licants could argue their case before the Council if they have no intention to revise their plans. Mr. Olson stated he is not financially able to remodel the residence in order to construct a garage. *■ 1 Leslie stated the applicant could submit a different design if this application is tabled and not pay a new application fee. Winkey stated the council also has the option to table it and allow the applicants to redesign their plans and send it back to the Planning Commission.ft-.. Mr. Olson requested the Planning Commission vote on his applicatioitr A'^i^ r Raha movedt Jargcas sccoadcd, to recommend appiWa] of AppBMtfoa '#05*3103, Jack aad Kari V'-'— 'I- OboB, 1966 Shadywood Road, subject Jo a redcsigB that would allow the naiiafum stractural I* a'coverage of 1500 aqaare foot aad the associated miainuiljharacovcr allowed, aad fhrtbcr subject to BO fhrthcr cacroachaieBtB into the aide setbacks. Gafffon inquired whether this application should app^before the Planning Commission again if the plans are revised. Winkey inquired whether the application should be depiM Rahn stated his issue with this appliei^Qn is me amount of structural coverage being proposed. VOTE: Ayea 2, Nays 5; Frltileri keMipf, Bremer, Leslie and .Winkey opposed. MOTION FAILED. % teM Bremi^ to recoihmhnd approval of Applicattoa #05-3101, Jack aad Kari 4ia;;phj’<|K Olto^lJ^i^ Shadywood Rc^i;ito^l&|ow a 20* by 20* detached garage subject to the proposed haracoyef^rfdoctioBS in the appHea'its* revised plan. VOTE: Ayes 2, Nays 5; Raha, Jurgens, ’ I •!>1 Kempf, Frl^fiiBd Winhey tipgdald. Ai-4 Winkey moved, Rahh secoil^, to recommend denial of Applicatioa #05-3103, Jack aad Kari Oboa, 1966 Shadywood Rood, svUh the rccomawadatioa that any future proposal for a garage conform with the 1500 structural coverage limit. Ayes 6, Nays 1; Bremer Opposed. We are coming to you with this request in hopes that you will see the hardship for a garage on our property that can actually house vehicles. Because the size of our lot we are limited to building restrictions. We are asking for a 171 sq ft structural variance to add a detached garage. We initially requested a 22’ x 24’ garage. Staff recommendations returned with a 20’ x 20’ garage with the removal of hardcover. We took the staff ’s recommendations. Our neighbor Mike Mischke just built this size garage and is very disappointed in the size of it and the fact that his truck barely fits (see Pictures) but we are willing to deal with the size just to actually have a garage to parte our vehicles. We are asking for the bare minimum size garage. , f .* I i / As you all know, living in MN, a garage is a necessity throughout the winters for not only our vehicles but for our Emilies. The term "Hardship ” is defined as •something hard to endure ”, ”e state of misfortune” or ”Something that causes or entails sufidrtng” The dictionary gives the example of "the severity of northern winters". This is a prime example of the need of a garage on our property. The most important reason for needing a garage is the desire to start a family. It is difficult and dangerous to be carrying infants or small children across a slippery driveway to the house in the winter. With a garage to pull the vehicle into, it would be a much safer way of getting into the house. It is in the plan to give up hardcover with the construction of the new garage. We have a large amount of blacktop for our driveway that the garage would be built in place of and we would remove as much of the remaining as possible with keeping only a sidewalk to the house. If a goal of the city is to reduce runoff into the lake, it would be environmentally safer to store the vehicles in a garage, which would prevent gas, salt, oil and other hazardous materials from draining down to the lake. .a We feel that our file compares with the Balder Park file you will see this evening. This property was already over on structural hardcover mininum and the planning commission approved and additional 50 sq ft. for a cover entry? We're asking for 171 sq ft that we need!! Some members of the planning commission thought we should re>construct our home in order to meet the 1500 sq ft requirement. We feel this is totally unnecessary. Suggestion was made to tear off the side of our house and add the remaining 229 Sq ft we have left and build up. This is a unreasonable request and one that we cannot afford. We feel that is unfair when a 171 sq ft variance is what we ’re asking for. It is a minimal variance request for you and the most reasonable cost for us. We received very mixed opinions from the planning commission and felt several supporters of our proposal who saw the need for a garage and understood our hardship. We feel by approving this application your providing a safer environment for our family, allowing the property to blend with if s surroundings, while reducing hardcover and run off into the lake. We are sensitive to the issues you all face with these variance requests. We realize these are put in place for a reason and understand the purpose they serve. We feel however our case deserves certain considerations because of the restrictions we are friced with. We are asking for the minimum possible size garage and hope that you can put yourself in our place and understand where we are coming from. We are willing to do anything and everything to make this garage happen. My wife and would like to express that this is a very serious issue we are facing tonight. We don't see any other way stating a family in this home without a garage. We love our home and have worked very hard for the opportunity to live on this great lake. Please help us stay. Thank you for your time. ih n f !■ n mI■PllTi ■Hmn~l>■>i l^■lalllll^ i¥ll I a iSillTll r ■ I I Dale Application Received: 03-23-05 Date Application ConiMercd at Complete: 04-06-05 60-Day Review Period Eipiret: 06-06-05 REQUEST FOR COUNCIL ACTION CrviiM/'ii niccTiMfj MAY 9 2005 CITY OF OROivO Dale: May 4,2005 Item No. ^ ^ ADepartment Approval: Name: Melanie Curtis lA(/y Title: City Planner " Administrator Approval:Agenda Section: Item Description: i^05-3105 - Peter Martinson - 4460 Forest Lake Landing - Variances - Resolution Zoning District: Lot Area: Lot Width: LR-ID, One Family Lakesiiore Residential, 1.0 acre/140’ 12,360 s.f. (0.28 acre) 53.5’ @ 75’ setback List of Exhibits: A. Resolution per Planning Commission recommendation B. Revised Survey C. Engineer Comments D. PC Action Notice dated 04-19-05 E. PC Memo & Exhibits of 04-08-05 Application Summary: The applicant has revised his request based on the Planning Commission recommendation and aOer working with staff is now requesting the following variances in order to build a new single family residence on his property: 1. A hardcover variance for 30% hardcover within the 75’ - 250’ set’oack zone where 25% is normally allowed and 21.9% currently exists; and 2. Lot width and lot area variances. Planning Commission Recommendation On April 18,2005, Planning Commission voted 6-1 to recommend approval of the variances. Planning Staff Recommendation As the applicant has worked with staff to reduce the size of the proposed home and reduce and/or eliminate the variances requested. Planning Staff recommends approval of the lo' width and lot area variances and a 75’ - 250’ hardcover variance for 30% hardcover where 25% is normally allowed meeting the City Engineer recommendations per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 (B) and 78-1288 (B) FILE NO. 05-3105 WHEREAS, Peter V. Martinson, a single person and Paul V. Martinson and Ida M. Martinson, hust>and and wife (hereinafter “the applicants ”) are the owners of the property located at 4460 Forest Lake Landing within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 10, Tonkaview Gardens, Hennepin County, Miiuiesota (hereinafter the “property ”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal ^ning ^ode Section 78-330 (B) to allow construction of a new single family residence on a lot 0.28 acre in area and 53.S’ in width where 1.0 acre in area and 140’ in width are required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (B) to allow 30% hardcover where 25% is normally allowed in conjunction with the construction of a new single family residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3105. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 43,560 s.f. or 1.0 acre and a minimum lot width of 140’. 3.The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of variances based on the following findings; Page 1 of 5 I a. No additional land is available for acquisition by the applicants to make the property conforming in area. b. The property is served with municipal sewer. A single family residence has existed on the property for many years. c. The size of the proposed residence and property is consistent with other approved development in the neighborhood. d. The applicants* property is 12,360 s.f. or 0.28 acre in area and has 53.5 ’ of width at the 75 ’ setback. e. The applicants are proposing a new single family residence which wilt meet all of the LR-IB setback requirements, and the 15% structural coverage limitation. 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 variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, liglit, 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the 2U>ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORD£R AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby ^nt! a variance to Orono Municipal 2^ninp Code Section 78-330 (B) and 78-1288 (D) to allow construction of a new single family lesidence on a substandard lot and hardcover Page 2 of 5 of 30% within the 7S’-2S0 ’ zone where 25% is normally allowed, 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 A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75’ zone shall not increase above the level of 0 s.f, or 0%. Hardcover in the 75-250’ zone shall be limited to 2,495 s.f. or 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not Hkely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the new residence. 5. Authorities granted by this resolution Tun 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 variance will expire on that date (May 9,2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 9"* day of May, 2005. Page 3 of 5 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN 1The foregoing instrument was acknowledged before me on this 9 day of May, 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 municipal corporation and said instnunent was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Peter V. Martinson, a single person. 2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of _ by Paul V. Martinson, husband of Ida M. Martinson, husband and wife. .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Ida M. Martinson, wife of Paul V. Martinson, husband and wife. ,2005 Notary Public Page 5 of 5 i 1^OfOPt #♦470 1 9? Fc “WOUlu V KlOTT^SSAtr w I t * \ \ \ \ \ \ \ \( Otoe \ \ 1 \ \ \ \ \/ \ \ \ \ \t \ CTOP \ 1^, 1^0 <N*|/ '\c^iar-" J—'O*^ "^^^73»23’ feE 103.53 jsi \ \ \ \ \ \ / / I I / / / / \ \ ' 250.21 / 3t fXfll*} ,\ \ -••• \ \ 98.15 / / \ \ \ II \ IrC' ' ' «0(JS^ I - \ \ • /5' I I I I / i7^v7;iw Vrrrr/'AT / *•*«««„ \ \ \ \ ..••• L" 54.62 **••••••••••••• '^\j3r^-w**>YTTrTir n ^v58.38 72-3V 30”^VS( / 7 ^ (I474» \s •N. / 88.9^ / / / ••••••, 12; \ \ V • J \ \ \ \ \ \ \ Otoe \ \ \ \ \ \ \ \ \ \ <^74J \ \ \ \ \ \70 7^T^O Vfa'/i. ^co,'SripN OF tf\t Bonestroo S=S Rosene Anderlik& IVll Associates Engineers & Architects 2335 MMest Highway 36 • St Paul, MN 55113 Office; 651-636-4600 • Fa*: 65I-636-I3II wwwbonestroo.com t^T*c May 5,200S Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323 4460 Forest Lake Landing File No. 000I39-0S000-0 Plat No. 05-3105 Dear Melanie; We have reviewed the site plan for the proposed home construction at 4460 Forest Lake Landing. The improvements include the construction of a new home and associated grading. We have the following comments with regards to eiigineering matters; • The proposed side yard swale grades range from 10 to 15 percent. Wc typically discourage vegetated swaic grades that exceed 5% due to erosion concerns. The plans should include Stalls as to how the proposed swales will be stabilized to prevent erosion. • The proposed grading is showr up to the side lot lines. It is likely the grading along the lot lines will encroach onto the neighboring properties and temporary construction easements wilt be necessary. • The proposed grading along tlie south lot line is shewn along the base of an existing retaining wall on the neighboring property. The grading has the potential to undermine the base of the wall and compromise the integrity of the wall. The plans should identify how the grading will occur so as not to impact the existing retaining walls. • The city building official should review the house plans for proposed rain gutter locations. It would be best to discharge water from the gutters to the lake side of the iiome to minimize flows in the swales. s The plans should include erosion and sediment control measures. The erosion control should be installed, inspected and approved by the c<ty prior b) any work on site. If you have any questions please call me at (651) 604-4863. Yours very truly, BONE3TROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Tom Kellogg Cc; OregOappa, City ofCrono Bruce Vang, City of Orono St. Paul. St. Cloud, Rochester, MN • Milwaukee, Wl • Chicago. IL AfftrniBtlvt Acifen/f^ual Opporlunay Employer and Einployoo Owned ■) - • \.M2a- p CITY OF ORONO 2750 Kelley Parkway POBoxM Cryital Bay, MN 55323 952J49.4600 ZONING FILE 05-3105 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 TO: Peter Martinson 4460 Forest Lake Landing Mound, MN 55364 COPIES: a m \ FILE #05-3105 6 April 2005 Page 1 of 4 Date Application Received: 03-23*05 Date Application ConiMercd as Complete: 04-06-05 60-Day Review Period Eipiret: 06-06-05 To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Frodi: Date: Melanie Curtis, City Planner April 8,2005 Subject:05-3105, Peter Martinson, 4460 Forest Lake Landing - Lot Area, Lot Width, Hardcover, Side Setback Variance ' Public Hearing Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residentiai District, 1 acre/140’ 0.28 acre (12,360 sX) 53.5’ @ 75’ setback AppUcatton Summary: Application Suntmary: The applicant is requesting a numl^crof I variances in order to build a new single family residence on the property. Hie application consists of the following; 1. A hardcover variance for 34.8% hardcover within the 75’ - 250’ setback zone where 25% is normally allowed and 21.9% currently exists; and 2. A structural coverage variance for 16.7% where 15% is normally allowed; and 3. A variance for left side yard setback of 9.2’ where a 10’ setback from the adjacent property line is normally required; and 4. Lot width and lot area variances. Stqff RecommendatUm: ■ Planning Staff recommends approval of the lot area and lot width variances. ■ Planning staff recommends denial of the side yard setback variance and denial of the structural coverage variance. ■ Should the Planning Commission determine that there is hardship inherent to the size of the 75’-250’ area with respect to allowable harocover; a reasonable hardcover variance should be discussed. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall he no greater than 30 percent hardcover. Between 500 feet and 1,000 feel of tlie OHWL there shall be no greater than 35 percent hardcover. W Aw.. _ V r FILE #05-3105 6 April 2005 Page 2 of 4 Sec. 78-1403. Lot coverag«i. In all zoning districts, for ail lots of O-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed IS percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Plat Map G. Aerial Photo H. Property Owners List Background The applicant has proposed to tear down the existing home and detached garage and rebuild a new single family home with attached garage in its place. LOT ANALYSIS WORSHEET LR-IB Lot Area Lot Width Required 43,560 s.r. (1.0 acre)140’ Actual 12,360 sf. (0.28 acre)54’m 75 ’ setback LR-IB Required Existins Proposed Rear 30 ’1.0’ garage 25 8’ house 30 ’ North Side 10’10’ garage 21.2’ house 9.2 ’ Soudi Side 10’23.5 ’ garage 3.2 ’ house 13 ’ Lakeshore 75 ’ i 156 ’ house 148’ deck 121’ house I13 ’deck Average Lakeshore The proposed home and deck will be behind the average lakeshore setback between the neighboring homes. Total Lot Area Total Structural Coveracc 12,360 s.f. (0.28 acre)Allowed: 1,854 s.f. (15%) Proposed: 2,068 s.f. (16.7 %) 4 * r FILE #05-3105 6 April 2005 Page 3 of 4 Hardcover Cakylationa: Hardcover Zone Total Area ia Zoac Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 4,040 s.f Os.f (0%) 0s.f* (0%) Os.f (0%) 75 - 250 8,320 s.f 2,080 s.f 1,819 s.f*2,735 s.f (25%)(21.8%)(32.9%) After exclusion of fabric or plastic-lined landscape beds Lot Area A Lot Width Variances The applicant’s property is 54’ wide at the 75’ setback and 12,360 s.f. in area where 140’ in width and 43,560 s.f. in area is the minimum lot size for the LR-IB Zoning District. The neighborhood is comprised of mostly less than 1.0 acre lots; however, the applicant’s lot is smaller in size than most of the adjacent lots in the neighborhood. Side Yard Setback Variance The property is 53.2’ wide and has 10’ required side yard setbacks, leaving a 33.2’ wide buildable area. The applicant’s proposed home is 34’ in width. The home could be redesigned by 0.8 ’ to meet the 10’ side setback on both sides, as there is no significant justification for the side setback variance. Hardcover A Stmctaral Coverage Variances The applicant is proposing 32.9% hardcover. The existing residence and hardcover are below the allowed limit for the 75’ - 250’ setback zone at 21.9%. The existing home has an approximate footprint of 816 s.f.. The applicant is proposing an 1,896 s.f footprint plus deck which exceeds the 15% structival coverage amount based on the land area. The total property area is 12,360 s.f; total structural coverage proposed is 16.7% or 2,068 s.f.. For the applicant’s proposal, a 1,896 s.f footprint, 688 s.f of driveway, a 172 s.f deck, and 137 s.f of sidewalk make up the 32.9% proposed hardcover. The driveway and sidewalks as proposed are minimal. By reducing the structural coverage to adhere to the 15% limit (1,854 s.f including deck), and using the same hardcover proposals the applicant would need a variance for 32.2%. The 15% lot coverage amount is a limit, not an allowance. On lakeshore properties the limiting factor very often is the hardcover percentage, not the structural coverage amount. Hardship Statemcal Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Aaalysis /« MMs/ifeWnf /of fmrtomce, ike PUmmirng Commission skotl consider the e/fed of the proposed rorlmmc* upon Ike keoOk, sofety omd we^re of Ike eomHmmUy, existing ond onticipoied traffic eomUaons, Mgkt ond nir, donger efflre, risk to IkepnkHc safety, ond ike iffeci on values of property in Ike surrounding urea. Tkt Momidng Commission skall consider recommending ^tprova! for variances 1'^ FILE #05-3105 6 April 2005 Page 4 of 4 ftom Mr# MUmr/ pnvMM$ cftkt Zoning Cotie In Imloncet where their strict enforcement wouU cense nnine henlsh^ hMinse of drcumstences online to the MMthiel property uniler consUereHon, anil shea reeemmeni eppravel onfy when It Is gemonstretetl that snch actions will he In keeping wUh the ^rlrH ami Intent ef the Orono Zoning Cade, Staff finds the lot area and width aie inherent to the property, and no additional land is available to increase the lot size. Staff also finds that structural coverage at the proposed 16.7% is not justified by a hardship. This is a small lot and over building on it will not be a long-term benefit to the neighborhood. 15% lot coverage will allow a total house and garage footprint of 1,854 s.f. Additionally, because of the substandard lots in the immediate neighborhood, granting any side setback variance will only increase the visual density in the neighborhood. Staff feels that the house can be redesigned to meet the setback requirements. It would not be unreasonable to grant some level of hardcover variance to support a house that meets the lot coverage standards, as it will be difficult to achieve 25% on this 50 ’ lakeshore lot without reducing the house/garage footprint down to 1,200 s.f. - assuming the minimum required driveway and sidewalk widths and a modest I0 ’xl5 ’ deck. Summary of Issues for Cousideration 1. Side yard setback; 2. Lot coverage determination; 3. Combination of reduction of lot coverage and hardcover to a reasonable level; and 4. Level of hardcover variance that is justifiable. 5. Are there any other issues or concerns with this application? Steff Roeommeudatioa Plaiming Staff recommends approval of the lot area and lot width variances. Planning staff also recommends denial of the side yard setback variance and denial of the structural coverage variance. Should the Planning Commission determine that there is hardship inherent to the size of the 75 ’-250 ’ area witfi respect to allowable hardcover, a reasonable hardcover variance should be discussed. I t * ■ r It f 1 a' . Mtai City of Orono gjt. a Variance Application T street Address: 2750 Kelley Parkway Orono, MN SS3S6 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 35323-0066 Application # CK5>~ 3(0 Date Received: 0^3 Amount Pal Staff: Fee: . on Ciru S600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. Appicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: i^resA MiimKor JProperty Identification Number (PIN)■f O ma) ^ ^ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): □ Yes. I own the adjacent parcels. Present use of property: JZl Residential □ Other Zoning District: :L f?_______ APPLICANT INFORMATION: (Complete legal nar.es and marital status required for each interested party)------ ** * • f]__________________ Phonelwork): C^u fi/4 Name: if we^isea*s a e^^ss* \wwiiipwvso w *^^Apr AA/xf A-t*/iSt>/\ Phone (home): ________________ _________ Address: UK nr^Z a A iJ SS S^y Email: pp-W.r~Vt<4Ar*Vt/>s«jA. ^ y^tioo > co/Vi Fax: OWNER INFORMATION: (Complete legal names 8.*:d marital status required for each interested party) “* T^g-rtr AAAr4-\A3eA,Name _________________________________________________ ________________________ Phone (home): Phone (work): Cc (( GiH- ^\(o ~ VO Address: Ht/feO Or^_ MaJ _________ Email: ij^gA-arx/wi4/4-<Vi^a Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional sheets if necessary): ________________ _________Odui /\ oO i\Q \j y<.____ifcirKilV.^ . irxosjsc. yj0jC6o ▼ '•fOtf.oUQ jo)IW<i t- AaouiI Lk SUOK <;li yos*f A- r lii^ ■•) I •V, < , <•'** ... ;j H >i 1 i M REQUIRED SUBMITTALS: All of the following Information must t<e submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, I3 300 South 6*** Street, Minneapolis, telephone 612-348-5910 by a licensed sunreyor), meeting all the requirements itu^a hard~frt'Sluaihq hardcover calculations. Also provide one copy 8.5 ” x 1 1 ” or 11" X17 ” for reproduction. ....... □ (as provided within the variance packet). □ ~ lnbludih§ existing and proposed elevations. Proyide one copy 8.5" x 11" . or 11" X17" for reproduction. Co> t TDU^I' ^ .A —Sketches or plans of floor and elevation views (provide one copy 8.5" x 1 r or 1 V x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * . APPLICANT’S ACKNOWLEDGEMENT; anninqThe applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit Applicant's Signature: Applicant’s Signature: Date: Date:-5 s— OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the prope^ by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: ^ Owner ’s Signature: Date: Date: ^ 'OS 3-/vP-ciS-" 1 Applicant must have alt submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an appli^nt is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. *'T-' t .)} i . m r Page I of3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship bo 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 nof 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 'Hress ?act: of these hardship criteria as they relate to the request (some may not apply). 1.“The propeKy in question cannot be put to a reasonable use if used under conditions allowed by the officialrantrols.” Ice. ibo ■S'W*. 11 I *The plight of the landowner is due to circumstances unique to his property not created by the landowner* A/oa ra^far/yuna . AJ<Ar/’n^ (,\\ , 3.*The variance, if granted, will not alter the essential character of the locality.^ ^r i’iljjy *A pibL.y ^^ 4v«AfL‘<y tac.tW * 4ro^h.Vv. itiiV fjhv P- VvmC |V uJps af^A n**cly. 4. ‘Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter’ r A.KtfX A..J -Hi.1 lL At. H netJ tx. -6 L. /n_nrf ^7 4k ixfi © I*' <*iHi ‘ % r h ■ ■ / •• \\ ■■'j .tr •H k I k t S': 5. 6. 7. 8. 9. ‘a 11. Page 2 of3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in hannony with this Chapter.* The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” ‘The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” ‘The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” ^ ^ ^ k ^i4-- '-•kwy tAj jMJt.ijll Aiin ■fcei- \ k le conditions do not apply generally to other land or structures in the district in which said land is located.” jAJ/« Wii tf\"V .___________________________________ 10. ‘The granting of the application is necessary for the preservation and enjoyment of a substantial proper^ right of the applicant ” Qpsij^ Kau - S' -/iVv> *fVyi»A . *)iN VA-V ** a. ^efg'.y-4~ |r\<ij\t’ tw Wrwvt I.L.. ■4(^ ^ 'J .j *The granting of me proposed variance Will not in any way impair h \y ^ Ji__ II not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. j rW</* Qa - JVlpih.Y AiJ< plA.,i if \ • s* iit Page 3 of3 ^The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." ^4- ^ K ck »a p>vJ 0 ^ 4hr r\a^ £>V_ 4^ tvi^JT ArJ jAA uaw a CtT/up lO/x^K COL LA d nVC vvicvr Hardship Statsmant 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 necessaiy)aiv] \.f b>f'iti/'L.t-f'* h>cM.hj a_i jv>/vsut_ -is be IQivH -/rfA^____^ __i L-^ r f!P? i a ‘ V - ' ■ ' • , V*. V- ^ ' 0 M J r H^NNr '° • « ;■ ^'^esorj'^s \ ."T^ \ --------------------------------- mjocrts^ owywAt : asjp Ft •'y^-cr Q \o Ml- W , . V .- ?;;.- ^ r::’;’f^'';4y W lAlP vjf% 0^ /'^“^-nr ' -sjSs \ KAOCrOP OfWCWAY £r I N \N\73 “23'|^0" E ^103.53 i; / 3Zx 3S 54.62 -^'^\ \58 38 S 72"3V30'^vW V t \ \' ? 250.21 / I 98 15 I I V' 88.g(} \ \\ •:/ \ f - X • ' \**' \ *BLAOaCj» ‘ -• \ * ■'"V k fete ^Or A* I ^-\4i V-w. ‘^QVTf V /12i I ’-St**.-. ]U •'V .L t-.>' I . V* FtM IltvtlfM: ir^r>«r # > ^5n^r vie^ '■ ■':-■'*■ ■r;. •• # 9 UMllhwflMiMM>«>I ■ II ■■ ym ■ : w^r4T V ? ritii • • m 69(.cr Petr® AWftNsoM HARDCOVER CALCULATION WORKSHEET IffMlUVJfwV LdT 3-tc~o5 6iAtoe 10 SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House 2^-75 ’: X Length X X X B. Oarage C. Driveway X X D. Sidewalk E. Palio/Deck • A*** * • F. LandKape Underlain By Piaslio Or Fabric X X X 0. Other TOTAL HARDCOVER FN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ + B PROPOSED HARDCOVER IN ZONE' A House __________ X Uagdi X X A B. Oarage C. Driveway X X D. Sidewalk X X E. Patio^ck X X F. Landscape Underlain By Plastic Or Fabric X X X OAOther ,r. . . TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ♦ B 75-250’250-500'500-1000 Width X 100 Width X 100 ^040 SF. S,F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.-. j S.F. S.F. S.F. S.F. S.F. S.F. Vo A B S.F. S.F. S.F. S.F. S.F. S.P. - • ‘ S.F. S.F.; S.F. S.F. S.F. S.F. S.F. SF. a S F. A' > S F. B ' s f > f HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House 0-75 X Lcfiglh X X X B. Oarage C Driveway X X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plulic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZONE* A. House X Unflh X X X B. Oarage C. Driveway X •X D. Sidewalk X X E. Palio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ B 250-500' B 8 8 S S X 100 Widtfi m m X too SOO-1000' ^ I ____S F. Lor \0 l?)i^ 3 10*56 121 S.F. S.F. S.F. S.F. S.F. '• S.F. S.F. S.F. S.F. S.F. • S.F. S.F. S.F. S.F. S.F. S.F. % A D S.F. S.F. S.F.s,F.-srct?p SF. SF. S.F. • S.F. S.F. s F.- oectc SF. SF. SF. SF. S.F. S.F. S.F. % A B i Vt Ht M)»n»pin ■i..' Hennepin County Taxpayer Services Department f ’ O X Parcel ID 0711723240015 Housa Numbar 4460 Otraat Nama PORIOT LAKE LANDING Thl$ la not a l9gaUy noonhd mtp. It rapnaanta a compilation ofinformatfor and (fata fhjm CMy, County, and Slata road authofitlas and othar aourcaa. J 'rf.:yrT. if.™k. ,—I ' * ^ ;’vr 7*^' ■* •-«/■' * • • v;^^5..sy.;'i ■• ■■- • * \ WTf ' TT-.k. T-': •; 15 S'.v-V 4460 Forest Lake Landing WA W^s>. • •• • . -r'^V •V*».mmei life VM t m^: ’m v.‘..iV :tf. sy me “ ' iri* .s. ,V'’ o X Lil li \i r* fi t ! I e/t.H ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM I fwe) ue.^ j3~t3L ay- of [print name(s)][print address]»88] ^ U have review^ the plans for the proposed improvement or proposed use of the property located at HHiK^ fvrirsT^hL It^J^afso referred to as Land Use Application No.________. OmAo 553^ ^ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked lo declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date I (v»re) 4> ti^luv-a lOblf~^ of [print name(s)] forint address] U[print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also r^rred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Property Owner -.S' Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. • t .-M .s. * . ? i: 1 RUN DATE :4/SQ005 31 07II72324000S raOPAOOR 444S FOREST LAKE UNOmO OWNER NAME TK40THY MARK LEMBKE TAXrAYER TMOTHY M LEMBKE NAME/AODR 4443 FOREST LAKE LANDMO MOUND MN 33344 31 071I7332400I4 FROFAOOR 4430 FOREST LAKE LANDMO OWNERNAME RLRVAWOLFF TAXFAYER ROMRTLRVELMA A WOLFF NAME/ADOR 4430 FOREST LAKE LANDB40 MOUNDMN 33344 31 0711723240024 FROFAOOR 4473 FOREST LAKE LANDMO OWNERNAME JBLACKSTONEROBLACKSTONE TAXFAYER ION A OAO. BLACKSTONE NAME^AODR 4443 FOREST LAKE LANDMO MOUNDMN 33344 3S 0711723240041 FROFAOOR low WILOHURSTTR OWNERNAME BRADLEY! A JUDITH A LARSEN TAXFAYER BRADLEY IA JUDITH A LARSEN NAME/AOOR lOM WRJ3HURST TR MOUNDMN 33344 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 38 0711723240011 PROF ADOR 1080 WILOHURSTTR OWNERNAME FJRYSKAMPALMVRYSKAMP TAXFAYER PETER A LBA RYSKAMF NAMWAOm 1080 WILOHURSTTR MOUNDMN 33344 38 0711723240013 PROP ADDR 4440 FOREST LAKE LANDING OWNERNAME PVMARTINSON/IMMARTINSON TAXPAYER peter V MARTINSON NAME/ADOR 4440 FOREST LAKE LANDING MOUNDMN 35364 38 0711723240017 PROP ADOR 4440 FOREST LAKE LANDING OWNERNAME TUNEALUNE TAXFAYER TIMOTHY A LORIE UNE NAME/ADOR 4413 FOREST LAKE LANDING MOUNDMN 33344 38 0711723240023 PROF ADOR 4473 FOREST LAKE LANDING OWNERNAME J BLACKSTONE A G BLACKSTONE TAXPAYER JON A GAIL BLACKSTONE NAME/ADDR 4463 FOREST LAKE LANDMO MOUNDMN 53364 38 0711723240038 FROFAOOR 4443 FOREST LAKE LANDING OWNERNAME JONOBLACKSTONEETAL TAXFAYER JON D BLACKSTCME NAME/ADOR 4443 FOREST LAKE LANDING MOUNDMN 33364 • i:[c 38 0711723240040 PROP ADDR 4470 FOREST LAKE LAN OWNERNAME S E PRAWER A J C PRAWER TAXPAYER STEVEN E PRAWER NAME/ADDR 8313 W FRANKUN ST LOUIS PARK MN 33426 38 0711723240042 PROP ADDR 4480 FOREST LAKE LANDMO OWNERNAME LORENFSCHOENZEITETAL TAXPAYER LOREN FSCHOENZEIT NAME/ADOR 4414 TIMBER RIDGE EOMAMN 33439 38 0711723240044 PROP ADDR 1134 WILOHURSTTR OWNERNAME MICHAELSWEAR A BRIT SWEAR TAXPAYER MICHAEL S WEAR NAME/ADDR ■ >34 WILOHURSTTR MOUNDMN 33364 I CERTIPy THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE oN THE RECORDS OF THE HEN4EPIN COUNTY TAXPAYER SERVICES DEPARTMl OF MY KNOWLEDGE AND BEUEF. . . J rr hkie H-/^/UDb '{ f ia f. *■ ■i Date Appikatiol Received: 03>23-0S Date Appikatioa Coaiidered ai Coaiplete: 03>3d-0S (MKOay Review Period Eipirea: 05-3tM)S pm REQUEST FOR COUNCIL ACTION • ••“rrrtMQ MAY 9 2005 CITY OF OHOno Date: May 2,2005 Item No. ^ Department Approval:Administrator Approval:Agenda Section: Name: Melanie Curtis Title: City Planner Item Description: #0S>3106 - Brad & Cindy McDonnell - 1420 Baldur Park Rd - Variances Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential District, O.S acre/100 width 9,580 s.f. (0.22 acre) 50’± List of Exhibits: A. Revised Plan based on Planning Commission recommendation B. PC Action Notice dated 04-19-05 C. PC Memo & Exhibits of04-04-05 D. Draft PC Minutes Application Summary: The applicants have revised their request based on the Planning Commission recommendation and are requesting hardcover and structural coverage variances in order to construct an 80 s.f. covered porch entry in the place of an existing 76 s.f. deck. The application consists of: 1. A hardcover variance within the 75’-250* zone for 48.7%* hardcover where 53.8%* currently exists. 2. A structural coverage variance to allow 1,797 s.f. of structure when 1,500 s.f. is normally allowed and 1,717 s.f. currently exists. *The nonconforming hardcover within the 0-7S* zone has been included in this calculation. Plauning Commission Recommendation On April 18, 2005, Planning Commission voted 4 - 3 to recommend approval of the structural coverage and hardcover variances for construction of an 80 s.f. covered porch entry stipulating hardcover removals as follows: a All plastic and ftibric liners from landscape beds, and play areas (if applicable) and • The “rock fire ring" as noted on the survey; and • An additional 250 s.f. of driveway hardcover. r. •ro r: ;-v.v I ik.vV:.S.^ 0^ • Ptannlag Staff RcconncBdatioa Planning Staff recommends approval of a hardcover and structural coverage variance to construct a minimal covered entry no greater than 50 s.f.. Additionally, Staff recommends removal of 250 s.f. of driveway hardcover, the rock fire ring within 75* of the lake, wood and stone borders, and ail fabric/piastic landscape liners. COUNCIL ACTION REQUESTED Determine the size of covered entry porch, if any, that should be allowed and, direct staff to draR a Resolution for approval at the next Council meeting based on Council’s decision. 4 ■ A , i t r. . * - V- 'V'• 4mmi' ■WT ) i ^ ’ tfr J ;,v. •. .WT‘, T i •■V/ i^ ' .•«». r:.<•■•.. ■i,'®' .'.~V.- .'Jiiir?-ir-j :;»?SP .•• ■. • ' •». i • V •:* mm ■/■‘i ■ ■ 40-4' mmmmmmwnwmmm.. m 10 OOT. lUT nOMCD MMOI nioic fMMCD 1UXM rw ruiuc m oi^tfUMCL \ BBSTHp :n G>FIRST FLOOR PLAN 9 I j? 1/4’iT^O^ I iTi iti «iikniriii .'i “^■ ■ ' . * 'T vV-' ■'• > {. .r V • *?■ .• is» ... w - -;> ^^■ V 12"# S0N07UBE SPOT FOOTING IF ADDITIONAL SUPPORT IS REQ’O. RE:5/A10 ©^ FRAMING/FOUNDATION PLAN________ * i ■■ — -0".. -h l T' ■ . “*:) >< i ,vf •'■,1 GENERAL NOTE: PRIOR TO CONSTRUCTION THE FaiOWING ITEMS SHAU BE VERIFIED BETVCEN THE DESIGNER AND APPUCABLE TRADE PROFESIONALS: DIMENSIONS. CONFIGURATIONS. AND CONNECTIONS TO AU CONCRETE AND CONCRETE RONFORONG COMPONANTS DIMENSIONS. CONFIGURADONS. AND CONNECDONS TO ALL HEAVY DMBER COMPONANTS i1 }% . -cast moNT mil II■p^^^^iiii iii^^f^iiiiiii iiiiiiiiii I s^^isHEvf'Si' / muk oaa>*niiM roR Dttttit I SJR i»iii >i^^^f^fviiiiiaiiiiiiiiii ■iiti T^K ■lllll■llll liiii ■ ^iiHill ■ir^^Kiiii ■nil ■IIIIIIIIII ■ ■nil ■iii'^^i ■nil ■nil ■IIIIIIIIII III ■llll'■^^lnll ■nlll■nll ■nil in iniiiiiiv^iiiBiiii ■niiiiiiiiianiiii iini^^^ anil ■nll'■llll aniiia!;:^ I ar^niranii'aiiiiianiii*;^i^| M*!^^iiaiiiiianiiiaiiii'^^^i^niiS ;,^anii'aniiiani*,r^|^7ninii<a I■nil ■iai» ■III! ■iininl ■■1 i^iianiian ^^i^iira'■iK^Sfe^il laniiik^^ • •■ aiiia ■iiT; anil anil anil anil J.'.'.fL'.'.'.'i SB SS '■'"■>■»'•l■»'•lalllllalilllalllllalll.fl■nl||anllalllllalMll■lll■l■lllll■l VmBVni%Vna^L'iV.fL'. BB ■■ >'■ ■HUIIinmLVnfLVuL'^L'ia'if niiianiiiaiiiiiaiiiiiaiiiiiaiiiiiaiiii■Vi'ifLVi'imain^ B Bi l■J||i■lllllalMllalllllalllllalllllBlll ■HIM ■nii ^nl■^^^tl^l^t^|^l^^^^^|^^^^^ ■lll■l■l||■ anil v'liiiBi •/ r ino GOMI BUB mi o#. _&!, TX» ON jtffwSS? r«MTCMi«r0Mt r«MCAic ML 10 910 «MOO« •ino cnM iM« •/ OB. 0 SOUTHEAST ELEVATlON 1/4--1-0* I- 'TV?, -• A ti»-. o ■ :i' V '%>.■ Vf -. V • ■ •■. tiV-1';:-w^.;: ..•• :'r;-^ c; V; %/m Q> Uc 0) ^ ^ T) «T) « » sf^ ;i 0)cc Q O 2 §1 atvM 3? a:i ^— 1 .g CITY OF ORONO 2750 Kelley Perkway POB0X66 Ciyital Bay, MN 55323 952J49.4600 ZONING FILE 05-3106 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 ■ ■ TO: Bradley ft Cindy McDonnell 1420 Baldur Park Rd Wayzata, MN 55391 COPIES: TYPE OF REQUEST: Variaacei DATE OF MEETING: April 18,2005 Planning Coniniluion reconraended at foUowe: Approval of an 80 «.f. covered porch entry stipulating hardcover removals as follows: • All plastic and fiibric liners from land^pe beds, and play areas (if applicable) and • The **iock fire ring” as noted on the survey; and • An additional 250 s.f. of driveway hardcover. VOTE: 4 FOR 3 AGAINST • The Commissioners felt that there was not sufficient hardship by which to justi^ granting a structural coverage variance. Applicant’s next scheduled meeting is confirmed as: City CenneU - Monday, May 9,2005 - Meettag starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available ftom 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. I f »*■. ■V ■p". r I eauenro FILE i05-3106 4 April 2005 Page 1 of 4 Date Application Received: 03-23-0S Date Application Considered as Complete: 03-30-0S 6tl-Day Review Period Eipires: 0S-30-0S To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner April 4,2005 Subject:05-3106, Brad & Cindy McDonnell, 1420 Baldur Park Road, Hardcover & Structural Coverage Variance Public Hearing Zoning District: Lot Area: LR-IC, One Family Lakcshorc Residential, V% acre/100* 0.22 acre (9,580 s.f.) AppUcatUm Summary: The applicants are requesting hardcover and structural coverage variances in order to construct a 168 s.f. covered porch entry in the place of an existing 76 s.f deck. The application consists of 1. A hardcover variance within the 75’-250* zone for 54.5%* hardcover where 54%* currently exists. 2. A structural coverage variance to allow 1,885 s.f of structure when 1,500 s.f is normally allowed and 1,717 s.f currently exists. *The nonconforming hardcover within the 0-75 ’ zone has been included in this calculation. S/qff RecommeudaHon: Planning Staff recommends approval of a hardcover and structural coverage variance to construct a minimal covered entry no greater than 50 s.f. Additionally, Staff recommends removal of the rock fire ring within 75’ of the lake, and all fabric/plastic landscape liners. Pertiaent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OH WL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. 3P- -I f % '' * . • ■ 1 k » - — - -___^ ,1 ’•■I FILE #05-3106 4April200S Page 2 of 4 Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0-1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed IS percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Site Photos G. Property Owners List H. Plat Map Backgroond The applicants would like to construct a covered entry porch to match the architecture of their existing home. They are proposing to construct a 168 s.f. covered porch in the place of an existing non-structural 76 s.f. grade level deck. As the property is over in hardcover and structural coverage variances are required. LOT ANALYSIS WORSHEET Lot Arca/Width: LR-IC Lot Area Lot Width Required 21,780 s.f. C/jacre)100’ Actual 9580 s.f. (0.22 acre)50’ acka; LR-IC Required Existing Proposed Lake 75’74’ - 70’ house 86’ porch Rear 30 ’23.9’ garage 79’ house 84’ porch East Side 10’19.4’ house 10’ porch West Side 10’3.5 ’No change Average Lakeshore The existing home is currently 5' into the average lakeshore setback; the proposed porch will be in a conforming location. Stinctiiral Covcraac; Total Lot Area Total Structural Coverage 9,580 s.f (0.22 acre)Allowed: 1,500 s.f > 15.6% Existing: 1,717(17.9%) Proposed: 1,885 s.f (19.6%) •/ —- mm ‘I ii H FILE *05-3106 4 April 2005 Page 3 of 4 Hudcovcr Catcttlalioni: Hardcover Zoae 0-75 75 - 250 Total Area ia Zone 3,775 s.f. 5,805 s.f. Allowed Hardcover 0s.f (0%) 1,451 s.f. (25%) Existiac Hardcover 212 s.f.* (5.6%) 2,914 s.f.* (50.2 %) Including 0-75' hardcover “ 3.126 s.f. (53.8%) Proposed Hardcover 212 s.f. (5.6%) 2,957 s.f. (50.9%) Including 0~75‘ hardcover -^3,169 5f (54.5%) After exclusion of febric or plastic-lined landscape beds Hardcover Variance The level of hardcover and the substandard setbacks are not uncommon in this neighborhood where small lots and lack of on-street parking require a compromise between safety and hardcover. The request in this situation is not excessive however the Planning Commission should discuss whether the lack of a covered entry is a hardship and if so, what is a reasonable level of variance for approval. The existing deck landing is 76 s.f., the applicants are proposing an approximate 168 s.f. covered entry, 92 s.f larger than what is existing. In addition to the hardcover calculated on the attached Hardcover Calculation Worksheets there is approximately 14 s.f of the neighbor’s driveway which exists on the qiplicants’ property. The Planning Commission should discuss whether or not the hi^cover removals proposed by the applicants (49 s.f) is sufficient to offset the additional 92 s.f of porch hardcover. There is 212 s.f of existing nonconforming hardcover within the 0-7S’ zone where hardcover is normally not allowed. The hardcover within the 0-75’ zone consists of a 78 s.f portion of the home, a 132 s.f grade-level deck and a 2 s.f fire ring. For calculation purposes this 212 s.f of nonconforming hardcover has been applied toward the level of the 75 ’-250* zone. Stractnral Coverage Variance The applicants’ property is less than 10,000 s.f in area. Per Zoning Code 78-1403 a lot of this size is permitted 1,500 s.f of structure although greater than the 15% limitation. Currently there is a 1,717 s.f of structure on the property and the applicants would like to add 168 s.f. Perhaps there is a hardship in that the home does not have a covered entry, but is the porch proposed the minimal covered entry necessary to meet the needs of the applicants? h i? n V ..FILE (P05-3106 4 April 2005 Page 4 of 4 Hardship Statcnent Applicant has completed the Haidship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /m cmuUtriHt appUcaHomt for varianct, tke Ptaaatag Coaaalssioa shall consider the effect of the proposed variance npon the health, srfetp and welfare of the connmnlty, existing and anticipated trpffic conditions, Hghtandalr, danger tffire, risk to the pnhllc spfety, and the effect on values of property In the surronntdng area. The Manning Commission shall consider reconanendlng approval for variances ftam the lUer^ provisions of the Zoning Code In Inaanca where their strict enforcement would cause undue hardship because of drcumstauees unique to the Individual property under consideration, and shall recommend approval only when H Is demonstrated that such actions wUI be In beeping with the spirit and Intent of the Orono Zoning Code. Staff finds that while the proposed porch addition will not increase the hardcover on the property significantly, the structural coverage will increase and the nature of the har^ver will change. Issnes for Consideratioa 1. Are the changes proposed strictly aesthetic? 2. Does the size of the proposed open porch addition continue to contribute to the overcrowding of the neighborhood? 3. Should the i^licants be permitted to construct to the 10* side setback line on the east while there is only a 3.S* setback on the western side lot line? 4. Alt diere any other issues or concerns with this application? Staff Recomnicndatioa Planning Staff recommends approval of a hardcover and structural coverage variance to construct a minimal covered entry of SO s.f.. Additionally, Staff recommends removal of the rock fire ring within 75* of the lake, and all fabric/plastic landscape liners. Alternately, should the Planning Commission feel that the applicants* porch proposal is reasonable; perhi^M in addition to the above listed hardcover removals additional driveway hai^ver removals are warranted. i oiiy OT urono m ^ Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 •if I' Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay. MN 55323-0066 Application# C‘) Date Received: Amount Paid: ( oCpCDt oo Staff: kAeXri Zi7. Fee: S600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. Appleant will be notified within 15 days as to the status of the epplicatian. Incomplete applications will not be placed on Planning Commission Agendas. PROPB^TY INFORMATION: . Site Address: 6aUiir P<X Property Identification Number (PIN); lot 7 , /d . e (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): h/9^ □ Yes, I own the adjacent parcels. Present use of property: [^Residential □ Other_________________________ Zoning District: __________________ APPLICANT INFORMATION: (Complete legal nar:6s and marital status required for each interested party) Name; r/$r^i /Me Do Phone (home)i - v 7/- Address: /</;>.o pk Email: go/- C«'*v-V __Phone (work): o<9oy (/:'n: ''.-t 5 >^7/_________________ Fax: OWNER INFORMATION (Complete legal names a-'d marital status required for each interested party) Name: Phone (home); Address: ___ Email; Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ S.ooo • fo o Describe the request in detail (attach additional sheets If necessary): ____________ ______oX CDvcr/c/ DorCflt on -sy S/Je nX Pr/m. . atdx- de-'/a{/s'^ L .: ,x T O i O'-- -4 - - REQUIRED Sl/Dl All of the following information must be submitted by the application deadline date in order for your application to be processed. > > A'Pre-Application Meeting Form, completed by a City Plann(^ ^ Completed Hardship Documentation Form \ ^ \ .^1^^ iB Completed Application Form Certified Property Owners List - owners within 150 ’ of the^ubject proj^ffy, labels'ahd plat map. List, labels and map may be obtained from Hennepifi County Department-of-^ance, Government Center, A-603 300 South S*** Street, Minneapolis, telephori ^ 612-348-5910 ) Original Certificate of Survey (signed by a licensed surveyor), meeting all me requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11 " X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5“ x 11" or 11" x 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11 " x 17"). □ .^ diiitional items may be requested by City Staff depending on the scope of the project. * □□ APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant ’s Signature: r-t Cf_________ Applicant ’s Signature: _____^_________________________ Date: Date: 3/6 A OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner ’s Signature: Date; Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. \. i ’i iffiiiliil DATA PRIVACY ADVISORY i- .Ip accordance with M.S. 13.04, Subd. 2. "Rights of subjects of data", we would like to Inform you tf at your reguest for a permit or license from the City of Orono or any of its departments may pjquire you to fUmish 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. ■ ‘ 1';.r ■•■A 6. Your full name is required to process this application or permit. 0 (/ h i"h. t V_________if___________^ ^ Fifit Middle . A/2.0 /tv Last Ackfress . city 'St^ A/4* / /y t-Y . f Phone r O -V}. V.:..’ ■ » I !■ I |T>I I ^tin. Sec. 13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms . Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on Individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shali provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. i rii’ V ^ k *.» w o • • • i Sr* *»■ •» f ^ ^ ■W Tir- -*•* V* »v','--' HARDSHIP DOCUMENTATION FORM Page 1 of 3 ThI* form it a required submittal for ALL variance appiicatlons. An application will not be considered complete or placed on any meeting agendas until this form is complete arui 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 hard^ips. 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.” Aj/ri____________________________________ - 3."The variance, if granted, will not alter the essential character of the locality.' _____________________________________________________________________________ "Economic considerations alone shall not constitute an undue hardship if reasonable tor the property exists under the terms of the Zoning Chapter." r ft; * * ak I ^ * *v y'. *rC' ‘ V. .0 u. ^t-' m. StearinUfa T ? I : : i , j f . 5. ‘3 8. 9. 11. Page 2 of 3 'Undue hardship also indudes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." "The Board or Council may perm'rt as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the strudure or land in question are peculiar to sudy}roperW or immediately adjoining property." /a/“ 7^_____________ ^//iff . "The conditions do not apply generally to other land or structures in the distrid in which said land is located." "The granting of the application is necessary for the preservaUon and enjoyment of a^substantial property right of the applicant." ' hj/cjC, />{ tf fi/u'ViCKT /lou*,/ /-io rfff/t/Jm /< s /i *TKa nranfinn nf IHa'The grafting of the proposed variance will'riot in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." _________________________________________________________________________________________________________ K ?I . . v..v' Page 3 of3 12. I - *The granting of such variance wiii not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” -7^ o€ A ^rc/>^\0€^‘firC / 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): ■: ' y X. ’ j m.I m:mm i aliiisSip ...:r '4.'•• -Vt % ■ J ^:-■ t' **• m .t fc-1 ^ ■ U f*':ry> e ..', i'Pf •» I*. \%2■) / ■V tmmrn* HARDCOVER CALCULATION WORKSHEET f-Ol \>19C S-/7'0S SETBACK ZONE: (CIRCLE ONE)75-250'250-500'500-1000' EXISTING HARDCOVER IN ZONE A. House X 70 s.F.-R^yse Lenglh X Widih a S.F. X m •S.F. . X B S.F. B. Oarage x S.F. • w»* • •••••• • C. Driveway x S.F. X B S.F. •• • D. Sidewalk x B • S.F. X B S.F. E. Patio/Deck x jg • • SF.-OfCt< • X •mmm S.F. • F. LifHlscepe x S.F. Underlain x •B S.F. By Plaitie x B S.F. Or Fabric 0. Other x S.F. - P«r?E /aoi TOTAL HARDCOVER IN ZONE •.212.S.F. A TOTAL PROPERTY AREA IN ZONE •ins S.F. B A + B X 100 m y. • PROPOSED HARDCOVER IN ZONE’ A House X m 7/? •• S.F. Lmflh X WUtih m ... S.F. X m S.F. ... • ■ ......... • •• X m S.F. • B. Oaraee x m "s.p. ee C. Driveway x •a S.F. . . - • * X S.F. - D. Sidewalk x a ( S.F. X B S.F. E. PalioA)eck x SB )zz SF- K •B S.F. c F. Landscape x a SF. Underlain x .m SF. 1 )t' • By Plastic x m SF. ( Or Fabric • 0. Other • x m X S.F. ;•» ... . TOTAL HARDCOVER IN ZONE C jfH S.F. A TOTAL PROPERTY AREA IN ZONE ••S.F. B A + B X 100 •% i - - ^J ■W. •. # / SETBACK ZONE; (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House ______________ Lengih HARDCOVER CALCULA'riQilVVORKSHEET (^-25^ 250-500*0-15* X X X X L$X Slfic 3‘t7-os 500-1000* <?^7 S.F.-M^S^ WidUi B. Oarage C. Driveway D. Sidewalk E Patio/Deck F. Landscape Underlain By Plastic Or Fabric 24.4 24. 7 X X X X X X X X X M2. 832L 25<? S3 S -76 S.F. S.F. S.F. • • S.F.-GAfiA6e S.F. - Bt>4d/^1PP S.F*,'COHC. S.F.-CP hc :, S.F. S.F.-OFCK S.F. { j f'? ^S.F. SJ c»"'V 0. Other SS-l^'x Alc?At:^/,°' TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B 2ai4IMr X100 -sozo S.F.-MI5C, S.F. A S.F. B Vo PROPOSED HARDCOVER IN ZONE' N ote.' Ehci 9K>A£41IH^ 0I?)VEW4Y not COaNTEO M/tROCOvEl A. House 9<?7 Ltfiftfi Width B. Oarage C. Driveway D. Sidewalk E. Pilio/Deck F. Landscape Underiain By Plastic Or Fabric 0. Other X X X X X X X X X X X X «?5*? 8 -T 768 h/o .S.F. S.F. S.F. . S.F. • S.F. S.F. . S.F. - • S.F. S.F. S.F. ^ S.F. p<?(Y. K S.F. S.F. S.F. S.F. r • \ ■‘.V' • • • I . r. * -*« » • • ^ ■■, / /.. •/ •i'- ' •• ■ / i-V . %yK/rj^ T.'iJ . ■* « .jj. •- i . • ■-j^m -'uSiE'i III' :iiii!5II < -L f , V. A^ ' i. • ;rrv c J ■ -'S IS* m I.sm.-- 9 ^$>1 ■■ ‘ J? ' ■.; .'.M -r-li i‘-'^y,' /»»! »-^;!l?A3- ^ .. L>^ ¥?■' p^ r=) :v ■sL£-'v.:j?i§s^a *i'^ i _ -»■ *^i .3 H*'# V V - * p »V.i'i ■ ’•'T • t"’' ’.V A — . '• t ,( I imD 1 » !i!j;U! .!! ! !i2 i,» :ih'vi'i” i '. ’, . Mi|i!.i:-::^!v:i!, ' 1 _*S.^li!|if|,;S^l|::;.;,V^;-:.‘^ w ■’‘irrtilM,;.mu!L^l 3fi ^21 ore ---- ''' C I ■ *-JO‘ '■*'5 s -• ■»» •// A .r- - -* ■»- V [ dm ■h '-“X.m >; ' r - i- v_4^'^WaT mm * .; ,-V-^ . ■ '^llT • ‘mi ir^L*^ m. ir*!' ( - ■jfcc-v'<r ® •j fr 4 f>i23; ii-JV ..■>:■ U w -w^'" '.' ~ " I r I Tiirr ?i iTiyr<wiiiiiTir^n’' l'^^^i^ *!^-' • . ^ L: -iv-3^■*'^ • /•-• \S-x/t ^1 /Z0O5^ •" * t ♦.T '% — "'A.'/ ' ' •* RUNIUTC:V14WB s ;. } ‘‘ F ’ iv'; ' ■ * 'rf *1 ■ ■'"' 3S 0HI72S3MI3 I’l t HENNEPIN SYSTEM PROPAODR 1424 BAtDURPAMUU) OWNERNAME RJ ROMUBR ETAL TAXPAYER RJROHRER/DLS HUTCHINSON NAME/ADDR 1424 BALOUR PARK RO WAYZATAMN 35391 3t 0111723340014 PROPAODR 1420 BALOUR PARK RO OWNERNAME BRADLEY J MCDONNELL ETAL TAXPAYER BRADLEY* CYNTHIA MCDONNELL NAME/ADDR 1420 BALOUR PARK RO WAYZATA MN 55391 3S 0811723340015 PROPAODR 1416 BALOUR PARK RO ^ OWNERNAME J O UUCU * M A PETERSON TAXPAYER JEFFREY ULKU/MARCIA PETERSON NAME/ADDR 1416 BALOUR PARK RD WAYZATAMN 53391 3t 0111723340016 PROPAODR 1412 BALOUR PARK RO OWNERNAME WILLIAMCARONS TA)(PAYER WILLIAM C ARONS NAME/ADDR 603 NORTH YACHTSMAN DR SANIBELaA 33937 31 0811723340017 PROPAODR 1408 BALDURPARKRD OWNERNAME WILLIAML/KRBTIBANDERSON TAXPAYER WILLIAM l/KRISTI B ANOERSWI NAME/ADDR 1408 BALOUR PARK RD WAYZATAMN 35391 PROPAODR OWNERNAME TAXPAYER NAME/ADDR t • 38 0811723340018 1404 BALDURPARKRD CHARLES APFIAS • ' . CHARLES AFFIAS 2634 JERSEY AVES ST LOUIS PARK MN 55426 PROPAODR OWNERNAME TAXPAYER NAME/ADDR 38 0811723340023 38 ADDRESS UNASSIONED REGINALD A SP1NDLER RASPINOLER SPRING FARM 8402 BURROUGHS ROW DEBIPARKWA 99006 38 0811723340028 PROP AOOR 38 ADDRESS UNASSIONED OWNERNAME RBOINALDASPINDLER TAXPAYER RASPINOLER NAME/ADDR SPRING FARM 8402 BURROUGHS ROW DEER PARK WA 99006 PROPAlMk OWNER N^E taxpayer ’ NAME/ADDR 38 0811723340029 38 ADDRESS UNASSIONED REGINALD A SPINDLER RASPINOLER SPRING FARM 8402 BURROUGHS RD W DEER PARK WA 99006 PROPAODR OWNERNAME TAXPAYBI NAME/ADDR 38 0811723340030 38 ADDRESS UNASSnNBD REGINALD A SPINDLER RASPINOLER SPRING FARM 8402 BURROUGHS ROW DEER PARK WA 99006 38 0811723340031 PROPADOR 38 ADDRESS UNASSIONED OWNERNAME RBOINALO A SPINDLER TAXPAYER RASPINOLER NAME/ADDR SPRING FARM 8402 BURROUGHS RO W DEERPARKWA 99006 38 0811723340059 PROPAODR 1428 BALDURPARKRD OWNERNAME THE HEU ROTH TRUST TAXPAYER KENT * LORI ROTH NAME/ADDR 1428 BALOUR PARK RO WAYZATAMN 55391 I* ♦38 08117234: PROPAODR 1436 BALDURPARKRD OWNERNAME JMBCKELSON*MMBCKELSON TAXPAYER JEFFREY* MARGARET MBCKELSON 1436 BALDURPARKRD WAYZATAMN 33391 NAME/ADDR 38 0811723430007 PROPAODR 1432 BALDURPARKRD OWNERNAME JG*MRNYQUBT TAXPAYER JOHN G* MAUREEN RNYQUIST NAME/ADDR 1432 BALOUR PARK RD WAYZATAMN 53391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUERFFRE$ENTATK)NCM'INF(»MA ‘nONAS IT APPEARS THIS DATE ON THE RECORDS OF THE HEM4EPIN COUNTY TAXPAYER SERVICES OEPAR1MEMT, TOTHE3EST OF MY KNOWLEDGE AND BELIEF. ' “"iy DATE-" ; • % PAGE: I -r -:-C' i • '•.'C V/ 'A >/ .«I I • tII M ■ r. - .ir*'-liv'*^■" :•■ ;H«hnepin County :.'"^ ’ r ^3jj(pay0r Services Department^ tv ■ V , :V *• ■ V’. «r - ' • . ■ . '-‘t-r ■# . i ’ • • ,:•■;/.*>'• V # • iifep*.*i <>-•* Parcel Infbmmtion Pareal 10 0811723340014 ' h^'.-' HouM Mumbf 1420 StTMt Nmim MLDUR PARK RD Tmf$notal9oalfyr90ontmtm$fi.ltnfimmlt»eompmtlonoffraorm a Uon and tM» from Ofy, CouMy, and Stah road mUhorlUn and odmaourcas. 13. #0S-3106 CINDY AND BRAD MCDONNELL, 1420 BALDUR PARK ROAD - VARIANCE, 9:33 P.M. -10:03 P.M. Cindy and Brad McDonnell, Applicants, were present. Curtis stated the applicants arc requesting hardcover and structural coverage variances in order to construct a 168 square foot covered porch entry in place of an exuitihg To'square foot deck. I'he following .‘«riances are being requested: I. currently exists; A hardcover variance within the 75 ’-250 ’ zone,'for M hardfwyer where 54.percent 2. A structural coverage variance to allow 1,885 sqiiq|9 fee^qf structure when 1,500 square feet is normally allowed and 1,717 square feet curfehtly exists. 1 A vy Staff recommends approval of a hardcover and^jicfor^cpedyerage variance to construct a minimal covered entry no greater than 50 square feet ,'uladditi6n;^ta^ removal of the rock Ttre ring Xv within 75 ’ of the lake and all fabric/p^jc luidscapejiijers Mrs. McDonnell stated they haye a hardship because they do hot have an overhang and that creates certain safety concerns for p^le ytt^g their property. McDonnell indicated the current landing is rather smaUah9$Q^ould like to construct * covered landing that is more aesthetically pleasing. McDoiiiMirhbt^ tht^juve ^ the sii^'of tiie proposed landing once they teamed of the hardcover «. z i> V- s*--a|k^it^rai coverage limitatio^,j*S;| hlcEfonnell stated the current-liuiding is smalt and does not safely accommodate their grandparents X'-f ; ' ■> y X and other visits'^ the lot. Mrs. McDonnhlijuU^arat^ ^ey would like the project to be visually appealing and have scaled back their plans after becoming Iwhm of the regulations. McDonnell stated they have a small lot and are unable to reduce the garage or house. Mr. McDonnell stated they would like to make the house pleasing and functional but would like to construct a covered entry due for safety reasons. Mrs. McDonnell indicated they are re-siding their house and doing some landscaping and that they arc willing to make their property more conforming with the hardcover limits. Mr. McDonnell indicated they are willing to reduce their driveway somewhat. Jurgens stated he would like to see the structural coverage reduc^ as much as possible. Jurgens inquired whether the deck in the front is considered structural coverage.m-jr- Curtis stated that deck would be considered hardcover. Jurgens commented he understands the safety issue but that thetoVei^ pbiich entry woula need to remain as small as possible. Rahn stated in this particular case it does appear to be a'saie^ is$ue a^ it ^ould be over existing hardcover. Mrs. McDonnell stated she would be In favorpf li irtinirodly'sizfed entry if It would be aesthetically Pl««»ing- Mr. McDonnell pointed out there is e window locatra close to the door, and if they are required to reduce 1-TJ the size of the porch, the post would bd in the center pf the wiiidow. >v*- ■ Rahn indicated he would be (n^&yor of 77 square feet. t .> .f Tiiere wer^ nP puirTloxioi^ regaling thj|> application. Kempf stated what is being jmpqsed is basteiily for aesthetics and functionality and that in his view an aj^irtji^ily pleasing landing eoMl^t^ accomplished with a smaller amount of square footage.a t** •ft' ^Mlrs.'Midi^nnell stated they are ^liio{| to reduce a portion o; the driveway. McDonnell stated the total ti ■ j'.- ,f' PPdriveway is 8S2 square leet sji W A Leslie inquired the house was constructed. Mrs. McDonnell stated^ih 1978. Leslie commented the safety issues associated with an uncovered entry do net appear to be a high priority since it has existed for over 20 years. Leslie stated if the Planning Commission is requiring other applicants to comply with structural coverage, this application is no different. ,-rStr^. Mr. McDonnell stated people have fallen on that landing and that the uncovered entry is also dripping water down by the foundation of the residence. Mrs. McDonnell stated in her view they do not have an option and that ihe safety of their children and other visitors to their residence is a priority. McDonnell comme|itcd they do not have many options Winkey commented he does not really see a hardship in this sitiiation ‘and that the Planning Commission ‘ '? needs to remain consistent. Winkey noted the hardco^eejia^^^ 75 ;25Q’ zone is almost double what is /»*A' ‘’I '"i, .. •• lAlAJvi.l A.allowed and that there should be major reductions in^Viikrdcpi'ef. . Wink'ey c6^ the main issue is the structural coverage. ■ • p t* • Mr. McDonnell reiterated thal a number of people have falleh on thiif landing. ^. • r, , * ♦S' ^II Winkey stated the area could be shoveled and saltodp^ Mr. McDonnell indicated the area is wood and is sUppery when wet. Winkey stated in his opinion the issue is the amount of structural-covdra^ on the lot. Bremer stated in her view this applict^n is^difTere^tltiJan an application for a garage due to the safety • -iv> 1 ,‘i • f- ^ considerations, but noted other ppj^liekhts have heed j^uifed'td'ltduce their plans down to the bare minimum in order to complv' wij^the stm coverage limit. Bremer stated she would like to see • ^ , j,, ■ . further reductions in hardcover, which thei applicants have indicated they are willin' to do. Bremer stated ‘ t. . >*Vv.f ♦ , . ... : i she would be in favor of the'76 feet but that aenhetics is not a hardship. Jud^mi inquired whether the a^jiciints are willing to work with the 80 feet. Jurgens pointed out 80 V'.-i' •■.!, ^paie film would allow an 8 ’ byilO* landing, which is easier to construct. Mrs. Mc(|bn{^ll Indicated they'wpujd be willing to redesign their plans to meet the 80 square feet. Fritzler stated lit hia view Wliaf^j^vered entry way could be achieved with 76 or 77 square feet and that ; , < •: ^.r. reductions in hardcover normally are not exchanged for additional structural coverage. Jurgens stated 260 square feet of driveway would need to be removed. Mrs. McDonnell requested 80 square feet. Jurgens staled on every application the Planning Commission looks at reducing hardcover wherever possible. *— Mrs. McDonnell inquired whether the 260 square feet of hardcover could be removed in areas other than the driveway. Bremer stated the hardcover could be removed anywhere within the 7S'>?50* zone. Jurgcu noved, Kcmpf seconded, to recommend approval of Application #05-3106, Cindy and Brad McDonnell, 1420 Baldor Park Road, tranting of a bar^^er vai^ance within the 75*-250’ tone, with the condition that 250 sqnare feet of hard^iili^ be i^m^M i#the 75-250’ zone, and the gmnting of n atructumi coverage variance to aHo^ anfs<|nnit foot adi^|tiph in the nm where the existing deck is to accommodate the covered porch ehtiy, and further subjeet to the Mihoval of the / d: rock fire ring nnd nil Ihbric/plastic landscape liners.V(6tE: Ayes 4, Nays 3; Fritzler, Leslie and Winkey opposed. coverage limit should be adhered to. ^^Hiey be ■ I P, if :T.s • i:. COi• •^cni^<Q Date AppllcatioN Received: 03-234)5 Date Application Complete: 04-11-05 60-Day Review Period Eipiration: 06-11-05 may 9 2005 CITY OF ORONO REQUEST FOR COUNCIL ACIION Date: May 3,2005 Item No/^ Department Approval: Name: Melanie Curtis Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3107 - Natural Environments Corp - 825 Tonkawa Rd - CUP & Variance - Resolution Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential District 1.3 Acres 106’ @ shoreline /136’ @ 75’ setback List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 04-19-05 C - PC Memo & Exhibits of 04-11-05 Applicant is requesting the following: 1. A conditional use permit in order to replace a rotted wooden stair system with lower glacial boulder walls, vegetation, re-grading the slope and the installation of a granite stair system. 2. A hardcover variance due to the change in the hardcover percentage proposed. Planning Commission Recommendation On April 18,2005, Planning Commission voted 6-0 to recommend approval of the hardcover variance and conditional use permit per the Staff recommendation. Lot Width Variance Required During the review process for the retaining walls and stairway, it has just recently come to light thi.t the lot is substandard in width as measured at the lakeshore. Required lot width for the LR-1 B District is 140 ’, and an existing lot of record meeting 80% of the lot area and width standards is allowed to be lesidentially developed. The 80% of width standard for a lakeshore lot must be met at the Oi l WL and at the 75’ setback line. In this case, the lot exceeds 140 ’ in width for most of its length, as well as at the building location, but narrows to 106’ defined width at the shoreline, not meeting the 80% standard (106/140 = 76%). This lot has been vacant since 1995, and although the current property owner has made a number of inquiries in the last few months about aspects of building on the lot, the lot width issue was not discovered until this week. The lot width issue is in stafi's opinion a technicality in this case; we *v^* would expect no opposition to granting this variance from Planning Commission, Council, or the public. However, from a precedence perspective, this nonconformity cannot be ignored and a variance should be processed and approved in the normal manner, as an amendment to the current application. Staff Recommendation. Staff would recommend that the resolution for the stairway and walls be "dopted, and that the applicant be allowed to amend the existing application to include a lot width variance, to be published for a public hearing at the Planning Commission’s June 20 meeting, with Council action on June 27. Per discussion with the City Attorney, staff would also recommend that if the applicant applies for a building permit for the new residence and if that permit is ready to issue before June 27, that the building permit be issued and home construction be allowed to commence, conditioned on no Certificate of Occupancy be issued until the variance process is complete. PlaMiag Staff Rccommcadation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. l:-mmm ■P Py-’-yl mm T ' A I*;!.-.-:...- ■ ■ .r<'; J* fy F r': ■ ; 1- 0Mm i£^immm rlTAF,A- - a"v::'4r - A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 7S-282 & 78-1288 AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-282,78-1286 AND 78-12S0 SUBDIVISION I FILE NO. 05-3107 WHEREAS, Scott R. Bissen and Michelle R. Morey, husband and wife (hereinafter “the applicants ”) are the owners of the property located at 82S Tonkawa Road within the City of Orono (hereinafter the “City”) and legally described as follows: Part of Lots I and 2, Auditors Subdivision No. 217, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282 and 78-1288 to aliow a hardcover variance for 4.5% within the 0-75’ setback zone where 0% is normally allowed. WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1250 to allow grading within the 0-75* setback zone for stair installation. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 1105-3107. The property is located in the LR-IB, Single Family Lakeshore Residential zoning district, which requires a minimum of 43,560 s.f. or 1.0 acre in area and 140 ’ in width. The applicants ’ property is 56,553 s.f (1.3 acres) in lot area and 106’ in width at the shoreline and 140 ’ in width at the 75’ setback line. Page 1 of 5 I ^ I 3. TV ' 4. 5. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of the hardcover variance and conditional use permit based on the following findings: a. City Code 78-1282 allows for the installation of stairs, liOs and landings in place of major topographic alterations on steep slopes. b. The proposed changes to the stair system and wall result in a reduction in hardcover from 4.6% to 4.5%. c. The proposed 4.5% hardcover is allowed pursuant to City Code 12- 1282. d. The existing wooden stairs and landings have a greater visual impact from the lake than the proposed stair system. e. The proposed glacial boulder walls will be screened from the lake by vegetation for a natural looking slope. f. The reconstruction of a wall 4 ’ or less in height and maintenance of a slope no greater than 2:1 is supported by the City ’s Engineer, and is necessary to stabilize the slope and protect the slope from damage. g. The applicants have provided a restoration plan meeting the goals and intent of the Zoning Code and the Orono Community Management Plan. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in Page 2 of 5 f:! > i- t keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of tlie above findings, the Orono City Council hereby grants a variance to Orono Municipal 2U)ning Code Section 78-282 to allow hardcover within the 0-75 ’ setback zone consisting of 4.5%, and a conditional use permit for the construction of a new granite stair system, regarding of the slope and installation of low- glacial boulder walls subject to the following conditions: 1. Council approval is based on the site plans submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the site plans which are not In conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above 409 s.f. or 4.6% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is ad* that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 9,2006). 4. A permit will not be issued for the lake access stair until after the completion of a framing inspection for the new residence. 5. 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. 6. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 i . V Adopted by the Orono City Council on the 9"' day of May, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ,, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 'M . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Lif'.da S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrumc.it was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Scott R. Bissen, husband of Michelle R. Morey, husband and wife. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of Michelle R. Morey, wife of Scott R. Bissen, husband and wife. Notary Public Page S ofS . 2005 ^2005 a. ’.i wm . '■■■^- •' r.ii-'---: rTTT^J SOP^' !» tsttM '"''A ep**"* I ^«irM<. t-'') .■> '■'K' ' y '-• . • * ••^ .j* " - m0ijjn *9^-f±IZ/L c?T/pap-^ yjKg > iilHiiilfgiT ■■Hill nil 4 0(«iwr A»- -V'»,••• g.-- ► 0 / I- /0Y wo£:::- :s^ma :~. ----------------• rtf rivmri!i!/:!i. T,r/J:iffiiHyiL^0i0j. @) i: I • • 7^ i."iji'*>r>if/irjF •*f»« %' —^ / •* «• 5-T ’i<9 '9:'7.f*^urj.f»:.hvj'*:0it •str*- dEL I wtuinfimmgimim I I IWSSSl )H!W 3-5^ •' [=33:y4f'W^i:K0^. ►i/-/X *r/-iV//i :\s^gH:U zT.or /•T tHTO------------------ S?/.t= -« .... ^ar^@ P «i sem tteH'Si'sjc I ’lTMVBLPiar£- Eeg; '7•e ■i 4 t ^ \ J • • ' \ i.... . •« .. T 6XH=ifeir iZp crrv OF ORONO 2750 Kelley Parkway POB0X66 Ciystal Bay, MN SS323 952.249.4000 ZONING FILE 05-3107 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 19,2005 k TO: JefTNute Natural Environments Corp 6098 Olson Memorial Highway Golden Valley, MN SS442 COPIES: Scott Bissen & Michelle Morey 16025 36"* Place N Plymouth, MN 55446 TYPE OF REQUEST: CUP A Variance DAI E OF MEETING: April 18,2005 On the Consent Agenda, the Planning Comnission recommended as follows: Approval based on the staff and City Engineer recommendations. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: city Connell - Monday, May 9,2005 - Meeting starts at 7:00 pm If you desire certified copies of the ofHcial Planning Commission minutes, they arc 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. i FILEi05-3107 11 Aprtt 2005 Page1o14 Date Application Received: 03-23-05 Date Application Considered as Complete: 04-1 i>0S 60<Day Review Period Espires: 06-1 l-OS To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner April 11,2005 05-3107, Jeff Nute of Natural Enviromaents Corp for Scott Bissen & Michelle Morey, Tonkawa Road Hardcover Variance & Conditional Use Permit Public Hearing Zoning District: LR-IB, Single Family Lakeshcre Residential, 1 acre Lot Area: \ .3 acre (56,553 s.f.) Application Summary: Applicant is requesting the following: 1. A conditional use permit in order to replace a rotted wooden stair system with tower glacial boulder walls, vegetation, re-grading the slope and the installation of a granite stair system. 2. A hardcover variance is also necessary due to the change in tlie hardcover percentage proposed. Staff Recommendation: Staff recommends approval • he hardcover variance and conditional use permit contingent on the issuance of a building permit for a new residence and subject to the following conditions: 1. The proposed walls will be screened year round with vegetation. 2. Walts are to be constructed in accordance with the plans and specifications provided. 3. Landscape plan to be implemented in accordance with the plans and specifications provided. 4. Double, heavy duty silt fence with steel t-posts must be installed along the shoreline tK*x)ughout the duration of the construction process and remain in place until the slope is stabilized and vegetation is established. ___ _____ Pertinent Zoning Ordinance Sections Sec. 78-966. Land Alteration; Prohibited. It is unlawful for any person to build, alter or repair any seawall, retaining wall or otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. Sec. 78-1250. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. Tht following additional evaluation criteria and conditions apply within I FILE#05-3107 11 April 2005 Page 2 of 4 the shoreland overlay district; 1. Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a) The prevention of soil erosion or the possible pollution of public waters, both during and after construction; b) The visibility of structures and other facilities as viewed from public waters is limited; c) The site is adequate for water supply and on-site sewage treatment; and d) The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Sec. 78-1282. Stairways, lifts and laadings. Stairways and lifts are the preferred alteioative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Sec. 78-I286. Topographic alterattoas/gradiag aad filliag. (b.) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. Sec. 7S*12M. Hard cover limitations. a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Ha^hip Documentation Form C. Existing & Proposed Survey D. Project Proposal Plans E. Letter from City Engineer F. Submitted Hardcover Calc latioiu G. Aerial Photo H. Photos I. Before A After Photos from Neighboring Property (similar project) J. Property Ovmers List K. Plat Map BachgroMMl Currently, 825 Tonkawa Road is a vacant property; a new residence is being planned for the site. In conjunction with the construction of the new residence, the homeowner is proposing to remove the existing, rotted wooden stair system and replace this stair with a durable and less visible granite stair system with a re-graded slope and intermittent glacial boulder outcroppings and low boulder walls. These boulder walls and outcroppings are imposed to have significant vegetative screening which will reduce the FILE#05 3107 11 April 2005 Page 3 of 4 i’l visual appearance of the boulders and create a more natural looking slope from the lake. LOT ANALYSIS WORSHEEl l<o( Arca/Widtb: LR-IB Lot Area Lot Width Required 43,560 s.f (1 acre)140 ’ Actual 56,553 s.f. (1.3 acre)106 ’ @ shore 139 ’ @ 75 ’ setback ■ aaaawvTva ^ Hardcover Zone |i« a V OB aoa a a • Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 9,090 s.f.Os.f (0%) 420.5 s.f.* (4.6 %) existing stairs & walls 409 s.f. (4.5 %) Accounting for the stairs, and boulder walls. * After exclusion of fabric or plastic-lined landscape beds Hardcover Setback Variaace City Code 12*1282 allows for the installation of stairs, lifts and landings in the place of major topographic alterations on steep slopes. The nature of the topography on this property’s lake yard is very challenging, and a stair system is necessary for the homeowner to access the lake. The existing cinder block wail, stairs, and landings within the 0*75’ setback zone constitute 4.6% hardcover. The proposed stair system and re-grading of the slope to eliminate the timber wall and replace with short boulder walls will be a minor reduction in hardcover with 4.5%. The proposed stair and boulder wall system when the installed vegetation fully matures will be less visible and more natural looking when viewed from the lake than the existing wooden stair. Hardship Aaalysis In coHsUerlng n/tpUenHoHM for vnHnnce, the Planning ConuniMSion shall consider the effect of the proposed variance npon the health, spfety and welfare of the conununlly, existing and anticipated traffic conditions, light and air, danger of fire, rish to the pnhUc safety, and the effect on values of property In the surrounding area. The Planning Connnisslon shall consider reconunendlng approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of etrcnmstances unique to the Individual property under consideration, and shall reconunend approval only when it Is demonstrated that such actions will be In beeping with the spirit and Intent of the Orono Zoning Code. Staff finds that a hardship exists due to the challenging lakeshore portion of the lot and the need for the hardcover (stairs), justifies granting the variance request for the change in hardcover. FILE«0S-3107 11Aprll2005 Pag«4or4 Coaditfoaal Use Permit Analysis A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site have been made, and are addressed by the following: • The prevention of soil erosion or the possible pollution of public waters, both during and after construction; Steps have been taken to address possible soil erosion during and after construction. • The visibility of structures and other facilities as viewed «'rom public waters is limited; Visibility of the steps and the walls will be minimized by vegetation plantings which will screen the proposed structures. • The site is adequate for water supply and on-site sewage treatment; Not applicable. • The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft; Not applicable. City Engineer, Tom Kellogg, has reviewed the original plan and has provided staff v^th a recommendation (the letter is attached as Exhibit E). Since that time I'om Kellogg and staff met the applicant on site and reviewed several issues. The result of that site meeting is the revis^ proposal attached as Exhibit D2. Issnas for Consideration 1. As the vegetation matures will the walls be screened from views year round? 2. Are there any other issues or concerns with this application? Staff Recommendation Planning Department staff recommends approval of the hardcover variance and conditional use permit contingent on the issuance of a building permit for a new residence^ and subject to the City Engineer’s recommendations. • • •• I : City of Orono /I Variance Application _____ Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax; 952-249-4616 Moiling Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 3iLO Application # Date Received: i/ns Amount Paid; (.^CXD. Staff: _AA u Jc U\)4> , Fee;S600 Renewal: $300 After-the-fact $1,200 Double Fee This application form must be completed in full. Applcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: ftzS (^o€Kci Property Identification Number (PIN): oe ~ ill - 2.3 - / ooo z (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ______□ Yes, I own the adjacent parcels. Present use of property: □ Residential □ Other of Zoning District: 200. APPLICANT INFORMATION: (Complete legal nar.es and marital status required for each interested party) Name: ^ ___________ Phone (home); $:vyAt>i^Phone (we rii^ r^Jr/^ 33^^ Address: 0/ii^ Email: r»*A.4< ft \)*St. gyy At>2 Hij Fax: -743 - ^V$- <>2oV OWNER INFORMATION: (Complete legal names end marital status required for each interested party) Name: Al.c X*//« Al«.re _______________________ Phone (home): 134- ss«? - iz ft 7 Phone (work): "74 3 > WZ - ~ Address: . riKf Email: -F Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional sheets jf necessary): ^L-.< L ______^jiAjt__^ ^ prt0\Jr^-A /“<• «.JC JTI ^ M "/ia^«• S4'^^S A;/(x#4e e^j! _______________________________________ // er'-* “ .■’j' fr * >rO JL t\ ./J REQUIRED SUBMITTAtS: All of the following information must be submitted by the application deadline date In order for your application to be processed. □ VI□iiiliii ffipit^ by a City Plahhe'r? dshipbc^umentation Form Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6'*' Street, Minneapolis, telephone 612-348-5910 signed by a:|^hiBed;.i^urvey^ rneeting all the > requirements hardMver Calculations. Also provide one copy 8.5" x 11" or •O <IBSW^Bll«’nerdggyer calculation (as provided v^in the variance packet).; t □ Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X17* for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5” xiror11 ”x 17 ”). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it untii it is complete or to recommend the request for denial of the request regardless of its potential merit Applicant’s Signature: ^ Applicant’s Signature: Date: Date: 3- l-Z - oS OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigatjjgn and verification^f this request. Owner’s Signature* Owner’s Signature: lab^and verificatioi^ this reques Date: ^ Date: Applicant must have all subnVdals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorize representative attend in place of the applicant and advise the City Planner assigned to your project. I ^ !. < r •* \ “ / '.5 I: Application# Date Received CITY OF ORONO • OiNFRAL LAND USE APPLICATION Amount Paid r 'Z. A»/ PROPERTY LOCATION Site Address M Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT y . Phone (home)__________________Phone(work)___ Address_________________________City________Zip. OWNER (if different than applicants . Name ^^.4- _________________Phone (work)____ __________________City__________ Phone (home) Address 2p. Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES • CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $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 _____,$100.00 Appeals Other - see Fee Schedule' W:"i;;; ■ :jfv v-r ; ■ •Is -;■ 'ii . ik . I . .4 W 3. nr[•t.-•»*v REQUIRED SUBMITTALS 1 2. _____ Co(j0ty O^ Finance, Government’Center, A-603 300 Sbiith O’” ^4\i^h&06WM•59^O). ...*,_ ____ . }C__GWrtiflOitf^p^-S^rv^v. faioned by^. liiferiselJlOfVeyor) - refer to handout for ^ not ^ survey.5. 6.i:iS^ld: euh/ey (eikistini^^'^ if land alterations 7. iiwQimap(:i~|n^^^ 8. 9. name($) df-applicantCs) if not current o|mer(^f^-U n/i ca.fjc pf^ n V__ppqsUi^pn plan, if applicable (see staff for requirements). ___Kk ari-aodeildUm to this application, please attdch a separate list of any o\h& t persons you wish notified of this application. * Ji/thl iVAti YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11“ X 17** OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and ca^ect to the best of his/her knowledge. Applicant's signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Coqqcil members for purposes of investigation and verification of this request. Owner’s signature^Date Applicant must have all submittals into the City offices zS days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. t : Vi I ^ / I *h DATA PRIVACY ADVISORY In accordance 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 wili 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 I 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. Yqur full name is required to process this application or permit. Fire i Last State Zip Phone I undOTtaad my righ^usMbd^bove. Signature -• . •: ■' ; f/lp f. '■ y': K" ♦ M: -7 // t:>i i r;v. Sec. 13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individuai on whom the data is stored or to be stored shall be as set forth In this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) «ny known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the Individual income tax or Drooertv tax refund Instructions Instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the sut^ect of stored data on individuals, and whether it is classified as public, private or confidential. Upon his fu.iher request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individuat has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected, or created. The responsible authority shall provide copies of thq private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made ' pursuant to-this subdivisfon, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual: or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. '44'G /Si r «.* 0(-^ HARDSHIP DOCUMENTATION FORM Page I of3 This form is a required submittai 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." "The plight of the landowner is due to circumstances unique to his property not created by the landowner.” a p . ■'iz. 'The variance, if granted, will not alter the essential character of the locality.” f x/La. lAk.tU.i^KMt*—€ So A* (x* "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." /.«»/-< So A.S -Lo At ^ ri -r (n r ' i i • *i. 6. 7. 8. 9. 10. 11. y- .:Page 2 of 3 k k • V*i “Undue hardship also includes, but is not limKed to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 116J.06, Subd. 2, when In harmony with this Chapter.” ”The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” "The conditions do not apply generally to other land or structures in the district in which said land is located.” "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” ^ ;-v.Xr> / p»-«. »^y> The granting of the proposed variance will not in any way impair health, safet^*^; comfort, morals, or in any other respect be contrary to the intent of the Zoning Code ilk 1 d^CCc.ffl fj [f T’ * 'A ew^>ie< "4* »* 77^ -I s\ / P:¥ Page 3 of3 “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." .4- wr«/^-y ^4% ^ C.C <- f< «» '______________________________—------------------------------- Hardship statement ^ ^ u »•. Should you feel the hardship cannot fully be described in the above criteria, descnbe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements In the following lines (attach additional sheets if necessary): mT < I f •l' - .' • i fn ii? I I-l' ! \ " . « •'V SWMMTCi ROCOVER CALCS ^xisth^q 75-250 AREA « 2Q200SF X 25X • 6550 SI 250+ AREA a 18200SF X 30X « 5460 SF 30 SCALE FEET >0* 5 68^14*22" W 4^^ = EXISTING SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION .... = DIRECTION SURFACE D|<AINAGE 251.00 '6n PROPOSED HARDCOVER AS OF 1/25A)5 BUILDING HOUSE INCLUDING SCREEN PORCH « 2566 DECK (WAS VERANDA) » 202 ENTRY PORCH » 40 GARAGE « 1110 TOTAL BUILDING > 3018 LANDSCAPING DRIVE. CIRCLE. APRON A FRONT PATH- 2303 REMAINING PATIOSWkLKS NOT SHOWN - 239 TOTAL LANSCAPING ■ 2832 TOTAL PROPOSED HARDCOVER « 8550 V ________ fl8«fie>c.4nD PAil/pn*^ V’^X^S.3 \ (961.5 ,0 IHn I I u 965 *\. . „967.W\-v^- \ \\' \£e^> 958.8X\ X986.9 \ * /• T -V X98S. / / / ^ 954 3x' • \\ ^ 964 ------ftl \ f\ \ "•x..X9^9.4 r 1 ■'‘4 -mx ^ ea ^5’03"H' TN965.U BENCHMARK T IP \ ELEV = 965.1 - -A " \ I *■ / X959.1 IB I ( ”957 1X' 'V. — —asa--^ \ \ \ \ V . r:> gravel drive BISSEN-MOREY RESIDENCE Orono, Minnesota 24 January 2005 •.............. . IV. - - - ■ 0 House 1 HARDCOVER CALCS 75-250 AREA » 26200SF 250+ AREA = 18200SF X 25X » 6550 SF X 30% - 5460 SF HOUSE = 3467 PORCH = 208 STEP * 75 , . DECK =* 220 DRIVX= 2400 ^ ' WALKV TOTAL \ 6410 PROPOSED SF SF SF SF SF F DRIVE = 1320 SF (7.2%) , X X(24.5%N d F LOTXa REA) \ A9 SCALE IN FEET = EXISTING SPOT ELEVATION. X(998.0) « PROPOSED SPOT ELEVATION = DIRECTION SURFACE DRAII^AGE NOTE- 4" STABILIZED TOPSOIL AND^SOD \ \ io6^* SJ3V4'22"W » H ..................... ^ \SILT FEtCri \ \ •\ ^-\G gjol 2>A\Jr~K O ' V \^" A'AV iH pROPOScO S V .>J/ /v- 1961.5 lO Wc^ p \ drive y y'X962:9^I * *< H X(965;5) I / 966 &LT FENCE / L!' \' / \ % V \ \ \ V 'K \ I I i-oy V. I. » \ \ lxM6.9 \ I___ V 958.8X,\ / f t V ■XV \ \ X9p5. fy^'37.82 _______- — m. N. \ ) ‘X 1+?._____964 }___,Q.----------'-----O *V^ I 3ITOAK ■?------------7<o / •S’ 68°/5'08"iy \ \ \ \ f\ \ \ \\ X959.1 ____958^xy ?• ■ggS ^.^UJfOciloao . z5fO ^ UJ ID (O O) : ’X \ (960.8 *8 “' \ TN965.13 BENCHMARK T IP ELEV = 965.1 ^ »71 ^ — r 9t,7 Ilf' J. /\ PROPOSED ELEVATIONS GARAGE FL00R=968.0 TOP OF FOUNDATION =968.3 LOWEST FL00R=958.5 \----------------- ^ '*»._'V' %\ DESCRIPTION: \_- Part of lots i and 2. x959|6 ^D. SUBD. NO. 217, HENN. 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V, ,./ f- %,,-i -- * 5i^A:wmc :$ea?:6p..:::"' ^ZTMoC. \? « % . -> /> ^c • ■li r L> ^ ( • ■ f* r%t < * -T-J :L- •’‘‘I ,li!i •• .1 :.4H p,ii 1^ 1 ! , - S ns:p^.0^ ,*• • \ 1 V? \ \ / / r»’i/?v 4.^' mtr^st^as O. - _ o* f * 'i iV'- P-^^yiiili^ Ji“‘■•' -i.. r/- ‘. ='-.v.v . - :..... . A .. .. r- wl ■; > . ’>=',■.■ .s»■? !>' , ■K"' ; ’i* ^ V/-- ■? J74*T^, v'^''^il >1. i<!iii X:fei I''M-> _ «M.- -::zin> i ?i|'. i'Ui; 1 .' 5 i r-nrrr f m 'ii n I Sc I': ' ' ' fp i^Bonestroo ^{iWosene m^Anderiik& ^\|| AssodaCes Engineeri 4 Architects 2335 Ml/test Highway 36 • St. Paul. MN 55113 Orrice; 65I-636-4600 • Fax: 65I-636-I3II wwwixxiestroo.com March 31.2005 Ms. Melanie Curtis Planner City of Orono Post Oflice Box 66 Crystal Bay. MN 55323 825 Tonkawa Road File No. 139-O5-O0C Plat No. 05-3107 Dear Melanie: We have reviewed the site plans for the proposed improvements to 825 Tonkawa Road. The site improvements include the removal and replacement of the existing steps to the lake. The plans propose to install granite stairs in combination with boulder retaining walls. We have the following comments with regards to engineering matters: • The existing survey shows stairs without any retaining walls. It appears that the proposed retaining walls are unnecessary and will generally give the appearance of an extremely tall wall when viewed from the lake. We recommend that the proposed plans be revised to eliminate the retaining walls. • The revised plans should include a detailed erosion and sediment control plan. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK A ASSOCIATES. INC. /<n^ Tom Kellogg Cc: Greg Gappa, City of Orono y< • St. Paul. St. Cloud. Rochester. Willmar, MN • Milwaukee, Wl • Chicago, IL AfflmuNlv* Actlon/CAuaf Opporcunlt|f Cmployvf Mipleyv* Owned APR 15,2005 09:51 7635450204 2S0<S00' 500<1000' HARDCOVER CAlXnJLATION WORKSHEET SETBACK ZONEt ^CIRCLEONE) WC HAWDCOVBKIW gOWr. 0-75'75-250' Lm(A Bi Oara^t* C. Driveway D. I^^lk tl. FmMJeek 00mm • F. Ludicapc UndoHain By PItttlio 1DTAI. IIARDCOVRR IN yONR TOTAL FROPPATV AH«A IN TONKA vaa< J 19 I • Ivl. A. Home tMiflh It. OMWie C. Driveway D. Sidewalk E. PMin^k F. LaadMaya Underlain By FlaMic fjJf ••a* •#»«»• m I TO rAL HARDCOVER IN ZONE PI A TOTAL PROPERTY AREA IN ZONE % X X X X X X X X X X n B ^ B X M X X X X X X X X X X ♦ B »a«»*»« •••• i • »R»dll|| • • • • • •• mmt tnl;: X100 “ X lOO '• WiMi ■n XlOO -i S.F. S.F. S.F. 31*. S.F. S.F. 51. 230 .. s.r. S.K. S.F. S.F. S.F. S.F. S.F. 90 S.F. m'-s^..S.F. A ..51. B % S.F. c.r. S.F. S.F. S.H. S.F. S.F. S.F. 5.F. S.F. S.F. S.F. S.F. S.F. 2^1 s.r. 'TSii' X'£^y S.F. A S F. 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'* - -i 'v .v'l-^' > r •/.■« ' • V-■>' . ••- • '^ • • 1^ ^ - T A\. ^ •» ■ J ■ , » / ' ^. •: - ;?• ■=:&' :.-.l * *» • \\ \ “•r- j2 - Ai,, !A^' ^ • i-, -i>^g''^;'-£f'-.v<fE?/* ^ ■. » •'M’-^'v '. r* - •• 4 ^ r >t;iH Wi« ) wtm. •' . ■sr^ ■ ■' • ^. -"i^-7$^ ■■ ' ;. - l ‘ •'?-“ Vl« .♦ * •A ^ \A.. kUNOATCramnoos HENNEPIN COUNTY PROPERTY INFORMATION SYSTCM PROPERTY OWNERS LIST )• 05II7233400M PROPAODR 770 TONKAWA RD OWNERNAME TS*SJOKERSTROM TAXPAYER THOMAS S* SUSAN J OKERSTROM NAMWAOOR 770TONKAWARD LONOLAKEMN SS3SS 31 0511723340009 PROPAODR 774 TONKAWARO OWNERNAME BLNADEAUJR&NLNAOEAU TAXPAYER BERNARD L NADEAU JR NAME/AODR 774 TONKAWA RO LONOLAKEMN SS3S6 38 0511723340010 PROP ADDR 780 TONKAWA RD OWNERNAME TRATJHAUOAN ' TA3CPAYER TODD R ft TERESA i HAUGAN NAME/AODR 780 TONKAWA RO LONOLAKEMN 55356 38 0511723340012 PROPAODR 8SS PARTENWOODU OWNERNAME SHAIKH ASM OUL TAXPAYER SHAKHASMOUL NAME/AODR I5S PARTENWOOD LA LONOLAKEMN S53S6 38 0511723340013 PROPAODR 875 PARTENWOOD LA OWNERNAME JPftEKBECHOOL TAJCPAYER JOHN P ft ELIZABETH K BECHDOL • NAME/AODR 875 PARTENWOOD LA LONOLAKEMN 55356 PROPAODR OWNERNAME TAJCPAYER NAME/AODR 38 0811723210001 801 TONKAWA RD DRPOMUEftJPOMUE i. . 1 ■' DAVIDRPOMUE . . SOI TONKAWA RO f I LONOLAKEMN 55356 • 9^ i 38 Oil 1723210002 PROPAODR nSTONKAWARO OWNERNAME S RBBSENftM RMOREY TAXPAYER SCOTT BBSENMICHELLE MOREY NAME/AODR 16025 36THPLN PLYMOUTH MN 55446 % •9 .-PROPAODR f OWNERNAME TAXPAYER NAME/AODR 38 0811723210003 847 TONKAWA RO D VAILLANT ft S VAILLANT DENNIS VAILLANT 10 ECHO BAY DR TONKA BAY MN 55331 PROPAODR OWNERNAME TAJCPAYER NAME/ADDR 38 08II7232I00I0 f f 925 PARTENWOOD RD ' * MARYJANESAFAR MARYJANESAFAR 925PARTENW(X>DRO LONOLAKEMN 55356 > . ft 38 08II7232I00II PROPAODR 31 ADDRESS UNASSIONED OWNERNAME MARY JANE SAFAR TAXPAYER MARY JANE SAFAR 925 PARTENWOOD RO LONOLAKEMN 55356 PROPAODR OWNER NAME NAME/AODR % TAXPAYER V'-'Tt NAME/AODR s 38 081I7232I00II 875 TONKAWA RD APRICHIEftMARICHIE A P RICHIE ft M A RICHIE 450HICHCROFTRD WAYZATAMN 55391 PROPAODR OWNERNAME TAXPAYER NAME/AODR 31 0III7232I00I9 895 TONKAWA RO A P RICHIE ft M A RICHIE APRICHIEftMARICHIE 450 HlOHCrROFT RD WAYZATAMN 55391 14? ■ I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INF(»MAI10N AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPAR”----------------------- OF MY KNOWLEDGE AND BELIEF. -a/7^rB3/22/<25ByDAT! >•. i’'• r ^'t'•■;iJ■■i'^ .•>.i; V ■' ■ l.i___^.l Hennepin'County ^ ^ V n fiAnartmAAt »‘ •j >? I \ , . . .sr -v.-. , L*: -.** w-w .• V' -J* ' -S’.' Jixfiayer Services Department /•r.: ■ r •♦• (.\'I r-P - .:i Pwc^l infommUon ■■ • liV . «;•= .2 / rami ID M1172321 Homm Numbar 828 etmt Naaia TONKAWA RD -•r■ s... *v »• • . • TNi ItffotBhgaHymudmtirmfi. Hnpnmntt a compUaHon of infonnation and data from Ql/, Cauniy.andStatamadaulhoritiaaandotharaourcas. cnn»'^'i **r:cTiNGREQUEST FOR COUNCIL ACTION MAY 9 2005 DATE: May 9,2005 ^C^rv OF ORONO ITEM NO. Department Approval: NaoM Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: •). Public Services Director's Report Item Description: Change Order #2, Lee Carlson Baseball Field-Trail Project This change order is to pave the access road to the baseball fields in order to correct an erosion problem as a result of the trail construction that was completed last year. This trail connects the Three Rivers Park District regional trail along Old Crystal Bay Road to the Willow View development trail along the south side of County Road 6. This trail is being funded utilizing Municipal State Aid Funds and Hennepin County Cost Sharing Funds for trails located along County Highways. This trail is located adjacent to the existing gravel baseball fields access road and there is erosion of the aggregate surface on the access road. The access road water used to drain into a ditch along the road, but because of site constraints the trail needed to be constructed directly adjacent to the access road with a concrete curb and gutter installed. The water draining off the access road is not flowing into the gutter: instead it is eroding the aggregate base and flowing downhill next to the concrete gutter. Normally, curb and gutter is installed on paved roads and this problem would not occur. When this trail was originally designed we did have some concerns about erosion problems from using curb and gutter on a gravel road, but thought K may work okay and saved money by not paving the access road. Now that there are erosion problems in order to correct this situation the access road needs to be paved. We have reviewed the information submitted by the City's engineering firm and recommend approval of this change order in the amount of $22,498.32 to pave the baseball field access driveway to correct an erosion problem. The costs for this trail project are being reimbursed to the City from Municipal State Aid Funds and Hennepin County Cost Sharing Funds for trail construction. The project funding agreement was based on an estimated construction cost of $123,700. The $59,802.70 project bid price received was lower than expected, so there are adequate State Aid and Hennepin County Funds available to complete this work. Approval for this change order has been obtained from both MNDOT State Aid and Hennepin County. COUNCIL ACTION REQUESTED: Motion to approve Change Order Number 2, Lee Carlson Baseball Field Trail Project for DMJ Contracting, Medina Minnesota in the amount of $22,498.32 to be funded from the 2005 Municipal State Aid Fund Budget with approval of a budget adjustment to reflect this expenditure. I 1 I il ;1 Bontstroo Roscne AndcrWcA Associates Owner CityofOrooo.P.O.Box46.Orono.MN SS323 Dale Mav2.200S Contraelon DMJ Cotporalion, 2392 Pioneer Trail. Hamel. MN SS340 Bond Co.: Ueilad Fira end Cisualty Co. OA). PO Box 73909 Cedar Rapids. lA. S2407 Bond No: 54-145242 Contrador AddfOM: MINNESOTA DEPARTMENT OF TRANSPORTATION MINOR EXTRA WORK ORDER NO. 1 LEE CARLSON BALLFIELD TRAIL BRA FILE NO. 000139-03126-0 OMJ Corpofatton W. O. No. 1 S. A P. No. 152-090-012392 PtoneerTnl p, p. nq. Hairat,MN 99340 ContoaciNo. JobLocaton: CR9ftrofflapprex.eSOtaeteastorioapprox. 1387 feet east of OM Crystal Bay Road. Peseripriaii nf Wnrh MINOR EXTRA WORK ORDER NO. 1: I® accofdiBce with Standard Spcclflcatioa 1103 aad 1403, you are hereby authored and instructed to do the work described herein. The fii^ bail alignment and asaociated cuib was located adjacent to the ball paik access road to meet state aid guidelines for honiontal trail alignments and also to eliminate wetland impacts The final trail/cuib construction has resulted in an erosion problem in the gravel roadway adjacent to the ctub. After reviewing topognq>hy and drainage, the Pngint.^ has determined that it is in the City's best interest to install a paved surfiice on the ballparic road. The Conbaebw will pave the ballpark road fiom station OKX) to sUtionS-t-SO and as directed by the Engineer. The existing aggregate base is ad^uate and only reqiured shaping and compacting. The bituminous section shall consist of 2” of type 31 Base and 1 1/2* of Type 41 Wear. Payment shall be at foe unit prices shown below: Item 1 2 3 CHAWS <»DBR NO. 2 SUBORADB FRBPAltATION BCTUMINOUS WEAR COURSE, TYTO 41 TYTOSl BITUMINOUS BASE COURSE TOTAL CHANGE ORDER NO. 2: Unit contract Qnaatity VmH Price Total RDSTA S233J9 $2,000.82 TN 200 S4SJS $9,110.00 TN 250 S43J3 $IUS7J0 S22.49SJ2 Recommended for Approval by: BONESTROO, ROraME, ANDBRUK ASSOCIATES, INC. DaU: Approved by Owner CITY OF ORONO ASSISTANT DISTRICT ENGINEER Decs S2JJH.lt ec: Ommt Bondiog Company iJ REQUEST FOR COUNCIL ACTION COI'm^h MAY 9 2005 ITEM NO. Dcpartacat Approval: Nanc Oregoiy A. Gappa THIc Director of Public Services Adniaistrator Reviewed: Agenda Section: Public Services Director's Report -Hem Detcription: Accept Quotations 920 South Brown Road Sewer Extension The property owner of920 South Brown Road has requested sanitary sewer because of inadequate sites for the installation of a new septic system. This is an existing developed property that is within the MUSA. The property owner has requested a City project to extend sewer service to the property and has signed an assessment waiver agreeing to be assessed for the costs to complete the project. The sewer extension project is to directioiuil bore 700 feet of sewer forcemain south along South Brown Road from the existing Webber Hills Area pressure sewer system. Plans and specifications have been completed, and we have sent a Request for Quotations to three directional boring contractors that have previously completed City projects. The estimated construction cost for this project is less ^an $50,000, so the solicitation of quotations is an acceptable method to select a contractor to complete this project. A tabulation of the quotations received is shown below. EJ Mayer's Inc., Corcoran, Minnesota Red Pederson Utilities, Hopkins Minnesota MitmComm Utility Construction, Mora Mirmesota $10,402.60 $13,305.25 $24,075.00 We are reconunending acceptance of the quotation from EJ Mayer's Inc., Corcoran, Minnesota. There is an adequate cash balance in the Sewer Fund to pay for this project, and our recommendation is to fund this project from the Sewer Fund and the project assessment revenues then go into the Sewer Fund. COUNCIL ACTION REQUESTED Motion to accept the quotation in the amount $ 10,402.60 from EJ Mayer's Inc. Corcoran, Minnesota for completion of the 920 South Brown Road Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. I r* •o _J • I X \— ID I o • I__ (/) V FOX STRE \ :=?s—n rPl X STRE 1 m • v.^ • • o‘< .A /St' ^ ■r<^ S'.'............ '.jZ\"'if^r:. ■■.. IBI ' £i>-vv^kv ■ •■ 1:-'' o^;v ES.V ;:/••.■ “ • ;• ^ ••. x ‘ ■ . •■ • - •:. *• ?••< . • 1 5 ^ - •; r •. A 1il REQUEST FOR COUNCIL ACTION Oot MAT 9 2005 DATE: May 9,2005 CITY OF ORONO ITEM NO: /3 Department Approval: ^ 1/ J Adndnbtrator Reviewed: Agenda Section: Name Tom Kuehn City Administrator's Report Title Finance Director Item Description: 2004 General and Special Revenue Funds Budget Amendments and Temporary Loans General Fund Budget Amendments The total General Fund revenues for 2004 are $4,922,638, compared to total expenditures of $4,674,533. Total revenues exceeded total expenditures for the year by $248,105, and the fund balance increased from $2,235,331 on 12/31/03, to $2,442,393 on 12/31/04, or an increase of 9.2%. The fund balance of the General Fund at 12/31/04 is 47.5% of the 2005 General Fund expcndu'.«re budget. This is on target with the desired year-end fund balance level of 45% of the budget. 1. General fund Revenues The year-end revenue for the General Fund is $4,922,638, compared to the budget of $4,685,790, a favorable variance of $236,848. Real estate tax collections were at nearly 100% in 2004, except for the loss of the state market value homestead credit. Charges for plan check and site exam fees, and conditional use, subdivision and variance fees exceeded the estimated revenues in 2004 by $87,088. Court fines were $40,172 greater than budgeted. Contracted inspection services revenue exceeded the estimated amount by $27,614. The various grants and aids received were $36,540 over the anticipated amounts. 2. General Fund Expenditures The General Fund operating expenditures at year end are $4,674,533, compared to the budget of $4,701,490, which is $26,957 under budget, or .6%. It is not necessary to increase the total budget, however, tiicre are several departments which require amendments to their expenditure budgets. The following is a listing of those departments which require budget amendments due to expenditures exceeding budgeted amounts, and those departments with expenditures significantly below budgeted amounts. (Only departments with budget amendments arc listed, and total the amount indicated at the bottom of the Amendment column). 1i i \ Department Elections i Assessing Legal Central Services Police Protection Fire Protection Building and Zoning Public Worics Parks & Recreation Engineering Recycling Special Services-Land Use Contingency Approved Budget 13,210 117.000 81,000 208,080 2,048,180 380.000 507,960 485,490 64,610 10,570 90,380 44.000 30.000 Amendment $ 2,620 (5,000) (5.000) 26,000 6,520 49,150 (15.000) (90.000) 3,000 1,030 (10.000) 45,680 f9.0001 Final Amended Budget S 15,830 112,000 76.000 234,080 2,054,700 429,150 492,960 395,490 67,610 11,600 80,380 89,680 21.000 Total General Fund S 4.701.490 S -0-S 4.701.490 A brief explanation of the significant overages follows: Central Services The amendment is to fund higher than anticipated costs for office equipment maintenance, janitorial services, buildings and grounds maintenance, and equipment rental. Fire Protection The costs of operating and maintaining the new Navarre fire station were not a factor prior to 2004 and the amount included for the operation and maintenance of the new fire station was minimal. It is anticipated that the 2005 budget will much more closely match the expenditures. Special Services The amendment is required for the land use portion to fund greater than anticipated costs for engineering and legal ser\'ices associated with land use applications. These costs are offset by reimbursements from the applicants to the extent they exceed the application fees collected. Special Revenic Fuids Budget Ameadmeuts The Special Revenue Funds consist of the Park Fund, the Improvement and Equipment Outlay Fund, the Community Investment Fund, the Drug/Fclony Forfeiture Fund, the Affordable Housing Grant/Loan Fund, the Lurton Park Fund, and the Senior Housing TIF Fund, which was added at the beginning of 2(X)4. Funds requiring expenditure budget amendments are the Felony Forfeiture, the Lurton Park, and the Senior Housing TIF Fund. The revenue budgets of the Special Revenue Funds should be adjusted to reflect higher than anticipated revenues, as follows: Drug/Felonv Forfeiture Fund This fund typically has no revenue or expenditures budgeted as the amount of either is subject to wide fluctuation. The revenue budget requires adjustments 1 J \ for 2004 for special fines, $50; forfeiture collections through the sale of forfeited equipment, $34,640; and interest income from the investment pool of $1,150. Lurtun Park Fund This fund was established to account for the proceeds of the sale of a portion of the property donated to the City by the Lurton family. The State of Minnesota acquired a portion of the property for right-of-way needs related to the Highway 12 upgrade project. The revenue budget for sale of land requires an increase of $461,600; and the interest income revenue budget requires an increase of $10,680. Senior Housing TIP Fund This fund accounts for the collection of the increment portion of real estate taxes and the forwarding of those taxes for the payment of debt related to the senior housing project on highway 12. The amendment is for real estate taxes, $53,275. The following are the amendments to the expenditure budgets of the Special Revenue Funds: Special Revenue Fuads Budget Amendment Improvement and Equipment Outlay Fund: Tractor Mower and Sweeper $ 150.0001 The funds related to the expenditure budget decrease will be carried over to budget year 2005 because this equipment will not be received until 2005. Dmg/Felony Forfeiture Fund: An expenditure amendment is required to fund the expenses incurred related to legal, advertising items for sale, and other miscellaneous expenses, in the amount of $300. Lurton Park Fund: Professional services Other charges Total budget amendments $ 9,330 16.100 $ 25.430 The budget amendments are for legal, appraisal and rental costs related to the sale of the land. Senior Housing TIF Fund: The expenditure amendment is required to reflect the forw arding of tax collections for the payment of debt serv ice related to the senior housing bonds, $24,080, and consulting services, $650. Tempornrv join: During 2004 the City was involved in several projects which qualifv for municipal state aid. These projects included the Fox Street bridge replacement and the Lee Carlson ballfield trail, among others. The City will be receiving state aids for some or all the costs involved with these projects, but the Municipal State Aid Fund requires a loan of $115,000 from the General Fund to fund a temporary cash deficit. COUNCIL ACTION REQUESTED: Approval of the 2004 budget amendments for the General and Special Revenue Funds as presented, and the temporary loan of $115,000 from the General Fund to the Municipal State Aid Fund, effective December 31,2004. 'em(U \Woi4 Ndkcf Mnmn Cnumi httmitynry F i I DATE: May 6,2005 ITEM NO: /</ REQUEST FOR COUNCIL ACTION m 9 2005 CITY OF ORONO Departmcat Approval: Nanc Ronald J. Moone Title City Administrator AdministratonRcviewcd: Item Dcscriptioa : Cooperative Agreement Park RMge Acres Development in Medina Agenda Section: City Administrator ’s Report arding the Roadway Planned to Serve the The Paric Ridge Acres development in Medina includes the construction of a roadway to serve both the planned Park Ridge Acres subdivision and four properties in Orono. Because a portion of the roadway is in Orono, an agreement is needed to clarify and document a number of issues between the Cities of Orono and Medina. A draft agreement is attached for Council review. The agreement calls for Medina to be responsible for 100% of the costs of constructing the roadway and associated utilities. It also enables Medina to construct the roadway and utilities on the City of Orono right-of-way that was platted to enable the roadway to serve the four properties in Orono. The agreement also calls for Medina to collect funds from the new development to pay a portion of the costs of improvements which may be required for Townline Road. It also calls for Orono to agree to take no action to restrict access to the development from Townline Road. The City ’s approval of an agreement with Medina is subject to the outcome of the City’s current efforts related to addressing its concerns regarding the density of the Park Ridge Acres development. COUNCIL ACTION REQUESTED Provide feedback to staff regarding the agreement No formal action required at this time. = .“V-* ‘ ‘a-A* i M I •. T- 1; ' i i I I. w JOINT AND COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND THE CITY OF ORONO THIS AGREEMENT, is made and entered into as of the day of y 2005 by and between-the city-of Medina, a Minnesota municipal corporation (“Medina"), and the city of Orono, a Minnesota municipal corporation (“Orono"). RECITALS I. This Agreement is made pursuant to Minnesota Statutes, section 471.59. Medina and Orono arc each authorized by law to carry out numerous governmental functions within their respective corporate limits, including the construction, operation and maintenance of public streets and roadways, sanitary sewer facilities and municipal water utilities. The purpose of this Agreement is to provide for the construction by Medina of certain public improvements needed in connection with the development of land located in Medina but also providing access to certain land in Orono. 2. Medina and Orono share a common border along the southern corporate limits of Medina and the northern corporate limits of Orono. That portion of the common border subject to this Agreement is located southwest of U.S. Highway 12. 3. Medina anticipates that residential development will occur along the common border with Orono in the area of Medina which has been platted as “Park Ridge Acres" (the “Development"). 4. The Development will necessitate the construction of certain public improvements, including roadways, sanitary sewer, storm sewer and water utilities, (collectively, the “Local Improvements"). M^ina intends to construct the Local Improvements to serve the Development and will require that the developer reimburse all or a portion of the cost thereof. 5. It is contemplated that the Local Improvements serving the Development will include a street right-of-way platted as “Spruce Way." It is necessary and convenient for a portion of Spruce Way and associated sanitary sewer, storm sewer and water utilities to be located in Spruce Way to be extended onto land lying within the corporate limits of Orono as shown in Exhibit A (the “Orono Property"). 6. In order to accommodate the extension of Spruce Way and the sanitary sewer, storm sewer and water utilities to be located in Spruce Way, Orono has approved and will file with Hennepin County a road right-of-way plat memorializing a right-of-way over the Orono Property. ajv-as9M9*] Me2JO-3l2 ------------- L 7. Medina and Orono intend that the Local Improvements will be constructed in a manner that is in the mutual interests of both communities. The need to construct the Local Improvements as contemplated herein is primarily the result of the Development and certain planned improvements by the Minnesota department of transportation to U.S. Highway 12. Due to the closure of an existing access onto U.S. Highway 12, four properties in Orono will utilize the portion of Spruce Way located in Orono via private driveways for ingress and egress purposes. NOV' therefore, in consideration of the mutual covenants hereinafter contained, —the parties-hereto do stipulate and agree as follows:-------------------------------------------- - I. LOCAL IMPROVEMENTS 1.1 Plans and Specifications . Upon the execution of this Agreement, Medina will proceed with the preparation of plans and specifications for construction of the Local Improvements including all necessary design and engineering work. The plans shall include the roadways and all utility lines that will be constructed within the rights-of-way in Medina and Orono pursuant to this Agreement for the benefit of the Development and the Orono Property. Upon completion, a copy of such plans and specifications will be provided to Orono. 1.2 Road Right-of-Wav Plat. Upon execution of this Agreement, Orono will promptly proceed with filing of a road right-of-way plat over the Orono Property for the purposes contemplated by this Agreement. Upon completion of such right-of-way platting process, Orono will provide a filed copy of the plat to Medina. Medina may award a contract for construction of the Local Improvements after receipt of a filed copy of the road right-of-way plat. 1.3 Construction Warranty and Insurance. Any contract for construction of the Local Improvements over the Orono Property must contain a standard warranty of work that runs to Orono, and must also contain insurance coverages running in favor of Orono in the amount normally required by Orono on similar projects. Medina will coordinate with Orono and the owners of the Orono Property to keep them informed and updated on construction activities. 1.4 Project Costs and Permits. Except with regard to the Orono right-of-way plat, Medina shall be responsible for 100% of the cost of constructing the Local Improvements including the cost of all permits from applicable state agencies. Orono shall cooperate, as necessary, in any applications. l.S Inspections. Medina will be responsible for the construction management of the Local Improvements, including necessary inspections. Medina shall provide Orono with a construction timetable at the beginning of the project and any revisions to the schedule. Orono may inspect the project at any time. 1.6 Acceptance Upon Completion . Upon completion of the Local Improvements in accordance with the plans and specifications, Medina shall deliver to Orono a complete set of fUV-2$M6«v] MBXI-JI] > i 4 I final record plans. Orono shall accept that portion of Spruce Way lying on the Orono Property. Such acceptance shall constitute a full release and satisfaction of Medina ’s obligations under this Agreement to construct the Local Improvements on the Orono Property but Medina shall retain ownership of the Local Improvements located on the Orono Property regardless of their extension into Orono. 1.7 Maintenance of Local Improvements. Medina and Orono have historically co­ operated with one another on an informal basis regarding maintenance of public improvements near their respective corporate limits and expect to do the same regarding the Local Improvements. II. RIGHT OF ENTRY 2.1 Right of Entry. Orono hereby grants to Medina, its agents, employees, contractors and invitees the right to enter upon the Orono Property for the purpose of making surveys, inspections, investigations, soil borings, drilling, and testing relative to construction of the Local Improvements, and for construction of the Local Improvements on portions of the Orono Property. 2.2 Consideration . In consideration for the right of entry, Medina agrees to: (a) Notify Orono and the owners of the Orono Property of the date and time that woric on the Orono Property by Medina will commence under this Agreement, which notice shall be at least three days prior to doing any work on the Orono Property; (b) Provide a copy of all test results, surveys and reports prepared by their employees or consultants evaluating the conditions present on the Orono Property to Orono as soon as reasonably possible following final completion thereof; (c) Do the work in a period of time no longer than is reasonably necessary to complete such activities authorized under this Agreement; (d) Use the Orono Property only for the purposes described herein and not park or store any equipment on the Orono Property, except during the limited periods of time when the work on the Orono Property which is contemplated by this Agreement is actually in progress; (e) Do no unnecessary damage to the Orono Property; (f) Hold Orono harmless from and indemnify it from any and all claims, damages, judgments or obligations, including the cost of defense of suit, arising out of damage to Orono Property or arising out of injury to anyone incurred or alleged to have been incurred in connection with or as a result of any work done pursuant to this Agreement, or as a result of Medina ’s intentional torts or negligence. Notwithstanding the foregoing, Medina shall not be responsible for the submission or application for further investigation or feasibility analysis of the proper methods of removal, treatment or disposal of any aJV-2$9469v} Mli2)0-JI2 pollutants, contaminants or hazardous substances present on the Orono Property, or for the removal, treatment or disposal of any pollutants, contaminants or hazardous substances present on the Orono Property, it being the sole responsibility of Orono or the owners of the Orono Property to perform these tasks if required; and (g) Medina or its agents, employees, contractors or invitees who enter the Orono Property pursuant to this Agreement shall carry insurance during the time any work is done on the Orono Property in accordance with the limits provided by statute and/or in accordaiKe with standard LMCIT coverages. III. TOWNLINE ROAD 3.1. Access to the Development and to the four Orono properties to be served by Spruce Way will be by means of Townline Road. Townline Road is in poor condition and will likely need improvement or reconstruction in the future. It is not possible to establish at this time the most equitable method to apportion the cost of future improvements to Townline Road among the benefited properties, including properties located in Medina, Orono and Indeperulence. Factors v^ch make such a determirution impossible now include the nature and extent of the improvements, their timing, whether the connection between Townline Road and U.S. Highway 12 has been at least partially restored and the number of then-existing properties in Orono and Independence gaining access via Townline Road. Medina and Orono agree to co ­ operate with one another in establishing the nature and timing of any improvements to Townline Road and to wwk together to establish an equitable method to fund such improvements at that time. As a show of good fiuth, Medina agrees to collect and escrow funds on the lots within the Development are sold. In return, Orono agrees to take no action now or in the future to restrict access to the Development from the portion of Townline Road in Orono. IV. MISCELLANEOUS 4.1 Governing Law . This Agreement shall be interpreted in accordance vtnth the laws of Miruiesota. 4.2 Noticea and Demands . All notices, demands or other communications under this Agreement shall be effective only if made in writing and shall be sufficiently given and deemed given ^en delivered personally or mailed by certified mail, return receipt requested, postage prepaid, properly addressed as follows: If to Medina:Chad Adams, City Administrator 2052 County Road 24 Medina, Mirmesota 55340-9790 1, . ? *€» * IUV-25fM9v3 M62I0>)I2 A ) i With a cojsy to:Ronald H. Batty Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, Minnesota SS402 IftoOrono:Ronald Moorse, City Administrator POBox66 Orono, Minnesota 55323*0066 -With Copy to^-Tom Barrett City Attorney 222 South 9''’ Street Suite 3100 Minneapolis, Minnesota 55402-3389 or to such other persons as the parties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section 4.2. 4.3 Indemnification. Medina agrees to indemnify, defend and save harmless Orono, its officers, agents and employees, from any claims or causes of action, of whatever nature, occasioned by or arising out of Medina’s activities under this Agreement, including without limitation, construction of the Local Improvements on the Orono Property. Orono agrees to indemnify, defend and save harmless Medina, its officers, agents and employees, from any claim or cause of action, of whatever nature occasioned by or arising out of Orono’s activities under this Agreement including, without limitation, filing the road right-of-way plat for the Orono Property. Such undertakings shall not extend to acts that are the result of the intentional or negligent conduct of the other party, nor shall such undertakings be deemed to waive any limitation of liability available to either party. 4.4 Amendment. This Agreement may be amended by the parties hereto only by written instrument executed with the same procedures and formality as were followed in the execution of this Agreement. IN WITNESS WHEREOF, and pursuant to authorization of their respective city councils, the cities of Medina and Orono have entered into this Agreement as of the day and year first above written. CITY OF MEDINA CITY OF ORONO Mayor Mayor City Administrator-Clerk City Administrator-Clerk mvisMivi Me2JS-}l2 • atr vta ^ ear* AAma ji i [ 4 mV-lSMMv) ME2J»-li2 PepicttoB of Orono Property [to be attached prior to execution] < ■ r ■ ■V:, • ', ••..»■ . ••• .• V i •• "V jm-:(*' ■r^ J • '• ■ • r ■ •'•• • -^\-T ■ '■ - • — ■ %*• r-i. ■ ■.Mm A-1 ‘•-'^---------I>h3Si^ >•; Exhibit A t i : J DATE: May 9,2005 REQUEST FOR COUNCIL ACTION ITEM NO:in Dcpartncat Approval: NaaM Ronald J. Moone Title City Administrator Admintetrator Reviewed: ■ten DcseripdoB Appoiatmeat of Golf (foarse Seasoaal Employees Agenda Section: City Administrator ’s Report Ron Steffenhagen, the Golf Course Superintendent, is recommending three new hires for the Golf Course. These new hires are to replace three employees who worked at the Golf Course in past years, but who will either not be returning this year, or will be returning for very limited hours. The new employees will start at the entry pay rate of $8.10 per hour. Seasonal employees are hired under one of two provisions of the PERA earnings rules. Lloyd Schneider and Tom Jones will be hired under the PERA 6-month rule which allows unlimited earnings for a 6-month maximum time period. As a high school student, Philip Eidom is not subject to the PERA earnings rules. LIST OF SEASONAL GOLF COURSE EMPLOYEES Emalevee 2005 Hoarlv Wane Rate Lloyd Schneider Tom Jones Philip Eidom $8.10 $8.10 $8.10 COUNCIL ACnON REQUESTED: Motion to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. ' f ,-“*.1 Is ' ^■ ■■ •r •: ;. •" -.'r ' ' •••.•‘■V ■ * • *. . .'-it S. V ■ ' • v"' •: r. ■ ■■■ ■, " V' ; ) r ••r-rr-riMQ REQUEST FOR COUNCIL ACTION MAY 9 2005 DATE: May 6,2005 CITY OF ORONO ITEM NO: DqNirtncat Approval: Name Lin Vee TtUc CityCkrk AdnUnlBirator Reviewed: Jtem Dncriptioii;. List of Licenses foo^ounci I Approval Agenda Section: Licenses SPECIAL EVENT PERMIT 1. Applicant: Event: Location: Date: Time: Bill and Kristi Anderson Block Party with Music 1408 Baldur Park Road Saturday, May 14,2005 7:00 p.m. - Midnight 2. Applicant: Event: Iu)cation: Date: Time:i Dennis Nelson Wednesday Evening Bassin’ - Bass Fishing Tournament Wayzata Marine - Maxwell Bay. June 8, June 22, July 6, July 27, August 17, August 24, September 7, and September 14,2005 4:30 p.m. - Sunset, Wednesdays COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses, with conditions if desired. ■■■ 1 CITY OF ORONO SPECIAL EVENT PERMIT Dntc Ifsucd: Date of Event: May 9,2005 Saturday, May 14,2005 Type of Event: Time: locoildn of Evii^: Block Party with Music 7:00 p.m. - Midnight 1408 Baldur Pa^k RdacT Name of Person(s) And/or Organlutlon Sponsoring this Event: Bili and Kristi Anderson 0^ Phone: 1408 Baldur Park Road Wayzata, MN 55391 952-471-0608 The following documents are required and on file at the City Administrative Orfices: • Approval from Orono Police Department • Approval from Orono Building and 2U>ning Department The following conditions have been placed on this event: • 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 permit, agrees to indemnify and hold harmless the City of Orono from all claims arising from said event The 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 danuige to person or property arising from the exercise of privileges granted by this permit and apees to hold hamiless the City of Orono, its employees and oflicers from any such claim. • The Orono Police Department and its oflicers are empowered to revoke this special event permit at any time for any safety concerns that are r»t immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this permit. • Parking drauld be limited to one side of Baldur Park Road. A clear traflic lane must be maintained. • Amplified tmisic must end by Midnight on Saturday, May 14,2005. Police reserve the right to end the music if the sound becomes unmanageable and/or creates too many complaints and/or is deemed excessive. Excessive noise can be evidenced through multiple complaints and no cooperation from the homeowner in getting the volume turned down. • Notification to be provided to the neighborhood regarding the event activities, hours, and a contact name and phone number for any questions or concerns regarding this event. • If liquor is available, it is not to be provided to persons under the age of 21. If there is a charge for liquor, a liquor license must be obtained. • Police may issue citations for any city or state ordinance or statute violations. Approved at City Council meeting on: May 9,2005 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway. P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600/Fax: 952-249-4616/www.ci.orono.inn.us CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: May 9,2005 June 8, June 22, July 6, July 27, August 17, August 24, September 7, and September 14,2005 4:30 p.m. - Sunset (8:30 p.m. or earlier), Wednesdays Name of Tcrson(s) And/or Organization Sponsoring this Event: Denny Nelson Denny's Super 30 8014 Pennsylvania Road Bloomington, KfN 55438 Phone: Location of Event: Type of Event: 612-201-2400 Wayzata Marne - Maxwell Bay Wednesday I^ening Bassin* - Bass Fishing Tournament The following documenU are required and on flic at the City Administrative Offices: * Cettifieate of General Liability Insurance ' Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed &n this event: • This permit is subject to approval of this event by the DNR, Lake Minnetonka Conservation District and Hennepin County Sheriffs Water Patrol. • Participants must follow the rules and regulations posted by the DT4R at the Maxwell Bay landing, including no use of alcoholic beverages. • No amplified sound is allowed. • 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 permit, agrees to indemnify and hold harmless the City of Orono from all claims arising from said event. The 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 this 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 that arc not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause tlic immediate cancellation of the event originally authorized by this pemiit. Approved at City Council meeting on: May 9,2005 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66. Crystal Bay. MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mn.us JlOttfiOlMliilHl CITY OF ORONO *Check Detail Register® 04/27/05 7:26 AM Page 1 ■ •••■ B ■A::';':. r. .• 10100 Pfimfy Cash tif-irriMQ MAY 9 2005 Cl [Y OF ORONO (B PeUChM OSOTiS 4/27/2005 FIRST NATIONAL BANK OF LAKES 0101-21701 Federal VWMwMing $10,372.31 0101-21703 FICATeaVWIhholdIng $4,599.14 0 101-21703 FICATaKWIhhoWIng $4.89$ U Total FIRST NATIONAL BANK OF LAKES $19,576.59 FEDERAL W/H FIC a S MEDICARE W/H FICA S MEDCR CITY SHARE PafadhM OSOTM A07/2005 ICMA RETIREME^ T^T - 487 O'lof.gim "oihvRett^^ $1.038.62 Total ICMA RETIREMENT TRUST-487 PaidChk* OeO^if $1,038.62 4/27/2005 LAW ENFORCMENT LABOR SERVICE 0101-21707 Union Ouaa $707.78 Total LAW ENFORCMENT LABOR SERVICE Paid COW oUTST $707.78 4/27/2005 MN DEPT OF REVENUE 0101-21702 SMaWWiholding Total MN DEPT OF REVENUE $4,380.09 $4,380.09 4/iT^/2605 B n state retirement systeiT”TaB^SRiTooSTM 0101-21718 Poat EtnploymenI HaalUi Total MN STATE RETIREMENT SYSTEM $304.55 $304.55 ifffUdlS NATiONWioe retirement solution 0101-21700 other Ratiramant $2,022.00 0101-21708 Other RaHiamant $106.48 Total NATIONWIOE RETHtEMENT SOLUTION Mjw'ggm' $2,128.46 T/TfSSSi ORCHARD TRUST CO. TRUSTEE/CUST 0101-21708 Other RaOramant $3.032.68 TOTCSr Total ORCHARD TRUST CO. TRUSTFEK:UST TUfm $3,032.68 1772 4/27/2008 PUBLIC EMPLOYEES RETIREMENT O 101-21704 PERA $7,539.58 O 101-21704 PERA $9.791.42 Total PUBLIC EMPLOYEES RETIREMENT $13,331.00 T531S33r5i3r?3 4/2^/2605 united way 0101-21708 IJnSadWay $66.00 Total UNITED WAY $86 00 Funti Summary 101 GENERAL FUND 10100 Primary Caah $44,579.7: 10100 PrimaryCash 144.579.79 $44.57979 lit iTPibA 4- ikFERREd c6mP-3020'30 UNION DUES #40 A #168 STATE TAX W/H post ratirament USCM - ENTITY 2339 OBRA#2343 MN STATE RET'REMENT PERA CITY SHARE PERA EMP'.OrEE W/H CHARITY DONATIONS I 1 I CITY OF ORONO OS/06/05 10 13 AM Pagel Check Detail Register® MAY 2005 Check Amt Invoice Comment 10100 PrlmiryCeeh Paid bhki M6776 S/9/2005 30 SPECIALTIES INC. E 101-43000-226 Clothing S perionel equipment Total 30 SPECIALTIES INC. 156.00 416423 Vests $56.00 Paid tiki cMm E 101-4300 yO/2005 A-1 RENTAL -224 Street MakitMateriala^upply $26.00 21036 40# Propane Fill ToUl A-1 RENTAL $26.00 i^ald city V9/206s ANDERSON, KRISTI E 10M1300-31B Other ProfBsalonalSefvicss E 101-45200-319 Other Professlonai Services Total ANDERSON, KRIliT! $170.00 $170 00 5/2/05 5/2A)5 CC Minutes 4/25 Park Minutes 5/2 $340.00 I l>aU CMi oUm SSnOM AUOIES MOBILE CHEF E 613.499004)93 Conceiaiona For Ro«ale.Txbt Total AUOIES MOBILE CHEF PaM Chy Ai6ft6 $49.02 18703 Hot Dogs. Chaetburgers $49.02 S/9/200S AUTO ELECTRIC SPECIALISTS E 101.43000*221 Equipmont Parts & Accastortas $97.52 Total AUTO ELECTRIC SPECIALISTS $97.52 ^aici ^1^' lSb781 SW206s 8145 Coil, Solenoid - bobcat SCA • FORENSIC SCIENCE LAB E 101-42110437 Training & DevelopmenI $225.00 4057067 Total BCA-FORENSIC SCIENCE LAB Intoxilyzer Op • Russeth $225.00 i^aM Chy Milki s/^66^ BFi 6f Minnesota , inc E 10145200404 Rapalrs/Malnt-Bldgs/Grounda E 10145200404 Rapalrs/Maint-Bldga/Groundt E 10141900-404 Rapairs/Maint-Bldgs/Grounda E01349S30404 Rapalrs/Maint-Bldga/Groundt E 101422S0404 Rapalri/Malnl-Bidga/Grounds Total BFI OF MINNESOTA. INC $90.39 $75.49 $265 68 $32.49 $60 90 1307115 1307214 1307420 1307461 1347632 Solid Waste 3/2005 Solid Waste 3/2005 Solid Waste 3/2005 Sofid Waste 3/2005 So6d Waste 4/2005 $544.95 ?aUfiMtl'iSSb7S3 V90005 BIFFS INC. E 101.46200415 06wr Equipmant Ranlala Total BIFFS INC. $66.41 W252028 Portable - Bederwood $66.41 'PM tiMJ budget printing E 60149400-322 Postage ToUl BUDGET PRINTING $6.42 4/25/05 Shipping Chgs $8.42 TOfiTCRBraSoTIs 5W2o6s cemstone E 10143000*224 Straat Mainl. Matariais/Supply $372.75 258528 Concmie Divldars Total CEMSTONE $372.75 Itaid ChkP 0M786 5^005 CENTERPOINT ENERGY E 60240450.381 Gas & Electric E 60140400.381 GasSEIectnc E 61349630*361 Gas 6 Electric £10141900*381 GasSEIactric E 10142110*381 Gaa & Electric £10141900*301 GasAEtactrto E 10142200*301 Gas & Etaetrtc E 00249450.301 Gat & Elactric £60149400*361 GaaElectric $190.60 $915.75 $81.71 $381.69 $156.69 $191 51 $193 07 $1907 $63 60 060006750600 Gaa Satvica 060006750600 Gaa Service 060006750600 Gas Servloa 060006750600 Gas Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060C06750600 Gat Service 060006750600 Gat Service CITY OF ORONO U9ARVU9 1U:i J/MVI Page 2 *Check Detail Register© MAY 2005 Check Amt Invoice Comment Total CENTERPOINT ENERGY $2,193.89 6hiul Ubriy COLLISION CORNER E10M2110-402 Repalra/Maint-Auto Equip K438.71 733M Repairs - Squad 200 Total COLLISION CORNER $4,438.71 Paid Chki 08078S 9/M005 COMMISSIONER OF TRANSPORTATION £234^5680412 Building Rentals $464.52 21312772551 — E 23449680412* Building Rentals- * --------- Tout COMMI8SIONEROFTRANSPORTATION $1,200.00-179 213L2772 Lurten Lease 3/20-3/31/05 Lurton Lease Extension. . $1,664.52 Paid Chk« 0807^9 5^005 CONSTRUCriON BiTlIJE tTn E 60149400-352 Printing A Publishing $119.18 2886258 E 60249450-352 Printing & Publishing $121.20 2686259 Adv-TH 12 Water Main Adv-TH 12 Sewer Pipe Total CONSTRUCTION BULLETIN $240.38 Paid OeOTM) 9/9/2005 COVERALL OF THE TWIN CITIES E 10142110407 Janitorial Services $1,139.55 95908 E 10141900407 Janitorial Services $1.504 85 95908 Total COVERALL Of THE TWIN CITIES Janitoria] Service 5/2005 Janitorial Service 5/2005 $2,644.40 Paid ChMI 080791 5/9/2005 CRYSTAL. CITY OF E 10142110437 Training & Development $15.00 3/23A)5 Field Sob Tming - Stensrud Total CRYSTAL, CITY OF $15.00 Paid ChMPCmm 5/9^5 CURTIS, MELANIE E 10142400-331 Travel Expenses $47.47 4/26A)5 E 10142400437 Training A DevelopmenI $117.79 4/26/05 Mileage - Inspections Mileage/Meals Training Total CURTIS, MELANIE $165.26 ChUil 660793 S/B0005 OAHLKE TREE SERVICE E101^;06 Contraotad Street MainL Total DAHLKE TREE SERVICE $437.50 4/22/05 Banners $437.50 Paid bhfci 060794 5«200» OCA • WIRE ONLY 0101-21719 OCA/SpandlngAccounta 9691.60 4/28/05 Flex Spending - 4/28/05 Total DCA-WIRE ONLY $691.60 Paid ChldP 060795 5/9/2005 DEPT OF ADM - INTERTECH GROUP E 10142110-311 Data Processing Communication $37.00 DV05030287 i-10142110-321 Teleph-ne $52.38 W05030571 E 10142110-321 Tels,...jne $122.18 WDS030571 Total DEPT OF ADM • INTERTECH GROUP PVC Circuit 3/2005 Phone Service 3/2005 Phone Senrice 3/2005 $211.54 ^aid dMob ^M/200^ DEPUTY REGISTRAR E101-42110-402 RapakaAtointV\uto Eqtrip Total DEPUTY REGISTRAR $9.50 4/29/05 Registration #188 $9 50 Paid Chki ^797 5/W2005 DEX MEDIQ EAST UC E 61349830-340 General Advertising Total DEX MEDIQ EAST LLC $290.49 150093387 Directory Adv $290.49 ^ald'Chki 0798 Sf V200S EARL F. ANDERSON S ASSOC. E 101-43000-224 SIraal MainL MatartaN/Supply 9193.85 f“ 99 E 101-43000-224 Straal MainL Matariala/Supply 9163.39 b5198 Total EARL F. ANDERSON S ASSOC. Street Signs Street Signs $357 24 J r CITY OF ORONO 05/06/05 10:13AM Page 3 Check Detail Register® MAY 200$ Chtck Ami ENQINEERINO REPRO SYSTEMS Invoica Comment E 101-41900-201 1I1$43.2094823 Lumocolor Pens Total ENGINEERING REPRO SYSTEMS $43.20 PaMChki OeOOOO SW200S PARNIOK, CORREY E 101-42110-226Clothing & personai equipment $207.56 4/17/05 Clothing Total FARNIOK, CORREY $207.56 PatrdhHT oaiaoi - - si/200s pasching , gre& ■-..........—* -................-•--------------------- E 101-43000-226 Clothino S parsonal equipment $103.65 4/29/OS Steal Toe Boots Total FASCHING, OREO $103.85 Paid Chl4T'560602 9/9/2009 FORTIS BENEFITS 0101-21713 LTD Insurance $865.64 4019825-1 LTD 5/2005 Total FORTIS BENEFITS $665.64 Palri 'ftiokos S/&2009 G S K SERVICES E 101-42260404Rapalrs/Malnt-BMgs/Grounds $206.92 1006376472 Mat Service - Nav Fire E 101-42260404Rapairs/Maint-Bldgs/Grounds $206.92 1006402138 Mat Service • Nav Fire E 613-49630-226CiGthIng A personal equipment $6.02 1006426224 Uniforms E 10143000-221Equipment Parts & Accessories $50.70 1006426224 Shop Towels E 602-49490-226ClolMng A personal equipment $39.60 1006426224Uniforms E 101-43000-226Clothing A personal equipment $79.14 1006426224UnKorms E 601-49400-226Clolhing A personal equipment $13.20 1006426224Uniforms E 602-49490-226Clolhing A personal equipment $41.041006432520 Uniforms E 613-49630-226Clolhing A personal equipment $6.02 1006432520 Uniforms E 10141000-404Rapairs/Malnl-Bldgs/Grounds $96.96 1006432520 Mat Service - PW E 101-43000-226CloOilng A personal equipment $82.041006432520 Uniforms E 601-49400-226CMNng A personal equipment $13.68 1006432520 Uniforms E 101-42110-404Repaira/Maint-Bldgs/Grounds $154.401006432521 Mat Service - PD E 101-41900404Repairs/Maint-Bldga/Grounds $57.65 1006432522 Mat Service • Adm E 101-41900404Repairs/Mainl-Bldgs/Grounds $65.18 1006432523 Mat Service - CC E 101-43000-226Clothing A personal equipment $78.99 1006438881 Uniforms E 602-49490-226Clothing A perso.ial equipment $39.50 1006438881 Uniforms E 60149400-226Clothing A personal equipment $13.17 1006438681 Uniforms E 61349630-226Clothing A personal equipment $6.02 1006438881 Uniforms E 10143000-221 Equipment Parts A Accessories $50 98 1006438881 Shop Towete Total GAKSERVtCES $1,310.13 TZd Chi^' 060804 9/^/2005 GOVT FINANCE OFFICERS ASSN E 10141500433 Memberships A Subscriptions $150.00 39995 GFOA 6/1/09-06 Kuehn Total GOVT FINANCE OFFICERS ASSN $150.00 >ald 6hlJ 060809 9/9/2009 HENNEPIN COUNTY E 61349630437 Training A Development $45.00 5/10/05 Food Safety • Steffenhagen ToUl HENNEPIN COUNTY $45.00 'PakTbiiiS’OOOOOO 5««005 HENNEPIN COUNTY TR-PROP TAXES E 22549219441Licenses A Taxes $47.34 171172343007 Prior Yr Tax E 22549219-441Licenses A Taxes $664.19 171172343007 3422 Lyric-1 $t 1/2 Taxes E 23445680441Licenses A Taxes $776.06 51530 Persons! Prop Tax Lutton E 65146010441Licenses A Taxes $38.50 Rydell 3411623440034 Rydell 11.526.09 TS53 ci53roa58o7 s Soom hennepin county tr-tax pyr srv E 101-41410^22 Poitege $24$ 04 4/26/05 Postal Verificationt i* CITY OF ORONO IV. IV rwv Pag«4 *Check Detail Register®» I • MAY 2005 Check Amt Invoice Comment Total HENNEPIN COUMTYTR-TAXPYRSRV $245.04 PM Chki 060800 5^9^2005 HENNEPIN COUNTY TREASURER-JAIL E 101-41600-309 JeNChwges $426.99 558 Jell Charge 3/2005 Total HENNEPIN COUNTY TREASURER-JAIL $428.99 Paid Chki 060609 S/M005 H0M.ETT PACKARD E 227-45500-240 Smal Tools and Minor Equip ---------------------------------Total HEWLETT PACKARD $1,969.19 37902738 LaserJet 3700 DTN $1,969.19 Paid dUdi 060^10 5/9f26tt HIN8HAW E CULBERTSON E 101-43260-307 Legal-ConsultinQ E 101-41600-307 Legal-Consuiting E101-43290-600 Spedal Proieda. Contfaigency E 101-41600-305 Legal-Retainer E 101-41600-307 Legal Consulting E 651-49910-307 Legal-ConsuMing Total HIN8HAW A CULBERTSON $526.66 $173.50 $1,731.59 $614.56 $666.34 $1,672.46 10467950 10467951 10467952 10467953 10467953 10467954 March Metro LegaUOisb Nelson/Cartson Vacated Oak Pi Big island Veteran's Camp Council Mtgs Mar 2005 Nelson/Cartson Vacated Oak PI Birch Lane Drainage $5,405.13 Paid Chki 060611 5/9/2005 INFRATECH E 602-49450-443 Repairs/Maint-ISI Reduction Total MFRATECH $1,178.85 501539 Clean Pipe - i&l $1.17885 CkiT3 ilV2O05 KAU8ZEV»KI.EIUCJ E101-42110-104 Twnpor«fyEmptoy«MRagular $40.00 4/2W05 Alchol Comp Checks Total KAUSZEWSKI.ERICJ $40.00 MtmS KNOX COMPANYPaid Chki 060613 E613-4963CL223 Bldg/Qroonds Makit Supplies Total KNOX COMPANY $216.00 KeyBox Knox Box $216.00 Paid Chki M0814 5/9/2X5 LMCIT - BERKLEY - PO BOX E 703-49960-361 Oeneral LlaMRy Ins $18,661.75 18595 E 703-49960-379 Insurance DeductXHes Totel LMCnr-BERKLEY-FOBOX $1.000.X CMC21327 Comp Munic Cov Pmt i2X:MC25617 CMC21327 CIm i11037403 $19,661.75 PaidChMl osoais S5SS5S Loois E 101-41900-311 Data Processing Communicallon E 101-42110-310 LOGISJ^ppflcations E 101-42110-329 Other Communications E 101-41900-329 Other Communications E 227-45500-575 IT HardvYsre & Applications Total LOOIS $31.00 $1.956.x $321.50 $321.50 $3,564.74 25140 25140 25140 25140 25169 Henn Cty Con 3/2005 PoRce Records 3/2005 Internet 3/2005 Internet 3/20( 5 Ultrium 460 Tape Drive $6,216.74 7ald Chki 060616 5/9/2005 MCLEOD USA - PHONE BILLS E 601-49400-321 Telephone E 602-49450-321 Telephone E 601-49400-321 Telephone E 602-49450-321 Telephone E 101-419CO-321 Telephone E 101-42110-321 Telephone Total MCLEOD USA • PHONE BILLS $23.59 $39.45 $42.95 $55.05 $495.44 $212.33 9853397 9853397 9853397 9653397 9653397 9653397 Phone Service Phone Service Phone Service Phone Service Phone Service Phone Service $666 81 i^aidChiil'66oei7 metro fire 0101-20200 Aooounto Payabla Total METRO FIRE $4,805.46 182SS Faca Shlaldt $4,805.48 MOB r 1 I CITY OF ORONO 05/06/05 10:13AM Page 5 Check Detail Register® MAY 2005 Che^Amt 18 S«a00S MEYERS OUfD^ SERVICES E101-45200404 Repairt/Meinl-Bldoi/Orounds $2.000.00 2139 Invoice Comment Mowing 4/2005 Total MEYER'S OUTDOOR SERVICES $2,000.00 l^ald Chk# 0mi9 Si^OOS MIDWEST FUELS 0101-14101 Oeaoline Inventory E 101-42110-212 Motor FueleSLubricanto Total MIDWEST FUELS $4,780.98 $1,145.75 25800 25800 2491 Gals Unleaded 605 Gals OieasI $5,926.73 Paid Chk* 080020 5/9/2005 MINNEAPOLIS OXYGEN COMPANY E101-43000-224 Street Maint. Malerlala/Supply $33.68 RI030S0832 Cylinders Total MINNEAPOUS OXYGEN COMPANY $33.68 l^sid'Sii3"^il '"'iniSiSs MN pouution control agency -2 E 602-49450-437 Training A Development $40.00 E 002-49450-437 Training S Development $40.00 E 602-49450437 Tratoing 6 Development $40.00 E 60249450437 Tralnino 6 Development $40.00 Total MN POLLUTION CONTROL AGENCY-2 $160.00 Faschlng Oberaigr^r Palmer Rathbun Pump Workshop Pump Workshop Pump Workshop Pump Workshop Paid fihidii 06082i 5/9/2005 MORRIES FORD E 10142110-402 Repaira/Msint-Auto Equip Total MORRIES FORD $1,252.12 F6CS341819 CaUytic Converter i199 $1,252.12 PaS chldTOMSlS snoods MR AUGIES COFFEE SERVICE E 613499004)92 So« Drinks For Resale $49.50 21637 Total MR AUGIES COFFEE SERVICE $49.50 Coffee for Resale Mietlk* 6MS24 M/200S MTIDIST CO. E 61349630-223 BMg/Grounds MabiL Supplies E 61349830404 Repeks/MaM-Bldos/Oiounds Total MTI DIST CO. $182.87 $142.08 457241 458260 Hois Cutter. Cup Irrigation Parts $324.95 3005 NCPERS GROUP LIFE INSH^eld dhMI 080825 G101-21710 Lite Insurance Total NCPERS GROUP LIFE INS $304.00 6732505 PERA Life SnOOS $304.00 l^eld ChkS oo6S2S nextel communications E 10142110-321 Telephone $734.86 506573311-04 Police Cell Phonos Total NEXTEL COMMUNICATIONS $734.88 Paid Chk* 080627 5/9/2005 NORUNG S E 10141900404 Repaka/Malnt-Bldoa/Grounds Total NORUNG'S $551.00 20075 Spring Landscape Maint $551.00 '^•Id c73d»' 0d5SSi 555005 occupational medicine cons ltd E 101 -43000-469 Other Miscellaneous Charges E 101-43000-489 Other Mmcellaneous Charges Tout OCCUPATIONAL MEDICINE CONS LTD $830.00 147089 $3500 147147 Pre Emp Exam Pre Emp Exam $865.00 •KITSHgrSSSES SSnoK office depot E10141900-201 Of^ supples E 10142110-201 Ofltoe suppBes Total OFFICE DEPOT $427 63 285892201 $427.63 285892201 Office Supplies Office Supplies $855 26 beid t\M OMSiO 5/9/2005 PERRY’S TRUCK REPAIR E 101-43000-221 Equipment Parts A Accessorfes $23 86 30506 Hook up Pins i 5 } ! ; ^ C(TY OF ORONO Pages Check Detail Register® MAY 200S Cheek Ami Invoice Comment Total PERRY’S TRUCK REPAIR paiddhb srinobi pov ^rs . jX^ 0002*11501 Accounts Reoeivahle*w/t 123.86 $7.04 4/22A)5 Credit Balance • Final Bill ToUl POWERS, JAMES $7.04 Paid Chk# 060832 5/M005 PRAIRIE RESTORATIONS INC. E 101-45200404 RepalrsSyialnt-Bldgs/Gfounda $668.63 94611 Spring Burn - Fr Creek Park Total- PRAIRIE RESTORATIONS INC.$665.63 13 5/9/2005 PRUDENTIAL LIFE INSURANCE 0101*21710 LIfa Insurance $650.40 96234 0101*21710 UN Insurance $61.78 96234 0101-15996 Non*Emp)oyee Heakh Ins $0.00 96234 Total PRUDENTIAL LIFE INSURANCE Life Insurance * 5/2005 Life Insurance - 5/2005 Life Insurance - 5/2005 $732.16 Paid Chki 060634 5/912005 QUAUFICATION TARGETS, INC E101-42110-226 Training Supplies $36.43 20500904 Targets Total QUALIFICATION TARGETS. INC $36.43 f^aiddhiii 080835 VW2005 QWEST £61349630-321 Ttlaphone $61.31 6524739904 Phone Seivica • GC Total QWEST $61.31 PaidChkf 060636 MiHSn RICKS SUPERVALUE E101-42110439 MaeUng Expenaat $39.90 S'1/OS Rolls. Beverages Total RICKS SUPERVALUE $39.90 PaidChkS 0637 5/9/2005 ROEOEL, SASHA E101-42110-104 Tempoca/y Employees Regular Total ROEDEL. SASHA $40.00 4/21/05 Tobacco Compliance Ck $40.00 Paid Chki 060636 5/90005 RUSSETH. KYLE E101-42110437 Training A Development Total RUSSETH. KYLE $513.50 4/18/05 MHeage/Gas/LodgIng-Tmg $513.50 Paid bhki 06(i439 SSSOW MFETY SIGNS E 60249450415 Other Equipment Rentals Total SAFETY SIGNS $166.02 50241 Safety Vests $186.02 Paid Chki 060640 5/9/2005 SCHARBER S SONS E 10143000-226 Clothing S personal equipment Total SCHARBER S SONS $16.61 2046247 Chain $16.61 Paid Chki 060641 5/9Q005 STAR WEST E 10143000402 Repairs/Maint-Aulo Equip Total STAR WEST $290.60 195258 Repairs i709 $290.60 TSS^SToSoM Sf9«005 STATE TREASURER E 10142400437 Training & Development Total STATE TREASURER $35.00 Oman 2005 Spring Seminar $35.00 T^Chki 0^3 sUfioSs STENSRUD. CHAD E 10142110437 Training 6 Development Total STENSRUD, CHAD $7.75 4/7/05 Meal * Verbal Judo $7 75 Paid ' (MioiM SUPERIOR WIRELESS COMMUNICATIO CITY OF ORONO 05A)6/0S 10.13 AM Pager *Check Detail Register® MAY 2005 Checli Amt Invotei Comment E 602-40450-321 Teiephont Total SUPERIOR WIRELESS COMMUNICATK) $48.60 9652 Chargers $46.60 )>aUchi«ii ooo84i iiiizon tkoa E601.4940(M0S Repaira/Maint.Wateimalns/plant Total TKOA $278.35 200501417 Leak Location $278.35 •frrw^jT.r ya/2005 TOaOAS 4 WELDING SUPPLY E 101-43000-224 Street Maint. Malerials/Supply Total TOLL GASS WELDING SUPPLY $6.45 471554 Cylinder Invoice $6.45 Paid Chki 080847 SSSOOS TWIN CITY GARAGE DOOR CO. E 101-41900-223 BWg^undi Maint. Supplies $725.60 235023 Total TWW CITY GARAGE DOOR CO. $725 60 Torsion Spring PaidChk# 0 vtt;5^005 UNITED STATES TREASURY G 101-21703 PICA Tax Withholding Total UNITED STATES TREASURY $65.56 04/27/05 M Bolterman - PICA $65.56 'FaW ChMt oA mA' US BANK • CMMM ' E 317-4700M20 Fiscal AgenTa Feet Total US BANK.CMMM $200.00 1494511 2004 GO Refunding $200.00 ^aU (iwr Stosso Mi/2009 VERIZON DIRECTORIES (: 819-49030-340 Genafal Advertising Total VERIZON DIRECTORIES $18.20 380007S94501 Directory Advertising $18.20 5W2008 VERIZON WIRELESSPaid Chkf 080S91 E101-41000-321 Telaphone Total VERIZON WIRELESS $110.34 3603614102 Cel Phones $110.34 PaM 6hy iMos^ llWzote voof heating a air E 10141900-403 Repaks/Maint-Misc. Equip E 10141900404 Repairs/Maint-Bldgs/Orounds E 10142110404 Repaks/Maint-Bldgs/Orounds E 10141900404 Repairs/MaInt-BldgB/Ofounda Total VOGT HEATINGS AIR $89.00 25602 $300.00 300714 $394.44 301611 $482.09 301611 Check Pressure Washer AC Contacts Annual Maint Contract Annual Maint Contract $1,265.53 CkiJ 0508ii ' 5^9^005 WRIGHT HENNEPIN ELECTRIC E 60249450-381 Gas S Electric $29.13 3113009200 E 10143000-381 Gas & Electric $31.05 3113009200 E 10143000-381 Gas & Electric $20.46 5015782900 Total WRIGHT HENNEPIN ELECTRIC $80.84 Electrical Service Electrical Service Electrical Service ‘Aalddllkl 08ti654 S^SOOS XCEL ENERGY E 601 -49400-381 Gas 8 Electric E 101-42260-381 Gat & Electric Tout XCEL ENERGY $7.43 51-4237472-5 Electrical Service $293.96 51-4918183-9 Electrical Seivica $301.39 i ’PBTchkToSSS^ SSaooS young , jackie E 10142400-319 Other Professional Services E 10142400-319 Other Professional Services E 10141300-319 Other Professional Services E 10141300-319 Other Professional Servicea E 10141300-319 Other Profasslonal Services Total YOUNG. JACKIE $275.00 $210.00 $210.00 $145.00 $145.00 4/25/05 4/25/05 4/2&X)5 4/25A)5 4/25/05 PC Minutes 4/18 PC Minutes 3/21/05 CC Minutes 3/14 CC Minutes 4/11 Board of Review $985.00 CITY OP ORONO *Check Detail Register® MAY200S Chwk Amt Invote* Comment Page 8 Fund Summary 10100 PrifiMfyCash 880.450.34 101 GENERAL FUND 225 PARK FUND 227 IMPR/EQUIP CAPITAL OUTUY FUND 234 LURTON PARK 317 2004 G.O. NMP REFUNDfNO BOND 601 WATER OPERATH40 FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTIUTY OP FUND 703 INSURANCE FUND 10100 Primary Cash 145.116.19 1711.53 $5,553.93 $2,440.58 -----------$200.00 $1,499.32 $2,155.35 $1,186.73 $1,710.96 $19.881.75 $60,456.34 il:. - ' : -X wmmm.mmmk ■y.c ■■ . .'j ■M S' ■;A s ■># f" ' V •■• -•- ^ CITY OF ORONO 05/06/05 10 17 AM Page 1 Check Number Employee Name 004271 004272 004273 004274 .004275. 004276 004277 004276 004270 004260 004261 004262 004263 004264 004265 004266 004267 004266 004269 004290 004291 004292 004293 004294 004295 004296 004297 004296 00429C 004300 004301 004302 004303 004304 004305 004306 004307 004306 004309 054997 054996 054999 055000 055001 055002 055003 055004 055005 055006 055007 055006 055009 055010 055011 055012 055013 055014 055015 055016 MOOR8E. RONALD J. 8ILU8. BARBARA G. VEE, UNDA 8. KUEHN. THOMAS M. OtSQN.RONApX PETTIT, SANDRA k. ANDERSON, BRUCE L BOBZIEN, SUE A. BORIS, SCOTT W. BUD!0. STACIE M. COf'NICK, JAMES L DAY. SUSAN J. DEM80U8KI, JAYC. FISCHER, CHRISTOPHER K. OOOO. STEPHANY R. MCNICHOtS. DAVID L RUSSETH, KYLE M SCHOENHOFF,JOHNB. 8TEN8RUD, CHAO R. TOEWE, KIMBERLY D. TOMCHECK, LAWRENCE F. TOMCZYK.MARKW. WHITE, ANTHONY J. WITTKE. ANTHONY A. KLI8ZC2.0AVIDA. PHARO CHRISTOPHER M. CURTIS. MELANIE OAFFRON, MICHAEL P. OAPPA, GREGORY A GUNOLACH, JANICE J. MEYER, WILUAMC. OMAN. LYLE E. DEBAERE, DONALD L FASCHING. GREGORY P. HANSEN. STEVEN OBERAIONER, SCOTT G. OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J. DODGE, RACHEL M. LESKINF.N, DENISE M. BOBZIEN. SUE A. BORIS. SCOTT W, ERICKSON. KURTR FARNIOK. CORREYL FISCHENICH. DAN T. MADSON, ADRIENNE M. MCNICHOLS, DAVID L MOROWCZYNSKJ. JAMES PERSELL. WiaiAM R. TOMCHECK. LAWRENCE F. OAFFRON. MICHAEL P. OMAN. LYLE E. VANG. BRUCE L. GREGORY. JAMES D. * HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J Pay Period 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 f* n 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 check register Check Amount $2,369.44 $544.76 $1,110.43 $1,409.16 $1,231.14 '$1,094.24 $1,676.43 $655.00 $20.00 $1,003.39 $1,552.77 $1,465.06 $1,622.10 $1,533.07 $2,002.60 $1,100.00 $1,675.94 $1,674.66 $1.220 36 $1,256.6? $900.00 $1,469.00 $1,402.23 $1,456.43 $297.37 $927.95 $1,183.05 $125.00 $1,634.20 $1,302.57 $601 29 $1,400.00 $1,266.76 $326.69 $675.00 $1,435.53 $550.00 $400.00 $200.00 $1,069 69 $939.00 $76.76 $1,567.79 $1,647.12 $2,053.66 $1,616.16 $634 29 $730.45 $1,749 53 $1,443.22 $547.66 $1,436.95 $356.76 $1,365 06 $67446 $673.17 $447 15 $751.16 $1,163.64 Check Date Check Statue 4/27/2005 Outstanding 4/27/2005 OutsUnding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/20G5 Outstanding AfiiiiooS Outstanding 4/27/2005 Outstanding 4^712005 Outstanding 4/27/2005 Outstanding 4/27/2005 OuUtanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 OutstanJing 4/27/2005 Outstanding 4/27/2005 Ou*.standlng 4/27/2005 Outstanding 4/2/.70C5 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 Outstanding 4/27/2005 OuUtanding 4/27/2005 Outstandirig 4/27/2005 OuUUnding 4/27/2005 OuUtanding 4/27/2005 OuUtanding 4/27/2005 OuUtanding 4/27/2005 Outstanding 4/27/2005 OuUUnding 4/27/2005 OuUtanding 4/27/2005 OuUtanding 4/27/2005 OuUtanding 4/27/2005 OuUtanding 4/27/2005 OuUtanding 4/27/2005 OutstanJing 4/27/2005 Outstanding 4/27/2005 OuUtanding 4/27/2005 OuUUnding 4/27/2005 OuUtanding 4/27/2005 OuUUnding