The URL can be used to link to this page

Home My WebLink About06-13-2005 Council PacketPublic Attendance MbetingDate >{^OUNCIL □ Planning Commission □ Park Commission □ OTHER Please fill out the information reques fed BELOW FOR OUR CITY RECORDS. NAME (plette prtet)ADDRESS PRESENT FOR (from tgeoda) NAME OR NUMBER 1. 7^/"^ /5/^ohj^ 3. /HvXo/ 7AjeA4M5«i 171'? ^U^Lct’ /.ifilt L fL. ^ s. khauJer-V ^ \J 7. i. 9. 10. 11. «n._ ______^..................... 13.. 14. IS. WAA*.1 A I- AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 13,2005,7:00 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. ~'NG ROLL CALL PLEDGE OF ALLEGIANCE J 3 2005 enr OF ORONO CONSENT AGENDA 1. Approve/Amend PRESENTATION 2. North Hennepin Mediation Program APPROVAL OF MINUTES * 3. Regular Council Meeting of May 23.2005 PARK COMMISSION COMMENTS - Charles Krogness, Representative PLANNING COMMISSION COMMENTS - Travis Winkey, Representative PUBLIC COMMENTS - (Links Mlantes Per Person) ZONING ADMINISTRATOR’S REPORT 4. 805-3102 Kathryn Alexander on behalf of J. Sven Gustafson. 920 Brown Road South • Variance Resolution * 5. 805-3108 Gary and Lyrm Christensen, 3560 Ivy Place-Variance-Resolution 6. 805-3109 Navarre (Congregation of Jdwvah’s Witnesses, 3655 Togo Road - Conditional Use Permit and Variances - Resolution 7. 805-3110 Thomas and Sheila Browne, 760 Brown Road South - Variance 8. 805-3111 Water Street Homes, LLC on bdialf of Randall and Sara Hogan, 2260 Fox Sheet - Conditional Use Permit and Variances - Resolution 9. 805-3114 Peter J. Boyer on bduUf of Sever and Sharon Peterson, 3145 North Shore Drive- Variances 10. Jack and Kan ^son, 1966 Shadywood Road - Inquiry MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 11. Award Contract for Navarre Water Tower Repainting 12. Award Contract for Highway 12 Sanitary Sewer Pipe Bursting CITY ADMINISTRATOR’S REPORT 13. Wayzala Fire Service Agreement 14. Long Lake Fire Stikion Invoice r • ’ 5 K . t-- s;: j. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 13,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 15. Accept Donation for Police Reserves 16. UriMm Hennepin County Joint Cooperative Agreement (CDBG) for Fiscal Year 2006-2008 - Resolution 17. No Assessments for Townline Road Improvements - Resolution 18. Big Island Veterans Camp - State Funding - Resolution 19. Hire Full Time Community Service Officer CITY ATTORNEY'S REPORT • 20.UCENSES Kennel License Gambling - Resolution Temporary On Sale Liquor License - Sister Kenny Foundation Special Event Permit * 21. BILLS UPCOMING ISSUES AND EVENTS 06/13 - Council Meeting, Monday, 7:00 p.m. 06/20 - Planning Commission Meeting, Monday, 6:00 p.m. 7706/21 - Council Work Session, Thursday. 5:45 p.m. 06/27 - Council Meeting, Monday, 7:00 p.m. 06/30 - Council Work Session, Thursday, 5:45 p.m. 07/04 - HOLIDAY, Observance of Independence Day 07/05 - Park Commission Meeting, Tuesday, 7:00 p.m. 07/06 - Planning Commission Woric Session, Wednesday, 5:30 p.m. 07/11 - Council Meeting, Mmday, 7:00 p.m. 07/14 - Council Work Session, Thursday, 5:45 p.m. 07/18 - Planning Commission Meeting, Monday, 6:00 p.m. 07/25 - Council Meeting, Mtmday, 7:00 p.m. 07/28 - Council Work Session, Thursday, 5:45 p.m. -?• 1 -------^»MQ JUN i ^ 200S DATE: Jinc % 2005 ITEMNO: ^ REQUEST FOR COUNCIL ACTION CiTYUh'OHONO Department Approval: NiMt RontM J. Mcorte P' Title City Administrator Administrator Reviewed: Item Descriptioa : North Hennepin Mediation Program £1 non Proer Agenda Section: City Administrator’s Report North Hennepin Mediation Program, Inc. is a non-profit agency that provides mediation services as an alternative method of resolving disputes, and as a way to restore justice. Attached is a brochure diat provides information about North Hennepin Mediation, Inc. and the mediation process. The City has used North Hennepin Mediation Inc. to assist in resolving disputes between property owners. The Orono Police Department has also used the agency to restore justice in instances of juvenile crimes. A representative of North Hennepin Mediation, Inc. will present information at the council meeting regarding the services provided, and to request fimding from the City. The funding request is for S3,000 which is for the second half of 200S, and the full year of 2006. Staff recommends providing the requested funding, as the City does make use of the program’s services. COUNCIL ACTION REQUESTED Motion regarding providing funding for North Hennepin Mediation, Inc. % .: #■ ST ■ ■ -f .. ,■ .v^ (I f *»r A ESI.. r J >4i A N on -profit 501(c )(3) CoMMUNirv R esource Tlie Mediation Program was tounded In 1903. The progrmii brings peoplo loyelher to resoivu fiisptjlos and reidore jiislice in a constriiclive nnd positive manner. The program Is gov erned by conmnnity residents and operates witli financial support from public and private sources. Volunteers Mediator.*; at I ho Mediation Program are com- niunity volunteers with various backgrounds, intercsls. anil occupations. Each has received a minimum of 30 hours of initial train ing and a minimum of six additional hours of continuing ediic:ifion eadi year. OpPOR rUNITSES FOR PARTNERSHIP riie M»;dinliuii Piugratn's role in Ihe coinniuni- ly cunliiuutr. to gtow. We look lo Iho commu nity lor pnrtnois to hel|* moot this growing demand. Please contact us at (763) 561-003:i lor more inlormalion on Iheso partnership o|ifioiluiiities: • necoinin>.| a Volunleor Mediator • Making a Inx-deduclible conlribulion • Arranging lor a program or (undraising piescntollon ■r.' 4* Oc E C0)£JrkSCM c58|3J “iii;TT er SQ.“- cits 111 North Hennepin Mediation * -Sl. '' U ' . \ p; ♦.* ♦ r.Program Ina' ■ ‘V’'* •v*> - . ^ ;r .*.. . 4.^ • *4. • <4 Helping People to Resolve Disputes Respectfully and Constructively 3300 County Road 10. Suite 212 Brooklyn Center, MN 55429 (763) 561-0033 J iV;' • V . -■ ■/ -4. i, y> • « * t ♦ The Mediation Program Since 1983. North Hermopln Mecflation Program Inc. has provkiad lha community with •Itomaliva methods ol resolving disputes and fwloring Justicrr through the use of rnedialion. Mediation has been used effectively to Address conlUctH involving: • AgenoiesICitizens • Builders/Homeowners • Businessoii/Consunners • Children and Youth • OivorcedfUnmarriad Parents • Elderty Parent Care • Employeea/i^mployers • Family Members • Friends • Harassment • IJirtdiordfTeruHits • Neighbors • Run-Aways ' • Schools > Shared Parenting • Victims/Gffenders R easons To C onsider Mediation • ConlidenNallly • Control over the soluti on • Closuro • No or low cool • FoNow-iip • Successlul, quick results • Restore Ju>>iice Explanation Of Mediation Mediation is a vofunlaiy process that brings disputing pai ties Icgelher in a neutral selling to resolve issues. A! the mediation session, the mediators facilitate Ihe discussion, ask questions, and write up any agreenrient ttie parties reach. The mediators ere not judges and do not impose a solution. The parties themselves deckle on the actual agreement. Each party receives a copy of the agreement. Because the agreement reflects decisions made by Ihe participants, mediated agree ments enjoy high rates of compliance. *IVe should provide mechanisms that can pro- duce an acceptable result in the shortest pos sible time, with the least possible expense and with a minimum of stress on the participants. That is what justice is aii about,"* Wairen E. Burger Former Chief Justice of the United States 4^irSl> 0 • • •• - w.—..7,... >1? m:/ How To Open A C ase Anyone can o|>on a rase. To do so. wo neuiJ Ihe names, oddresses, ano daylime phone numbers ol llio paities invulveil h Ihe dispute. Parlies do not need to agree to irieJi.ilinn before we are contacted. We ciui lake the information by phone, lax, or o mail. Phone: (763) 561-0033 Fax: (763) 5(51 0.?6G ^ Email: sUi(f(cPnuidialiofinrnQi.in' rrim Website: www medialionpuKji.mi rcw.i » .' •;-V; V.. * . I «. . . ■ > ■. f - Resolving Disputes Quickly, Peacefully... & Respectfully ! .• I' I ) I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23,2005 7:00 o ’clock p.m. ••r-cTlMQ JUN I 3 2005 Cll VOFOHuwo ROLL The Council met on the above mentioned date with the following members present:; Mayor Barbara Peterson: Council members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barren; Representing staff were. City Administrator Ron Moorse, Planning Director Milw Gaffron, Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi /mderson. Mayor Peterson called the meeting to order at 7:03 PM, followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approvc/Amcad Items 9,10,11, and 14 were added and item #7 was removed from the Consent Agenda. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Aves 5, Nays 0. PRESENTATION 2. GRANT ACCEPTANCE - REPRESENTATIVE OF CENTER POINT ENERGY Orono Police Officer J(dm Schoenoff introduced a representative from Center Point Energy thanking them for a grant which will enable the police department to replace three of their five defibrillators. Connie Hargest, of Center Point Energy, presented the City of Orono with a matching grant for $3,000, stating that the company began their Community Partnership Grant several years ago to help fust responders and communities stay safe. Murphy nmved, Saascvcrc seconded, approving the acceptance of the Center Point Energy grant of S3,000 to be used toward the purchase of new Automatic Electronic Defibrillators and givtng anthoriaation to proceed with the actual purchase. VOTE: Ayes S, Nays 0. APPOINTMENT 3. APPOINT REPRESENTATI^ TO LAKE MINNETONKA CONSERVATION DISTRICT Mayor Peterson moved, Sansevere seconded, appointing Andrew McDermott to a one-year term on the LMCD Board eipiring on January 3L 2006. VOTE: Ayes 5, Nays 0. The City Council was unanimous in their support of McDennott's appointment, acknowledging him as a strong voice and advocate for the city. PAGE I of 7 (E) ,v- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23,2005 7:00 o’clock p.m. APPROVAL OF MINUTES M. REGULAR COUNCIL MEETING OF MAY 9,2005 Marpky Bovadt Saitcvcrc accoadcd, to approve the Minutei of May 9,2005, as submitted. VOTE: Ayes 5, Nays 0. *5. RECONVENED BOARD OF APPEAL AND EQUALIZATION MEETING MAY 9, 2005 Murphy moved, Sanicvere tccouded, to approve the Board of Appeals and Equallsatiou Minutes of May 9,2005, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - IRENE SILBER No representative was present. - Park Tour June 6,2005,5:00 p.m. PLANNING COMMISSION CCMMENTS - RALPH KEMPF Kenqtf stated that he had nothing to report, but would remain for questions. PUBUC COMMENTS Jenna Carlson and Philip Carlson, of Interspace Inc., P.O Box 184, Wayzata, were present to express their surprise and frustration to learn this afternoon that their item was not to be reviewed among the items on the agenda this evening. It was their opinion that they were given preliminary approval on April 26,2005, only to be in limbo regarding when they may begin construction, due to a proposed intersection change that they’ve learned they may be financially responsible to contribute to. Gaffron stated that, over the past two weeks, the applicants have delayed the process with incomplete documents. He acknowledged that the project appears to in limbo on both sides, as the City is in the decision nuddng phase regarding the intersection based on recommendations from the consultants and the ap|dicants are in limbo in other areas. Philip Carlson stated that he expected the application to be heard Jiis evening and that things were moving forward based on his most recent conversations with staff. Moorse stated that he had discussed with Philip Carlson on Friday that the application would not be on the agenda because several things were still up in the air, including information from a turnback meeting on Highway 12, which he had attended this morning and was scheduled to discuss with the Carlsons on Tuesday afternoon. Jenna Carlson insisted that the City provide them with an action plan that they could share with their potential lessees and point to as they proceed. She questioned whether the City intended that the applicants put in the fronuge road, and sUted that these additional costs would be a heavy btudm for them. PAGE 2 of 7 i J \MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23,2005 7:00 o’clock p.m. (PVBUC COMMENTS, CoHOmuei^ Moorse explained that a different access, as proposed by the consultants, would potentially benefit this propeity, but the topographic issues would have to be resolved before proceeding with any construction. The City agreed to pay to have the applicants’ engineer work out what would need to be done to match the site to the intersection. Thou^ the delays due to the intersection are no fault of their own, Jenna Carlson wished to have it reflected in the record that diis delay has adversely affected them, as they have financial commitments and timelines to move forward with interested businesses for these office spaces. Philip Carlson stated that he has seen estimates of $150,000 to change the intersection and topographies of the site. He maintained that he could not pass along that type of expenditure to his clients and asked for a straight answer. Murphy suggested the Carlsons meet with staff and council members Tuesday afternoon to discuss the specifics. While he apologized that the delay may be causing the Carlsons undo angst, Murphy felt the information that staff had to share with them would be helpful, as the turnback of Highway 12 was more than a mere intersection change. Murphy acknowledged that it was unfortunate that the Carlsons’ project happened to fall within the same timeline as the turnback project, but also pointed out the unique opportunity it affords them which could be further detailed Tuesday. Jenna Carlaon reiterated her objection that they were removed from the agenda this evening without being given prior notice dun this afternoon, nor any action plan. Sanaevere stated that, had the item been on the evening ’s agenda, he would have tabled or denied it due to die lack of information regarding the potential intersection change anyway. He felt he needed to hear what the turnback committee had to share before making any kind of reconunendatioo. Gaffron suggested dut Engineer Kellogg attend the meeting to answer questions Tuesday as well. Philip Carlson voiced his frustration that, in essence, anything that is decided with regard to the intersection seems to be fidling upon the burden of the applicant. He questioned why the applicant should be shouldering the entire cost responsibility of changes the city wishes to make to the intersection. Murphy pointed out that the City paid the initial SI ,200 for the engineer ’s report, noting that it would be feasible to expect that several businesses along highway 12 will be sharing the cost of access improvements because they each will absolutely benefit from the changes. ‘■r. PAGE 3 of 7 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday. May 23,200S 7:00 o ’clock p.m. ZONING ADMINISTRATOR'S REPORT *6. M4-3060 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD - AFTER- THE-FACT CONDITIONA USE PERMIT - RESOLUTION NO. 532S Marphy Bovcd, Saatcvcrc tccoadcd, adopthig RESOLUTION NO. 5325, a Rcsolutioa graatteg aa aftcr-Cka-fact coadkloBal asc permit aad hardcover variaace for grading and rctaialagwaUs within the lake yard rabject to the recommended removals. VOTE: Ayes 5, NaysO. 7. #05-3103 JACK AND KARl OLSON, 1966 SHADYWOOD ROAD-VARIANCE- RESOLUTION NO. 5326 McMillan asked if the resolution acknowledged the condition that no furtlier requests could be made witfi respect to this property. Murphy questioned whetha the applicants were aware of this addition. Attorney Barrett stated that the Resolution and the minutes reflect this condition; therefore, no amendrnent was necessary. White BMved, Morphy seconded, to adopt RESOLUTION NO. 5326, a Resolatloa aUowlag a 20* docp X 22* wide detached garage to be coastracted at 1699 Shadywood Road. VOTE: Ayes 5, NaysO. *0. #05-3106 CINDY AND BRAD MCDONNELL, 1420 BALDUR PARK ROAD- VARIANCE - RESOLUTION NO. 5327 Marphy nawed, Saaaevere seconded, adopdag RESOLUTION NO. 5327, a ResoIntloB graatlag hardcover aad stractaral coverage variances to coastract an 00 s.f. covered porch sabject la the rcnwval of all friastk and fabric Haers from landscaped areas, the rock fire rla^ aad 250 sX of driveway hardcover. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Thou^ he wished to share the details at their work session Tuesday, Murphy stated that he attended an interesting meeting regarding the turnback, which revealed an equally interesting situation for the previous applicant and other businesses, and could potentutlly involve the County. With regard to the walls along the new highway corridor, Murphy stated that he had been getting some good feedback from citizens thus far. PAGE 4 of? I I y MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23,2005 7:00 o’clock p.m. PUBLIC SERVICE DIRECTOR’S REPORT *9. AWARD CONTRACT - INDUSTRIAL PARK WATERMAIN IMPROVEMENTS PROJECT Marphy moved, Saasevere seconded, awarding the contract for the iadnstrlal park watermala Improvements to MinnComm Utility Constmetion Company, Mora, Minnesota, la the amonnt of $92,665.00 to be fhnded from the Water Fnnd with a bndget adjnstment to tbc 2005 Water Fnnd capital bndget to reflect this expendHnre. VOTE: Ayes 5, Nays 0. *10. ACCEPTED QUOTATION - 3980 DAHL ROAD LIFT STATION PROJECT Mnrphy moved, Sansevere seconded, accepting the quotation for the 3980 Dahl Road Lift Station Improvements ftom Red Pederson Utttitles, Inc., Hopkins, Minnesota, in the amonnt of $3,000 to be ftinded from the Sewer Fund with a bndget adjustment to the 2005 Sewer Fnnd bndget to reflect this expenditarc. VOTE: Ayes 5, Nays 0. Mnrphy moved, Sansevere seconded, accepting the quotation for the 3980 Dahl Road Lift Stathm improvements ft^m Electric Resonree Contractors Minneapolis, Minnesota, in the amount of $7,875 to be ftinded from the Sewer Fnnd with a budget adjustment to the 2005 Sewer Fund bndget to reflect this expendHnre. VOTE: Ayes 5, Nays 0. Mnrphy moved, Sansevere seconded, accepting the quotation for the 3980 Dahl Road Lift Station Improvemaits from Ford Constmetion Inc., Excelsior, Minnesota, In the amount of S1047S to be ftinded fkom the Sewer Fnnd with a bndget adjustment to the 2005 Sewer Fund bn^pt to reflect VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *11. COMPUTERIZED CRIMINAL HISTORY AND DRIVER’S LICENSE HISTORY INQUIRIES - ORDINANCE NO. 25, THIRD SERIES Mnrphy moved, Sansevere seconded, adopting ORDINANCE NO. 25, Third Series, amending the Oirono Municipal Code by adding Section 2-73 and amending Section 26-32 (5) Regarding Compnterlaed Criminal History and Driver’s License History Inquiries. VOTE: Ayes 5, Nays 0. 12. COOPERATIVE AGREEMENT WITH MEDINA Moorse explained that, since the road serving the Park Ridge Acres development in Medina is both in Medina and Orono, the cities developed a cooperative agreement to clarify the responsibility for the maintenance of both the roadway and utilities located within the right of way. The proposed road will serve the Park Ridge Acres development in Medina, extending into Orono to serve four existing homes in Orono. PAGE 5 of 7 i brib. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23,2005 7:00 o’clock p.m. 02. COOPEMA TiVE AGREEMENT WITH MEDINA, ConHnuti) With regard to the work letsion in which several citizens voiced concern, Murphy felt it relevant to note on the document that construction traffic will move in and out at the rail access. In addition, Murphy suggested it be noted that no tax dollars will be used or burden placed upon the citizens for this roadway. Finally, he wished to deflne the specific ‘improvements’ that will be made to Townline Road. Kellogg stated that MnDOT had approved the cooperative agreement which designated construction traffic entering and exiting off of tnn^ Highway 12. Gappa stated that die improvements to Townline are merely a pavement replacement project to support a 9 ton pavement design. McMillan aaked if die City of Independence had seen the cooperative agreement and were okay with the document. Moorse stated thst their City Council representative and administrator had participated in the negotiations and agreed to these terms, though he would ask for a letter of acknowledgement from them. White moved, McMUhui sccoaded, to authorize the City Admloistrator to make the changes to the document as dlscuncd this evening and authorize him to execute the Cooperative Agreement with the Chy of Medina regarding Spruce Way and Townline Road. VOTE: Ayes S«Nayat 13. nXED ASSET CAPITAUZATION Murphy questioned the threshold range. Moorse explained that it was the intent tw establish a policy under which capital items be accounted for and depreciated if they exceed $1,000 or $5,000 respectively. Murphy aaoved, Sansevere seconded, to establish a capitalization threshold for non* propiinbH7lhndaofS5,MM,aadfor proprietary funds of $1,000. VOTE: Ayes 5, nays 0. *14. 1-394 H.O.V. LAND - RESOLITTION NO. S328 Murphy aaoved, Sansevere seconded, to adopt RESOLUTION NO. 5328, a Resolution calling for the Commissionor of Transportation to address the 1-394 H.O.V. lane concerns. VOTE: Ayes 5* Nays 0. CITY ATTORNEY’S REPORT - Attorney Barren had nothing to report. *15. UCENSES None PAGE 6 of 7 "HP* MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23,2005 7:00 o’clock p.m. L, *16. BILLS Mnrphy mavad, Samcvare Mcandcd, to approve payment of tke All Fnnds accoont. VOTE: Ayee S, Nayi 0 ADJOURNMENT Saneovore amved, Morphy eoconded, to adjonm the Orono City ConncU Mecttag of May 23, 2005 at 8:66 PJM. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Cleric PAGE 7 of? Barbara Peterson, Mayor m '' ■(. ^ m L .□ A 8 Ir ^31141 190BSlMd|QMod^ m LORN 05-3102 05-3110 AGBNDA FOR COUNCIL MEETING SET FOR MONDAY. JUNE 13,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO. MINNESOTA (^) Aslcfitk items tre considered to be routine items to be enacted upon by one motion by tlic City Cour under tlie Consent Item* on the agenda. Memos icgarding each of tlic Agcndu items ate available in the Public Packet • located on tlie counter near the sign in sheet. •*rrT||SlG ROLL CALL PLEDGE OF ALLEGIANCE JUN 1 j 2005 Cl rv OK ORONOCONSENT AGENDA 1. Approve/Arnend PRESENTATION 2. North Hennepin Mediation Program APPROVAL OF MINUTES * 3. Regular Council Meeting of May 23,2005 PARK COMMISSION COMMENTS - Cliatles Kiogness, Rcprcsaitative PLANNING COMMISSION COMMENTS - Travis Winkey, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #05-3102 Katlu>ii Alexander on behalf of L Svai Gusufson, 920 Brown Road South • Vanancr Resolution 5. #05-3108 Gary and Lynn Christensen, 3560 Ivy Place • Variance • Resolution 6. #05-3109 Navanc Congregation of Jehovah's Witnesses, 3655 Togo Road - Conditional Use Pennit and Variances • Resolution 7. #05-3110 Thomas and Sheila Browne. 760 Brown Road South - Variance 8. #05-3111 Water Street Homes, LLC on behalf of Randall and Sara Hogan, 2260 Fox Street - Conditional Use Permit and Variances - Resolution 9. #05-3114 Peter J. Boyer on behalf of Sever and Sharon Peterson, 3145 North Shore Drive - Variances 10. Jack and Kari Olson, 1966 Shady>vood Road - Iirquiry MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 11. Award Contract for Navar e Water Tower Repainting 12. Award Contract for Highway 12 Sanitary Sewer Pipe Bursting CITY ADMINISTRATOR'S REPORT 13. Wayxata Fire Service Agreement 14. Long Lake Fire Station Invoice 15. Accept Donation for Police Reserves 16. Urban Hennepin County Joint Cooperative Agreement (CDBG) for Fiscal Year 2006-2008 - Resolution 17. No Aaaessmenis for TownJine Road Improvements • Resolution 18. Big Island Veterans Cimp • Slate Funding - Resolution 19. Hire Full Time Community Service Orficer CITY ATTORNEY’S REPORT * 20 LICENSES Kennel License Gambling - Resolution Temporary On Sale Liquor Licenae - Sister Kenny Foundation Special Event P«niit • 21. BILLS 06-3106 UPCOMING ISSUES AND EVENTS 2005 06/13 • Council Meeting, Monday, 7.00 p.m. 06/20 • Planniag Commission Meeting, Monday, 6 00 pm 7706/21 - Council Work Session, Thursday, 5:45 p.uL 06/27 • Council Meeting, Monday, 7:00 p.m. 06/30 • Council Work Session, Thursday, 5:45 p m. 07/04 * HOLIDAY, Observance of Indepeiulaicc Day 07/05 - Park Conuniision Meeting, Tuesday. 7 00 p m. 07/06 - Planning Commission Work Session, Wednesday, 5 30 p m. 07/11 - Council Meeting, Monday, 7 00 p.m. 07/14 - Council Work Senion, Thursday, 5:45 p.m 07/18 - Plaaning Coouniasion Meeting, Monday, 6 00 pm. 07/25 • Council Meetiiig, Monday, 7:00 p.tn. ... Date Application Received: 3-22-OS Date Application Considered u Complete: 4>ll>05 Initial 60-Day Review Period Eipires: 6-10-05 Notified of 60-day Eiteaslon on 5-17-05 to: 8-9-05 I sms REQUEST FOR COUNCIL ACTION Date: May 31,2005 Item No.: ly Department Approval: Name: Michael P. Oaflhm Title: Planning Director ministnitor Approval:Agenda Section: 2tening Item DcacriptioB: #05-3102 Kathryn Alexander for Stonewood Design/Build, 920 Brown Rd. S.- Variances - Resolution Lbtof Exhibito A - Resolution B - Notice of Planning Commission Action 5-17-05 C - Revised Plans Received 5-31 -05 D - Plans Submitted at 5-16-05 PC Meeting for Discussion E - Draft Planning Commission Minutes 5-16-05 F - Memo and Selected Exhibits of 5-12-05 AnMcatkm Simmtary: Applicants initially requested lot area, lot width and left and right side setback variances to construct a new residence on the property (teardown and total rebuild). Planning Commission tabled this at their April meeting to allow applicant to submit a revised plan that minimizes or eliminates the side setback variances. A number of options for revision were reviewed by Planning Commission at their May 16 meeting. PlttHitUtg ComnUssioH Recommendation: On May 16 Planning Corrunission voted 5-1 to recommend approval of lot area and lot width variances and approval of side setbacks of 20' on each side, subject to provision of a plan similar in size and shape to the angled-garage plan submitted at the May 16 meeting (but flipped left-to-righ(). (A revised plan meeting these criteria has been submitted and is attached as Exhibit Q. Stair Rccommendatloa Staff concurs with the conclusion of the Planning Commission, and recommends approval of the area, width and side setback variances per the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. r iS A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 7M20(b) nLE NO. 05-3102 WHEREAS, JefiGrey Sven Gustafson, a single person (hereinafter "the applicant"), represented by Kathryn Alexander, is owner of the property located at 920 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: The West 400 feet of the South 110 feet of the North 580.38 feet of the Northwest Quarter of the Northeast (Quarter of Section 10, Township 117, Range 23, except road, Hennepin County, Minnesota (hereinafter "the property"); (also identified as PINS lO-117-23 12 0002); and WHEREAS, the applicant has submitted an fq)plication requesting variances to Municipal Zoning Code Section 78-420(b) to permit the construction of a single family residence on a lot of area 40,385 s.f. (0.93 acre) and width of 110 feet where a lot area of87,120 s.f. (2.0 acres) and width of200* are normally required, and to permit such residence structure to be locat^ 20’ from the north and south side lot lines where a 30’ side setback is normally requited. WHEREAS, after due published notice and mailed notice in accordance with Minnerota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Coi^ission held a public hearing on April 18,2005 and May 16,2005, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Miruiesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #05-3102. Tte properly is located in the RR-IB Rural Residential Zoning District requiring a minimum lot area of 2.0 acres and a minimum lot width of200 feet for residential development The property is iqqnoximately 0.93 acres in dry buildable area and approximately 110 feet in defined vridth. Page 1 of 4 1 V 'fi VfW'iiaiL' 3. w 4^. .» ' 4. 5. The Planning Commission reviewed the variance application at a public hearing held on April 18, 2005 and reviewed a revised plan on May 16, 2005. Planning Commission subsequently recommended approval of the requested variances for the revised plan by a vote of 5-1 based on the following findings and hardships: a)The property has an existing house and is within the Metropolitan Urban Service Area (MUSA). The applicant has agreed to pay the costs of extension of a pressure sewer line down Brown Road from the existing Webber Hills sewer lateral, and therefore does not need to provide a septic system for the proposed new residence. There is no adjacent land available for applicant to acquire to make the property more conforming in area or width. The zoning standards when applied to this property limit the width of the home and attached garage to 50*, which will result in a home that is longer thm it is wide, causing a greater visual impact as viewed from the two adjacent homes than is typical in the immediate neighborhood. Allowing side setbacks of 20’ instead of the required 30 ’ will result in a house that is better proportioned to fit into the neighborhood, as long as the extent of the encroachment of the side yards is limited to primarily the house in the southerly side yard and the gar^e on the northerly side yard. This will not create a situation of increased visual density nor be out of character with the neighborhood. The applicant has provided a site plan meeting these goals. The City Council has considered this application including the findings and recommendations 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 welfruv 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 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 keq)ing with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 I CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 78<420(b) to permit the construction of a single family residence on a lot of area 40,385 s.f. (0.93 acre) and width of 110 feet where a lot area of87,120 s.f. (2.0 acres) and width of 200 ’ are nomudly required, and to permit such residence structure to be located 20’ fiom the nmrth and south side lot lines where a 30’ side setback is normally required, subject to the following conditions: 1.Council q)proval is based on the site plan submitted by the iqiplicant and attached to this resolution as Exhibit A. Any amendments to the site plan which are not in conformity with Ci^ codes will require further Planning Conunission and City Council review. 2.Audimties granted by this resolution run with the property not with the rq>plicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council apinoval, or the variance will expire on that date (June 13,2006). 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, aixi shall be punishable as a mis^meanor. '■■. i The undersigned aj^Ucant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant ’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 2005. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA Page 3 of 4 ;1 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of j2005 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 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Jeffrey Sven Oustafidn, a single person. day of ,2005 Notary Public Page 4 of4 r CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Cryetai Bay, MN 55323 (952) 240^600_______ ZONING FILE #05-3102 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; May 17, 2005 TO: Stonewood Design/Build 4420 Shoreline Drive Spring Park, MN 55384 COPIES: Katliryn Alexander 401 East Lake Street Wayzata, MN 55391 TYPE OF APPLICATION: Lot area, width, side setback variances DATE OF MEETING: May 16, 2005 Motioo: To recommend approval of lot area and lot width variances and approval of side setbacks of 20^ on each aide, subject to provision of a plan similar in size and shape to the angled-garage plan submitted at the May 16 meeting (but flipped left-to-right). VOTE: 5 FOR 1 AGAINST Applicant's next scheduled meeting is confirmed as: This item can be placed on the Council’s May 23 agenda for discussion and preliminary approval if you can provide the above floor plans, elevation views and revised site plan by noon on Thursday Mav 19. A resolution reflecting Council’s conclusion would be scheduled for the June 13 council meeting. Note: Revised plans must be submitted no later than Hoon on Thursday, May /9 to ensure placement on the May 23 Ckiuncil agenda. 6(Way ExtensioB Notlflcation: State law provides that Cities shall make decisions on zoning requests within 60 daj's from the date of complete application, and that this review period may be extended by notification to the ^plicant. Your application was received on March 22, 2005 and deemed as complete on April 11,2005, hence the initial 60-day review period would end on June 10,2005. However, because your application was tabled by the Planning Commission in April, the earliest potential date of final Council action falls after the initial 60-day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to August 9. 2005. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffion at 952-249-4600. { I -f’ -‘IK R11B ZONING (2 ACRE MIN.) REQUIRES VARIANCE FOR < 200 FT WIDTH SETBACKS FRONT=50 SIDES=30 REAP=50 _ / EXISTING 0.93 ACRE 110 EXIST HOU! ^^0.0 I in(/> Mh- 68.3 41 SOUTH 242 , ' / ' PROPOSED 0.93 ACRE 110 121 _________C.- / PROPOSED VARIANCES 2.0 ACRE TO EXISTING 0.93 ACRE LOT WIDTH FROM 200 FEET TO EXISTING 110 FEET NORTH 20 SOUTH & 20 NORTH 164 HO, 158 DECI^' (EXISTING TO BE REM qV e D) SIDE SETBACKS FROM 30 FEET TO 20 FEET tU.’i400.04 /■.. EXISTING HOUSE . J ' ^ lei iJWAVEL 6.35 in_ ______\in /'nF ^ > kJ F03/4 7.8 EAST / AND 40 NORTH OF PROP.COR. NOTE EXISTING SWALE ON N 89°19'J4" E <400.04 y f V 0?' \ ^ POND y ROPOSED ELEVATIONS ARAGE FL00R=954.5 OP OF FOUNDATION =954.8 OWEST FLOOR=946.0 (WO) 25p + 15340SF/ 0.35AC SCALE FEET PROPOSED HARDCOXR 75 75-250 \ 32^SF;ZQ^07 AC 21825SF / 0.50 AC ) X 0% = 0\SF HC X 25% = 5456 SF HC i HOUSE = 2407 SF (11T)%)\ HOUSE = 462 SF STEP = 132 SF .y^ ^ DRIVE = 2835 SF PORCH = 188 S^EXISTING TOTAL = 3297 SF DECKS = 240^ house (21.5%) WALK = 71 SF #930 TOTAL = 3400 S^ (15.6%) house IS 7.1% OF TOTAL LOT AREA 5/31/05 REV HO. SITE, GROG, HC 5/5/05 REV HO. 9TE. ORDC. HC 4/15/05 AOOTW. ORAMAGC ARROWS. NOTES SHED 0 SF (0%) LEGAL DESCRIPTION: THE WEST 400 OF THE SOUTH 110 FEET OF X 30% = 4600SF HC THE NORTH 580.38 FEET OF THE NW 1/4 OF THE NE 1/4 SEC. 10, T. 117, R.23. EXCEPT ROAD, HENNEPIN COUNTY, MN. ADDRESS = 920 BROWN ROAD S. PID#1 0-117-23-12-0002 LOT AREA = 40400 SF/ 0.93 AC ^ * EXISTNG SPOT ELEVATION. X(998.0) - PROPOSED SPOT ELEVATION ■ - DIRECTION SURFACE DRANAGE PROJECT NO. BUILDING PERMIT SURVEY Frank R. Cardarelle Surveyor 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, MN. 55344 952-941-3031 “^^EPT. 12, 2004 PMX. "EVISI0HS4/11/05 SETBACK ZONES, HC PROP. HO. GROG. HC MAR. 21. 2005 HER9Y CCRTTY THAT TH5 SURVEY WAS PREPARED BY MqOR UNDER MY DMECT SUPERVSON AND TN^4 AM A DULY REGSTERED LAND SURVEYOR VI^A^^OF T»€ STATE Of l^fCSOTA — FRANCIS RESIDENCE STONE WOOD DESIGN ;i::.: • J:ml-v,::;• *:<lMlafev 1:fiii« , ^-./V,;;;:<•. ;;v.: ,; , . • #4t. » •■ -^. r . ,;r. * «• b Hi • I ^ I HI ■ k. • HI I m I I Ilf • nil HI I HI liHI ■ HI I HI • HI I III l'••HII Hll HIIHfl Hll HI! Hit Hll * Hit I'll Hit Hit Hll HIIHfl HIIHI / tmiHIlV' "I I HI I HI I HI I HI I HI I HI I HI I /J I • HI I HI 1^ "I I HI I Ilf I HI i HI I HI I HI I V’ /M • __• • HI I V\ '>1 |.|i| ■ HI i HI f id i Ilf i'Hi ■ H m :?■r A A A » . .x^ mm.-.7-'r:---K:m V ^ jSp^ .Vxl#^'»a7^ ‘-^ '♦. «ir' * i - •. * V * . ' -^ ' . v^-i?-- / /<“' y . _________ p-_____ \^ — - ^ \v ^T! ‘"'’T'■■'■■'■‘•tT''"’ ^ .. ■*’«».^^. ..1: . . t ■'•['3* ; • , v.-=- «i, ';• - 1 .|| j . t •-^li-VY iln ■w'f ’■•' ' ' ■* " ' ‘ " ’" ' *■ ^4J %jS;''^ =u.^ ■ '. .w--. * ...";/.!. . *jPNt ^ » *H, , ;:* ll:> r^xnLTMriirAuuLj::»i MarirM jiHi Aircwii. rii« i f.f /''.' . 1 IM M Si' •'- ^>-' ^■, V ft i^? .T fer Sua^irr&^ A^-^<y^f “ K.c.y^r<^CT' ■;■ '; • ' ■: ■. ••••v-r-.. . :vv.; r.v. i' ■ • ^ V,' . 4 f, - ••• •••--n.' 4- ' .. ..‘ I . ■■ r‘ ^ r,f:- >..p- ■ V- ‘i ■ ■■■ •■ 70 foot wide overall width with garage angled. 62 foot wide house without the garage. Would require 10* variance on each side of the property. *•! ML i |![ i % fsj T nkt © 50 foot wide house - no variance to side ^ud setbacks required. House would have a 95 foot long wall, plus the depth of the screen porch. rs /V 62 foot wide overall width with garage strait 62 foot wide house without the garage.A/^ Uc-’ Would require 6* variance on each side of the property. > . All I 1 J1 Hatt IS 05 02t29p Kath» Rlaxandar 952-473-8222 1^- r\ \\i )i R r r. ,’V Mqr 13,2003 To Mike Otflhm A the Planning Coininittion • I mnt that I am not able to be at the planning commusion meeting on the 16'*‘and wanted to racap aome of the thought precem in the design of 920 South Brown Road.I M SK ,\ i .la M I It ii a very anaU lot In the area in conyatison to the lots surrounding h. The need for lot size and width variances alone stand strong to rqMeienl a hardship in needing consideration fi#r a side yard variance. In ny 18 years of working in dties in the Minneapolis area - this haitt«hip aigny hat gotten Bidq«rd setback variances granted in many other conununities. I would ad( you again to give caieflU consideration to smaller side yard setbadu that would be piopoftionate to the lot In rs^contidering the design tar a house at 920 S. Brown Road, I have walked the lot and looked at the two neighboring houses, views and lay of the land. The house itself is designed to stay sinall. The prospective buyers are empty nesters and want a compact ibotprim-2118 $q. ft.. wiOi a . main floor Master Bedroom. This will be a one level home with a walkout basement The real issue is. where docs the garage go if it is to attach to the house? The buyers would really prefer m an^M gauge to minimiae itt protrosion to the from and side. This will not work without 13 It side yards. The landscape dictates that a tuck under will not work. A front feeing garage cover rnoic tMn 30S of the fecc of the house and truly look like a tract home on r beautiy piece of land. An L.ahapcd garage will work but also may overpower the house dspMding on how set back from the house it can be. It also dictates that the garage must be kept on the aide of the lot due to the grade of the land and driveway. This appears to be the best solution beeed on city icquitemenu. l^d ask yw to consider gnming a variance on one side of the lot to 18 A. instead of the normal 30 It. requirad in this gone. Since the lot itself snd tiie lot width require variances in order to eyCT pnU a building pemiit, this aeana like a logical Aftir variance to grant bated on the hardship of the small lot in a 2 acre aone. Thank you Ibr your time A attention to this mailer. Sincerely, REstOErrnAL mmoiNC design Kathryn Alexander <01 EAST IAKS STREET WMVZAXA.MNSSXI1 - t (952) <734777 V Maw IS 05 02t29p Katha Rlaxandar 952>473-8222 P- 1 \l I \ \\l )1 K' * ■ tt I >1 'h .\ V ,u» X r FAX COVER FROM;^^Ai^)cA4Joae_ NUMBER OP PAGES IN^LUDINC COVER: a. R£SiDENTlAL BUILDING DESCN j I %fi ’ V iP? 401 E ast i^k£ stheet , f^ni^ • id’ WyZArA.MN5SWI -. i i-. C952) 473^777 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.nn. placement of permitteh.8tairways and landings. Jurgens stated perhaps the language should be modified to address maintenance ororoperties. Jurgens noted the code does allow limited pruning. Gaflron stated in the past pe<»ie were allowed to prune along the shoreline without a pe^t but that under the amendment they wouldsbe required to apply for a permit. Winkey recommended the public comments received tonight be taken into consideration. Lane inquired what would happen if the\ind or other forces of nature kno<^ down the trees. Smith stated she was forced to remove 72 tiw as a result of one wityutorm ana commented that the cost to obtain a permit to remove the trees would be rastly. Bremer noted the fee would not apply to each tree. Rahn stated he is in agreement with Winkey and that tK^concems of the residents should be taken into consideration and that the amendment should be^led. Whitman inquired what process would be followed in approvi^ this ordinance amendment and whether the public could attend the meeting. Bremer stated the hearing would hdopen to the public and that the City would also be obtaining the opinion of the City Attorney on the language contained within the amendment. Bremer stated she would like to see some thought m into incorporating language into the amendmenNo deal with previously approved situations. Kempf suggest^the City address what it feels is intensive clearing of a lot. KemV noted buckthorn does have a ten^cy to take over an area and that there needs to be a plan to address its re^val. Rah^oved, Bremer seconded, to table Application #05-3098, City ofOrono, Sectioi 78-1285,Shorcland Management, Zoning Code Amendment. VOTE: Ayes 6, Nays 0. 2. #05-3102 KATHRYN ALEXANDER ON BEHALF OF J. SVEN GUSTAFSON, 920 BROWN ROAD SOUTH, VARIANCES, 6:56 P.M. - 7:23 P.M. J. Sven Gustafson, Applicant, was present. Rick and Janet Francis, propeilv owners, were present. A ' % ■ MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.m. Gaffron noted a letter was received from Kathryn Alexander supporting her position regarding the request for variances. Gaffion stated at the last Planning Commission meeting the applicants had proposed side setback variances on both sides to allow a new home to be located IS.S feet from the north side lot line and 1S feet from the south side lot line. The applicants have since revised their plans and are now proposing a north tide setback of 18 feet where 30 feet would normally be required in addition to lot area and lot width variances. The applicants have eliminated the request for a south side setback variance. Staff recommends approval of the lot width and lot area variances. Staff is recommending that the Planning Commission discuss the revised plans and determine whether there is hardship or justification for the side lot setback variance. Gaffron noted at the last meeting a discussion was had regarding the long narrow lot and how the same size footprint, without the side yard setback, would make the house longer and have a greater view impact on the neighbors. Gaffron stated the applicants are willing to remove two trees to relocate the driveway to meet the five-foot setback from the south lot line. GafGron noted there are no hardcover or structural issues on this property. Gustafton stated they have taken the Planning Commission’s comments into consideration and have revised their proposal to limit a variance on only one side of the property. Gustafson indicated he would prefer to q)iit the distance between both sides of the property line. Gustafron stated the trees that they are proposing to remove are cottonwoods and that the neighbors are not opposed to the removal. Gustafson distributed three different footprints of the type of home the property owners would prefer to be built on this lot. Gustafson indicated the neighbors are not particularly in favor of the house designs given the length of the house. Gustafson stated in his opinion the neighbors would prefer the difference be split and the house made wider, which is also the property owner’s preference. Rahn stated it appears that the survey conflicts with the original floor plan and questioned whether the deck and porch would encroach into the side yard setback. Rahn stated he would not be in favor of w* a jr^e-» as MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.ni. approving a deck or a porch if it encroaches into the side yard setback. Rahn stated Exhibits B1 and B2 show the deck located outside of the dining room and the screen porch encroaching. Otistafson agreed they do appear to be inconsistent. Rahn stated he does not have a nujor issue with the garage encroaching but would not be in support of the deck or porch encroaching into the side yard setback. Rahn noted the neighbor to the north had asked that the home not encroach any closer than 24 feet. Gustafson stated the neighbor has indicated he would prefer a wider home rather than a longer home. Gustafson stated the angled garage is less of an encroachment on the neighboring property. Winkey inquired what plan the applicant would like the Planning Commission to focus on. Gustafson stated they would like the Planning Commission to look at the first plan in the packet distributed tonight. Rahn noted that plan calls for a 10-foot encroachment on each side. Rahn pointed out Staff has not had time to review the plan being proposed by the applicant tonight. Gustafoon stated they would like some direction from the Planning Commission on whether they would be acceptable to an angled garage. Rahn stated it was his recollection that the Planning Commission would be acceptable to a minor encroachment. David Skeie, 860 Brown Road South, stated he has resided to the north of this property for 28 years. Skeie indicated there is a grove of trees between his house and the proposed residence and that he is not opposed to the plan being proposed tonight by the applicant. Skeie stated he would prefer to have the house wider rather than longer. Kempf stated he sees the advantage to the shorter building and that a comer of the garage encroaching into the side yard setback is not as significant as the encroachment of the entire side of the garage. Jurgens inquired what the total length of the house with the angled garage is. Gustafoon stated it is 70 feet wide and 80 feet long, which includes the deck. n ' i I i- I <. fVl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.m. Jurgens inquired what the length of the home with the L-shaped garage is on the survey'. Gustafson stated it is 96.10. Jurgens noted that is an additional 17 feet in depth, and inquired whether the back of the house would be going east if the house is constructed longer on this lot rather than wider. Gustafson stated the house would probably be pushed further to the east. Winkey inquired whether the house has been reduced ten feet by whether it is angled differently on the lot. Gustafton stated the size of the house was reduced and the layout of the house was rearranged somewhat. Winkey stated his recollection of the last Planning Commission meeting the applicant was given direction to minimize the encroachment and that this proposal is a good step towards achieving that goal. Fritzler inquired what the side yard setback would be with the angled garage. Gustafson stated it would be 20 feet Bremer stated she is in agreement with Commissioner Winkey and that the plan being proposed tonight is a good compromise. Bremer noted one of the goals in reviewing variances is to protect the future property ownen of the adjoining lots and that it ought be necessary to reduce the encroachment into the side yard setback. Bremer stated the size of the lot in her view does constitute some hardship. Rahn inquired whether it would be necessary for this application to re^pear before the Planning Commission if the Planning Commission is in &vor of the 20-foot side yard setback. Gaffiron stated in his view the applicant could submit a plan depicting exactly what is being proposed tonight for staff review and would not have to reappear before the Planning Commission. Rahn stated he would prefer to see a home that does not go deeper, which would be more intrusive to the neighbors. Bremer noted the encroachment does not go the entire length of the lot but is rather a limited area. Fritzler stated he prefers the angled garage even though it does encroach into the side yard setback rather than the longer house. id L J MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.m. Jurgens indicated he would prefer to see the specific plan prior to approval. Rahn noved, Kempf seconded, to recommend approval of Application #05-3102, Kathryn Alexander for Stonewood Design/Build, 920 Brown Road South, granting of a 20-foot side yard setback to the north and a 20-foot side yard setback to the south, with the understanding that the footprint proposed to be constructed is the one contained on page two of the handout and should be Identical to that floor plan except with a reverse Image. VOTE: Ayes 5, Nays 1, Jurgens Opposed. Jurgens reiterated he would prefer to see the specific plan prior to approving it. NEW BUSINESS 3. #05-3100 LARRY AND SHERYL PALM, 1146 WILDHURST TRAIL, VARIANCE AND CONDITIONAL USE PERMIT, 7:24 P.M. - 8:25 P.M. Sheryl and Larry Palm, Applicants, and Blake Duchanich, West Lake Street, Orono, was present. Gundlach stated the applicant is requesting a lot area variance, a lot width variance, and a conditional use permit to allow retaining walls and grading within five feet of the adjoining lot line. Staff has concerns regarding the grading plan for this specific lot and the number of retaining walls being proposed, some as high as 14 feet high. Gundlach stated the concenu deal with the height of the walls as well as maintenance of the walls and the need to construct a swale. Gundlach stated four grading plan? have been submitted, with the City Engineering having reviewed two of them. Staff also has a concern that the current plan does not address construction on steep slopes. Gundlach indicated the City’s code defines a steep slope as “land having average slopes of 12 percent or greater as measured over horizontal distances of 50 feet or more that are not bluffs.” The Planning Commission should discuss whether screening should be required for any retaining walls and structures in an effort to preserve existing vegetation screening as viewed from the lake Date Application Received: 3/22/OS Date Application Coneldered at Complete: 4/11/05 60-Day Review Period Expiree: 6/lO/OS z TO: FROM: DATE: Chair Rahn and Orono Planning Commission Ron Moorse, City Administrator Mike GafTron, Planning Directoo^^/^^^ May 12,2005 SUBJECT: #05-3102 Kathryn Alexander for Stonewood Design/Build, 920 Brown Rd. S. - Variances - REVISED PLAN -Public Hearing .........................-....- -..... f r •. ;■ , Zoning District: Lot Arca/Width: ■M \, RR-IB, Single Family Rural Residential, 2-acre/200’ minimum , _ 40,385 s.f. (0.93 acre) / 110’ V • ■ /, f V, ; Application Summary: Applicants have revised their plans by eliminating the request for a right (south) side setback variance, and are proposing a left (north) side setback of 18’ where 30’ would normally bo required, i.e. a variance of 12’. The request still includes lot area and lot width variances to construct a new residence on the property. This will be a leardown and total rebuild. . Staff Raeommendation: Staff recommends approval of the lot area and width variances. Plaiming Commission should determine whether there is sufficient hardship or justification to recommend granting of the side setback variance. 1 . * * ' . • f • •'» . -I Pertinent Code Sections Section 78-420(b): RR-IB Standards: Required Lot Area: . 2.0 acres Required Lot Width: 200’ Required Side Yard: 30* V' , . .• n. - - - >',.r"u., - List of Exhibits ^ ‘ A - Revised survey/site plan B - Revised plans and elevation views C - PC Action Notice 4-21-05 D - Draft PC Minutes of April 18 Meeting r-» k.- . - V t. .» Background r '*0 V.. .• Vi/ ‘t'.'”. M a ■ « % * s: .■ -‘i- : - ..V; . • t ■ K • V * ’ *•• *^ .*'. . *»a . . «■■ ■ . « ,f ■J' Lot Area and Width Variances. Applicants are requesting a lot area variance to allow construction of a new residence to replace the existing older home on a lot 40,385 s.f. or 0.93 acres in area and 110’ in width where a lot area of 87,120 s.f. and lot width of 200’ are required. V* .' A #0»102 920 Brown Rd. S. May 12.2005 Page 2 Side Setback Variancea. Applicants initially requested side setback variances on both sides, to allow a new home to be located 15.5 ’ from the north side lot line and 15.0 ’ from the south side lot line where 30 ’ side setbacks are normally required. The revised plan has ‘squared up’ the home with the lot lines, removing the angle. The new proposal meets the 30 ’ right side setback, but proposes an 18 ’ side setback on the north side, requiring a 12 ’ variance. f Typical of long, relatively narrow lots is that for a given square footage of footprint, as the structure gets narrower, it increases in length. The impact for the immediate neighborhood in -this case is that a»longer-facade is exposed to both sides as compared to the initial design proposed for this site. Applicant notes that the neighbors to the north, who expressed concern about the original design being close to the line, might be more negatively impacted by the length inherent in the new design. Driveway Relocated. Applicants have determined that the two trees along the north side of the driveway are expendable, and the revised plans show the driveway moved northward to meet the required 5’ seAack. GraduiR Plan Revuted. A revised grading plan has been provided that, subject to approval by the City Engineer, appears to direct runoff to the east and not directly to adjoining properties. This does appear to require grading of swales within 5’ of the adjoining lot line, which is allowed. REVISED LOT ANALYSIS WORKSHEET Lot Area/Width: RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acre)200' Actual 40,385 s.f. (0.93 acre)110 ’ Yards/Sed>acks Required Existing Initial Proposal Revised Plan Front Yard 50'(to be removed)131 ’97 ’ Rear Yard 50'(to be removed)163'178 ’ Ri^t Side Yard (South)30'(to be removed)15 ’ (att gar.)30 ’ Left Side Yard (North)30'(to be removed)15.5'18.0* Lake (929.4 ’ contour)r 75*(to be removed)180 ’±200' + Average Lakeahore No Encroachment (All homes in line)No encroachment No encroachment i .. ■ r. I . MiiliilTiiiilii'i ita Vi #05-3102 920 Brown Rd. S. May 12,2005 Page 3 Structural Coverage: Total Lot Area Total Structural Coverage 40,400 s.f. (0.93 ac.)Allowed: 6,060s.f. (15.0%) Initial Proposal: 3,463 s.f. (8.6 %) Revised Plan: 3,714 s.f. (9.2%) "Hardcover Calciilaittbiiii:' Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Revised Hardcover 0-75’3,220 s.f.0%(to be removed)Os.f (0%) 75-250'21,825 s.f 5,456 s.f (25 %)(to be removed)2,498 s.f (11.4%) 250-500’^ 15,340 s.f 4,602 s.f (30%)(to be removed)4,294 s.f (28.0 %) Totals 40,385 s.f 1 10,058 sf (to be removed)6,792 s.f Hardihlp Statement & Analysis (Refer to comments finm April 14 Memo) Summary of Issues for Consideration 1. Is the existing lot size sufficient hardship to support granting of the lot area and width variances? 2.Are Aere hardships present that support granting of the side setback variances? Is the 50’ wide buildable envelope so limiting as to be considered a hardship? 3.Would granting of the north side setback variance of 12’ be appropriate in the context oftUs neighborhood and the locations of neighboring homes? Is the impact of additional stnicture length while requiring less side setback encroachment, a positive or negative for the neighborhood? Are there any other issues with this proposed rebuild? JC-- i MM102 920 Brown Rd. S. May 12.200S Paged staff Recommendatiou Staff recommends approval of the lot area and width variances. Planning Commission should determine whether there is sufficient hardship or justification to recommend granting of the side setback variance. * I • . ■■ rv. ; i r')*' '. ■., *• • • ■ r-; / - ] ■ 4 1 *'h R11B ZONING (2 ACRE MIN.) REQUIRES VARIANCE FOR < 200 FT WIDTH SETBACKS FR0NT=50 SIDES=30 REAR=50 . EXISTING 0.93 ACRE 110 68.3 41 SOUTH 242 I tn(/i PROPOSED 0.93 ACRE 110 PROPOSED VARIANCES 2.0 ACRE TO EXISTING 0.93 ACRE LOT WIDTH FROM 200 FEET TO EXISTING 110 FEET NORTH 30 SOUTH &18 NORTH 1 SIDE SETBACKS FROM 30 FEET TO 18 FEET 178 HO. 172 DECK'^ (EXISTING TO BE REMg^/ED) / 4moT /■ i q (d FRAf^S 3/?£-5/Z7£7VC£y "*■ TFt=954'^i. > I - % \2.0 I- _ _ / y 242 .............. / ;SBI^/ NOTE EXISfTWG SWALE ON LOT LI N89°19'34"E <400.04 \ yPROPOSED HARDCOVER X PROPOSED ELEVATIONS GARAGE FLOOR=954.5 TOP OF FOUNDATION =954.8 LOWEST FLOOR=946.0 (WO) \ ^ \ , ..■ir'i C?' A Uj yi,' FD3/4 7.8 FAST / AND 4.0 NORTH OF PROP.COR. ROW 87-12'* TREE I 15340SF/ 0.35AC \ SCALE IN FEET « EXISTING SPOT ELEVATION. X(998.0) - PROPOSED SPOT ELEVATION .« OIRECTiON SURFACE DRAINAGE ^\75 75-250 3220SF/Q,p7.. AC 21825SF/0.50AC X 0% = "OxSF HC X25% = 5456SF HC ‘ IX 30% = 46003F HC ■ PORCH - mo^sf = 1000 SF n?rKF r offi If DRIVE = 3190 SF Id^/c “ STEP = 50 SF TO^ "L oaq I^If * total = 4294 SF ' ■ HOUSE IS 8.1% OF TOTAL LOT AREA5/5/05 REV HO, SITE. GROG, HC 405/05 ADOTNL DRAINAGE ARROWi NOTES y ^ j. y <P / ^ POND LEGAL DESCRIPTION: THE WEST 400 OF THE SOUTH 110 FEET OF THE NORTH 580.38 FEET OF THE NW 1/4 OF THE NE 1/4 SEC. 10, T. 117, R.23. EXCEPT ROAD. HENNEPIN COUNTY, MN. ADDRESS = 920 BROWN ROAD S. PID/jMO-117-23-12-0002 LOT AREA = 40400 SF/ 0.93 AC PAGE®*^IEPT. 12. 2004 Ri^is6NS4/l1/d5 SET^^a C k ZONE^. HC ^ PROP. HQ^GRDG. HC MAR. 21. 2005 HEREBYBy me THAT I lUNDER FRANK LAND SURVEYOR Of MMNESOTA. NO. 8506 BUILDING PERMIT SURVEY FRANCIS RESIDENCE STONE WOOD DESIGN „ . LandFrank R. Cardarelle Surveyor 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, MN. 55344 952-941-3031 --* .T ir 1 1 G CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay^ MN 55323 (952) 24M600 ____________ TO: Stonewood Design/Build 4420 Shoreline Drive Spring Park, MN 55384 ZONING FILE #05-3102 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; April 21. 2005 COPIES: Kathryn Alexander 401 East Lake Street Wayzata, MN 55391 TYPE OF APPLICATION: Lot area, width, side setback variances DATE OF MEETING: April 18. 2005 Motion: To table the application to allow ^>plicant to submit a revised plan that minimizes or eliminates the side setback variances. It was noted that the lot area and width variances are not an issue. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confinned as: Planning Commission - Monday, May 16, 2(K>5; meeting starts at 6:00 p.m. Note: Revised plans should be submitted no later than FrUoyt M<iy 6 to ensure placement on the May 16 agenda. If you deL--^ certieed copies of the official Planning Commission minutes, they are available from the City Recorder after review and qiproval by the Planning Commission. If you h? x questions, please call Planning Director Mike Gaffron at 952-249-4600. .. s minutes OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’dock p.m. the 0-75* ^ and concrete walk within the 0-75’ and 7S’-250» zones around the norlji^c of the detached garage including the removal of the shed from the 75*-250’ zone. Mrs. Outllaume no^the shed consists of 192 square feel and that it would notjdiuce the hardcover significantly. ::.::.'Bjlhn.:U)quitBd.whether. 192 Square feet could be removed elsewhere. Leslie stated he would like to se^a further reduction in the hardty^r than what is being recommended by Staff. Jurgens noted the Planning ConunissionV^ recommenjji^ body and that the applicants could express their opinions to the Council. Mr. Guillaume inquired whether both the 8hcAifi^*qoncretc pad would need to be removed. Leslie stated his motion would include rei^al of thc\ed and the concrete underneath. Winkey suggested looking at an eqmyflent reduction of 19iSMuare feet within the 75’-250* zone. Mr. Guillaume stated he would^^r^ to reduce the driveway somewhat rather than remove the shed. Leslie amended his motira^ require a reduction of 192 squareWt of hardcover within the 75'-250* zone rathei^n requiring the removal of the shed and coi^ete pad within the 75’-2S0’ zone. Winkey seeded the motion. Fritzler mqui^whether the shed should be relocated to a conforming location^*. Leslie ntatm bis motion would remain as slated. Ayes 7, Nays 0. -■i * ‘ I -• 9.M15-3102 KATHRYN ALEXANDER ON BEHALF OF J. SVEN GUSTAFSON, 920 BROWN ROAD SOUTH - VARIANCE, 8:03 F.M. - 8:28 P.M. Kathryn Alexander. Architect, and J. Sven Gustafson, Applicant, were present Gaffion stated the applicants are requesting lot area, lot width, and left and right side setback variances to construct a new residence on the property to permit the razing and rebuilding of the existing residence. MINUTES OP THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o'clock p.m. The prc^rty is located in the RR-IB, single-family rural residential district, and has a twc-acre minimum lot size. The lot consists of40,385 square feet. The applicants are requesting side setback variances to allow a new home to be located IS.S feet from the r;.:. north side lot line and 15.0 feet from the south side lot line. Tlic adjacent resident to the south is approxinoately 41..feet.fi:om-tlie side lot line, and its separation, from the existing house at 920 Brown Road is approximately 125 feet. Under the proposed plan with a 15-foot setback, the separation between these homes is reduced to 70 feet. The applicants have indicated that the zoning when applied to this properQr makes it unbuildable for a home that would be proportionate with other homes in the neighboriiood and in character with the style of home that is currently being built as Orono’s rural area re develops. The width of the remaining buildable envelope is 50 feet when the 30-foot side setbacks are met. Ga£hon noted many substantial homes no wider than 50 feet are being built today on smaller lots in Orono and that the side setbacks could be rtssolved through creative design rather than variances. fn ■■ I / OafBron stated the proposed site grading plan have the existing driveway remainiiig. The existing driveway is less than the required five feet from the side lot lire, but its relocation slightly northward to meet die five-foot requirement would result in the removal of two mature aspen trees abutting the north side of the driveway. The topography of the site also limits the driveway relocation. Staff recommends approval of tL. 4 area and width variances and denial of the side setback variances. Alexander stated Exhibit H illustrates the size of the lot compared to the surrounding lots and that the hardship is the size of the lot. Alexander stated normally lots consisting of one acre have ten-foot side yard setbacks and requested some leniency be given due to the size of the lot. Alexander stated the terrain and the approach to the house makes it difficult to access the residence and have a turnaround. Alexander indicated there is not sufficient room to construct a side-loading garage. Gustafson indicated they are adempting to construct a bouse that fits in with the character of the neighborhood and that the size of the proposed house fits in with the rest of the residences that have been PAGE 22 ■flirwni iimiMt LaI' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. constructed in this area. Gustafson stated other SS-fool houses have been constructed on small lots along the lakeshorc. Alexander noted the allowed structural coverage is 15 percent and that they are only using 7.5 percent. Rahn inquired whether there were any public comments regarding this application. jr.;.v-v.=_.David Skei.^'860 South Brown, stated-the existing house is 24.5 feet from the side lot line and that he 11 t would prefer it not be reduced further. O^utaftoD stated the neighbor to the south has indicated he is in favor of the proposal. Fritzler questioned whether the connection of the sewer line to tie in with Weber Hills could be accomplished. Gaffion stated he is unaware if the Public Works Department has approached the County regarding this request, but that it would be a simple extension to the sewer system and would more than likely be approved by the county. Fritzler stated he has a concern if the sewer is unable to be connected. Fritzler inquired whether tliere are any septic sites available on this lot. Gustafson stated two seotic sites have been identified on the lot but that they would like to hook into the sewer line. Fritzler stated he is not in ftvor of the side lot variance and that the turnaround could possibly be relocated. Gustafson stated they would piefer to save the existing two trees. Winkey inquired whether the driveway needs to be angled a certain way in order to allow someone to back out Alexander stated it is largely dun to function and that they are unable to construct a side-loading garage given the amount of room available. Alexander stated with a front-loading garage, more of the garage would be visible. Alexander pointed out if this lot were located in a different zone, it would have different side yard setbacks. PAGE 23 J MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 18,2005 0:00 o’clock p.m. Rahn stated in his view thei« arc ways to design a home to fit onto a 50-foot building pad and that he agrees with Staffs recommendations. Kempf indicated he also is in agreement with Staffs recommendations and that the side yard setbacks are important in protecting tlie rights of the neighbors now and in the future. Kempf commented it is possible ^.^;u^-_-z.rrj.to con8truct-&very nice residence on this lot. Bremer stated some of the houses recently constructed on Watertown Road had the same issue with the side yard setback and that she has some qualms whether 30 feet is the right number for the side yard setback but that in her view IS feet is not sufficient Giistafton inquired whether a small portion of the garage could stick within the side yard setback. Bremer stated that would be less intiusive on that side of the property but noted that the whole length of the house on the other side of the lot would be within the side yard sr .b. ck. Alexander stated typically a SO-foot wide house is going to be a simpler house, and that given the size of the lot, the house would be located deeper, whir*- would be more inlrusive to tlie neighbors. Rahn stated proximity to ti*e adjoining properties is a main concern Gustafson stated a deeper house would be oul of conformity with the rest of the neighborhood and would look out of place. Rahn stated the applicant has to design a house that fits the lot Gustafton reiterated they are irymg to design a house that would fit in with the rest of the neighborhood. Leslie suggested tabling the .• plication and having the applicant look at redesigning the house. Leslie commented he might be in &vor of' / me variance but that he is not in agreenient with the proposed setback. Primer stated he is not in favor of any side yard setback. Jurgens indicated he does not want to express an opinion on the amount of setback and Ural the goal is to be conforming as much as possible. MINUTES OF THE ORONO PLANxHNG COMMISSION MEETING Monday, April 18,2005 6:00 o’clock p.m. 4 Kempf stated there appears to be some leeway on the side yard setback and L'lat he would be willing ti allow some minor encroachment into the 30-foot setback. Rahn indicated he would be in favor of a minor encroachment. Winkey commented he also would be in favor of a minor encroachment but that he would like to see tlie : Jiouse wnfprtn as much as possible. __ • • _ . It was the consensus of the application that variances to lot area and lot width would be approved. Gustafson stated he would like his application tabled. Gustafson inquired whether the driveway would need to be relocated. Jurgens stated be likes to preserve trees but suggested the applicant look at reconfiguring the driveway if at all possible. LesUe moved, Jurgens seconded, to table Application #05-3102, Kathryn Alexander on behalf of J. Sven Gustafson, 920 Brov* n Road South. VOTE: Ayes 7, Nays 0. iO, #05-3103 JACK AND KARI OLSON, 1966 SHADYWOOD ROAD - VARIANCE, 8:28 PM. - 9:01 P.M. Jack and Kari Olson, 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 be converted to living space. The applicants are requesting the following variances! 1. A rear yard setback variance for a 7.5* rear setback where 15’ is required; and A hardcover variance for 48.9 percent within the 0-75’ zone; and A structuial coverage variance for 32 percent or 1,799 square feet structure where 1,500 square feet is normally allowed and 23 percent currently exists; and A principal building setback to allow a fivc-foot setback between the garege and the home where a 10-ibot setback is normally required; and 2. 3. PAGE 25 noi ui/Mi ■S Ditc Applicalioii Rccelvcil: 04-19-05 Date Applicaltoa CoMldercd as Complete: 04-21-05 (0-Day Review Period Eipires: 06-20-05 1 3 2005 tllrOFOROftJO REQUEST FOR COUNCIL ACTION Date: May 25,2005 Item No. 5^ r ■ Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: #05-3108 - Gary A Lynn Christensen - 3560 Ivy Place - Lake, Average Lake, Side Setback, & Hardcover Variances - Resolution Zoning District: Lot Area: Lot Width: LR-IC, One Family Lakeshore Residential, 0.5 acre/100' 0.417 acre (18,167 s.f.) 55 ’ at the shore List of Exhibits: A. Resolution per Planning Commission recommendation B. PC Action Notice C. PC Report A Exhibits of 05-16-05 Applkathm Summary: The applicants are requesting hardcover, side and lake setback variances in order to replace their existing low-pitched garage roof with a steeper pitch to match the roof on their newly remodeled home. The applicants were required to remove hardcover and encroachments on the neighboring property as part of their previous application for the home. The previous application was before the Council in March of this year. Planning Commission Recommendation On May 16, the Planning Commission voted 5-1 to approve the variances as requested. Pbnning Staff Recommendation Approval per the attaciied Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. * . r I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-3S0(B) AND SECTION 78-1288 FILE NO. 05-3108 WHEREAS, Gary A. Christensen & Lynn A. Christensen, husband and wife (hereinafter “the applicants ”) are the owners of the property located at 3560 Ivy Place within the City of Orono (hereinafter the “City”) and legally described as follows: All that part of Lot 185 lying Northeasterly of a line described as follows: Commencing at a point in the Northwesterly line of said Lot 185 distant 45 feet Northeasterly from the Northwest comer of said lot; thence at a straight line to a point in the Southeasterly line of said lot, which point is distant 45 feet Northeasterly from the most Southerly comer of said lot, in Taylor’s Subdivision of Spring Park Lots, according to the plat thereof on file or of record in the offices of the Register of Deeds in and for Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (b) to allow the construction of a half story over the existing garage 69* from the OHWL of Lake Minnetonka where 75* is required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (b) to allow the construction of a half story over the existing garage 2.5’ from the side lot line where 10’ is required and 2.5’ currently exists; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal inning Code Section 78-1288 (a) to allow 1,351 s.f. or 32.5% hardcover on the eastern portion of the lot within 75’ of the OHWL where no hardcover is allowed in conjunction with a half story addition; and Page I of 6 .Ji ■ i %WHEREAS) the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (a) and (b) to allow 4001.24 s.f. or 47% hardcover within the 7S*-250’ setback zone where 2S% is normally allowed, 1,351 s.f. hardcover within the easterly 0-75’ zone where 0% is normally allowed, and 2,425 s.f. hardcover within the westerly 0-75’ zone where 0% is normally allowed consistent with previous variance approvals detailed in the Resolution associated with zoning file 05-3078 in conjunction with a half story garage addition. NOW, TH.EREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3108. 2. The property is located in the LR-IC One Family Lakeshore Residential Zoning District which requires a minimum of 0.5 acre in area and a minimum lot width of 100’. f?., 3. The Plaiming Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of hindcover, side setback, lake setback, and average lakeshore setback variances based on the following findings: a. The property is 0.417 acre in area and has 55’ in width measured at a line parallel to the shore or 50 ’ in width perpendicular to the side lot line. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property has 0-75’ zones on two sides. d. The applicants are proposing to reorient the roofline; only attic storage, no additional living space is proposed within the substandard setbacks. Page 2 of 6 5. e. Due to the location of the garage any additions or alterations to the south or west sides of the garage require variances. f. Over half of the existing garage is located within 7S’ of the lake on the west side of the property. A variance is required to change any portion of the structure within 75* of the lake. g. The applicants have agreed to remove portions of nonconforming hardcover and structure in conjunction with setback variance approvals for zoning file #05-3078. 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. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-350(b) and 78-1288 to allow construction of a half story garage additions with a steeper pitched roof 69 ’ from the western OHWL of Lake Minnetonka and 2.5* fh)m the north side lot line, 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 consistent w;th approvals associated with zoning file 05-3078. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 6 J ■I ll -•f . ■ 1m 2. Hardcover in the easterly 0-7S* zone shall not increase above the level of 1,351 s.f. or 32.5%, and hardcover in the westerly 0-75’ zone shall not increase above the level of 2,425 s.f. or 42.2%. Hardcover in the 75-250’ zone shall be limited to 4,001.25 s.f. or 47% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hiudcover 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 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 (June 13,2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. S. 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 13*^ day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 1 i. • I ' ■ » ' , N -V ‘ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13*^ day of June, 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 , 200i by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 ’r i-' . . STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of. by Gary A. Christensen, husband of Lynn A. Christensen. .'A. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Lynn A. Christensen, wife of Gary A. Christensen. Notary Public Page 6 of 6 ,2005 ,2005 J i. ■* \L_______I AllMpMt«rU ati|tii«kiiit^ ftMithtfmcSai fsMseo Fita a Q • wm HNK PiMiD OM SCH080RG LAIKD SURVEYING INC. tm cgi a*, u ! CITY OF ORONO 2750 Kdlcy Parkway POB0166 ZONING FILE 05-3108 NOTICE OF PLANNING COMMISSION ACTION Ciyttal Bay, MN 55323 952J49.4600 DATE OF NOTICE: May 17,2005 TO: Gary ft Lynn Christensen 3S(»G Ivy Place Wayzata, MN SS391 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: May 16,2005 Planning Cammission rccomnicadcd as follows: Approval of the lake setback, side setback and hardcover variances in order to raise the pitch of the garage roof to include attic trusi^s to match the house. VOTE:5 FOR 1 AGAINST Applicant's next scheduled meeting is confirmed as; CUk Connell - Jane 13,2005 - Mooting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. .... V L FILE «05-3108 11 May 2005 Page 1 of 4 Dale Appikatlon Received: 04-19^5 Date Application ConiMered at Complete: 04-28*05 60-Day Review Period Eipirci: 06-28-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Dale: Subject: Melanie Curtis, City Planner May 11,2005 05-3108, Gary A Lynn Christensen, 3560 Ivy Place -Variances • Public Hearing Zoning District: Lot Area: Ul Width: LR-IC, One Family Lakeshore Residential, O.S acre/100* 0.417 acres (18,167 s.f.) 55* measured at a line parallel to the shore; 50* perpendicular to the side lot line /^plication Summary: The applicant is requesting hardcover, side and lake setback variances in order to replace their existing low-pitched garage roof with a steeper pitch. Staff Reeommeudathn: Planning Department Staff recommends approval of the variances in order to construct a steeper pitched roof on the existing garage in the nonconforming location._______________________________________ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in an LR- 1C district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b)Lots. The fol owing minimum requirements shall be observed: Lo( Area (Kre) Lot Width (red)Front Yard (fed)Side Yard (fed) Rear Yard (fed) Side Yard Adjacent to Street (feet) 0.3 100 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 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. FILE #05-3108 11 May 2005 Page 2 of 4 Lbt of Exhibits A. Application B. Ha^ship Documentation Form C. Existing Survey/Site Plan D. Existing & Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo Overview G. Hardcover Removal Detpil - Site Plan H. Photo I. Property Owner List J. Plat Map Background The applicants have applied for hardcover, lake setback, and side setback variances in order to change the pitch of the roof on their existing garage to match that of their newly renKxieled home. LOT ANALYSIS WORSHEET Loi Arca/Width: LR-IC Lot Area Lot Width Required 21,780 s.f. (O.Sacre)100’ Actual 18,167 s.r. (0.417 acres)SS’ measured parallel w/shore & 7S’ setback Satbacks; LR-IC Required Existiat Proposed Lakeshore (Rear/West)75’Garage 69 ’No Change Rear 30’Garage 58’No Change South Side 10’2.5 ’No Change North Side 10’22.9 ’No Cnange Structural Coverage; Total Lot Area Total Structural Coverage 18,167 s.f. (0.417 acres)Allowed: 2,725 s.f. (15%) Proposed: 1.800.25 s.f. (9.9 %) Hardcover Calculations; The applicants recently were granted variances in order to raise the pitch of the roof of the home to allow for a 'A story attic addition. Hardcover removals were required as part of that application and are detailed on the site plan attached as Exhibit G. The hardcover numbers outlined below are consistent with the “before” calculations from the previous application as at the time of this application the required removals had not yet been completed. FILE #05-3108 11 May 2005 Psge3or4 Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Haidcover Total Site Hardcover 0-75 East 4,150 s.f.0s.f (0%) 1,351 s.f.* (32.5%) 1,351 s.f. (32.5%) 7,968.95 s.f. (93.75%) 0-75 Wes,5,750 s.f.Os.f (0%) 2,585 s.f.* (44.34 %) 2,585 s.f. (44.34 %) 75 - 250 8,500 s.f.2,125 s.f. (25%) 4,032.6 s.f.* (47.44 %) 4,032.6 s.f. (47.44 %) * After exc usion of fabric or plastic-lined landscape beds Lake Setback Variaace Portions of the garage arc located within 75’ of the lake on the west side of the property. A varianee is required to change any portion of the structure within 75’ of the lake. Side Yard Setback Variance The existing garage is conforming on the north with a setback of 22.9’, and on the south side lot line there is a 2.5’ setback where 10 ’ would normally be required. The applicants are proposing to remove their existing garage roof, and construct a new roof matching the home, with a steeper pitch. Hardcover Variance This property has 0-75’ setback zones on each end. Both 0-75’ zones contain non- conforming hardcover. The zone to the east contains over half of the existing home, sidewalk and a grade-level deck, while the zone to the west contains the property ’s driveway and garage. Removals were required in conjunction with approval for the previous application to change the pitch on the home. Additionally, the applicants were required to remove the encroachments on the neighboring property. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis Iw ctHnUerbig apptk»th$u for vortoiice, the Planoiag CommluiOH shall consider the effect of the proposed variance upon the health, safely and welfare of the conmninliy, existing and anticipated tra/fk conditions, light and air, danger of fire, risk to the pnhik safely, and the effect on valnes of property In the snrronnding area. The Planning Commission shall consider reconnnending approval for variances ftom the literal provisions of the Zoning Code In Instances where their sirkt enforcement would cause undue hardsh^ because of circumstances unique to the Individual property under consideration, and shall recommend approval only when h Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zonbtg Code. Staff finds that due to the location of the existing garage, and location of the 0-75’ zones on this property, there may be hardships to Justify granting variances for this project. FILEfOS-3106 11 May 2005 Page 4 of 4 I nmcs forConiidcratioii 1. Will the additional roof height interfere with the views of the lake for the property owner to the south? 2. Are there any other issues or concerns with this application? Staff Raconaieadatioa Planning Staff reconunends approval of the variances as requested. • : ■ . . SibM:-awm ^ v -M-IJ : 'J:; y-:;.- ;K’<- J-f. f-'Si mom ■ -■ vi’ / .f:;: ivr h:,- tit,Vypm t i mm * riifttrr i i! 1 1-1 \#iiy VI wiviiv Variance Application Strsef Address; 2750 Kelley Parkway Orono, MN 55356 Main; 952-249-4600 fax; 952-249A616 Mailing Addnss: . P.O. Box 66 Crystal Bay. MN 55323-0066 Application # ‘ 3/^*^ Date Received; CH-i 0\y Amount Paid: Staff; Fee; ikJ; ,{/ I f 'no. Ofj ih.'J/y A i r > $600 Renewal: $300 After-the-fect $1,200 Double Fee This application fbrm must be completed in fuD. 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 INFORMAIiCN: Site Address: \v<J a.aiV'a M Kt In Number (PIN): 'Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (mqnth/year): □ Yes, I own the adjacent parcels, Present use of property; ^ Residential ' □ Other Zoning District: ________________ APPLICANT INFORMATION: (Completa legal nares and marital status required for each interested party) Name: (!oArq ^ Lti rtn (.kri MrjrriOj nmV ^ I t dwQ Ph#^rPhone (home): Address; Email;iruteJfYd-inC . CPiVi Fax: 9^- Phone (work): OWNER INFORMATION: (Complele legal names sr.d marital status required for each interested party) Name: (bdni i Lij nr> fViri Address: Email: ____Mdr r/m , _______ Phone (work):Phone (home): ____ ^ f^rC - i r%C. /* /^/>o Fax: MTl-pnSP DESCRIPTION OF REQUEST: Estimated Project Cost: I fogxV).o^ Describe the request in detail (attach additional sheets if necessary): _______________________ ^eiYtoxre. Avon-tiAn rr>/^f A-i4'ir -hr£.€rm b n-ti A n f~e.'L pp/^ A cu Q^tT>rtAtt p ' 4* iV> (5 (hr gnr ^nny 0 &K4^ 1 til O >1 >.vdM«e«iiirw REQUIRED SUBMITTALS: // j 7 *.; All of the following information must be submitteci by the application deadline date ih order for your application to be processed. □□□□uompioiea narusnip lyu^umaniauun rurm Certified Property Owners List - owners within 150' of the subject property, labels and pl£ List,/labels and/map nlay be obtained from Hennepin County Department ofj;i GorammenV Center, A-603 300 South 6'" Street.Minneapolis. telephone 612-348-5%10 □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form lers List - owners within 150' of the subject property, labels and plat rnap. inance, finneapolis. telephone 612-348-5^ Original Certificate of Sunrey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11” or 11" 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”x 17"). Additional items may be requested by City Staff depending on the scope of the project." 4 - APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the PlannI.ng 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 poter^al merit Applicant's Signature: Applicant's Signature: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Oty Staff, consultants, agents. Commission & Council Members for purposes of investigation animrificatior^f thi^Meouest Owner’s Signature: Owner’s Signature: Date: __________ Date: Date:4-mwmmi Date: /^plicant 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. Appiicante must be present at all scheduled review meetinga 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. #3 i..f i it *' DATA PRIVACY ADVISORY In accontence writh M.8.13.04, Subd. 2. IRights 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 furnish certain private or confidential information. You are notified that; 1. The information you furnish will be used to determine your quaiification 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 informetion may be shared with other local, state or federal agencies to the extent necessary to process the permit or Hcense. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name Is required to process ttiis application cr permit. •________AI lien _____(^IKf First I D/ miMiddle Last Address ■ city ma/ state Phone -• f- - o i [T Sec. 13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of date. 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. Acceaa 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 priv^e 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 shall 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 author 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 witNn 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 individuai 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 df 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 *.*»Iuo HARDSHIP DOCUMENTATION FORM Page I of 3 I This form is a rsquirsd submittal for ALL variance applications. An application I will not be considered complete or placed on any meeting agendas until this form is I complete and submitted to the City. • e Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address ail the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please 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." ___________Corrtdr.________ _________________ 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner.” _________________C.ortVjC^.______________________________________ 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 use for the j^perty exists under the terms of the Zoning Chapter.” ____________Cnrre.CT»_________________________ J. t o rcfi cy • 4 I i : 5. 6. 8. 9. 10. ' ■ , .. page2of3 '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 16J.06, Subd. 2, when in harmony with this Chapter.”, ____________y/B------------------------------------ '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.” ________________Ccrrfi gh.______________________________ 7. 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.” ______________Cfcrr<y::h. ______________________ The conditions do not apply generally to other land or structures in the district in which said land is located.” ... CbrV^r*'i' ■ - — ■ f - 'The granting of the application is necessary for the preservation and enjoyment of a substantial property rigM of the applicant.” 11. 'The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning __________Ccrrpdr.____________________ $ Page 3 of 3 12.The granting of such variance wiii not mereiy serve as a convenience to the appiicant. but is necessary to aileviato demonstrabie hardship or difficulty." Correer.______________________ Hardship Statoment 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 foliowing lines (attach additional sheets if necessary): . # • \ \ ± i J Dtir- i)L/ Oor* r>iAd____ im 1-^ /v " V--':" :i*;a • (M J ^Ofel-rrj • r* ( > t ' *V * ‘^r ■ ■» f’: • -i- » ► • • •r/ III Alte^ifUil ■ (priaiaAiM SCH0B0R6 D SURVEYING INC. fmisto fim. ti. t0t)S OH m 19 J wiwrc I j ------ 1. Siill ^1 »o»f* fXftA. itU^/^fioKl V - • i -i— ««»« r~'T.^. ‘■i^.'.iTt— j /~.-. vrx-^Srj:', . W»M4f feU»^f>ol4 ; A^^>ln6mJ(^^u XpAffitJi, .S^&Ji£gLf> ; 4.7 24^A/e-KJit HPLs Ht^ 66416 • • •» • •« twkfjsfi? IPr^rkJi - — — —. . • { - .T-»11 * V -TTrssiTTC- . ,. - • •; • f;-« i i %^:'- . v4*- ;- m iw.,K ••^1 * . J .- v. ■ ^ ' '.'V m .•:■ ^v/NVKr- M- • ■•.••■‘4^^ A »:-:/■ V !■ 1 ■ t.'. >■ Billet -------- , iii.'nmfafi H' ^DCOVER CAldflAfiON WORKS'^EET SETBACK ZONE: (CIRCLE ^iiB) 0-75‘ SacKtN SUf XISTINO HARDCOVER IN ZONERXtSTma HARDCOVER IN ZONE A. Hmu€ ^_____ B. Garoit C. Driveway Dr "idmmlk (OrjO E. PoAo/Dtck F. Landscape Vnderlidn ByFtttsAe Or Fabric jijr X X X zo 2Z. ia jr X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTTAREA IN ZONE A + B PPOROSRD HARDCOVER IN ZONE A. House ____________ Une^ B. Garage C. Driveway D. Sidewalk E. Pado/Deck F. Landscape Underlain ByPlasric OrPabHc X X X X X X X X X X X X G. Other total hardcover in zone TOTAL PROPERTTAREA IN ZONE A____________ E 75-250*J0^500*500-1000* Width 754* /30 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. 5'75 ’^i) xioo Z s.F. A S.F. dJiZzd % vaath 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. xlCB - S;F. A £____S.F. % te/y FS6. / «a B B rr . 1 i . JtDCOYER CALCVLA. SETBACK ZONE: (CIRCLE ONE) O-IS' ( 75-250' RXISTINO HARDCOVER IN 7. A.HOUM • 7? <T Littgth INTONE X X X B. Garati C Driveway 0it.iuY 33.7 X X D. Sidewalk /40 E. Patio/Dedt % X X X X r. uTu>*i<- 9^ Uadertain __________ By PUutle ____________ Or Fabric X X X O. Other PROPOSttD HAKDCOVRR INTONE A. Haase Lmie^ X X X B. Oamie C Driveway X X D. Sidewalk X X B. Badomeck X X F. LaadKope Underlain ByPlaedc OrFeMe X X X a. Reui sF/> H BEET 250-500‘500-1000' ^0 WMi T6 TOTAL HARDCOVER IN ZONE - TOTAL PROPERTYAREA IN ZONE A 403Z . ^+ B 05'OO WUth TOTAL HARDCOVER m ZONE - TOTAL PROPERTY AREA IN ZONE A_____________+ B r->/a S.F. !2(>0 4‘ 5.F. ________S.F. S.F. S.F. S.F. S.F. m ^03 xIOO - S.F. ^0 ZS.F. 40 94S S.F. /7 ZS.F. S.F. S.F. S.F. S.F. A _S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A xIOO S.F. B % s-' lltk . iK >A Exhibit F ^ * < I t. , A .->5^ * ' • « { ip^ 3560 Ivy Place 0 ^V mm^ Overview Map mw \ ‘Mm.. 1. k ... •^«M^#iK^’<l f R«qulwd R«moval« ■ Sidewalk and Deck encroachments on North skle. Excess sidewalk on the SW comer - play house to be located in this spot. 10' X 16* concrete pad west of the garage. Shed to be removed from neighboring property by December 1,2005. Play house to be removed from neighboring property. Play structure to be removed from neighboring property. '1?' ^ MagoiNlhi*i Smii Imim : /SwrflP Ott. /4, u>0S {SCHOBORG LAlIlD SURVEYING I INC mmi 00. w. V oouiab iw i n |i niv ^ i ' «. , X. r ^ , I ■-'• - •,, < '*• ■s fii^' mm^m ■ , '* /' 1^’ . ' *•< jTf' . • • > ' .* f -' .• .• ' <»!“■* 4•im w >'v*t' 11 I ^ 3ilT •'■' : ;/ . . f \- ^:. •. ' V'' •* ^' ’• ■ - ■-'■■ .* •’■•'- .•■ ■' *• ’ ■‘•**. ^ - •'. '• * . ., ’ ’-C» • - . ^ • - - ■ . ‘: ■ • . . * , '_; . ' • /♦ - V, , * s ^ .'•" ^ —►. tj;* • •'•.■.v./ V. iV'^‘- *. ! • ' ■ • •- •t • >^ »’ V •'* j * . p»' “••rl , ■■ • • > L>g «& ' 4C rik» • ■ •♦ *•• w . ,^^„.,.n' 'Cr ■ •• -4. gv^^- ;« ^ * »* . ' ^/? . r, • 1^' '.' ■■•:.■'■.• RUN DATE: 12^^HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST KAOt: I 31 2011723420001 )P AOOR 31 ADDRESS UNASSIONED KiERNAME S L KAPLAN ETALTRUSTEES KPAYER JAMES WLUPIENT ME/ADOR 7S0 PENNSYLVANIA AVE S OOLDEN VALLEY MN S5426 31 2011723420002 PROP ADDR 3t ADDRESS UNASSIGNED OWNERNAME S L KAPLAN ETAL TRUSTEES TAXPAYER JAMES W LUPIENT NAME/ADDR 750 PENNSYLVANIA AVE S OOLDEN VALLEY MN 55426 38 2011723420005 PROP ADDR 38 ADDRESS UNASSICNED OWNERNAME VILOFORONO TAXPAYER CITYOFORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 55323 38 2011723420006 3P ADDR 38 ADDRESS UNASSIONED WERNAME HENNEPIN PORFEITED LAND XPAYER HENNEPIN FORPEITED LAND ME/ADDR NOT FOR SALEAJNDER WATER IN LAKEMTKA 38 2011723420016 PROP ADDR 3550 IVYPL OWNERNAME WMRJDAMPIER TAXPAYER WILLIAM S DAMPIER NAME/ADDR 3550 IVY PLACE WAYZATAMN 55391 38 2011723420017 PROP ADDR 3548 IVYPL OWNERNAME CRSPYLE TAXPAYER CHARLES D PYLE NAME/ADDR 3548 IVY PLACE WAYZATAMN 55391 38 2011723420018 DP ADDR 3546 IVYPL ^NERNAME M P DRAZAN R M DRAZAN XPAYER MARY P Sl MICHAEL DRAZAN ME/ADDR 3546 IVY PL WAYZATAMN 55391 f ,-J- 38 2011723420027 PROP ADDR 3560 IVYPL OWNERNAME Q A CHRISTENSEN ET AL TAXPAYER GARY A R LYNN A CHRISTENSEN NAME/ADDR 3560 IVY PL WAYZATAMN 55391 38 2011723420034 PROP ADDR 3545 IVYPL OWNERNAME JEFFREY & DEBRA DANBERRY TAXPAYER JEFFREY & DEBRA DANBERRY NAME/ADDR 3545 IVY PL WAYZATAMN 55391 fS “1 . •• /• 1 CaERTIFY THATTHE FACTS REPRESENTED ARE AN ACX:URATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEIWEPIN COUNTY TAXPAYER SERVlCE^DEPARTMEOTKia OFMYKNOWI£DOEANDBEUEF. DATE BY t / m 1 -f V ■5-,Xi : 1 TiL ..L . ill Bmtnr3~ H(MHU‘pin Hennepin County Taxpayer Services Department I# r}.H" ,> '■ .1 ■ -V ID 2011723420027 Nunibmr 3860 StfMt Nwim ivy PL TN$ 1$ not a l»gaty ncofdtd map. Hrapreaan la a co mpilation offnfonnatton and data ttomCily, County, and Stala mad authorillaa and olharaourcaa. Date Applicatioa Received: 4-2(M)5 Date Applicatioa CoasMered as Complete: 5-4-05 60-Day Review Period Expires: 7-3-05 I 3 2005 c»ry UF ORONo REQUEST FOR COUNCIL ACTION Date: June 8,2005 Item No.: Department Approval:Administrator Approval: Name: Janice Gundlach Title: City Planner Agenda Section: Zoning Item Description: #05-3109, Mark Warren on behalf of Navarre Congregation of Jehovah’s Witnesses, 36SS Togo Road - Conditional Use Permit, Hardcover & Sign Variance - Resolution Zoning District: Lot Area: Lot Width: LR- 1C, One Family Lakeshore Residential District ('A acre minimum) 1.36 acres (59,383 s.f.) 163.42 feet (100’ required) List of Exhibits A - Resolution per Planning Commission Recommendation B - Revised Site Plan Showing 43% Hardcover (PC recommendation) C - Lighting Plan D - Landscape Plan E - PC Action Notice 5-17-05 F - PC Memo and Exhibits of 5-6-OS Applkathn Summary: Applicant requests the following in order to demo the existing building and rebuild: 1. Conditional use permit in order to construct a church, or related structure, within an area zoned for one-family residential. 2. Hardcover variant ' to permit 43.8% hardcover within the 500’-l,000’ zone when 40.6% exists, 43% was approved in 1994 by Resolution #3485 and 35% is normally allowed. 3. Sign variance in order to permit a sign measuring 8 ’ x 4’, or 32 s.f., where only 12 s.f. is normally permitted. Planning Commission Recommendation At the May 16,2005 meeting the Planning Commission voted 6-0 to approve the application in accordance with the following stafT recommendation: Approval with the following stipulations: 1. A hardcover reduction of 483 s.f. so that the proposed hardcover conforms to the 43% that was permitted by variance Resolution #3485 approved in 1994. rriA—^ aiT'atlilrtl i i I 2. City Engineer approval of the final grading plan, which should incorporate the comments xm contained in ExhibUJ. Crtv The Planning Commission’s motion to approve added that a lighting and landscaping plan shall be sulmiitted for staff review prior to consideration of the application by the City Council. Those plans, included a revised site plan showing 43% hardcover, are attached to this memo as Exhibits B • D. Staff finds the proposed lighting and landscaping plan meet the requirements established by the Zoning Ordinance. Staff Rccomncndation Approval per the attached Resolution, COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit, hardcover and sign variance for property located at 3655 Togo Road. i .mmm •V.v;;2ar v.= ' ; •-tvitrr:. r-i' . .. . A RESOLUTION GRANTING A CONDITIONAL USE PERMIT INCLUDING VARIANCES PER MUNICIPAL ZONING CODE SECTION 78-348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) FILE NO. 05-3109 WHEREAS, Navarre Congregation of Jehovah's Witness, a religious institution (hereinafter *Hhe applicant") is the owner of the property located at 3655 Togo Road within the City of Orono (hereinafter the “City”) and legally described as follows: That part of Lot 7, Block 10, TOWNSITE OF LANGDON PARK. Hennepin County, Minnesota, described as follows: Beginning at a point on the East line of said Lot 7 a distance of 136.45 feet North of the Southeast comer thereof; thence West at right angles to said East line a distance of 128.00 feet; thence South at right angles a distance of 13.55 feet; thence West at right angles a distance of 136.00 feet more or less to the West line of said Lot 7; thence North along the West line thereof to the Northwest comer thereof; thence East along the North line thereof to the Northeast comer thereof; thence South along the East line thereof to the point of beginning, EXCEPT road. Also EXCEPT the West 100.00 feet said described property. (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit including variances to Orono Municipal Zoning Code Sections 78- 348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) to allow demolition of the existing building and constroction of a new building requiring a conditional use permit for a religious institution within a residentially zoned area including a hardcover variance to permit 43.8% hardcover within the 500’-1,000 ’ zone when 40.6% exists, 43% was approved in 1994 by Resolution #3485 and 35% is normally allowed, and a sign variance in order to permit a sign measuring 8’ x 4’, or 32 s.f. where only 12 s.f. is normally permitted. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 r.In Pr ;■> . • 1 FINDINGS 1. This application was reviewed as 2^ning File OS-3109. 2. The property is located in the LR - 1C, One Family Lakeshore Residential zoning district which requires a .minimum lot area of one half ('/j) acre or 21,780 square feet and a minimun: lot width of 100 feet. 3. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of the conditional use permit and variances based on the following findings: a. The proposal meets the conditional use permit review standards established in Section 78-916 (A) (1-3). b. The proposal for a hardcover variance can be amended to conform to the previously approved hardcover variance of Resolution #3485. c. The proposed plans conform to the requirement of a 50’ building setback to other adjacent residentially zoned property per Section 78- 348 (3). d. The proposed 32 s.f. si^ is of reasonable size to address identification of the site. The sign will be setback 10* from the edge of right-of-way to compensate for the square footage over the allowed 12 s.f. where a 5* setback is normally required. No wall mounted signage will be permitted. e. Submittal of a lighting and landscaping plan sensitive to the adjacent residentially zone property for review and approval by Planning Department staff. f. The proposal conforms to all other zoning requirements such as setbacks, structural coverage, parking, and building height. r , V The City Council has considered this application including the findings and recommoidation of the Planning Commission, reports by City staff. Pi^e2of5 I- comments by the applicant and the public, and the effect of the proposed conditional use permit and variances on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit and variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or diffieulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the 2^ning C(^e 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 conditional use permit including variances to Orono Municipal Zoning Code Sections 78-348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) to allow demolition of the existing building and construction of a new building requiring a conditional use permit for a religious institution within a residentially zoned area including a hardcover variance to permit 43% hardcover within the 500’-l,000’ zone when 43.8% was originally proposed, 40.6% exists, 43% was approved in 1994 by Resolution #3485 and 35% is normally allowed, and a sign variance in order to permit a sign measuring 8* x 4 ’, or 32 s.f. where only 12 s.f. is normally permitted, subject to the following conditions; 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Conunission and City Council review. 2. Hardcover in the 500*-l,000’ zone shall be limited to 25,040 s.f. or 43% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is 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. Page 3 of 5 A f»• S ; a; 3. Applicant shall remove all plastic or &bric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for new construction widiin one year of the date of Council approvd, or the conditional use permit and variances will expire on that date (June 13,2006). S. 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 torminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned iy)plicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13"' day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) >■■■ ■ Page 4 of 5 Sfn^iriftiarnkfr liii / . • -.- ' : ». r." '■i^' < ■ • •> :?K«i ■ •• ;■'. • :t f *'' I i'“ 1*' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of j 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 f 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of .2005 Jehovah ’s Witnesses. of the Navarre Congregation of Notary Public Page 5 of 5 - > l M geVISfD ^1TB PLAN M€Enn/£> PU ri/wxav'ep' ^etoMM£NPAnoKi RAPWC SCAL£ ( m rm l I taak > M II.j 1-: 'V. '•■ t\ :/ ' ..: : ■ •;; . ■ ■ "W ' M re! ftrrm, ItCIKHC OOSTINO OWVTfAY TOGO ROAD SIGN 42.0' PROPOSCO Buum; FJ.C 939.5 SLAB ON GRAOe \ 4'S' e* aoewALK icroMi ^4* OPO«|tG M SURMOUNTABLE CURB 2ao' B SPACES • 10* - SO* 20.0’ V. tao*aao* \ _j / 80* auUNNO SETBACK (TYP). S \ -WETLAND •. WETLAND \ \ S ^4 V fS^tvC>SlSAC4^ *^/ Dw^f& Aifli y^ey>i . Zvot**f OiM^**s* K^/c S’ jj?‘4 . . *.T **T *. •gfct-’irrs 128.00 113 /1 CITY OF ORONO 27S0 Kdicy Parkway P.O. Box 66 Crystal Bay, MN 5S323 (952) 249-4600 ZONING FILE: 05-3109 NOTIo'E OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 1 7.2005 TO: Mark Warren COPIES: 4360 Wyndhill Circle ^ Deephaven, MN 55391 TYPE OF APPLICATION:Conditional Use Permit, Hardcover Variance, Sign Variance DATE OF MEETING: May 16,2005 Plaaatag Commission recommended as follows: The igtprove in accordance with the staff recommendation previously mailed to you, and also submittal of a lighting and landscaping plan. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Connell - Monday, June 13,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, th^ are available from Ae City Recorder after review and f^>proval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. ■ - ' ■ ^ . j ■ . f-'' ' ■' .JfX : : V'/ ■ u-'Mm M)5-3I09 May I6.200S Page I of 6 Date Applicatioa Received: 4-20'C5 Date Applicatioa Comidered as Coiaplete: 5-4-05 tM)-Day Review Period Eipiret: 7-3415 Exhibit F To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City PlannerJ^ May 6.2005 Subject:05-3109, Mark Warren on behalf of Navarre Congregation of Jehovah’s Witnesses, 3655 Togo Road, Conditional Use Permit, Hardcover & Sign Variance, Public Hearing Zoning Dtotrict: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('A acre min.) 1.36 acres (59,383 s.f.) 163.42’ (100’ required) Af^HcatioH Summary: Applicant requests the following in order to demo the existing building and rebuild: 1. Conditional use permit in order to construct a church, or related structure, within an area zoned for one-family residential. 2. Hardcover variance to permit 43.8% hardcover within the 500’-1,000’ zone when 40.6% exists, 43% was approved in 1994 by Resolution #3485 and 35% is normally allowed. 3. Sign variance in order to permit a sign measuring 8’ x 4’, or 32 s.f., where only 12 s.f. is normally permitted. Staff Recommendation: Staff recommends approval with the following stipulations: 1. A hardcover reduction of 483 s.f. so that the proposed hardcover conforms to the 43% that was permitted by variance Resolution #3485 approved in 1994. 2. City Engineer approval of the fmal grading plan, which should incorporate the comments contained in Exhibit J. The Planning Conunission may want to discuss requiring landscaping as a condition of a hardcover variance approval; however the Zoning Ordinance doesn ’t specifically require anything._________ Pertinent Zoning Ordinance Sections Sec. 78-348. Conditional uses. Within any LR-IC one-family lakeshore residential district, no structure or land shall be used for the following uses without a conditional use permit: (3) Churches, including those related structures located on the same site which are an integral part of the church proper, and convents or homes for persons related to a religious function on the same site, provided no building other than a residence shall be located within 50 feet of any lot line of an abutting lot in an R district. J «N)5-3109 May 16,2005 Page 2 of6 See. 78-916. Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modifled form, if on the basis of the application and the evidence submitted the city makes the following findings; (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and (3) That the proposed conditional use will comply with each of the applicable provisions of this chapter. Sec. 78-1288. Hard cover limitations, (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (Ord. No. 101 2nd series, § 1 (10.56(1 6XL)), 2-24-1992) Sec. 78-1467. Sigiu in R districts. Within R districts, the following signs are permitted: (1) Nameplates. c. One nameplate sign for each permitted use or use by conditional permit other than residential, and such sign shall not exceed 12 square feet in area per surface. List of Exhibits Exhibit A - Applications Exhibit B - Existing Survey Exhibit C - Proposed Survey Exhibit D - Proposed Site Plan, Parking Layout, & Sign Plan Exhibit E - Hardcover Calculation Worksheet Exhibit F - Existing Drainage Area Map Exhibit O - Proposed Drainage Area Map Exhibit H - Proposed Elevations Exhibit 1 - Proposed Floor Plans Exhibit J - City Engineer Comments Exhibit K - Aerial Photograph of Existing Exhibit L - Resolution 3485 Adopted 10-24-1994 Exhibit M - Property Owners List Exhibit N - Plat Map Background The applicant met with staff months ago regarding rebuilding of the Navarre Congregation of the Jehovah's Witnesses building located at 3655 Togo Road. The applicant has indicated the existing building, which was constructed in 1970, has a ihn May 16,200S Page 3 of 6 number of problems, most notably water damage. The construction of a new building is out of necessity, not an increase in congregation size or higher intensity of use. The applicant has already obtained the necessary approvals from the Minnehaha Creek Watershed District LOT ANALYSIS WORSHEET Lot Arca/Width LR-IC Lot Area Lot Width Required 21,780 s.f. ('/a acre)100’ Actual 59,383 s.f. (1.36 acres)163.42 ’ Setbacks: SO’ setbacks are required adjacent to all residentially zoned areas due to the conditional use where 30* front and rear setbacks and 10’ side setbacks are normally U12Required Existing Proposed Front 50’68.5 ’51.5’ Rear 50’235’220’ Left Side (east)50’68.5 ’ building 47 ’ overhang 71 ’building 62 ’ overhang Right Side (west)50’51.3’51’ Total Lot Area Total Structural Coverage 59383 s.f. (1.36 acres) Allowed: 8,907.5 s.f. (15%) Proposed: 4,434 s.f (7.5%): contains building footprint and drive up overhang on east side of building Hardcover Calculations: Almost the entire property is located within the 500’-1,000’ lake setback zone, with the exception of the southwest comer of the property measuring 1,150 square feet in area. It is unknown how the ^licant came up with the property area of the 500’-1,000’ zone shown on the worksheets, however staff has made the necessary corrections, which puts the proposed hardcover percentage slightly higher than originally thought. 1 M)5-3I09 May 16.2005 Page 4 of6 Hardcover Zone 500-1000 Total Area in Zone 58,233 s.f. Allowed Hardcover 20,382 s.f. (35%) Existing Hardcover 23,678.32 s.f.* (40.6%) Proposed Hardcover 25,523.03 s.f f43.8%) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance THr applicant is proposing a hardcover variance to permit 43.8% hardcover within the 50o*-1,000* lake setback zone where 35% is normally allowed. This property received a variance in 1994 to permit 43% hardcover because the applicant agreed to construct a drain tile on the east property line and into the easterly neighbor's property to alleviate flooding the easterly neighbor was experiencing and additional drainage improvements. Although 43% was approved the site currently contains 40.6% hardcover. The applicant is proposing a variance to permit an additional 483 s.f of hardcover above the 1994 approval. Sign Variance The applicant is proposing a n’tonument style sign 4’ in height and 8* in width, measuring 32 s.f. total. The total grapliics of the sign will be slightly less than 32 s.f with the remaining consisting of brick encasement of the letters. The sign will be located in the front of the building at a setback of 10 ’ from Togo Road, meeting Zoning Ordinance requirement. Zoning Ordinance Section 78-1467 (1) (c) permits a 12 s.f. sign for conditional uses in residential zoning districts, therefore requiring a variance. Hardship Analysis_______________________________________________ Im eoHtUertHg appHeatlonsfor vartaHce, the Plauulng Commluhit shall consider the effect of the proposed variance npon the health, spfety and welfare of the conunnnity, existing and anticipated treifk conditions, llghi and air, danger of fire, risk to the pnbllc sttfety, and the effect on values of property In the surrounding area. The Planning Conunlsslon shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict ettfbrcemeni would cause undue hardsh^ because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that due to the hardcover variance approval in 1994, there is justification in allowing a hardcover variance to the approved 43%, however not the requested additional 483 s.f. or 43.8%. The hardships and justifleations established in 1994 including the narrowness of Togo Road and the stormwater plan proposed to alleviate and improve existing drainage patterns, still exists today. Staff would recommend approval of a hardcover variance to permit 43% stipulating City Engineer approval of a grading, drainage and stormwater control plans. This would require the applicant to remove 483 s.f of hardcover somewhere on site. Staff would anticipate that this removal could be easily achieved with minor parking lot revisions. For example, 10* wide spaces are proposed where only 9* wide spaces are required and the applicant is providing 44 spaces where the code only requires 36. Eliminating 3 spaces or revising the spaces to 9* wide could achieve the recommended 483 s.f. reduction. M>5-3I09 May 16.2005 Page 5 of 6 With regard to the sign variance, staff finds there is a hardship inherent to all conditional uses within residential zones where signage is limited to 12 square feet, as any identification other than an address probably isn’t readable. Currently, there is a wall sign in the gable end feeing the street. The elevation submitted does not propose any wall signs. Staff finds that the proposed 8* x 4 ’ or 32 s.f. sign 10* off the street lot line, meeting the required S’ setback, is justifiable due merely to the use it will be serving. Staff would however, stipulate that the sign must not be back>lighted due to the residential zone. Conditional Use Permit Analysis Zoning Ordinance Section 78-916 (a) (I) establishes conditions that the Planning Commission and Council must review when determining whether to grant conditional use permits. Those conditions and how they relate to the site are as follows: (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; The Zoning Ordinance and Comprehensive Plan allow for churches or related structures to be constructed in residential zones. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed building complies with the required building setback of 50 ’ from residentially zoned areas. The parking lot also complies with all yard requirements of the LR - 1C zoning district, which requires open parking spaces to meet all yard setbacks of I0‘ to side yards and 30' to front and rear yards. The proposed plan will eliminate an existing westerly access which improves the safety of vehicles using Togo Road at the applicant's property. Staff finds the proposed and continued use of this site would not be detrimental to the public health, safety, welfare, or be materially injurious to other properties in the neighborhood. That the proposed conditional use will comply with each of the applicable provisions of this chapter. TTie proposed conditional use is complying with all other applicable code sections with the exception of the hardcover and sign variance which have been applied for and reviewed as part of this report. Staff finds that granting the conditional use permit is in accordance with the conditional use permit that was originally accepted in 1970 and then amended in 1994. Parking Zoning Ordinance Section 78-1S16 (5) required one parking space for each 4 seats based on the design capacity of the main assembly hall. The main assembly hall shown in Exhibit H provides 1^ seats / 4 = 36 required stalls. The applicant has proposed 44 — "kAOBMl MS-3109 May 16«3005 PagaOofO stalls. Zoning Ordinance Section 78*1511 (1) states that “open parking spaces on lots must have a location other than a required yard, except that such paildng may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line.” The ^>plicants have proposed all parking to meeting required setbacks of 10 ’ to the side lot line and 30* to the front and rear lot lines. The spaces are 10 ’ x 20 ’ where 9* x 20 ’ is normally recommended. Issues for Coasldemtioa 1. Should an additional 483 s.f. be removed in order to comply with the 1994 approval? 2. Should the applicants provide a landscape plan? 3. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval with the following stipulations: 1. A hardcover reduction of 483 s.f. so that the proposed hardcover conforms to the 43% that was permitted by variance Resolution #3485 apixroved in 1994. 2. City Engineer q>proval of the final grading plan, which should incorporate the comments contained in Exhibit J. . ^ i • I 1 : CITY OF ORONO - GENERAL LAND USE APPLICATION Application# Date Racalvad Amount Paid uk^ L (-- PROPERTY LOCATION Site Address 'Thu> __________________ Type of Application to be Filed { Ow - Property Identification Number (P.I.D.) n~in- i APPLICANT Name Phone (home) Address r.-^j ^ Phone(work) 4if%-mz-ot2.n Cc M) City ZiPisrg^*?/ OWNER (if different than applicant) Phone (home)_qs^-*4^s:-.’czri Phone (work) <^iz-^/o -77b6 a.- ^dfegs tin I.H________City _■ gp rraW i-, Dale Proj^^uired _z_^___________ ~ FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use AAMA i_____a# AAAy $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 fiiling - 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) Afler-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' iu n;H Pi .•il i f i REQUIRED SUBMITTALS 1. K Completed Application Form. X Describe request in detail. ___Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*'' Street, Minneapolis, telephone 612-348-5910). 2. 3. 5. 6. ^__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). 7.—.......List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current ovmer(s). 8. Construction plan, if applicable (see staff for requirements). 9. ____As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_______________________ Date 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 correct to the best of his/her knowledge. /Vpplicanfs 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 Council members for purposes of investigation and verificatior> of this request. Owner's signature tubmittals into the C||7 Date Applicant must have all submittals into the Cj|^ offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at aH 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 S Zoning Office of this change prior to the meeting. g (; ^O t.) •{ ^ U., . 1 1 City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Addnss: 2750 Kelley Parkway Orono, MN SS3S6 Mailing Addnss: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Onlv: City Planner \JANi(P Meeting Daten'ime; Main; 952-249-4600 Fax: 952-248-4616 PC Date: What Is ^9 purpoad of a pn-application mee^ng? Pre-application meetings aid the applicant In preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 36?ST^ Property Identification Number (PIN): n^in-ooliU Zoning District: L^~ \(l._____Size of Property: /. W DESCRIPTION OF REQUEST; □ Res. Access. Use *Ajnsiitutional □ Guest House/Guest Apt □ Duplex Credit/Bldg □ Comm / Indust Use □ PRD / PID □ Land Alteration □ Comm Site Plan Review O Other: ______________ t* ■ OTHER INFORMATION: *Pleasenote: Your application will NOT be accepted without a pre-application meeting durino which this form will be completed by City staff. Applicant Signature:Date: V- •• n t i:ti '% o QJ"' 1-1 ■tO J 1 \ BOUNDARY & TOPOGRAPHIC SUR\ —WmtflllTllfill|li■l!F^ f■' I - [ ' I I I I PART OF LOT 7. BLOCK 10. TOWHSITK OF LANCDON PARK - OMMi tamaoTA - - nomsfm eoanr - ¥- NA VARRE KINGDOM HALL I AAFAdAi hM^lW ■j J •> .. V* 1C • ) ; : ■ • Sm|«S avMTJS limm “♦ Sin I »m, 0mi £=5:;- I Am - / • A* 44 4mm (^0«n ! *nJ M* 14 ‘--------------- GMAPme 9CAL£ V immmt Aim AHunn M Ml •« IM ». KM « « • •*• wMtwlteafMiUlV*.44 •»«•40 0m I /'v iS^'SxSSi:sSS?& ssssss s^sr.*^un r r AM iMM |ESCiI_________li J_r- I I teMl«M •# 1 * tatav mmmum m> Atm Mr tto «MfV I 64U «t Ml- mW^ 9 M4-MM J ■3 sji-rs swrurjurart.'jr j?4r?JSts^ iMM M •* «A ataw nrrsmr** rratti.—*_ I —* " ‘**T—to---------- I •fli\ \r 1 /I||C.,.^I t i^If~^'J/I /: ii^v-Siif^If V CERTIFICATE OF SURVEY PART OF LOT 7. BLOCK JO. T0WJJSJ7B OF LANGDOR PARK - omm. immaot» - -m>nmeotmrr» NA VARRE KINGDOM HALL •/> «» to »« toi«k !>•■ «A k : A • to' I to < 'wui tm mp •AIM Am*(Aum *• f I i«»ito mna toMtoto u I ». 9» -V ^rf: *v-.^ I I'- I l5/ -. . . [................ I 'Sf^r I f^T ■*" I --------------Li J„41igrU' itftm 'ggaxcrggngaarj isjrFJt u« asna' toAi ___ '•V».. Ato »to« to ito r mm m 1 f toCto*^tlS Z I5L*2L5*J'i8*J2 L: *>■«■» ■» •• to i ■MNCI MK OUMD r- — — — — •• •• — — — — -- — — — —■MHildL-^itoto] rj3jwv&r tow Ar lie mtflr 1 CM&ai^ ■■■■■■ " ■■■■ 1 •• MV-toVto'toHV ^ iriMiflitt { 1 ►—1 1 UJ ^ ^ < Si aa o § to 1 1 1 1 T IX a: O. m th »u ktna.Orf 9B^ri ON ________^ !j*C » in U IzO UJX . Z i*J i~ uj o . D q: ^ ^ Q < y B ^ 5 8 1 1 1 1 1 1 1 1S SI ‘ i i ?i < ^ < o *1f c g - S fe 1 1 • ll / 1 ^— •. # O / in 8 O \ *1 •“ 1 o <oro w •!oz n 1 )m -J 1—J <_j X < 2o z Q O o Z o UJ 1 1 1 |< Q- (H < ^ Z LiJ < K-h- ili c/^o < Z LiJ 00 UJ 1 T"UJ1 JLo tn UJ z u Z^ o < r-i fK 1 z LJ LI- 1 £ CL Q- Sheet No. 3 OF 5 fc.^ ----------- J r' 1 ■L: m 3HI sanuimmi oosvmi Mio:zo sooz-fMtii piAiiMa HARDCOVER CALCULATION WORKSHEET •BTOACKSONIt (CIRCLE ONE) O-TB- TS-ZSIT 2M-800* 800-1000* II A. Heuoo 6htArir - B. Oorag* C. Orfviway . 0. SIdawoNc wwm P. LwidsMp* UrNMain ByPlMlie 6. RaWnlno Walla X X X X X X X X X X X X X fi.F. 8.P. B.F. _________S.F. H.Othor total hardcover in zone TOTAL PROPERTY Al^ IN ZONE A ♦ WKIPOBEB HARPCOVeW IN ZONE A. Houaa —------------* B £!^JZ£l-aX 8.F. PcCi tJ^T »Mf».OOt S.F. ^tomu/U-v. utJocfi 5P fivinLHAkk,. 8.P. S.F. — SP-__S.F. S.F. Tangm IRiSE' B. (SaroBO D. StdowoUc * VMd e. PaHoAM p, Landaeapa UndaHaln ByPlaaUo O. RaWnlfia WUN H.OIhar X X X » X X X X X X X 9 ‘17. ^ 2- S.F. m S.F. • x1oo ift-h •Wi^f, ff a.F. ■S.F. a S.F. SF. a Ill!«■_ _ 8.P. P S.F. a 8.F. m SF. s 8.F. u S.F. m ■ S.F. -S.F. -_ S.F. e 8.F. xlOO V3I (NMO M AXI>aB<a a<u<l0 Igoi-IIHMN Ml saiutnom (nsvn-w^j Mspto iooz-zm^ ' .';v ;•:,' V-. i.:- ' ■■ At, \ ^m.rX- c»siv«o BWlOtNO ^L^/CU^JL X \I 8 p.vO<¥ .e / \ / y ivS''^p<'-'' ef' <^ i-i'* I ! / ^•■r f5?-,f h 1------- \ \ nr V \9^ '^VTl..^ f. }CALE • it ft t_-rw^A^£Tjuirra^ ' i \ IdX f^-^2 -------------------*- / -j^7< il /ii (M 'f 3^ V_fwi fc. «< ui >■ aMt ij> aphic scale (■MR) I iMk • « a \ COMPOSITION SHINGLE ROOF SIDING O GABLES (T'tPICAL) CEILING PROFILE INSIDE STEP BRICK OUT 1" AT CORNER PIEf.: TYPICAL AIL 4 CORNERS BRICK SOLDIER COURSE A NORTH ELEVATION A 3.2 SCALE: ---------COMPOSITION SHINGLE ROOF SIDING O GABLES (TYPICAL) - CEILING PROFILE INSIDE STEP BRICK OUT 1” AT CORNER PIERS TYPICAL ALL 4 CORNERS BRICK SOLDIER COURSE A/ ( W" ■ J /-In-: V ••. ; ^fr*; * * /■ f / ' I • ' \ t t' ‘ i U€JJ ym ^4______ Vj O (n >u (t I <kr> •- q: c 58“^. 3*/i X tn - H 2 1^5:5 ^ ft ^ 1e I ' j - rs I V # Oz j ( ] i 11 [> __1 CD __1 X'<c Lajt>^ LU ^ §5 Oi— I ■ X LU :^c f. LU*’ Or:cr<c 1^ *Z P Uiu; u Wne:a DW»4 Br: PB CKO BY; SCALE 1 /t -)‘-0 OATC: Oj-25-05 cAo r 03- A32G1 SHEFT No. A3.2 S/JP!® JIV®s • o c.•/ LAYCT 5/B" CYP BO ONE SOE 2»* «ooo snjos • I#- oc. W/ ONE UYEB 5/r CtP BO EA SOE --ROW pSSec TOH ® 2^®Sgoo*^ • ,6- OC 'll/ ONE layer 5/8* C*^ 60 EA SOE 2. FOR ORl.1 THRU PLAN ft OETAI.S SEE i I Ok 'JmS !/!??» » o* JM .swr—'1®^;^ ^1 m y LOCATE CONTRtBUTTON BO;<ES KE a R literature COUNTER AND IN L0B6Y NEAR entrance Q] yg»M*AL t/HaWBTIQN 2»4 ROOD snios • 16* oc. R/ >-1/2“ BAH INSUL R/ ONE LAYER 5/8“ GYP BO EA SIDE A {£ iNTEBlOR 8tAU ft/ BifajiATirtA ROOO STUDS • 16“ O C. R/ >-l/2* BAH INSUL R/ ONE layer •“ GYP BO EA SOE 4 FOR C-ONTRlBUTTON BOX DETAILS SQ • DOOR SYMBOL - SEE A6.1 *10 2 aii<«m ir- m 1 FLOOR PLAN A2.'SCAL£.'|r=r-0' i!«*.; tt t. lr- iU W19 s o**i I- PV8:*2 I •C4ic l/S**!'- OAft 3-25-05 CO» 03-A2-C' SHEET No. A2.1 t -r ’•» ► ■■•: »• if ^ PIER PLAN & 1. .nf i n SCALE: 3/3”-r-0"CCHE;: .r=r-o* SHEET No. Sl.O V# V- V • '•Vvy i •we rAttAouHOAHOM r*ct !f^r* "^'"i ‘‘•"WlWtl .row wAt TO STUO TACt-TYp-L PCRu 2-0“ sj--< 1 ' i T-r - 1 t1— 1 1 1 _______________ 1 ^ RC :r FRAMING FI AM 1^2 SCALE: l/8*-r-0* W IRUSStS TOK IWOO IK • 24- 0< LOAOt Z oSS: oSo 10*S”^' “* • 'J TC26 • SQSSOW TYPE 1KUSSE& ^ i!? 9CATWNC »nh M-QJPS $. AU WAMIC ^ be AS PEK UBC 1997 TAat 2J- I >B - I u fy PB i’l 9r. S2 i i! COLUMN CAP nrTAll scale . r»r-o' ie«a l/8'?‘’-0' “*» 03-2:-05 4A» » NoVjrre-Rf.g» SHEET No. L S2 ■F ■ 'IIP' ■ la lat la aunea i Kuu Kuociia rm4icKL.A^ aoAoaoAa^*P* * Boncstfoo Anderllc& Associates l&ifltnMn 4 ArcMttcts 2335 VX^st Highway 36 • St Paul. MN 5Sn3 Office; 651-636-4600 • Fax: 651-636-1311 wwwiK>nestroo.com May 9,2005 Ms. Janice Gundlach Planner dtyofOrono Poet Office Box 66 CiyMal Bay, MN 55323 • JOB V-Vti-^v Re:Navarre Kingdom Hall Pile No. 000139-05 Plat No. 05-3109 I JiEi Dear Janice: We have reviewed the plana for the propoeed improvementa to the Navarre Kingdom Hall aite located at 3655 Togo Road. The prppo a ed improvem enta inchi^ replacing an existing building 'nd aasociated parking lot improvementa. We have the following ccmunenta with regards to engineering I::.4tU^.'s: The plana ahoold identify die proposed pavement section for the parking lot The plans include a concrete pavement detail and if the patki^ lot is to pa\'ed with concrete the plans should specify this. Details should be provided as to sewer and water cormections to serve the site. Will the site be served by the existing stubs fo the property or arenew coonecHoiu proposed? AJl erosion control measures should be installed, inqrecteda^ approved by the city prior to any work onsite. A plan note on Sheet 4 indicates there may be excess nuuerial on site diat will need to be removed. If material is to be hauled off site the applicant shall review haul routes vridi city staff prior to any material being bucked off site. Ptes's see the attached for comments regarding our storm water review. Whati final plans are completed we will prepare an estimated cost for site improvementa to establish the financial guarantee necessai;/. If you have Biqr questioiia please cal! ((651)604-4863. Yours very truly. BONESTRtX). ROSENE, ANDERLIK AsiSOCIATES, INC. Tom Kellogg Attachment Cc: Greg O^qui, City of Orono St Fa*Jl. Si. Cloud. Rochester. MN • Milwaukee. Wl • Chicago. IL Artli^/eipiRi OppfttiwUy Imptay m9 euua ioi la OUI1CO I l\UU l^woeiui ni1A4C.r%k. A IN M%J4WWWAWAA r • ^ Memo Bomstfoo 4 Pn^md Hmmm: Navarre Kingdom Hall To: TomKallogg From: Earth Evana Rm: Stormwater Review CItont: CityofOrono HloNo: 139-0&^}00 Oafe; 5.5.05 Development: Engiiwen Submittal: Date of Plane: Navarre Kingdom Hall Pioneer Development Drainage Calculations, Drainage and Grading Plans, Wetland Delineation Report 4.18.05 aiiiwmerv ftf ByBft pimandatione Based on the stonnwater review of Navarre Kingdom Hall, we offer the following comments. Details for each reconunendation follow. 1. Ofif-eite drainage should be included in calculations and shown on plans. 2. Adequate water quality treatment has been provided. 3. Proposed discharge rates are slightly higher then pre-development rates for the 1,10 and 100-year evens. Based on USOS mapping it appears that the entire site eventur lly outlets via the 12 ” culvert under Togo Road to a large ^i^rtI^g wetland. All off-site drainage must be included in die calculations and plan set in order to rnsure that the pond and low point south of Togo Road ftmetion as designed for water quality and quantity purposes. Off-site drainage to the low point was included in the developer’s engineers H^droCad modeling, but not for the south pond and adjacent wetland. The low point storage shown on the plan doesn’t coiresponi with the liydrocad modeling. ’> his should be confirmed considering its proximi^ to the entry drive. amt The majority of the impervious on-site is routed south to the proposed pond. Adequate wet volume has been provided in the pond to treat the 2.3-inch event We recommend louting the entirety of the proposed building south to the pond via roof drains since m water quality treatment is provided in the low qiot south of Togo. We recommend peoviding a 10-foot aquatic bench at 10:1 below the NWL of the proposed pond. Su-wO there is mininud proposed inqiervious for the north side of the site, no existing and proposed discharge coiiqiatison was iMde. The primary change fifom pre-development condition discharge rates is due to the additional impervious on the south side of the site. The following tidile lists the existing and proposed discharge rates from the south side of the site. Scenario 2-yeor Oucharge (eft) lO-yesr Discharge (Cf8) lOO-year Diicbarge (Cf8) Existina 0.1 1.7 4.2 Proposed 0.4 2.3 3.3 sasswMiHWNMyss isiswmim^nmmi Bl PUS. MN 8611* PsKesi 1S11 PIniw: asa-341 F«c aea>s4i-4eoi 11* 7* SIM NE woch Mf. MN sesoe ManK S07-2S2-2100 F«c sor-ae2-3iao znssisiMsw WHm, MN 66201 Plwiw; 33O4M4-S0J7 F«C 320-214-066S 3721 23*SIM8 St Cloud. MN 86301 Pnono; 3*0.*8i.4as3 F«c 320^1-6262 OfliyMako. It 60030 Ptanv 847-846-6774 Fwc 847-846-6878 la AOS AfJ ,lie nilAJCf«k.A^ OUAOaOAOAA Uamo fl Not* th* mi*liiig diieh*rfif*l0* in die table repieient pre^levelopnieot diacharge latea, not cunrent conditioiic rate* aa provided in dm dreinepe calculariooa by die developer** engineer. Rate control congiariaon ahouM be pre-development oonditioiia veraua poat-developnent condtUona. There ia only a minimal increaae in the diacharge for the 1,10, and 100- yev eventi. Uaing the iklninier structuie oudet propoeed, it would be difficult to teetrict the rate* much lower dim what have been diown fbr the amall drainage area. Tte IQO-yew HWL, 936.7 ia at the edge of the propoaed pariung lot •: r - . ». t^. vtM, not cumBtoondmou ntas m BfMTMon ■hoaM be pre-developinent Rthediichvgefbrtlie 1,10,uidl00- ntrict the rates much lower dwn whit . • .'w, - y/. i I i ii.r^.> /'jd ■ y - ■ -e^i Wnff '■{ ■ ir^ ' ■'-43^ 1 ^--4^ ^ ^ f — *r- . iMe wS'i wS *7P ■TJ ' ! 'M:M E ‘ flWv J 4^r yh^ -.' / tp . W ’ iLfl -idirf' ■ ^vS^lsrV T .I i. i rii / H *■ ’ *11...• '••P'r 1-^' y. -5 Ksf • -t' »< rm - ■- ? _i 1 M sr M. V.' .^*w»'jy; 6369427 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 8 5 A RESOLUTION GRANTING VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) AND SECTION 10.20, SUBDIVISION 3 (B) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3 (B) FILE NO. 1960 WHEREAS, Kingdom Hall of Jehovah’s Witnesses (hereinafter the "applicMts") represented by Tor Jonsen, are owners of the property located at 3655 Togo Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to allow 43% hardcover in the 500-1,000’ lakeshore setback zone where only 35% hardcover is aoimally allowed, and a conditional use permit per Section 10.20, Subdivision 3 (B) for construction of additions to a church existing via a conditional use permit in a residential zone, and a variance to Section 10.20, Subdivision 3 (B) to allow a portion of such structural additions to be located 47 ’ from the side lot line where a 50’ setback is normally requited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #1960. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Plaiming Commission reviewed this application on September 19 and October 17, 1994 and recommended approval of the proposed variances and coixlitional use permit based on the following findings: Page 1 of 7 TRANSFER ENTERED MP»€»TN cpunty TAXPAYCT SERVICSS NOV t9 1994 IS s *8HO' A. fi. .1>/ &■-:»c. •\ ^ D. E. F. G. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4^5_____ Applicants were granted a conditional use permit for church use in 1970 on this 1.3 acre property. A church building and parking lot were subsequently constructed. In 1970 a parking lot was proposed to include 52 parking stalls to meet the City requirement for 1 stall per 4 persons based on a 200 person capacity building. That parking lot was constructed somewhat smaller than the proposed plan. Church use has expanded to a level where parking overflows onto Togo Road which is extremely narrow and not suited for parking. The proposed parking lot expansion will add approximately 4,850 s.f. of parking area which will accomodate at least 13 additional vehicles if properly striped. The proposed parkmg lot expansion increases hardcover on the property from 35% to 43%, where only 35% would be allowed in the 500-1,000’ hardcover setback zone. The paricing lot will add to the runoff accumulation from the 30 acre watershed upstream from a deteriorated drain tile on the adjacent property. Per the City Engineer ’s recommendation, it would be appropriate that the applicants improve drainage by construction of a swale or culvert along applicants’ east property line to alleviate the potential for flooding of the adjacent property. Applicants applied for and were granted a building permit for a lO’xll ’ coat room addition and 14’xl8 ’ carport in December 1993. The inspections department erroneously did not call out the need for a conditional use permit, which normally would be required for such additions to a church in a residential zone. Those additions were constructed and the carport was constructed to extend 22 ’ east from the existing church building rather than L*'.e 14 ^>proved plan, and therefore extended to a point 47 ’ from *he cast property line where a 50’ setback would normally be requireo for a church structure existing as a conditional use permit in a residential zone. Page 2 of 7 A CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. a 4 ft 1 ‘ 4. 5. 6. I.The 3’ carport encroachment has no impact on neighboring properties, and if reduced to meet the setback would be significantly less functional for its intended purpose. Further, an existing tree line along the east property boundary will minimize the visual impact of the encroachment on neighboring properties. J.It would be appropriate to grant the conditional use permit after-the-fact for the structural additions. K.The 1970 conditional use permit discussions and preliminary approval by City Council required a 15’ road easement be granted. The survey submitted for the application indicates only a 10 ’ road easement. Planning Commission finds that it would be appropriate to require the applicants to grant the full 15’ road easement as a condition of the current approval. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use 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 properties; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit for the structural additions to this church which exists by conditional use in a residential zone will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the 2^ning Code and Comprehensive Plan of the City. Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 8 5____ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22. Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover of 43% in the 500-1.000’ lakeshorc setback zone where only 35% hardcc^er is normally allowed, and grants a conditional use permit per Section 10.20, Subdivision 3 (B) for .0 >..0* carport structure to be located 47’ from the side lot line where a 50 setback is normally required, subject to the following conditions: 1. Applicants in conjunction with the adjacent property owner shall obtain a land alteration permit prior to recommencing construction of the parking lot expansion and drainage improvements. Applicants shall complete the drainage improvements as recommended by i.ie C’7 Engineer and subject to inspection and approval by the City Engineer. Prior to issuance of the land alteration permit for the parking expansion, applicants shall provide a parking stall layout schematic, and shall adhere to that schematic by striping the parking stalls. 2. 3. 5. Prior to issuance of the land ^teratiM^iwhut for expansion of the parking lot, applicants shall pay an additipnal $50 in^ental fee to cover the structural conditional use permit and setbaclLYariaiic^ Prior to issuance of the land alteration permit for expansion of the parkin3 lot, applicants shall provide the City with the following easements: A. A drainage easement 7.5’ either side of the culvert or swale centerline within applicants’ property. B 15’ road, drainage and utility easement along the northerly 15’ of the property to acconunodate the existing Togo Road. CITYOFORaa FIMYm OFFICE 1350200000 01 a» 50,00 Page 4 of 7 i 1 •’ r (i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 8 5_____ CSHVj 6 Authorities granted by this variance run with the property not with the owner, but -------are permissive only and must be exercised by application for a building i«rmit within one year of the date of Council approval, or this variance will expire on that date (October 24, 1995). 7.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the 21oning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8 The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ,^do:pted by the Orono City Council on this 24th day of October, 1994. •!/< -: 3T ••••■•’ PropeityfWlmer(s) Edward J . CalJ^n, JrTi Mayor • - *-%•! STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of October, 1994, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LWD/I S. ygg____ motAIW PUIHJC - MWINC80TAcoutn^ My conw-Mlcn —“ “-*• Notary Public Page 5 of 7 T CITY of ORONO RESOLUnON OF THE CITY COUNCIL NO. S 4 8 5 ____ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199^ before me a Notary Public within ^ ^ onHfftrgftirfrj^iinty.personallva'DDeared /g/ /. known to me to be the person(s) described in and who executed the ^Agoing instrumwt^ u)itiuL adcDOV.ledged that he (^y) executed the same as his (their) free act and deed. MXTAf^’^wSlu^-^MrapTA HENNEPIN COU^NTV My oonMntMlon npifw ••IMI J- I/ajLe^ NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ____, 199_before me a Notary Public within and for said county , personally appeared __,wn to me to be the pcrson(s) described in and who executed the foregoing ? ^itrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ____, 199_ before me a Notary Public within and for said county , personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 i EXHIBIT A RESOLUTION NO. 3485 LEGAL DESCRIPTION: The following described tract, piece or parcel of land situate, lying, and being in the County of Hennepin, and State of Minnesota, to-wit: That part of Lot 7, Block 10, Townsitc of Langdon Park, Hennepin County, Minnesota, described as follows, to-wit: Beginning at a point on the East line of said Lot 7 a distance of 136.45 feet North of the Southeast corner thereof; thence West at right angles to said East line a distance of 128 feet; thence South at right angles a distance of 13.55 feet; thence West at right angles a distance of 136 feel more or less to the West line of said Lot 7; thence North along the West line thereof to the Northwest comer thereof; thence East along the North line thereof to the Northeast corner thereof; thence South along the East line thereof to point of beginning,^except road;ialso except the West 100 feci of said a bove described property. ' -1 RUN DATE: 4^1/20)5 )t I7H72»I002S ntOTAOOR 3700 TOOOIID OWNER NAME SUZANNE D FACKLER TAXFAYER SUZANNE D FACKLER NAME/AOOR 3700 TOGO RO WAYZATAMN SS391 3t I7II7233I002I FROFADOR 3690 TOOORO OWNERNAME TIMOTHYFROBERTS TAXPAYER TIMOTHY F ROBERTS NAME/AOOR 3690 TOOORO WAYZATAMN S5391 31 I7II7233I003I PROF AOOR 3S AOORESS UNASSIONEO OWNERNAME HENNEFR<IFORFETTEOLANO TAXPAYER CITYOPORONO NAME/AOOR FOBOXM CRYSTAL BAY MN SS323 PROF AOOR OWNERNAME TAXPAYER NAME/AOOR 31 1711723310034 3643 TOOORO REBECCA J RBED«ARRY HUOHES REBECCA JOANNE REED 364S TOOORO WAYZATAMN SS39I PROP ADM OWNERNAME TAXPAYER NAME/AODR 31 1711723310037 3615 TOOORO M KIRCHENWITZ/D KJRCHENWITZ MELVIN A DONNA KJRCHENWITZ 17S TONKA BAY RO EXCELSIOR MN 55331 31 I71172331004t PROP AOOR 3600 TOOORO OWNERNAME JEWELUAKMWELLS TAXPAYER JAMES E A KAREN M WELLS NAME/AODR MOOTOOORO WAYZATAMN 55301 mu HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE:1• 38 1711723310026 PROPADDR 38 ADDRESS UNASSK jNEO OWNERNAME HENNEPIN PORFETTEDLAND TAXPAYER CITYOFORONO NAME/AOOR POBOX66 CRYSTAL BAY MN 55323 38 1711723310029 PROPADDR 3680 TOGORD OWNERNAME KRISTINACCLEMENT TAXPAYER KRISTINA C CLEMENT NAME/AODR 3680 TOCO RD WAYZATAMN 55391 38 1711723310032 PROP ADDR 3670 TOGO RD OWNERNAME NANCY ANN KIRK TAXPAYER NANCY ANN KIRK NAME/AODR 3670 TOGO RD WAYZATAMN 55391 38 1711723310035 PROPADDR 3675 TOGO RD OWNERNAME RALPH WILLIAM KEMPF TAXPAYER RALPH KEMPF NAME/AODR 3675 TOGO RO WAYZATAMN 55391 38 I71I723310044 PROP ADDR 2117 SHADYWOOD RD OWNERNAME RRRDODSON TAXPAYER RALPH A REBECCA DODSON NAME/AODR 2117 SHADYWOOD RD WAYZATAMN 55391 38 1711723310050 PROP ADDR 3725 TOGO RD OWNERNAME JAMES LEROY BARTH TAXPAYER JAMES BARTH NAME/AODR 3725 7000 RD ORONOMN 55391 I ' aif T-* » ul IT. V4 c-i) 38 1711723310027 PROP ADDR 3710 TOCO RD OWNERNAME UNDA J UNDQUIST TAXPAYER MS UNDA J UNDQUIST NAME/ADDR 3710 TOGORD WAYZATAMN 55391 38 1711723310030 PROP ADDR 3660 TOGO RD OWNERNAME D J LARSON & C F LARSON TAXPAYER DONOVAN J & COIXEEN F LARSON NAME/ADDR 5403 KALENDA DR N E ALBERTVILLE MN 55301 38 1711723310033 PROP ADDR 3637 TOGO RD OWNERNAME VIDAJMENNE TAXPAYER VIDA J MENNE NAME/ADDR 3637 TOGO RD WAYZATAMN 55391 38 1711723310036 PROP ADDR 3655 TOGO RD OWNERNAME MOUND CONG JEHOVAH WITNESSES TAXPAYER NAVARRE CONG OF JEHOVAH WITN NAMF/ADDR OO KINGDOM HALL 3655 TOGO RD WAYZATAMN 55391 38 1711723310047 PROP ADDR 3640 TOGO RD OWNERNAME ROBIN M LEIGHTON TAXPAYER ROBIN M LEIGHTON NAME/ADDR 3640 TOGO RD WAYZATAMN 55391 38 1711723310051 PROP ADDR 3705 TOGO RD OWNERNAME MICHAEL DUANE BARTH TAXPAYER MICHAEL DU ANE BARTH NAME/ADDR 3705 TOGO RD WAYZATAMN 55391 n^ip*vw»x»<»\»- v*>*'a RUN DATE; 40/2003 31 1711733340002 PRO^AODR 3700 NORTHERNAVE OWNER NAME LBOJSLBCHTAETAL TAXPAYER LEO JILECHTA NAME/AOOR 3700 NORTHERN AVE WAYZATAMN 3339 1 31 1711723340013 PROPAOOR 31 ADDRESS UNASSIGNEO OW»«RNAME JEFFREY ROBERT ZELL TAXPAYER JEFFREY ROBERT ZELL NAMB/ADOR 3M0 NORTHERN AVE WAYZATA MN 33391 31 1711723340011 PROPAOOR 3470 NORTHERN AVE OWNERNAME AASOTOAJLSOTO TAXPAYER ALBBIA SOTO NAME/AOOR 3470 NORTHERN AVE WAYZATAMN 33391 31 171172334002S PROPAOOR 3440 UV1NOSTONAVE OWNERNAME AMYRTUBEITS TAXPAYER AMYRTOBETTS NAME/AOOR 3440 UVWOSTON AVE WAYZATAMN 33391 31 1711723340031 PROPAOOR 3470 LIVINOSTONAVE OWNERNAME M M LARSON R D A LARSON TAXPAYER MICHAEL MR DEBRA ANN LARSON NAME/AOOR 3470 UYINOSTON AVE WAYZATAMN 33391 34 1711723340043 PRORAOOR 3733 UVBMSTONAVE OWWRNAME LAKE MTKA WOODS ASSOC TAXPAYER LAKE MIKA WOODS ASSOC NAMB/ADOR CIO EAOU CREST NORTHWST INC POBOK 47333 PLYMOUTH MN 33447 ■ la HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE: 2 31 1711723340013 PROP ADDR 3430 NORTHERN AVE OWNERNAME C A MAYES RS K MAYES TAXPAYER CHAO R SARA MAYES NAME/AOOR 3430 NORTHERN AVE WAYZATAMN 33391 31 1711723340014 PROPAOOR 3410 NORTHERN AVE OWNERNAME JEFFREYRZELL TAXPAYER JEFFREY R ZELL NAME/AODR 3410 NORTHERN AVE WAYZATAMN 33391 31 1711723340023 PROPAOOR 2233 BLAINE AVE OWNERNAME HLBAKKENRMIBAKKEN TAXPAYER HAROLD LBAKICEN NAM0AODR I30BANKSTSB MPLSMN 33414 3t 1711723340029 PROPAOOR 3430 LIVINOSTON AVE OWNERNAME MKOAUMOVRNNOAUMOVA TAXPAYER MINAKHMETKOALIMOV NAME/AODR 3430 LIVINOSTON AVE WAYZATAMN 33391 3S 1711723340032 PROPAOOR 3410 LIVINOSTON AVE OWNERNAME CHERYLKMOUM TAXPAYER CHERYLKMOUM NAME/AOOR lOMI WAYZATA BLVD «I20 MINNETONKA MN 33303 31 1711723420021 PROPAOOR 3401 TOOORO OWNERNAME THOMASLSNYDER TAXPAYER THOMAS L SNYDER NAME/AODR 3401 TOGO RO ()RO|tK>MN 33391 rr :■) 38 1711723340014 PROP ADDR 3633 TOGO RD OWNERNAME MARY ERIPPOERGER TAXPAYER MARY E SCHOMMER NAME/ADDR 3633 TOGO ROAD WAYZATAMN 35391 38 1711723340017 PROP ADDR 3640 NORTHERN AVE OWNERNAME SCOTTWGARDNER TAXPAYER SCOTT W GARDNER NAME/ADDR 3640 NORTHERN AVE WAYZATAMN 53391 38 1711723340027 PROP ADDR 3630 LIVINOSTON AVE OWNER NAME J T PROCK A E PINSTRUP^ROCK TAXPAYER JASON PROCK NAME/AOOR ELLY PWSTRUP-PROCK 3630 LIVINGSTON AVE WAYZATAMN 33391 38 1711723340030 PROP ADDR 3660 LIVINGSTON AVE OWNERNAME RANDY J STEVENS TAXPAYER RANDY J STEVENS NAME/AOOR 3660 LIVINGSTON AVE WAYZATAMN 35391 38 1 711723340052 PROP ADDR 38 ADDRESS UNASSIGNEO OWNERNAME HENNEPIN CO REGIONAL RR AUTH TAXPAYER HENNEPIN CO REGIONAL RR AUTH NAME/ADDR 417 5TH STN 4320 MINNEAPOUSMN 33401 PROPAOOR OWNER NAME TAXPAYER NAME/AOOR r\ 38 1711723420022 2171 SHAOYWOOORD JACQUELYN A ROBERTSON JACQUELYN A ROBERTSON 2171 SHAOYWOOORD WAYZATAMN 35391 i. It Ik r mm ie: RUN DATE :4ai/2AS St I7II73S4S0I3« PROTAOOR 2177 SHAOYWOODRD OWNERNAME KM HEMS *M 0 HEINS TAXTAYER KENT M * MICHEtLE D HEB4S NAME^AOOR 2177 SHAOYWOOD RO WAYZATAMN SSS9I HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 1711723430131 PROPAOOR 3390 NORTHERN AVE OWNERNAME DEANWAJUUANNKHUNTER TAXPAYER DEAN W A JUUANN K HUNTER NAME/AOOR 3043 TUXEDO BLVO MOUND MN 33364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IFFCHtMAHON AS IT APPEARS THIS DATE ON THE OF THE HENNEPIN COUNTY TAXPAYER SEI^CX^DEPARTMEN3V1TMTIMEST CH^ MY KNOWLEDGE AND BELIEF. ifhj/^5 •PACE: 3' Jp•< < »-'m T v^4 '1 i:•9 V.' -!i Hennepin County Taxpayer Services Department '•real 10171172331 Houm NumlMr 3685 StTMt NaiiMTOOO RD TNa 1$ not B legally raoonM map. It rapraaai^ a oompttatton aUntormation and data fixm City, County, and State mad authorttia* and other aourva. Date Application Received: 04>2<M)S Date Application Coniidcred ai Complete: 0S-04-0S 60*Day Review Period Eipirci: 07-04^5 •»cctING JUN 1 3 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: May 31,2005 Item No. n Departmeat Approval: Name: Melanie Curtis Title: City Planner ^ Administrator Approval:Agenda Section: Item Description: 05-3110 - Tom & Sheila Browne - 760 Brown Rd S - Variances Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2-acres/200 ’ 39,500 s.f. (0.9 acre) above the 929.4 ’ 355.8 ’ List of Exhibits: A. Applicants* Revised Request B. PC Memo & Exhibits of May 11,2005 C. PC Action Notice dated May 17,2005 D. Draft PC Minutes - May 2005 Application Summary: The applicants’ property is located on Tanager Lake. Tanager Lake is classified by the DNR as a Recreational Development Lake; within the Shoreland Management section of Orono’s Zoning Code it is stipulated that a Recreational Development Lake requires a 100’ structure setback for properties with on-site septic systems. The applicants would like to construct a window dormer for added space and safety in an existing 2** story bathroom. As the entire home is located within the 100’ structure setback, any building envelope expansion requires a lake setback variance. Additionally, the applicants would like to construct a small garage addition to the north of their attached garage. At the recommendation of two Planning Commission members the applicants have reduced the size of the proposed garage and proposed additional hardcover removals. Planning Commission Recommendation On May 16,2005, Planning Commission voted 4 - 2 to recommend approval of the lake setback variance in order to construct a 2”* story dormer but recommended denial of the lake setback and hardcover variances in order to construct the garage addition. The dissenting Commissioners stated they would be in favor of a smaller garage addition with additional hardcover removals. j ■ DW’! Pianniag Staff RccommeBdation Planning Staff recommends approval of the lake setback variance in order to construct the 2”'' floor dormer not extending outside the existing home footprint, however recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Council find that a hardship exists with respect to the revised garage addition proposal (which has not been reviewed by the Planning Commission) appropriate hardcover removals should be discussed. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council’s decision. p.. ' \ . v'-te ...jr . * ■ = . •T 'S' Js. ’ i' ^ cr Aw ; v.':y v'.! ■ ■■ ll I i\XhV' 0(m&irA J . # • 929.4 COHT V- AS& i>- > nmc STONE ler CONCRETE \ PATIO \ IT^ \" \ .tfOi' ♦ 75' SETBACK LINE •••••••• >•• SURVEY- LINE Liu; FILE M5-3110 11M«y200S Page 1 of 5 Dale Applicatioa Received: 04-204)5 Date Appltealhm Coatidered as Coaiplele: 05-04-05 60>Day Review Period Eipires: 07-04-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner L' May 11,2005 05-3110, Tom & Sheila Browne, 760 Brown Rd S Lakeshore Setback & Hardcover Variances Public Hearing IKoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2-acres/200’ 39,500 s.f. (0.9 acre) above the 929.4’ 355.8’ /^plication Summary: The aralicants are requesting lake setback and hardcover variances in order to construct a 2"° floor dormer and an attached garage addition.______ Stqff Reeommeudation: Planning Staff recommends approval of the lake setback variance in order to construct the 2"^ floor dormer, but recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Planning Commission find that a hardship exists with respect to the garage addition appropriate hardcover removals should be discussed. Pertinent Zoning Ordinance Sections Sec. 78-420. Area, height, lot width and yard requirements. (a) Height. No structure or building in any RR-IB district shall exceed 2 M2 stories or 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (acres) Lot Width (feet) From Yard (feet) Side Yard (feet) Side Yard Adjacent to Street (feet) Rear Yard (feel) 2 200 50 30 30 50 Sec. 78-1217. Classification of public waters. The public waters of the city have been classified below consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the protected waters inventory map for the county: Pioleeted Waters Inventory QHWLtfecO I D. I (i) Nt^wriri Emirxmmtnl (NE) lakn LakeClanm 974.5 162-P Dickey Lake 983J I6I-W FILE #05-3110 11 May 2005 Page 2 of 5 ► (2) French Lake (South Basin 930.0 140-P only) Lydiard Lake 970.9 159-P Lake Katrina -154-P Wolsfeld Lake (Medina)-157-P Kecreaihiuii Development (RD) tekes Long 1 Jike 944.3 160-P Mooney Lake 988.0 134-P Taaager Lake 929.4 141-P Hadley Lake (Plymouth)961.4 109-P Cemrai Devlopment (CD) lakes Forest Lake 929.4 139-P Lake Minnetonka 929.4 133-P . ! See. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbtclcs Public Water diBilifiSli&O MB RD CD Tribuiaiy Slnicture UDKamal 150 100 75 100 SSXL 150 75 75 75 Sewage Trealment System 150 75 75 75 Sec. 78-1288. Hard cover limitations. (b) Between 7S 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/Site Plan D. Proposed Floor Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo A Overview Map G. Aerial Photo - Showing Topography H. Site Photogra|riu I. Resolution No. 3314 J. Property Owners List K. Plat Map FILE #05-3110 11 May 2005 Page 3 of 5 Background The applicants* property is located on Tanager Lake. Tanager Lake is classified by the Deparlinent of Natural Resources (DNR) as a Recreational Development Lake, within the Shoreland Management section of Orono’s Zoning Code it is stipulated that a Recreational Development Lake requires a 100’ structure setback for propeilics with on site septic systems. The applicants would like to construct a window dormer for added space and safety in an existing 2"*^ story bathroom. As the entire home is located within the 100* structure setback, any building envelope expansion requires a lake setback variance. Additionally, the applicants would like to construct a small garage addition to the north of their attached garage. LOT ANALYSIS WORSHEET Lot Area/Width: RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acre)200 ’ Actual 39,500 s.f. (0.9 acre)355.8* Setbacks: RR-IB Required Existina Proposed Lake 100*00to43’ (garage addition) Rear 30 ’121 ’110’ North Side 30 ’100 ’84’ South Side 10*124 ’No change Structural Coverage: Total Lot Area Total Structural Coverage 39,500 s.r. (0.9 acre)Allowed: 5,925 s.f. (15%) Existing: 3,247 (8%) Proposed: 3,507 s.f (8.8%) Hardcover Calculationi: Hardcover Zone Total Area luZoue Allowed Hardcover Existing Hardcover Proposed Hardcover Total Site Hardcover 0-75 24.215 s.f os.r (0%) 5,220 s.f* (21.5%) 5,220 s.f * (21.5%)8,014 8.f* (52%)75 - 250 15,285 s.f 3,821 s.f (25%) 2,794 s.f * (18%) 2,794 s.f * (18%) After exclusion of fabric or plaslic-lined landscape beds Hardcover Variance Over half of the applicants* home is located within 75* of the OHWL. A 928 s.f. concrete patio exists almost entirely within 75* of the OHWL, this patio is potentially a FILEi05-3110 11 May 2005 Page 4 of 5 Femnant from a garage which was had been previously removed, additionally there is a 400 s.f. deck within this zone as well. Although the applicants’ are requesting to construct a garage addition over existing blacktop hardcover, the property has excessive hardcover due to the limited dry buildable land area and the proximity to the OHWL of Tanager Lake as opposed to a non-lake wetland. Lake Setback Variance The Shoreland Management section of the Zoning Ordinance was adopted in 1992. This ordinance was adopted, and as a result Tanager Lake became classified as a Recreational Development Lake and subject to a 100’ structure setback for those properties not served by municipal sewer. The home on this property was originally constructed at a time when the water body to the cast was considered a wetland and not subject to lakeshore regulations. The property has only 0.9 acre of dry buildable land on the 4.S acre parcel. The entire dry buildable portion of the applicants’ lot is along Brown Road and is within the 100’ required structural setback. Any expansion of the home requires a variance to the 100’ required setback. The applicants would like to add a dormer on the south side of their home on the story. The dormer will not encroach further toward the lake than the existing home, nor will it extend outside the footprint of the home. The proposed garage addition will encroach closer to the lake than the home currently encroaches on the north side. Additionally, on the northern side of the home the entire flat yard area prior to the drop-off to the lake is paved driveway. This addition would be built over existing paved driveway. The (qiplicants received variances in 1993 to allow enclosure of an upper level deck, and the addition of a screen porch over an existing deck. A 20’x26’ deck/pool structure addition portion of this same application was denied. Resolution No. 3314 is attached as Exhibit I. Hardship Statement The applicants have completed the Hardship Documentation Form attached as Exhibit B, and should be asked for edditional testimony regarding the application. Hardship Analysis /» coHMU^Hg appIkahoKM for vortanct, the PlanalHg Qtmmtition skall cotuMer the effect of the proposed variance upon the health, attfety and welfare of the community, existing and anticipated traffic vndUlonM, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Hanning Commission shall consider reconunendhtg approval for variances ftam the literal provistous of the Zoning Code In Instances where their strict enforcement would cause undue hardship because ef circumstances unigue to the individual property under consideration , and shall recommend approval only when It is demonstrated that such actions will be in keeping with the spirit and Intent of die Orono Zoning Code. Staff finds that the property is unique in that the buildable area is located entirely within the 100’ structure setbwk requiring variances for any changes/additions. Over half of the home exists within the 75 ’ setback resulting in an excessive amount of hardcover with the » FILE #05-3110 11May2005 Page 5 of 5 0*75* zone. The proposed donner does not appear to have any negative effects on the neighboring prop^ies or on the lake, however the garage addition adds significantly to the massing of the home and seemingly Tilling up** the buildable area of the lot. Issues for Consideration 1. Will the garage addition have a negative impact with respect to the visual massing of the property? 2. Potential hardcover removals? 928 s.f. patio? 12*xl4* shed? Excess driveway? Lakeside deck? Stone and wood borders? 3. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lake setback variance in order to construct the 2”^ floor dormer not extending outside the existing home footprint, however recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Planning Commission find that a hardship exists with respect to the garage addition ^)propriate hardcover removals should be discussed. m f;" ' , ■ • m ■ 'i:. WlLjf Wl WIWIIW Variance Application T Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received: Amount Paid: laMliL Staff: _lVi Fee: 7/£i VO $600 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 application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 7^o /Proo/A/ ttJL fo. ~ Property Identification Number (PIN): ^3 oooh (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): Jmog. □ Yes, I own the adjacent parcels. Present use of property: IS Residential □ Other_______________________ Zoning District: _________________ APPLICANT INFORMATION: (Complete legal nar.es and marital status required for each Interested party) Name: SKeHo. aaJL Tkom.f^s Phone (home): V7J-fa.X7 _________Phone (work): 9S’l~ S’lS’’ Hi / Address: sSJ9/______________ Email: uS Fax: OWNER INFORMATION: (Complete legal names er.d marital status required for each interested party) Name: /JroiAr>%e. fri'- 5^2 i22./Phone (home): 9XS7 _________Phone (work): _______________ Address: ILo KJ. Sp. /vl^ irs"?**/________________ Email:_____________________________________Fax: y DESCRIPTION OF REQUEST:Estimated Project Cost: $___ /J^TA 1^00^Describe the request in detail (attach additional sheets if necessary): /) At* Ce,:ttA.^ TkpT hr^^f Tn Oa* TAe. Ousfi.'eip. U jaH. “Tk: Afjts S kdJt LrC^ZcjL jteoA. UPtjTt TkpntAA. ULit^ * j»pf. 1 * D pca . A . r, ., ^ * t YfiiWWiHe. Ft4.ll t * AtvJ. U j'^. 72M///Z poerf AerJl aff 7^ j^lsntmjj-C Cx/f7t*A/^ Poe '^ Ae^fP 3Af of a AP/tAmP. c Ta/ A^aJOL S.’s/p ujJLt^e. N2i5L \»rfr ^ ^0 A/0iM /ctUAT. :i#7/af<w ff Aai A^4ajy //m,,'LoCji7i¥^ r\fLi ^€T-f ^idJt__/O C/^ 7o ^.7 1^7 BhT Urt^UU 4^. t,T .> ... ,.} 3 n l n t\ t #,,u ’^1 + REQUIRED SUBMITTALS: All of the following Information must be submitted by the application deadline date in order for yoCir application to be processed. O' Pre>Application Meeting Form, completed by a City Planner. M Completed Application Form Gf Completed Hardship Documentation Form Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. be obtained from Hennepin County Department of Finance, 44^-4^/Govemment Center, A-603 300 South 6*^ Street, Minneapolis, telephone 612-348-5910 M Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy S.S” x 11” or 11" X17 ” for reproduction. Gl Completed hardcover calculation worksheets (as provided within the variance packet). 18 Topographic sun/ey - including existing and proposed elevations. Provide one copy 8.5 " x 11” or 1 r X17" for reproduction. ^ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all Information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred In review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submltUng a complete application being aware that upon failure to do so, the staff has no altsmativs 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: __^ ftj Ajspiicant's Signature: Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and 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. /T ii A I T t ^ f m • Page 1 of3 HARDSHIP DOCUMENTATION FORM I This form is a rsquirad submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Ranning 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." 7a S^T^Acft CJjaA/Ly \ 2. I 3. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Tw /99!? "TK^. atr^a ■ A c>/ TKj^ V. Aent*s T utAfejt. tj Lacjttvl. aT TLe fMmXketr TKt. /kcT'^ Tie V. Tkt i'$ r*^c c/ft.4c' 0f TKe. U Leiie "The variance, if granted, will not alter the essential character of the locality. /klf is oi>\J ^Hic71 ■<* mt U// // HA\/e A/a Ei-fedr To Tkj>. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ACAit^yf f ii FotL. A To BArfejt To-______Sf___._______________.___________________ oi nxgid. AS u,£i/At T* kA\\e of-f Tkd. ; A/etUmit- /f ^ Tv T/u/evjc . . /t /Tk tsr, ; P’, >• • i ■ t y i I f O K- 5. 6. 7. 8. 9. 10. ■■V 11. Page 2 of3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.* The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” /a /M if A *The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” ■nM ”The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” Tkt. ir W.9 OaT is A/VATK. 4-g^ir iffy rkt lAke OUiuLa.T iaj^ tl Ren/tstT.'a,^ Tip C.T. TLe. ■The conditions do not apply generally to other land or structures In the district in which said land is locatad.” ■The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” ^ /f optA/mjf To AtiaL 7'o C-AAJlmt. if u/ **dU. •The granting of the proposed variarKe will not In any way impair health, safety, comfort, morals, or In any other respect be contrary to the intent of the Zoning Code." __tUA_____________________________ 1 (Hi x-\m- 12. Page 3 of 3 The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” ../i/A____________________________________________ Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, pratiical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): AouTit * J9 79 2^ ____ (JU*^ik4JL TLm. C:7^ r» TU CftiTM.'A sT./tat 4- Xm. /kstttJi.' 2\j /9f_____TXt. u^At y'f ^ STit?'*tJ tuLieJL k^JL oaj TXe. JLoT Mf jr mtu.e 7> 7k^ CjL$a^^ __4^#0A. k^tl. kdfJc. ^ TkAr TXm^^4*/£ 4aa/. «4lL. e/n.t, A^/t0t /> /Ky /us;^Umj, <A^ 0€0<^0. J f W Xj) ^ “I r i %}I •, ■■ . .V > ‘i ■ m ......... . *iJLc- '^V r"„t' ■'xmrn _ V"'Mi- -f,l iU PA. i f ^(aO So • Certificate of Survey for Thomas R. Browne the SE% of Section 3-117-23 DECII Hennepin County, Minnesota^gj^ BCtW O < O >- H 2 D O U Csl O m o io O 2 *fse^y #/ jHThijJt r 1 i_ \ # t?- T*V S f- I i • ;. ^ A M L*> i m o 4- O ^ 'c' •:rr -I \ 5J.4-7 1 o>•X m i 1 T7 o lOfe.CO o 1*0 r V. ,- ^ y -r . J-, « j lA o\ «1K Corner of ttion i-Wl-ZZ _ _ _ _ _k_J_ _ _ _ _ _ _ _ _ _ _, ‘SowlU \me of* S.E y^. of Secliovt S*\\l-Z3 I hereby certify that this is a true and correct representation of a survey of the boundaries of the South 396 feet of the West half of the Southwest quarter of the Southeast quarter of Section 3, Townshio 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT the South 93 feet thereof, and the location of all existing buildings thereon. It does not purport to show any other im- provements or encroachments. COFFIN S GRONBERG, INC. Date : 7-7-86 Scale: 1" « 100' 0 : Iron marker 'Mane S. eronoerg Lic.^fk•erg Lic.yW). 12755 Engineers & Land Surveyors long Lake, Minnesota r I H I N O |0 O 0 t ^C^ -H • li C#- ocT.r. bJ \f i J o rn <^ BUCKTOPDWVEWAYLU / / N 8t*ir 45** • 5X0&- .. ■ \ \ t I XcLu ^ooi * /)spA/)/r ^qof«A/<^ 'TotK ri'XL/f.'lA HtO^KC^ yco Jo. SiToujnj ij V 7.7 - 91^7 • S/«€^ ^ ! I 7, '/>• . AX? <7^ ax/0 kfi>pJodS /(^'O.C. /r)fi7<^L ^)^/s7*n/< /8oof ___ — — 8/j TT X/vf 4^ l/oH ’lor^ l/^/v^Ti G u7T C^/2# • Jy^sci^ ^e7A/ (//i//eyj 0^/^ DofL/Vv^^ I •"f ■■-J >■ i T tjrv ^ncj.Tk^ ^!fftj/t / /iJ0\.j I / \ • ’f- v. .: . • ^ ** : g- ^f] QLU fO C ' 9f2 « V77- 9lKl Hi (uiAjJffUj k/> ExiiTiA^^ S tAgJT Fkf^ * ^dT {JUATtA UtAf jjJithLu^ X vf tc/«c/g. X y»a/e. Cn»Mk OijlT Vo" Q£AA/0Q/t i f,TiAJr. RepUceu./^l^ ^x dooc r 1-0 to'*t - i X V U/4 1/ ScdOfUcL f'iotin. BfiiTArOOrr\^ P/oO/L P//^ n/ 3 r 1 i 1 11 !1 1 ^ I , f 1 11 1- "y C> Q Cl S/'ou^rxj VX7- ?X57 ihi/of ’ ^ RAiTe/t r^ 'Vj r ^ J^fouiclpL fiTTir \Jetu7i lATiOtyj Tn AT leAiT /)7T<c. fi/tf/i. CoulJ hf. Af r {J^pfAjJliAf^ ujkjtT ^ Prau,JgJ. iaj (A^^or^ a ’f fioo'f ^SgfftT \Jca /Tf J I ■ • ■> f? ^r.'. V »> ^ -3 ''H « t ■»iiiiiiiiii>»iiiiiiB/»h<»y*»w>w\ Miv>wm«wvBM>Y'»yv>»wi, rr/e. n»»r it/itk^ me. w v x lirx tt' La.*^s * Xmi I /iVt<g Sd'f^i Ts :t i': /fl >tr /.•>... <*J 5 3 I • ? sIS racrrr ~/io'C ► MfitAj f^TT! Cl PlaQrt^ ________________________ r^r-V <r% r-f .** r I r^-i.f 1 ri ,r^. I -•••. *•♦ IVI P^5C X ii^hiiifmtiiii ■■^ ' •.-. r jR/x>4* - Provide. ATTic. UeAj7,'lAT.ft,j Te ATTiC. />/ggi3 P^tiLn'Jt 3. lA}fer\ oi is Ik Pe.IT SatitJL bsAAfxeJL Tot iaakir 1a, tuJi ^fycf. M/fiJl Lin/e_______ ^ I.*! ff/i-FTe/tS U " oo CrA/tA^G^ Door X A/\/e.Loi^ BoITT Q.ycc S;u uy/ se^/1 ^0 LL^G^T'’" EAsT "T’l^rOu.jk^ f)oLc^i /iQA> ^00 lor^ V~ f]r a uja ^ 7^ Td. S,(TO UJ^PJ 9^1- ^11-92 <1 Vx"= I'o" IjxC J, //~ se^/ •• V' y tijt ’’ «ew j'=^ • '■^-*. J^Tie Z-^Tc C-K^slwcUi/iii VI /«■> * Ofi. So>l lop U/tiOfc wy/^7 _ ;>.x& lua H iiituj ~lr AtiS^C......D.pgr. !i' r»ir-T^ --H- / / y:V/. > / Tit Cotucitpjtc. Q/a Ix TTi, Tk * c /c ^X4 J/// Li^ SeAf Y^ \ !K AjutJ\.ol fld/Ty 6" PC m / r •*. /:>m. ^ S^ke/ Iol. 7<^(9 io. f3roLAj/\j RcA ¥13- 9:kS7 _________ fou/url/i~nn/U F/onfl, P//?/\>_______ / * ■- \ r n- >i % f‘i ■■i iAi / f j') FooTtji,c C A\iAjt^uyn. VA /it/ /n Q(t,yMi,l Sa.l f>or>L A] FonT^A^^c 4- d/oc,k ^ hJPi^ 5~ n» 7i Cd'rx/cnprrc: nioc.k uja h ^ ?couiUe ^An n/oc.kr. Pu.u Uf.UTL 9;f/ EIa^{L—lop Cou.t^Tt SoLxA ^ ^ f^r^^Jlolr Bl /^I/V /if BrKktJ^PjL iru /V/OJo'^^A^ i Y\J» ^ ^ ^c.^ 'W ■' I ^ . .. If. (T% S^7' ■ jf^ciiA^ne^nhr\. xJ" S^Lp.i tA /? 7^0 So /3i^Q(yU/J ft6L ?S'l- V73- 9i<l 11 ^F(ASkif>0y :o/u I * > '•"* ^'X' '''^l '•; ■ ■_■ !’it'' If ■ L ^ >? < \:f .ti?.Vv^ ? 4 ' »• «r V .'J; i * !i . ' J? < p"' r -. • ‘ r-/ s r” ■ ^• ■; « • • V'• ?•• ^ .*i / ^I ’ / ‘ ;■ ; f.r ■ I^V '• .’ i >’;- j ‘f'i‘1 ’'. h ■. ■ • ■ ;-v- ?. ■ >* -v. ::>L f\jeu/ Gfyfifyjt. OoofL ConyC^eZg I r £Xi's7i^y Qao/Zr W^\e/not/e Ot/^TTCft (Jjt3s7 U A J f r) /\y ry , • r- > Vi,- Th 0/AA5^W£\H^t'/H stc3-in HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House 75-250'250-500' Lcn|Ui Width 500-1000* >7Z^ S.F.- X X X \OS B. Oarage C. Driveway X X 2073 D. Sidewalk X X 30 E. Patio/Deck X X 400 F. LaiKbcape Underlain By Plastic Or Fabric X X X £2. O. Other 5?3I TOTALpS^TY*5S^'iNZ^ tMayOtHfir BWO Rl6Hr»BF>4»l T 2»,2»S~ A f B X 100 PROPOSED HARDCOVER IN ZONE A. House _____ X Ltnglh Width X X X B. Oarage C. Driveway D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plasiic Or Fabric X X X 0, Other Total hardcover in zone TOTAL PROPERTY AREA IN ZONE A_ _ _ _ _ _ _+ B X 100 •// **^*:'-jr% i'v L-“v OSS*;iv.-!;L :■! nu • y'* ^ ! S.F. S.F. S.F.- ?oacH S.F. c^XACurofi g P ■ OrtiuTura; ^Y^COUC. nTX <5 P to oeck. S.F- conc^M" S.F. -or^^a ST S.F.-ME M S.F. S.F.-N?e C »V»*i S.F.-SThiMf BOloeef S.F. S.F. % A D S.F. S.F. S.F. S.F. S.F. S.F. S.P. • S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. % A B J • • r HARDCOVER CALCULATI SETBACK ZONE: (CIRCLE ONE) 0-75' existing hardcover !N zone A. House V WORKSHEET 250-500' Lcnflh J3^ B. Oamge C. Driveway D. Sidewalk E. Pa(io/Deck F. Landscape Underlain By Plastic Or Fabric X X X Width t'l.l 500-1000* JJL5ft__S.F. ns X X % X X X X X X G. Other sz ttfOtfO •* B0ROQ2.X \Z\ sm <^97 146 407 ‘i'7’7 TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE-NOT p(X»o ItIWT-or-UHFi'iS, Z 0^5 A _____________ + B ___________ X100 « 23 proposed HARDCOVER IN ZONE’ A House ___________ X Unglh Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X S.F.-SMe^D ;s.F. S.FrP^KMf • • SF. S.F. S.F. off- S.F.-PORCM ST. «P.4T/C> cf -5«c WRF 'f’ArtoS.F. _S.F. cw _S.F. _S.F.Oa PlASTl^ J_LZ______S.F. S.F. A S.F. B % .S.F. S.F. S.F. .S.F. .S.F. S.F. . S.F. S.F. ]S.F. SF. S.F. S.F. S.F. S.F. f - m • 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _ _ _ + B i X too 'li 1-4 1^ • ■ t: V- S.F. SF. S.F. H A B I r Exhibit F MM ■' ’:, ji ( '■ it ■ ' • :r** 1* \ .. ‘ \ i rf i VA , » % • -O* .‘V ' -rv^v^v- s<!!? xjk yii^^Mfeary^Av.\>i P**l^ El50 V’<m sm3pi -pc^-vr If?'?r I mm I ’ - *• ^ m M »i A-[-'A mxuv^ir cn.- Li’ssrh.^'&aMs.y’^ma^^ 760 Brown Road South Overview Map i}4'bh]T Gj Wm'WKk SI* ■a ; 4 ■1? f i f J ■ ' * feW' Dr £oirM&eAT>Drn»J K .- ^«<Si® ^.fc. »<?*■ ' V;‘''•V.->1 •N M pi r V -:- fe' ^-^ €"5^- ^Mi -^Ai'. ^SH| 4v.-' ■•'i.'ii'" lafci^b HDHH w3B qE(^ ' " 012. S »T r ■- .M ' ^ •P - 4 *f; /: ■ P i-M&i ! f . I ,^1 ■ *' '•'TIFT jfc ts--/;v.,--' '• •,:' 1' :&€■K.':. sm'' - '■• - '" r;\>'r \ ) 'tV , f -» '*^ : • V * . ' . I *\ % V , • -\l -■ •.■' V■- ■ v; • ■'iT- ^'>V V W ' > 05/0-^005 %’X.,, 'I*.- iu #,• > i- n.'.rif.^rvki-rTr *«r ••.,vv* ••,-••».-‘r-* • m • •• Miferr I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.§J_li_____ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.56, SUBDIVISION 16 (C-1) AND (L-1) FILE NO. 1842 WHEREAS, Thomas R. Browne and SheUa R. Browne (hereinafter "the applicants") are owners of the property located at 760 South Brown Road within the City of Orono and legally described as follows: The south 396 feet of the west half of the southwest quarter of the southeast quarter of Section 3, Township 117 North, Range 23 West of the fifth principal meridian, except the south 93 feet thereof, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal 7iyiinp Code Sections 10.56, Subdivision 16 (C-1) and (L-1) to permit the enclosure of an 8V4 X T upper level deck located 56‘ from Tanager Lake where a 100’ setback is required and where the structure already exists at 56’, screen porch addition proposed at a 43’ setback where a 100’ gfthafk is required and where a structure exists at 48’, a deck addition attached to proposed screen porch to be placed 55’ instead of 100’ as required and where the existing deck exists at 55’ and a 20’ x 26’ pool/deck structure to be located 59 ’ from lake instead of the required 100’. Hardcover variances are proposed within the 0-75’ setback area at 5,239.9 s.f. or 20.2% where 17.5% exists and where none is allowed Minnesou: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1842. • I The property is located in the RR-IB Rural Residential Zoning District requiring two acres of dry buildable area. The property consists of a total of 4.9 acres and has 41,315 s.f. or .95 acres of contiguous dry buildable area. Page 1 of 5 • ■ ■■ CITY of ORONO RESOLUTION OF THE CITY COUNCIL O C> vl No._iLii_:______ MM 3. **.v. 4. The Orono Planning Commission reviewed this application on July 19, 1993 and recommended approval of the proposed variances as amended based upon the following findings: A. The 4.9 acre parcel has approximately one acre of contiguous dry buildable area . B.Shoreland Regulations now require 100’ setback for all structures from the Recreational Development lake that encroaches the property placing severe restrictions on the building envelope and making existing structures non- conforming. C.The existing septic system has. been found to meet the 3’ separation required by new Shoreland Regulations and septic code. D. The majority of tne dry buildable area, approximately two-thirds of the dry buildable envelope is located within the 0-75 ’ setback area where no hardcover or structural improvements are allowed. E.Structural setbacks for the newly classified shoreland property make it unbuildable for new development. F.Proposed structural improvements are at2,S62.6 s.f. or 6.2%, well under the allowed 15% structural coverage. G. Total hardcover based on the dry buildable portion of the 4.9 acre parcel is proposed at 5,998.8 s.f. or 14.5%. The City Council finds that the conditions existing nn tliis property are peculiar to it and do not apply generally to other property . i this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 * I 4 . ‘ >CITY of ORONO a,RESOLUnON OF THE CITY COUNCIL V* C' ' WO. WiSS: & 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C-1) and (L- 1) approving an enclosure of an x 7’ upper level deck, installation of a 19'A ’ x 16* screen porch over an existing deck and a connecting deck addition of 250 s.f. and denies variances for a 20 ’ X 26* deck/pool structure, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 9, 1994). 2.Violation of or non<ompliance 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. 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 a;. CITY of ORONO RESOLUTION OF THE CITY COUNCIL <;> •: ••! ly f ■ ..NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of August. 1993. allin. City Clerk Edward J. C Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of August. 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was execiiJ?s<i on behalf of the City. ’ UNDA S. VEE notary PUetJC - MINNESOTA HENNGF 'N COUNTY .. My coiArT»sfi *1 B*l2-08 j 'JjL^ Notary Public Page 4 of 5 ■■ r CITY of ORONO RESOLUTION OF THE CITY COUNCIL no._LL- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ___________. 199_3_ before me a Notary Public within and for said county, personaiW abneared rfuwTits ti. 6r<«tu.->e w .^/ig.la. t. ______known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ISSbwta HEWiepw cowry My oammMan t-IM® NOTARY PUBUC ' V- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, aiidTcknowIedged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of S RBSQUmON 33 14 STATE OF MINNESOTA ) ) COUNTY OP HENNEPIN ) > CITY OF ORONO ) I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on Q_ _ _ _ _ _ _ _ _ _ _, 19jl1 • that the same is a true and correct copy of sai'd resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this <i«y (SEAL) ■ -r ‘V. ^ ’• * ^ »■ ■1 ■ . -u. mi ;:y:7' ■ '. Au:...... .■ '\- >■;=-. iiSmsM S v;v'V'--::\v. ;?•. ,;;.A^ RUN DATE :4^2S^ 31 03U723340001 topADDR 775 BROWNRDS iWERNAME CKPETERSONRJMPETERSON OCPAYER CHARLES K PETERSON \ME/ADDR 775 BROWN RDS WAYZATAMN 55391 3S 0311723430001 tOPADDR 31 ADDRESS UNASSIQNED JWERNAME SUADHAZHARI OCPAYER SUADHAZHARI \ME/AODR 1745POXST WAYZATAMN 55391 38 0311723430005 tOPADDR 800 BROWNRDS 4TNERNAME S M MILLERA.C VKTCERMAN tU OCPAYER LISLE CUPTORDVICKERMANni AME/ADDR SHEILA MMOXER 800 BROWN RDS WAYZATAMN 55391 k.M 'M: HENNEPIN COUNTY PROPERTY nsFORMATION SYSTEM PROPERTY OWNERS LIST 38 0311723340017 PROPADDR 2000 WEBBER HILLS RD OWNER NAME WILLIAM T A MARY M OMEARA TAXPAYER WILLIAM T A MARY MOMEARA NAME/ADDR 2000 WEBBER HILLS RD WAYZATAMN 55391 38 0311723340029 PROP ADDR 2015 WEBBER HILLS RD OWNER NAME RICHARD W PULA ETAL TAXPAYER RICHARD W PULA NAME/ADDR 2015 WEBBER HILLS ROAD WAYZATAMN 55391 38 03117234300C3 PROPADDR 680 BROWN RDS OWNERNAME MJCTTASBOTT TAXPAYER MICHAEL JOTT NAME/ADDR 680 BROWN RD S WAYZATAMN 55391 38 0311723430004 PROP ADDR 760 BROWN RD S OWNERNAME T R BROWNE & S R BROWNE TAXPAYER THOMAS R BROWNE NAME/ADDR 760 SO BROWN ROAD WAYZATAMN 55391 38 1011723120001 PROPADDR 860 BROWNRDS OWNERNAME DAVIDMSKEIERWIFE TAXPAYER DAVID M SKEIE NAME/ADDR 860 BROWN ROAD SOUTH WAYZATAMN 55391 38 1011723210008 PROPADDR 825 BROWN RDS OWNERNAME MARTINP/BRIDGETTPPARADISE TAXPAYER MARTIN P/BRIDOETT P PARADISE NAME/ADDR 825 BROWN RD S WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRE SENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE REC»RDS C»FTHE HENNEPIN COUNTY TAXPAYER SEf^CQ DEPARTMENTTip OFMVB«™£DaE*NDBEUEF._^^^^,^^^^ L7 PAGE: 1 tT*^ * *'' j £ 2 % w:.% CITY OF ORONO 2750 Keliey Parkway POU0X66 Cryital Bay, MN 55323 952.249.4600 ZONING FILE 05-3110 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 17,2005 TO: Tom ft Slwila Browne 760 Brown Rd S Wayzata, MN SS391 COPIES: TYPE OF REQUEST: Variances DATE OF MEETING: May 16,2005 Planaiag Commissioa recommended as follows: 1. Approval of the lake setback variance in order to construct a 2"** story dormer; and 2. Denial of the lake setback and hardcover variances in order to coiutruct an attached garage addition. VOTE: 4 FOR 2 AGAINST * The dissenting Commissioners stated that they would have also reconunended approval of variances for a smaller attached garage addition. Applicant’s next scheduled meeting is confirmed as: city Connell - May 23,2005 — Meeting starts at 7:00 pm I*‘you des're certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Plaiuier, Melanie Curtis at 9S2.249.4627. N V.. ■, . : ■ ':v - t 6 * haft 6.#05-3110 THOMAS AND SHEILA BROWNE, 760 BROWN ROAD SOUTH, VARIANCE, 8:51 P.M.-9:18 P.M. Sheila and lliomas Browne, Applicants, were present. Curtis stated this property is located on Tanager Lake, which is classified as a recreational development lake requiring a 100-foot structure setback. The applicants are requesting lake setback and hardcover variances in order to construct a second floor dormer arid an attached garage addition to the north of their attached garage. Curtis noted the entire residence is located withip; the 100-foot structure and would ■■'Krequire a lake setback variance.'» * Planning Staff recommends approval of the lake setback variance in order to construct the second floor dormer, but recommends denial of the lake setback and hardcover variances for the garage addition. Curtis noted over half of the applicants’ home is located within 7S feet of the ordinary high water level. However, should the Planning Commission find that a hardship exists with respect to the garage addition, appropriate hardcover removals should be discussed. Thomas Browne stated they purchased this property in 1977 with the understanding that there is approximately one acre of buildable land. Browne gave a brief history of the work undertaken on the house, noting that they took the original 980 square foot house and remodeled the house to bring the house up to code and make it livable. Browne stated their family grew over the years and they added on to the residence. i ‘ Browne stated the approval in 1987 for the addition involved relocating the driveway from the south side of the house to the north side due to city and county safety concents. Browne noted the Council at that time felt that the project was a great improvement to the property. Browne indicated hardcover was not an issue at that time. Browne stated in 1992 the government decided that wetlands would be considered part ofTanager Lake. Dt owne indicated three acres of his property was changed to lakv even though the „.ily open water is located at the fartliest point from the house. S' Browne staled a fourth variance in 1993 was approved based on the amount of buildable space available. The City Council at that time found that conditions existed on the property that made this lot unique compared to other properties located in the same zoning district. Browne pointed out the existing hardcover was in existence in 1993. Browne stated the garage would be constructed over existing hardcover and the small changes being proposed will have no major effect on the character of the property. ,, . ' * • \ 4 * ■ t 1 ■ . • .. *• . • • i . • t f Browne stated one garage stall would not constitute massing on the lot and would not have a major Impact on the neighborhood. Browne stated they experienced a greater hardship following the change of the wetland definition in 1993. There were no public comments regarding this application. Rahn inquired why additional structure was not allowed in 1993. * V)i'v Browne stated at that point in time they were ^>plying for a threq^season porch over the existing deck and that there was some discussion concerning a pool. Browne stated because of a concern regarding the need t ■ for additional hardcover to construct a shed to house the, punip and other items, they abandoned their request for a pool. Jurgens inquired whether a hardcovei* variance has ever been granted in any of the past applications. Curtis stated the 1993 resolution calculates the hardcover at 14.5 percent but that it is not clear what was used to calculate that number. :*. • f Gaffron stated he would need to review the file and is not able at this time to determine what constituted the I4.S percent hardcover. Browne stated a survey was conducted back in 1993, but that he is not aware whether it contains any ' • . ,1 hardcover calculations. Jurgens indicated he would like a better understanding of the hardcover on this lot. Fritzler inquired whether there was a permit issued for the patio. Browne stated the patio was removed to construct the existing garage. 1 •' i Browne noted in 1993 the amount orbuildable land on his lot was determined to be .95 acres and today it is being determined at .90. Bremer indicated she would be in favor of the dormer and that the issue appears to be the garage. Rahn indicated he also would be in favor of the dormer and inquired whether the garage would be extending further into the setback. i!-V Jurgens stated he also is not opposed to the dormer but would like clarification on the hardcover. Bremer noted structural coverage would not be increasing. f Browne stated the garage would be constructed over existing hardcover and that they would like to have more storage. Browne noted the basement is not a full basement. Curtis stated the Planning Report from 1993 states that the existing hardcover in the 0-7S’ zone was 17.S percent or 4540 square feet and within the 75*-250’ existing was 1216 square feet or 7.8 percent. Jurgens stated it appears that the hardcover has ^own fh>m the time of the original approvals. Jurgens indicated he would like to see some reductions in the hardcover, noting that the hardcover in the 0-75’ zone is now 21 percent. Rahn noted the building pad is relatively small given the size of the lot. Rahn indicated he is inclined to follow Staffs recommendations. Rahn stated if the garage is constructed over existing drivewry, there would be no increase in hardcover. Browne inquired whether rock is considered hardcover if there is no plastic underneath it. Gafhon stated typically gravel that is compacted is considered hardcover and that decorative rock with no plastic underneath is not considered hardcover. Browne inquired what amount of hardcover would need to be removed Curtis pointed out credit is not given for removal of plastic. Browne indicated there is a row of rocks on top of the ground that helps outline the drop-off that has been depicted on the survey as hardcover. Curtis stated if the rocks serve as a wall or a border, it would be considered hardcover. Winkey stated the Planning Commission typically looks for ways to reduce excessive hardcover on lots wherever possible and that if a variance is being requested, the amount of hardcover should be lowered. Winkey commented there appears to be some areas that could be reduced. Browne stated in his view he would not be able to reduce the hardcover down to the allowable limit. Winkey concurred that it is not possible to reduce the hardcover op this lot tp.the allowable limit but reiterated that some reduction in the hardcover is possible. ' Kempf inquired how wide a one-stall garage typically is. ’' Rahn stated it is usually 12 to 14 feet.' t • j / ’ Kempf slated in his opinion the massing on the lot does need to be considered. Kempf noted the edge of the garage would be located on the edge of the cliff. Kempf indicated he is not opposed to the dormer but that there are some areas of hardcover that could be reduced. Kempf su ggested the garage addition be reduced to 14 feet, which would help to reduce the massing.4 i. Bremer inquired whether the amount of blacktop coutd .be reduced. . •: Browne indicated they are in need of the turnaround, hoting they arc unable to back out of their driveway onto the road due to safety concerns. Winkey noited a portion of the turnaround is located outside of the 0-75* zone. Curtis stated the driveway is difficult to maneuver. Jurgens concurred that the driveway ts difficult to maneuver. Jurgens inquired whether the applicants would like to still proceed with the gaifage. Browne stated he would prefer to proceed forward with the dormer. Rahn commented the building pad is limited and that the addition of the garage might be too much for this lot. Jargens moved, Rahn seconded, to recommend approval of the lake setback variance in order to construct a second floor dormer, but recommended denial of the lake setback and hardcover variances in order to construe! a garage addition for the property located at 760 Brown Road South. VOTE: Ayes 4, Nays 2, Bremer and Kempf Opposed. Bremer stated she would be in favor of the garage addition if there were reductions in hardcover. Hit. ;V >4 -.1'if< i1 f-‘ ^ .js<i J V ■■r- ■fe** Y'V . / ’ili'. i.• . »* V *. > nt. t » f fV *.‘ <: >V: ^ -4 *r p ♦ .r % r*. ,-.\ '•v. ' ’vt ■ r'-“\s. #'■ii‘ y.% ♦ iM'.T •t •/ . •■ • -'r; ' * '* .* ' V*- •' , .•r •f:-r • I-V4V . ■%ih% .r ..t! *C»4>vi14 ,r;>..-,'-) tr. iV ■'LSr* ^Kf’ V’< •? 1. ' "i, '‘v;’ ■ '. v'-..'.i :’M - •■’-fe? ' fl. a4^:^™ i?7rt ■«.. * 4' S>* ■■ iiMAMtMai«rk«dr«raiM^«(tf •. tflPBvmA ._J Date Application Received: 4/20/05 Date Application Considered as Complete: 4/20/05 60*Day Review Period Expires: 6/19/05 "• •»r-i > i 2005 REQUEST FOR COUNCIL ACTION Date: June 1,2005 Item No.: ^ Department Approval: Name: Michael P. GafTron Title: Planning Director Adminislrafoc^pproval:Agenda Section: Zoning Item Description: #05*3111 Watgfr Street Homes for Randall & Sara Hogan, 2260 Fox Street - Variances & CUP - Resolution Zoning District: RR ’ B, Single Family Rural Residential. 2*acre/200' minimum Lot Area/Width: (Not incl. d ’way outlot): Gross area: 3.87 acres Dry: 2.7 ac. + List of Exhibits A • Resolution B - Notice of Planning Commission Action 5-27-05 C - Proposed Site Plan D - Proposed Building Plans and Elevations E - Draft Planning Commission Minutes 5-16-05 F - Zoning Code Sections 78-121 thru 78-123 re: Standards for Issuing Variances G - Memo and Exhibits of 5-12-05 Application Summary: Applicants request a variance for an accessory structure located nearer the front or street lot line than the principal residence structure, and a variance to the allowed footprint area for an oversize accessory structure. The property, not including the separate outlot driveway corridor, is about 2.7 acres, which would allow an accessory structure with a footprint of 1,200 s.f If the total area of the lot and outlot including wetland is used, the lot at 4.985 acres would allow a 2.000 s.f. footprint. The total buried and above ground footprint of the proposed building as reported by the applicant is 3310 »*f., with 1,426 s.f. (or about 43%) above ground. Additionally, a Conditional Use Permit is requested for plumbing in an accessory structure that includes a toilet. Planning Commission Recommendation: On May 16 Planning Commission voted 4-2 to recommend approval of the variances for the location and for the Ov ersize Accessory Structure (OAS) footprint in excess of that normally allowed based on the lot size: and approval of a Conditional Use Permit for plumbing in an accessory structure; subject to the standard OAS and accessory building plumbing covenants, in addition to a covenant that the building cannot be used for commercial purposes now or in the future. The minority opinion of the PC members was that there is no hardship to support the oversize aspect of the structure. MS-3111 2260 Foi Street JuNel,200S Page 2 Discussion The variance for location of the proposed building would appear to be justifiable and supported by viable hardships due to the unique characteristics of this lot, including the wetlands, the house location, the location of septic sites, and the remoteness which limits the visual impacts of being between the house and the road. The CUP for plumbing in an accessory building is appropriate given the location and intended use of the building. The appropriate covenants can be required to prohibit inappropriate uses such as for a home occupation, as a guest house or as a dwelling of any sort. Note that the Fire Marshal is currently reviewing whether this building requires fire suppression sprinkling. There was some discussion at the Planning Commission meeting regarding accuracy of the survey with regard to the wetlands, and the submitted grading plan did not match the elevation views in terms of exposure of lower level walls, etc. The applicant has advised that a revised grading plan will be provided before the June 13 meeting, and the wetlands are going to be re-staked. Variance for allowable size The variance for exceeding the allowable size for an oversize accessory structure, is a bit more difficult to get one’s hands around. There is no clear “hardship ” that justifies allowing a larger building. However, the proposal does appear to meet the intent of the ordinance. Tliw* basis for the OAS ordinance when it was adopted in 1989 was two-fold; 1) limit the visual impacts of large accessory buildings; and 2) limit the potential for uses not compatible with single-family residential neighborhoods. This application focuses on the question as to whether granting a variance to allow this building with footprint larger than that allowed by the OAS ordinance based on the lot size, is justified. The last such request was denied by Council (1005 Hunt Farm Road in October 2004: 2160 s.f. proposed where only 1200 s.f. was allowed) partly as a result of neighborhood concerns. Staff has not reviewed the history of past such applications; the number of requests for buildings exceeding the “OAS Table ” size limits has been relatively few. The purpose of the variance process is to enable a provision of the zoning code to be varied “...in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of (the zoning code) and where the variance does not adversely affect the purpose and intent of (the zoning code) nor the health or welfare of the public.” “Before granting a variance, the Council shall hear requests for variances from the literal provisions of (the zoning code) in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of (the zoning code). The key parameters generally used to determine whether a variance will be granted are as follows: (1) The property in question cannot be put to a reasonable use if used under conditions allowed by the ofHcial controls. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner (3) The variance, if granted, will not alter the essential character of the locality. From staffs perspective, the development proposal is a good solution with no or minimal negative impacts. However, from staffs perspective, the conditions necessary to meeting this definition of hardship, on which a variance approval would be based, are not present for this development proposal. Staff RccommcBdation The basis of the Planning Commission’s 4*2 recommendation for approval is that this proposal is a good solution that meets the intent of the code. Although the accessory structure proposal does not meet the letter of the code, in that the total square footage of the one accessory structure is greater than 2,000 square feet, it does meet the intent of the code in that the visual impact is similar to an accessory structure of less than 2,000 square feet. Oversized accessory structures are regulated according to a table that allows both a maximum individual accessory structure footprint area, and a maximum allowed total of all accessory structure footprint areas on a property. For this property, the maximum individual accessory structure footprint area is 2,000 square feet. The maximum total of all accessory structure footprint areas is 4,000 square feet. The proposed accessory structure plan is within the 4,000 square foot maximum. The portion of the structure that is above ground is within the 2,000 square foot maximum. Staff concurs with the majority conclusion of the Planning Commission, that the proposed project as designed and when subject to a variety of covenants, will likely have no negative impacts on the neighborhood. Council is asked to review the criteria for variance approval in Sections 78-121 and 78-123, to determine whether there are “practical difTicultics or particular hardships” in the vsay of carrying out the strict letter of the code, and whether granting approval will “not adversely affect the purpose and intent of (the zoning code) nor the health or welfare of the public”. A resolution is attached that reflects the majority Planning Commission recommendation, for Council consideration and possible amendment or adoption. If the Council believes the proposal is a good solution, it may want to consider whether the proposal may fit into a category ’ of development proposals that are best dealt w ith through a process other than a variance process. StalT could conduct an analysis of variance applications to identify instances in which a variance was granted or denied when the operative condition of the development proposal was that it was a good solution with no negative impacts, that met the intent of the code. If there is a pattern, or if a type of development proposal is identified that would more appropriately be dealt with through another type of review process, such as a conditional use permit process, the council could consider addressing this in the zoning code. J COUNCIL ACTION REQUESTED Determine whether the l^>piication should be lyipioved, and if so, adopt or amend the attached resolution, ^ •r.iikv^JKy * • ‘-.y • ./Sil fi* P^*’’ { 'jr ■ *5 ;■. %■ ■« =■.' V?^W-m*.M va :M ■: I^K^ : V../: :.d 7-'^lippi'--- S:" '■ - ■-'■ ■ ' 7. ;■ •y.:7;-' :: :■ ;. 7-7- ■ ■'■■" ■ • V?;: V'-; V. 7 / ■ •: • • • ! • ■• •!••.... J. ■/’A-' ■:'■■ ■:,;^V : r ..t , ;.1._. 1 •..a.U 0 MSX- t- mm V- ' ■|Vv> iy i^'‘ m::- -•: i: :f . .• -r-!.'7 . *• • .* *: r ';- ■ •■•7':: 4 7777-;#:■ ; . 7'^ ' . • |v7;i7«a« V. vj.jVsjjfeiiii' rrf, j**'-,.'’ , M . •: .• ■■A ; ■ ; 7/-7 :. .;7 7:•v:7^7■7^^ ■ ■ .. . .;.; .^v:.:v>.'v,. o.:.-;-: ; .2;: :7;'.2atiM ' In A RESOLUTION GRANTING VARIANCES TO MUNiaPAL ZONING CODE SECTIONS 78-1434 AND 78-1435 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-418(16) nLE NO. 05-3111 WHEREAS, Randall J. Hogan and Sara G. Hogan, husband and wife (hereinafter "the a{q;>licants"), represented by Water Street Homes, are the owners of the property located at 2260 Fox Street within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 1, and Outlot A, BILL KELLEY’S LAND THIRD DIVISION, Hennepin County, Minnesota (hereinafter "the property"), (also identified as PINS 03-117-23 32 0019 and 03-117-23 32 0021); and WHEREAS, the iqiplicants have submitted an application requesting a variance to Municipal Zoning Code Section 78-1434 to permit the construction of an Oversize Accessory Structure (OAS) with a footprint of approximately 3,310 s.f. on a property where the maximum OAS footprint dlow^ is 1,200 s.f.; and WHEREAS, the (qjplicants have submitted an application requesting a variance to Municipal Zoning Code Section 78-1435 to permit the above mentioned OAS to be located nearer the front or street lot line than the principal residence structure on the property, where no accessory structures are normally allowed; and WHEREAS, the applicants have requested a conditional use permit per Municipal Zoning Code Section 78-418(16) to allow the installation of plumbing to include a toilet and lavatory within the accessory structure; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held a public hearing on May 16,2005, at which times all persons desiring o be heard concerning this application were given the opportunity to speak thereon. Page 1 of 6 2. 3. «». • jm NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: nNDINGS 1. This application was reviewed as Zoning File #05-3 111. The property is located in the RR-IB Rural Residential Zoning District requiring a minimunt lot area of 2.0 acres and a minimum lot width of 200 feet for residential development The propely is approximately 3.87 acres in gross area, 2.7 acres in dry buildable area and approximately 365 feet in defined width. The property owned in common also includes Outlot A which comprises approximately 1.11 acres of which approximately 0.9 acres is non-wetland. The Planning Commission reviewed the variance and conditional use permit application at a public hearing held on May 16, 2005. The Planning Commission subsequently recommended approval of the requested variances and conditional use permit on a vote of 4-2 based on the following findings, hardships and conclusions: a)Factors that resulted in the proposed location for this accessory building and that constitute hardships or unique site characteristics include the location of the septic system drai^eld sites and a delineated non-Orono wetland i*i the NE quadrant of the site; the location of the wetland on the westerly and southerly borders of the site; the location of the existing driveway for vehicle accessibility related to the propo<‘ed use of the OAS; the location of the house near the rear lot line and the pool north of the house; anc he size of ihe accessory shucture in excess of 1000 s.f. requiring it to meet the principal structure setback of 50 ’ from the rear lot line, and the lack of available space meeting the required 50 ’ setback between the house & driveway and the rear lot line. The nearest residence with a view of the proposed OAS is approximately 300 feet directly south, on a north-facing slope. However, the existing vegetation and orientation of that neighboring residence result in the proposed building having mininuil if any view impacts to the most affected neighbor. Because the OAS is proposed to be constructed partially below grade, the visual impacts of a large structure will be decreased Page 2 of 6 i o'’ “1 # ..m Sf' Slightly more than half of the proposed OAS footprint will be constructed below grade, with the portions that rise above grade high enough to be defined as a ‘story* comprising approximately 1 ,400 s.f. This low profile in a south facing slope will result in a reduced degree of visual impact as compared to an OAS of 3,300 s.f. footprint constructed completely above grade. 5. The size of the proposed OAS is related to the needs of the property owner for his non-commercial vehicle storage needs. However, the size of the OAS may be attractive to future owners who would attempt to use the OAS for business or commercial activity, which would be inappropriate and not allowed in the this residential neighborhood. Therefore, it would be appropriate to establish covenants that prohibit the future commercial use of this OAS. A half-bath with toilet and sink proposed on the main level ol the structure are for convenience due to the distance between the OAS and the principal residence structure, and will not provide the potential for occupancy of the OAS as a separate d ^f’elling unit. This half-bath will most likely be connected to the existing main residence septic system rather than use a holding tank. A CUP for this minimal level of plumbing is not expected to result in use of the site incompatible with the single-family dwelling nature of the neighborhood, and is not inappropriate if subject to the standard covenant limitations required by code. The City Council has considered this application including the findings and recommendations of the Planning Commi.''’ion, reports by Cit>' 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. The City Council finds that the conditions existing “n this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances ami 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 Zoning Code and Comprehensive Plan of the City. Page 3 of 6 ■T4 ■ 7) ‘ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 78-1434 to permit the constructio,. of i Oversize Accessory Structiire (OAS) with a footjdnt of approximately 3,310 s.f. on a property where the maximum OAS footprint allowed is 1,200 s.f.; and grants a variance to Municipal ^ning Code Section 78-1435 to permit the above mentioned OAS to be located nearer the front or street lot line than the principal residence structure on the property, where no accessory structures are normally allowed; and grants a conditional use permit per Municiral Zoning Code Section 78-418( 16) to allow the installation of plumbing to include a toilet and lavatory within the accessory structure, subject to the following conditions: 1.Council approval is based on the site plan and building elevations submitted by the applicant and attached to this resolution as Exhibit A. Any amendments to the site plan \^ch are not in conformity with City codes, and any revisions to building plans which would significantly alter the character or visual impacts of the OAS from that of tlie attached plans, will require further Planning Commission and City Council review. /!»•Applicants shall execute the standard **City of Orono Covenant for Limited Wastewater Plumbing In An Accessory Building” prior to issuance of a building permit. 3.Applicants shall execute the standard “Ci*y of Orono Covenant for Oversized Accessory Structure” modified to additionally include provisions to permanently prohibit all commercial use of the OAS, prior to issuance of a building permit. 4.Authorities granted by this resolution run with the property not w'th the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or the variance and conditional use permit approval will expire on that date (June 13,2006). 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, understood 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 4 of 6 k. Adopted by the Orono City Council on this 13th day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknovtdedged before me on this__day of aoos 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 Cl«‘k of the CiQr of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 .asiiiMsia wK' :'.f M STATE OF MINNESOTA COUNTY OF HENNEPIN This iiurtnunent was acknowledged before me this by Randall J. Hogan, husband of Sara O. Hogan. day of .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Sara O. Hogan, wife of Randall J. Hogan. di^of 3 2005 i- Notary Public Page 6 of 6 MM " > -f CITY OF ORONO 2750 KcUcy Parkway P.O. Box 66 Crystal Bay, MN 5532.1 (952) 249-4600 ZONING FILE «0S-3tIl NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 27,2005 TO: Randall A Sara Hogan COPIES: Water Street Homes 2260 Fox Street 464 2'*' Street #105 Wayzata, MN: 5391 Excelsior, MN 55331 TYPE OF APPLICATION:Variance & Conditional Use Permit DATE OF MEETING: May 16,2005 MotioB: To recommend approval of the variances for location nearer the front lot line than the principal residence structure and for Oversize Accessory Structure (OAS) footprint in excess of that normally allowed based on the lot size; and approval of a Conditional Use Permit for plumbing in an accessory structure; subject to the standard OAS and accessory building plumbing covenants, in addition to a covenant that the building caimot be used for commercial purposes now or in the future. VOTE: 4 FOR 2 AGAINST Applicant's next scheduled meeting is confirmed as: City Council, Monday Jane 13,2005; meeting begins at 7:00 p.m. Additional Notes: Staff was requested to confirm the status of this project in relation to the wetland moratorium '•v /ently in effect, and indicate the potential impacts of proposed wetland ordinance revisions t • ■ i project. After review of the moratorium and draft ordinance, staff would offer the following comments: • The wetland moratorium pertains strictly to approvals for alterations of wetlands or lands within 26’ of wetlands. T^ proposed project appears to be out of the wetland and indicates no grading or land alteration within 26’ of the wetland boundary. Therefore, the project is not subject to nor delayed by the wetland moratorium. - The City Attorney has reviewed the status of the application and has concluded that your current project will be subject to the current ordinance in effect at the date you made application (4-20-05) and will jjgj have to change to meet provisions of any ordinances adopted after the date of your application submittal. MS-3111 NoUnorPC AcIlMt May 27.2M5 Pagal However, you should be aware of the potential impacts of the draft wetland ordinance on future projects for your site. The proposed ordinance language would require a 20 ’ structure setback from the boundary of the requited wetland buffer, such buffer being a ftmction of the acreage of the wetland basin. Uixler the proposed ordinance: - For the large wetland south of the proposed building, a 35’ buffer and 20 ’ setback would be rqrplicable, for a total of 55’ from the wetland boundary. - For the sm^l wetland to the northeast oftbe proposed building, a 16 ’buffer and 20 ’ setback would be iqrplicable, for a total of 36 ’ from the wetland boundary. The City Council has not yet adopted the proposed wetland ordinance, although it is anticipated such action will take place within the next month or two. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and qiproval by the Planning Commission. If you have questions, please call Planning Director Mike Oaffion at 952-249-4600. V ’ » Ip .t ■v.Al C' h Io ) 50** t 456.00 I • Lf-Ar--_--_---- V_._.--------1 /--------- \ \ \ \ I \ ! \ / \ \ X \ \ .4 \ *^\\V \ ‘-^■' \\\V~\ V -* i\ \V\ \ \ "iv\ ‘ ^ ;.'i) ] i^' . ~'— ____i:^:::::— \ \ jmIfS'l • ®? 2 £ X ti h - "Sc 1/1 W troi M s ^5*50*6 43€ I / / / —i»-9rteM«t.iiL^oo S 00*25-30* E 306 W A h % • • n U-' i.* *. • *. 1;. •. i ' \»T ►r« Pb’"iS#C.-^- . CERTTICATC OF SURVEY FOR WATER STREET HOMES OF LOT LAND THRO 0MS«N / / / - 4 * •4^,^r > *. ^ fV •-.i *. • • rmi ml mm^ 7i* •^-u.-j ,®s ■b-( HiBii m 612.332.4790 FAX 612 343.4600 sum 447 275 MAUET STUET MiaAMpoUs. Mi&ncsoU 55405 2 0 0 5 t: I 'V.' ' w *^A SKI ^ t^Tzr^; A I 'A' • '■'■:■.■•-•■• 'f ••• ■•.■•■ J'' iAfe.*:•• • •' • '.■•;■• ■■ • -i■ *?»•••■- ... * y', '•• • ‘ 5x-'‘ j i j * xfi.iL* . .••. *. '■4>«»#|£pS0, ,;y I :s£i; .. •<>;Y4av.v i-.' 1 **? % A|^»CfLOUft VaCTUA^UD •iaii . - 'At .■••r.'V-,“r—— k'UA'MtS W'TA V*' ' / • * ^ r- t>-2 Aryitec^ m eit.332.47M m eit.343.4eoe sum 447 2 0 0 5 5^' >’);v'-|lV--;'Vv->;?•>.-!% ,'j£ J>-3 [ \ • • •> ••• «••• •••*•«••» ■' It-i- ,< ilK® IP;M .mv':--mV lJr,\\ < \V .; I IPpr ^^ *S(-^^r."’ V‘iT- ♦ '! ,X c # (Q i: ^ i 0 .* • X\ %?✓ t-jfj 1 * lA ■A-- l^mrn •; '■ ,V -, =■■ . ■ - ■' •■ • ::. A. ' .>ij ■ ::!C •■? ■ .-■, V? ■ ■ \' -r^ ■ ■‘:'v^ cv; ■■■ cr:'^■wmwmmS^ '-:'s i:" -'X-?v:-; ■ ]r-y:<Y[\ ■ <:< ■ j l -V ' * mu 9»m^m —. • ♦ • ••••»« n'liuBi B rwB »* Iu Tn Arc sun 447an MixoT snm HiBAMpolia, lOnaMoU W409 TIL 012^.4790 14X <12.348.4«»2 0 0 5 t>-H ■ t. ' ;•'•t- Him >„v "i; 1 . t)-5^ *•«■ . •». V •. M * *. * . ♦ 11!I.-!:IH EssESSsJ'^ 1 • ••• •• • XjW\-T\(i€.Wul. «S6. I'-H’'... .-T — Nri Arc sum 447 m Munr mm WuMpotia, lOimMeU tMOS TIL ei2.332.4790 fax ei2.343.4e09 2 0 0 5 •«* • • • • . •,. . ■ «i» I •. * I ^ V •l . l(i mM »•« «f • «« «• • »♦«•« •«»«•«# *1 4»« •>•.«» Vf — hfi Arc m 612.332.4790 FAX 612.343.4600 1 » « •• • • . • *i •i*« • • • t ..Kly.•y sum 447 275 MOIIT SmiT MtaattpoUs, MinaMoU 55405 2 0 0 5 t? 1 1 i 1^ l:i..-7 ~\ ’h^ ► ••••# •♦ «»4 MM-* ••••»•• • • ••••««» IM Ard BSB m SUITE 447 879 MAIOT 8TIIET lllUMpolil* 99409 m 612.992.4700 FAX 612.949.4600 2 0 0 5 m • -'IS :.-;::j'r3 feiiaai ■:'-v t;' ■-■:r-A ■■i: •• -- ;5s ■*> ->.! ■ vM0^ ■ -.'s ■Aia ’•:•.■• - ■ ^i: -* ■ mm-.■'Mm t/*- k'..- . -r ■ ,;iw■ j^.. i:.-^ V';I.. 4 ■M :.i «•« « ••*■ « • • «•» 9 I !• w.. !.-> A vsr> r. •\' %? > » t . ' • ; . ; :• , ■i7i . >ri ^ " ' '^l>2^-0 32.'-o"^1 /•>' t*-\% -p _____L........ C^ «T»AA«>>V. ' • «rouauAAu k'''? •M. ■ w ^ . ■-> UwBft. LP</BC fVKii.fiA#4 oo hri—-- —--------- - ■ ftMidii Arcpitecu surra 447 TEL 612.332.4790 FAX 612.348.^ 279 Ml—■» W—Mto 99406 2 0 0 5 i i ; . . \ ,%^‘v i. m ' « ?k MM ■ •• • • • •«<■ M .«• •••«•. ,m (;f^J>M 4^^ PiAtfJ. IMMiiki Atq sorn 447 m M4IOT snor MtaMapoli*. IfiaaMoU Sft406 m ei2.3S2.47M nx ei2.343.460fl 2 0 0 5 V \ mW. # MINUTES OF THE ORONO PLANNING COMMISSION MEETING MoDday, May 16,2005 6:00 o’clock p.m. Jurgens moved, Ralm seconded, to recommend approval of the lake setbac ince in order to construct a second floor donrieri-liut recommended dci le lake setback and hardcover var'iances in order to construct a gan lii the property located at 760 Brown Road South. VOTE: Ayaa-dT^^s 2, Bremer and KempfOppos^ Brempadlaf^he would be in favor of the garage addition if there were reduCtioQS in hardcover. 7. 605-3111 WATER STREET HOMES, LCC ON BEHALF OF RANDALL AND SARA HOGAN, 2260 FOX STREET, CONDITlCmAL USE PERMIT AND VARIANCE, 9:10 PM.-10:06 P.M. Rick Carlaon, Water Street Homes, was present Gafiron stated the applicants ate requesting a variance for an accessory structure located nearer the front or street lot line than the principal residence structure and a variance to the allowed footprint area for an oversize accessory structure. Additionally, a conditional use permit is requested for plumbing in an accessory structure that includes a toilet. Gaffron indicated the oversize accessory structure section of the zoning code does not specifically address whether die lot area for purposes of establishing the allowed footprint area of accessory buildings is to include or exclude wetlands. Therefore, based on the definition of lot area in the zoning code, wetland is excluded and the non-wetland area within the property, not including the separate outlot driveway corridor, is about 2.7 acres, which would allow an accessory structure with a footprint of 1,200 square feet. If the total area of the lot and outlot including wetland is used, the lot at 4.985 acres would allow a 2,000 square foot footprint. Gafiron stated the buried portions should be considered structure from a building code standpoint but that the visual impacts of the building are limited. Gaffron pointed out that the intent of the ordinance was not only to limit visual impacU but also to address or limit the uses associated with large structures. Staff concludes that the buried footprint of an accenory building should be considered as part of the footprint Vk a 4T%r» am a MINirrES OF THE ORONO PLANNING COMMISSION MEETING Moaday, May 16,2005 6:00 o’clock p.m. for pucposes of the oversize accessory structure ordinance. Gaffron noted the applicant is proposing a car wash for the lower level and it is recommended that the car washing effluent not go to the septic site. Gaffron stated the future use of this structure and what types of limits should be placed on its future use should be taken into consideration by the Planning Commission. Carlson stated the property owner would like to construct an accessory building to accommodate his collectible cars. Carlson stated tire goal in designing the accessory building was to come up with a plan that complied with the intent of the code and work within a footprint of 1600 feet, including the outlot. Carlson indicated the appearance of a garage with four stalls up and four stalls below was not acceptable and that the building was designed to be partially constructed below ground, which would make the structure leu visible from the adjoining properties and would fit in with the rest of the community. Carlson stated a two-itory structure could be constructed but would be more visible. Carlson pointed out the car wash is not intended to be a commercial car wash and is intended merely to provide the owner with an area to wash a car off with a hose periodically. Carlson stated the hardships relate to the location of the septic and the visrial impact of an above-ground structure to the neighbors. Carlson stated their proposal makes good sense and does not create any hardcover issues. The property owner is aware that the accessory building is not intended for residential use and they ate agreeable to having a covenant on the property prohibiting future residential use of the structure. There were no public comments regarding this application. Rahn stated he does have a concern regarding the future use of this strucfore and noted that covenants stay with the property and not the owner. Rahn inquired whether the cars would be stored on the bottom level. Carlson stated the intent is to store the prized cars in the upper level. Gaffron stated a potential issue is the wetland moratorium that affects properties that are within 26 feet of a wetland. Gaffron stated the City’s proposed wetland ordinance would require a 20-foot setback in m- c.. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.m. addition to the 3S-foot buffer for any structure. GafTi%>n inquired whether this structure could be set further back. GafTron noted he would need to speak with the City Attorney on whether this structure and/or property would fell under the wetland moratorium. Carlson stated there are wetlands on both sides of the structure and that there would be issues if they are required to tdd 20 feet on either side of the building. Bremer suggested a condition of approval could be to insure that this structure does not fell under the wetland moratorium. Jurgens stated in his opinion it is important to know exactly where the wetland is located and suggested a new delineation be completed. Jurgens inquired whether the survey is correct as it relates to the elevations. Jurgens stated if the courtyard is at 950*, a considerable amount of fill would be required around the structure. Carlson stated the survey is accurate and that the overhead is merely an artist’s rendering. Carlson pointed out they are constructing the structure into the grade. Jim McNeil, Architect, indicated very little fill would be necessary. Jurgens stated he would like to see that illustrated on the survey and a wetland delineation conducted. Carlson stated the wetlands have not changed from the time the house was constructed. Jurgens indicated he would also like some limitations placed on the car wash. Carlson stated the car wash could drain into a holding tank to avoid runoff into the wetland or drainage to the septic system. Fritzler indicated he does not view this as a hardship given the size of the structure and that he has concerns regarding the future use of this structure. Fritzler stated the property owner could store his vehicles off site. Fritzler stated he has concerns with a portion of the structure being buried and that he would prefer a structure that is not oversized. Fritzler inquired how the square footage of a lot is determined. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o ’clock p.m. Gaflron stated normally the square footage of the lot is calculated minus the outlot. Winkey commented the stiucture does not appear obtrusive above the ground and that there is very little visual impact to the neighbors. Kempf agreed that the visual impact is minimal and that he does not have a problem with the appearance of the structure, especially given the size of the lot Kempf indicated he does have a concern with a car sitting on the slab to the north side of the building and that he would like the garage door eliminated on that side of the structure. Carlson stated animals and lawn fertilizers are more detrimental to wetlands than the proposed use of this structure. Carlson indicated they are agreeable to installing a holding tank to address the concerns about the drainage into the septic system. Carlson noted he had to design a building that would allow storage of the vehicles as well as access and that there are not issues with hardcover. Carlson stated given the wetlands and the location of the building pad, they are restricted to constructing the structure in front of the principal residence. Jurgens indicated be does not see a hardship for the oversized structure. Bremer commented she views the topography of the lot a hardship. Fritzler stated in his opinion if the statutory definition of hardship is used, there is not a hardship. Winkey moved, Kempf seconded, to recommend approval of Application #05-3111, Water Street Homes, LLC, granting of a variance for an accessory structure located nearer the front or street lot line then the principal residence structure, a variance to the allowed footprint for an oversize accessory structure, and a conditional use permit for plumbing in an accessory structure for the property located at 2260 Fox Street. Bremer suggested amending the motion to include a covenant limiting the future use of this structure, installation of a holding tank for the car wash, and confirmation that the wetland moratorium docs not apply to this property. P i ■ 5 • hi ‘ V MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16,2005 6:00 o’clock p.m.% Winkcy amended kii motion, Kempf leconded, to include a covenant restricting the future use of the accessory structure, the installation of a holding tank for the car wash, and confirmation that the wetland moratorium does not apply to this property. VOTE: Ayes 4, Nays 2, Fritzler and Jurgens opposed. #05-3112 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING, LOT LINE REARRANGEMENT AND VARIANCES, 10:07 P.M. -10:58 P.M. Loren and Stacey Schoenzeit, Applicants, were present. Gundlach stated the applicants are requesting the following variances in order to construct additions onto the existing footprint and to remodel the existing residence: 1. Lot line rearrangement with 1090 Wildhurst Trail whereby a land exchange would result in two non-conforming area and width lots to remain non-conforming in area and width. 2. Rear/street yard setback variance to permit a setback of approximately 10 feet when 30 feet is normally required and 8 feet currently exists. 3. Hardcover variance to permit 26.7 percent hardcover within the 7S'-2S0’ zone where 2S is normally allowed and 40.8 percent currently exists. 4. Hardcover variance to permit 60 percent hardcover within the 250*-500’ zone where 30 percent is normally allowed and S4.9 percent currently exists. S. Structural coverage variance to f jrmit 16.5 percent structural coverage where IS percent is normally allowed and IS percent currently exists. Gundlach indicated the applicant has met with staff regarding the desire to construct an attached garage to the existing home. In conjunction with the garage addition, the applicant would like to remodel and add onto the existing home. The applicant was advised that in order to construct the garage addition it would be necessaty to obtain additional property to avoid requesting a side yard setback variance. Staff advised / i i ■L' I'* §78-100 ORONO CITY CODE upon the specific grounds set forth in the subdivision regulations. Unusual hard ship includes but is not limited to inade quate access to direct sunlight for solar energy systems. (Code 1984, i 10.06(3XBX2)) See. 78>101. Offlelal map. After an official map is adopted, designating locations for future land that is needed for future street purpoaea and as sites for other necessary public uses, if a permit for a building in such location is denied, the board of appeals and ad justments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in sudi location in any case in which the board finds, upon the evidence and the argu ments presented to it, that: (1) The entire property of the appellant of which such area identified for public pur poses forms a part cannot yield a reason able return to the owner unless such a permit is granted; and (2) Balancing the interest of the city in pre serving the integrity of the official map and of the oomprdiensive municipal plan and the interest of the owner of the prop erty in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. (Cfode 1984, { 10.06(3XBX3)) 8Uto law nteeafle—Bflbct ofoindsl map, Mina Stat |468.8Se,aubd8. Secs. 78-108 —78.120. Reserved. Subdivision H. Mbnances* See, 78*181. When granted. The council upon application may grant vari ances from the strict application of the provisions of this chapter and impose conditions and safe guards in the variances so granted, in cases where there are practical difficulties or particular hardshipe in the way of carrying out the strict •Steto law raCmace-Vkrimiem, Minn. SUL 1 462.357, mibd. 6(2i. letter of the regulations of this chapter and where the variance does not adversely affect the purpose and intent of this chapter nor the health or welfare of the public. (Code 1984, S 10.08(1)) Sec. 78*122. References to board. Before authorization of any variances by the council, the request shall be referred to the board of appeals and adjustments for study concerning the effect of the proposed variance upon the comprehensive mtmicipal plan and on the charac ter and development of the neighborhood: and for its recommendation to the council for the grant ing of such variance so as to relieve such difficul ties or hardship to the degree considered reason able without impairing the intent and purpose of this chapter. The board of appeals and adjust ments shall recommend such conditions related to the variance regarding the location, character and other features of the proposed building, struc ture or use as it may deem advisable. The council by unanimous action may waive reference to the board. (Code 1984, S 10.08(2XA)) Sec. 78*123. Issuances. (a) In considering applications for variance, the council shall consider the advice and recom mendation of the board of appeals and adjust ments and the effect of the proposed variance upon the health, sedety and welfare of the com munity, existing and anticipated traffic condi tions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a vari ance, the council shall hear requests for variances from the literal provisions of this chapter in instances where ^eir strict enforcement would cause undue hardship because of circumstances unique to the individual property under consider ation, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The parameters within which a variance may be granted are as follows: (1) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. CD78:28 ZONING REGULATIONS (7S-126 (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. (3) The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone shall not constitute an undue hardship if reason* able use for the property exists under the terms of this chapter. (6) Undue hardship also includes but is not limited to inadequate access to direct sun* light for solar energy systems. Variances shall be granted for eaiih*sheltered con struction as defined in Minn. Stat. S 216C.06, subd. 2, when in harmony with this cliapter. The board or the council may not permit as a variance any use that is not permit ted under this chapter for property in the zone where the affected person's land is located. (7) The board or council may permit as a variance the temporary use of a one- fainily dwelling as a two-&mily dwelling. (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately acUoining property. (9) The conditions do not apply generally to other land or structures in the district in which the land is located. (10) The granting of the application is neces sary for the preservation and enjoyment of a substantial property right of the ap plicant. (11)The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. (12) The granting of such variance will not merely serve as a convenience to the ap plicant, but is necessary to alleviate de monstrable hardship or difficulty. (b) The board or council may impose condi tions in granting of variances to ensure compli ance with this chapter and to protect adjacent properties. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. (Code 1984, H 2.56(2)(B), 10.06(lKBKl)(b), (IKBXlXc), 10.08(3)) Sec. 78-124. Variances in border areas. This cliapter seeks to regulate land use through out the city so that the location cf Uie various zones will be compatible with each other and to existing uses and regulations. Where property in the city ac(joins property in another municipality which is subject to regulations substantially dif ferent from those applying to the city property, so as to make strict enforcement of all the city regulations as to such property unreasonable, the council may take into account the location of the property and the regulations of the adjoining municipality in considering application for vari ances under this article. (Code 1984, } 10.08(4)) Sec. 78-185. Denial. Variances may be denied by motion of the council, and such motion shall constitute a find ing and determination that the conditions re quired for approval do not exist. No application for a variance which has been denied wholly or in pait shall be resubmitted for a period of six months from Uie date of tlie order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission. (Code 1984, i 10.08(5)) Sec. 78-128. Failure of the board to act. If no recommendation is transmitted by the board of appeals and a((iu8tments within 60 days after referral of the application for variance to the board, the council may take action without fur ther awaiting such recommendation. (Code 1984, $ 10.08(6)) Supp. No. 1 CD78:29 1 I I I i I7M27 ORONO CITY CODE See. 78*127. Vloletton of oonditlons. A violation of any condition set forth in grant* ing a variance ahall be a violation of this chapter and automatically terminatee the variance. (Code 1984. S 10.08(7)) See. 78*188. Espiretloii. Variancea ahall expire one year after the date of council approval if not uaed. Any change in use of the property ahall require a new variance. (Coda 1984. i 10.08(8)) See. 78*188. nNag with eoaaty reeeeder. A certified copy of every variance granted un der the proviaiona of Minn. Stat. ii 462.368 and 468.369 ahall be filed with the county recorder. Variances filed with tha county recorder pursuant to Minn. Eltat. 1 462.36, aubd. 1, do not constitute encumbrances on real property. The order issued by the dty shall include tha legal description of the propel involved. Failure to file a variance ahall not aflbct its validity or enforceability. (Code 1984. i 10.08(9)) Sees. 78-180-78-180. Reaerved. ARTICLE m. ZONING DISTRICTS BSTABLlSHBDi ZONING MAP See. 78*181. IMstriots. (a) The city is divided into the following di8< tricta and groups of use districts: R-IA R-IB LR-IA LR-IB LR-IC LR-lC-1 RR-IA R RBSIDENCB DISTRICTS One-family residential district One-family residential district One-family lakeshore residen tial district One-fomily lakeshore residen tial district One-fomily lakeshore residen tial district One-fomily lakeshore residen tial district One-fomily rural residential dis trict RR-IB RR-lB-1 M-6 RS PRD RPUD B-1 B-2 B-3 One-family rural residential dis trict One-fomily rural residential dis trict Multiple-family planned resi dential district Seasonal recreational district Planned residential district Residential planned unit devel opment district B BUSINESS DISTRICTS Retail sales business district Lakeshore business district Shopping center biuiness dis trict Office and professional busi ness district Limited neighborhood business district Hi^way commercial district I INDUSTRIAL DISTRICTS Industrial district Planned industrial district OVERLAP DISTRICTS Floodway district Flood firinge district General floodplain district Shoreland Overlay District (b) All references in this chapter to R, B and I districts shall refor to the use district groups as set forth in subsection (a) of this section; and references to specific use districts shall by reference to the individual districts so listed, such as R-IA, R-IB and so forth. (Code 1984, { 10.16(1)) Stale law nfcmee—Oiatricta eullMriaad, Ifinit. Stat I 442.367, aubd. 1. B-6 I pm FW FFD GPP SD Sets. 78*168. Map and legal descriptions. The boundaries of the districts are established as shown by legal descriptions and map entitled "Official Zoning Map, Orono, Minnesota.” These legal descriptions a^ map, collectively referred to as the zoning map, together with all notations, references and other infbrmation shown on the map, shall have the same force and efiect as if fiilty set out in the map and are made a part of this chapter. These legal descriptions and the 8un>. No. 1 CD78:30 \r Date Appllcallon Received: 4/20/05 Date Application CoiuMered aa Complete: 4/20/05 60-Day Revletv Period Eipirea: 6/19/05 TO;Chair Rahn and Orono Planning Commission Ron Moorse, City Administrator FROM: DATE: Mike GaflVon. Planning Director May 12,2005 SUBJECT: ^5-3111 Water Street Homes for Randall & Sara Hogan, 2260 Fox Street - Variances A CUP - Public Hearing Zoning District: Lot Arca/Width: RR-IB, Single Family Rural Residential, 2-acre/200’ minimum (Not incl. driveway outlet): Gross area: 168,500 s.f. (3.87 acres) Dry buildable: 2.7 acres ± AppUatiUm Summary: Ajqilicants request a variance for an accessory structure located nearer the front or street lot line than the principal residence structure, and a variance to the allowed footprint area for an oversize accessory structure. Additionally, a Conditional Use Permit is requested for plumbing in an accessory structure that includes a toilet Staff Recommendation: If Planning Commission concludes that the building will have no negative visual impacts; and if any other potential long-term negative impacts associated with the size or location of the building can/wUl be suitably addressed; and if the lot configuration, principal residence location, topogr^hy, and other site factors provide a suitable hardship, then Plaiuiing Commission may be justified in recommending approval of the location and building size variances, and the CUP for plumbing. Pertinent Code Sections Section 78-1: Definition of Lot Area (Excludes wetlands): Lot area means the area of a lot in a horisontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area frequently under water which serves as a watercourse draining higher land on which sustains emergent aquatic pvwth or area which has been dedicated as public right-ofway. Section 78-1434: Oversize Accessory Structure limitations based on lot area: L9tAr«i 2.00- 3.00 acres: 3.01- 3.50 acres: 3.51- 4.00 acres 4.01- 4.50 acres 4.51- 5.00 acres Max. Indiv. Footprint Max. Total Footprints 1,200 s.f. 2,400 s.f. 1,400 s.f 2,800 s.f. 1,600 s.f. 3,200 s.f. .3,600 8;fj-~^^,.1,800-84: ( 2,000 B.^( 4,000 s.f. 78-1435: No accessory building may be located nearer the front or street lot line than the principal building on that lot.. 7 f . fOMlll 2260FoiStreet Mey 12,2005 Page 2 78-1437(3):Installation of any combination of fixtures requiring wastewater plumbing (hat includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a The accessory building has been tqiproved for a guest house conditional use permit; or b. The accessory building has been approved for a plumbing in accessory building conditional use permit (per 78-418). 78-418(16):.....See. 78-418. Conditional uses. b. Within any RR-IB one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (16) The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewa^ treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that die proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The propoty is 2.0 acres in area or larger. The accessory building is conforming in location, size and height. The property owner agrees to the filing of a covenant in the title of the piop^ providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by tUs Code. 2. Us^ as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 0. d. e. List of Exhibits A-.^)plication B - Hardship Statement C - Surv^ A Proposed Site Plan D - Building Plans and Elevations B - Plat Mq> F - Property Owners List G - Neighborhood Airphoto V , f: 'jk. .n #05-3111 2200 Pox Sli eel May 12,2005 Page 3 Background Applicant is a car collector and is proposing to construct an ar ssory building for the storage and private display of his vehicles. Street Setback Variance. A variance is required because the accessory building will be nearer the front or street lot line than the principal residence structure. This ordinance is in place to ensure that accessory buildings are located so as to not be out of character with a neighborhood. In the current situation, the principal residence and the accessory building are located on a back lot, an island of dry buildable lanu surrounded by a large wetland complex. The nearest residence with a view of the proposed accessory building is approximately 300 feet directly south, on a north-facing slope overlooking the proposed building (see airphoto). Staff has had no comments to date from that neighbor. Factors that resulted in iq^licant choosing the proposed location for this building included: - the location of the septic system drainfield sites and a delineated non-Orono wetland in the NE quadrant of the site; - the location of tlie wetland on the westerly and southerly borders of the site; - the location of the existing driveway for vehicle accessibility; - the location of the house near the rear lot line and the pool north of the house; and “ the size of the accessory structure in excess of 1000 sf requiring it to meet the principal structure setback of 50’ from the rear lot line, and the lack of available space between the house & driveway and the rear lot line. Overeize Accessory Structure fOASl Variance. The OAS section of the zoning code does not specifically address whether the ‘lot area’ for purposes of establisliing the allowed footprint area of accessory buildings, is to include or exclude wetlands. Therefore, based on the definition of lot area in the zoning code, wetland is excluded and the non-wetland area within the property, not including the separate outlet driveway corridor, is about 2.7 acres, which would allow an accessoiy structure with a footprint of 1,200 s.f. If the total area of the lot and outlet including wetland is used, the lot at 4.985 acres would allow a 2,000 s.f footprint. Additionally, the zoning code does not specifically address whether portions of a building thor are below grade should be counted as footprint with regards to the OAS ordinance. The buried portions are certainly structure from a building code standpoint The fact that portions are below or mostly below grule helps to limit their visual impacts; however, the impacts of an oversize s^cture may go beyond the visual impacts, and the intent of the ordinance was not only to limit visual impacts but to address or limit the yss associated with large structures. Large accessory structures have the potential for uses other than typical residential use. The current owner may use the building for storing collector cars; the next owner may attempt to run a business from it, which brings up regulatory issues, and negative neighborhood impacts can result. Staff would conclude that the buried footprint of an accessory building should be considered as part of the footprint for purposes of the OAS ordinance. The total buried and above ground footprint of the proposed building as reported by the applicant is 3,310 s.f., with 1,426 s.f. (or about 43%) above ground. A (N>S-3111 2260 Fok Street May 12,2005 Page 4 CUP for Plumbing in Accessory Structure. A half-bath with toilet and sink is proposed on the main level of the structure. This would appear to be for convenience and does not appear to provide the potential for occupancy of this building as a separate dwelling unit. Applicant has been advised to propose connection of this half-bath to the existing main residence septic system rather than use a holding tank. A CUP for this minimal level of plumbing would seem reasonable given the walking distance to the residence. Such a CUP would be subject to the standard covenant limitations required by code. The building plans indicate a car wash area. Any disposal of car washing effluent cannot be to the septic system. Applicant will have to provide information about what type of closed wastewater recycling system or disposal method is intended. LOT ANALYSIS WORKSHEET Lot Area/Width: RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acre)200* Actual 3.87 ac. gross (4.9^Fic gross inci Outlot) 2.7 ac ± dry buiIdable-(3^ dry incl Outlot) 365 ’ Yarda/Setbacks (Oversize Accessory Structure on Back Lot - Must meet principal structure setbacks) RR-IB Required Existing Proposed Front Yard 75'NA 138 ’ Rear Yard 75'NA 235' Right Side Yard (East)45'NA 73 ’ Left Side Yard (West)45'NA 210 ’ Wetland 35 ’perMCWD NA 40’ Oversize Accessorv Striacture Calculable Lot Area Allowed Footprint Proposed Footprint 2.7 acres 1,200 s.f 1,426 s.f. Aboveground 1.884 s.f. Basement onlv 3,310 s.f. Total footprint Struchiral Covcraae! (Not Applicable - Lot exceeds 2.0 acres) Hardcover; (NA — Dry buildable portion of lot is not within the Shoreland Di^ict) Building Hetelit; The building appears to have a defined height less thui 30 ’ and appears to be Iowa* than the defined height of the principal residence structure. «0S-3111 2260 Foi Street May 12,2005 Pages Hardship Statement Applicants have provided a hardship statement, and should also be asked for their testimony regarding the application. f Hardship Analysis >4 PtmHlHtHg CdmmliMm shall the iiffecf dftha proposed variaaea upaa lha health, safely aad tedfare af the comaiualty, existlag aad aaticipated traffic coaditieas, light aad air, daager afflre, risk ta the public safety, aad the effect aa whies of property la the surrounding area. The Plaaalag Caaimlsslea shall caasider reeoaimendlag approwl for wrlances from the literal pravMaas af the Zaaing Code la Instaaces where their strict enforcement would cause undue hardship because af drcumstaacas ualque ta tire Individual property under considerallou, and shall recommend Vprowl only when It la demonstrated that such aettons will be In keeping with the spirit and Intent of the Oraaa Zaatag Cade. Staff finds that placement of a standard size (< 1000 s.f.) accessory building meeting all required location standards is feasible on the property, just NE of the existing house at the end of the driveway apron, between the pool and the septic sites. The difficulty comes in when the accessory building becomes oversize and greater setback requirements come into play, and file location of sq>tic sites and the pool become limiting factors. Summary of Issues for Consideration 1.Is there a suitable hardship justifying a variance for the size of the building in excess of that normally allowed? 2.Are the* visual impacts of the building significant? How will they impact tlic sinrounding neighborhood? Does the partial undergrounding of the structure suitably limit any negative visual impacts? 3.Are there other impacts of this oversized building being allowed, for now or for the future, that should be addressed? 4. Are there any negative impacts associated with the request for plumbing, as long as the standard covenants are agreed to? S. Are there any other issues with this proposed construction? i . t 1. MS-3111 2260 Ftoi Street May 12,2005 Page 6 Staff RecommcBdatioii If Planning Commission concludes that the building will have no negative visual impacts; and if any other potential long-term negative impacts associated with the size or location of the building can/will be suitably addressed; and if the lot configuration, principal residence ..location, topogrqihy,. and other site factors .provide a suitable hardship, then Planning ............ . Commission may be justified in recommending approval of the location and building size variances, and the CUP for plumbing. (pc. : L IK? 2- R.'- 'TV if'Air c^0t> '•rt> -r--<0 A-flyOpi (^UfA. Application# VmiLData Received ,-------- Amount Paid «/0OC.% CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION SiteAddreaa ^^<0O ^r^a^T- Type of Application to be Filed Property Identification NumberfP.I.D.) 03- il>/cos^K APPLICAN Name .ICANT . I //o/viy;^. LLmC^ Phone (home)Phonwwor^ 9^^ «/> ^4pO Addrea a at ^r. aior City <gxCFi^e<^ Zip ^'S'SSi' OWNER (if different than applicant) Nam e rr. A-. t-l Phone fhome) ■— ___________Phono (work) _ Addrea a ^ZtaC Fok. .sr. City kt/A^ Data Property Acquired zoo^ 'lETlW ■AmKl Zip ^S~:^9'/ (month/yoar) I (do) (do not) aiao own the adjacent parceia of land, o - h*> - **3^ S^o/sSc cO(tc.o«^ _^oovT FEES - CONDITIONAL USE PERMITS - $600.00 Reaidential Accesaory Use thcJod C ^ ___$600.00 Inatitutional (church, achooi, etc.) ___$600.00 Oueat Houae/Gueat Apartmenta ___$600.00 Duplex CrediVBldg $600.00 Commercial/Induatrial Uae ___$600.00 Land Alteration + Permit ____Grading and fUlino • deaignated wetland or floodplain ___ Grading and filing - 501 cu. yd. or more ____Grading, aeawall. retaining waHa within 75' of lakeahore 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 Eaaement 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 r.-. JU-*M I A ■ if REQUIRED SUBMITTALS 1. Completed Application Form. ____Describe request in detail.2. 3. 5. 6. 8. 9. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*^ ^ Street, Minneapolis, telephone 612-348-5910). V Certifi^te of Survey (signed by a licensed surveyor) - refer to harntout for survey information. ___Attach iegai description to application if not included on required survey. Topographic sun/ey (existing and proposed contours) if land alterations . in>rolve changes in elevation (grades). v< Listof the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). __ Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) 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 Cleric-al Department that Land Use Application is complete. Initials of Clerical Staff:_________________________Date APPLICANTS SIGNATURE The applicant hereby agrees to provide ail 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^d corre<^ the best of his/her knowledge. ^ —'___________DateApplicanf 8 signature OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. » Owner's signature _ __ _ Applicant must have air submittals into ifie City oflkM days before the Planning Commission Meeting. Date 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 Bulking & Zoning Office oMhis change pria to the meeting. •.t. I r Page 1 of3 HARDSHIP DOCUMENTATION FORM Thit 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. ____________________ • a , Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated In order for a variance to bo granted. The hardship must be unique to the property as variances run with the land arnJ not the land owner. Personal and economic sHuatlons Bf^ not considered valid hBrdshlpSr~\n order for an application to.he heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? ^ ^ u, This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how ttie 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 deterrnlning 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 (sqme 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." ~T7Xt>€..____________ _______________________________—— 3.'The variance, If granted, will not-alter the essential character of the locality.” 'trtvf____________________•_____________________ 4.”Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” iS r H Page 2 of 3 5.■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 ih Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.” __________________________________________________________________________________________________________ 6.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. 8. 8. 11. The Board or Council may permit as a variance the temporary use of a one-femHy dwelling as a two-family dwelling.* A/Jf- The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.* ifyvo ^^u1uvo fir The conditions do not apply generally to other land or structures in the district In which said land is located.* 7?tu<C- _________________ 10. *The granting of the application is necessary for the preservation and enjoyment of a substantial properly right of the applicant* 7350^ ■The granting of the proposed variance will not in any way Impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.* ■11 ^ X . 'k- I 1 4 I \ \ i Pages of 3 *The granting of such variance wiii not mereiy serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.'’ ^___________ Hardship Statement Should you feel the hardship cannot fully be described In the above criteria, describe the ui^que hardship, practical difficulty or unusuai property conditions preventing compliance -^with'-Zoning-'Ordinance requirements-in^the-following- lines'(attach additional sheets-if necessary): TMi ftf /5 §>•**0*^- IS 7-ua oA > KUM0ATB:4^V1I»S '5Jj5gMATION SYSTEM 3f OSI1723290014 PKOTADM 400 WUOWMS OWmaHAMB AKINURfteocmNQJON TAXTAYER ARTHUItRIOtTHNBUON NAM&AOM 400WUX7WOIIS LONOLAXBMN 3S3M 31 0311723310001 poor ADM 449 BROWN RDS OWNER NAME ERIC H SMITH ETAL TAXPAYER IVANETTE SMITH NAME/ADOR 449 BROWN ROS LONOLAKEMN 99396 3S 03I172331000S PROPADDR 21SOFOXST; OWNER NAME 0 A EBBECKE ETAL Taxpayer oeoroeaebbecke NAME/AOM 2IS0 FOX ST | LONOLAKEMN 99396 31 0311729320014 PftOPADM 2210 POXST OWNBRNAME AMYMRAMRLMMYHRAM TAXPAYER ANDERS MYHRAN NAMK a DM 22I0PDXST . LONOLAKEMN 99396 31 0311723320019 PROPADM 2260 FOXST OWNER NAME RANDALL JHOQANSARAO HOGAN TAXPAYER RANDAUIHOGANSARAO HOGAN NAME/ADOR 2260 FOX ST LONOLAKEMN 99396 31 0311723320020 PROPADDR 2240 FOXST; OWNER NAME JRRHLJOHNSON taxpayer JAMES RR HELEN L JOHNSON NAME/ADDR 2240 FOX ST i LONOLAKEMN 99396 31 0911723320021 PROPADM 31 ADDRESS UNASSKB4ED OWNERNAME RANDALLJHOOAN/SARAO HOGAN TAXPAYER RANDALL JHOOA3VSARAOHOOAN NAMVAOM 2260FOXST ORONOMN 99396 3S 0311723330003 PROPADM 2219 WEBBER HILLS RD OWNERNAME DRKPEDERSON TA3LPAYER DENNIS OR KAREN L PEDERSON NAME/ADDR 2213 WEBBER HILLS ROAD WAYZATAMN 99391 31 031172334f)00l PROPADDR 2IU WEBBER HILLS RD OWNERNAME EDWIN W RITCHIE ETAL TRUSTEE TAXPAYER EDWIN W/CHRBTINAK RITCHIE NAME/ADM 2110 WEBBER HOLS RD WAYZATAMN 99391 ICTRTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND If A»EA*SIHlSD*TE(»tTHERECORDS WMY KNOWLEDGE AND BELIEF. DATE* • PAOR I '.W t *>'i ‘I IMRKtw Sis' v.‘--':'“- ;v--;^:^'i^w'.'''v> !! ’T3.« ^■vsiyjvr'5335# 1 1^ MJiM#i ^ if 1 ‘ a\ V ' ;r i .\. .... & 1^0'- ib^ . -Wfrv- -. ' k K^Ar:>. 4- ' '^lifiliiAiyj'^^ * ■ - V 4^ M -'aii ife ^ 'C •V-'':v:%U .ii -/., -V. ^1 ^ <4MV 'V‘‘ i^l *14 ^ t.. wWiiAr^acfc^ ^ **•>, /, >0 HOMES June 10,2005 Mr . Mike Gaffron C ity of Orono RE: 2260 Fox STREET Accessory Structure appuc .\tion Dear Mike: Based on the comments from the Pl.\nning CoM^^ssION, we h.a \'E nl \de the FOLLOWING ADJUSTMENTS, OR CLARIHC^TIONS TO OUR PROPOS.\L: A. GRONBBRG Sc ASSOCIATES a\S \'ERIFIED THE AS-BUILT GRADE .\ND BUILDING ELEVATIONS. A COPY IS .\TTACHED WITH THIS SUB.MITT.U, .\S WELL AS DIE .ARCHITECT’S PERSPECm'E FOR THE PROJECT. B. the NLAIN STRUCTURE WAS SHIFTED TO THE E.ASTERLY END OF THE LOWER LEVEL FOUND.VnON. This allows the visable portion of the structure : to be further AWAY FROM THE DRIVEW.AY; ELIMIN.ATES THE RE.AR TERR.VCE ENTIRELY; AND REDUCES the overall hardcover for THE PROJECT. C. THE HEIGHT OF THE LOWER LEVEL W.AS REDUCED FROM 10 ’ TO 8 ’ CEILING HEIGHT. This allows for a better fit with existt .\g topogr.aph \', as well as reducing vtsu .al impact for the owner .and neighbors . R egards , R ick C arlson 464 SECOND smn • Suite I05 • ExaiSIOIt. MN 55331 • Omcs (953H744I60 Fax (952H74-6I6I • LiC. NO. 20390906 . ^ r I. ^Tf n mPC? iM ; 'vU 'V>: ^HF'''v' ' BP-.-..'Wj- ‘S- HR •i- .; ■ ■ :•• •■ • •-"•^••••*^ It, , I— ,1,........................ •■ ^ JaSSSawBl ‘i v-y;-:-•'•■■-&• V.H.ll^^il •1. •:■ . - - - Vv-, v>- % •■ ■• V :' :;• •■ '.-■n- ^.; ^‘^Jr^■•• •::•:"••:■ .. ' V;.;.- \ ■; ■, v ‘": ‘ ■■ ■’ ::"= ■ ■■■ ' ■■' ■•■■'?■•■:• . • ■•■ '•• • :" ■ .•• ■ •• ■ ••■ • ‘Vi • .■••■•'.• !. ;•:! .^• vv ;•• • . .. ' . - V >> V -■•••!; •v\..- . ^;V \ ’if" 'i W' Sv-£^^' ‘■?4;- }f. vP/'-'^i \ ,PWH OUB4. RA uctuiia . Bai^co #• ^/ '^ \ Ih.s BoFfBe- ^9 -*i. : 4??V ’; -WiSv iSSi-r- •w m *"*- r,.' 0tfff^ ■}■■■■■-'* ' 'v >0:' ■- SMTHy ;^ -^ . ■ •• •.-. . . ■ .'•'. ■• :• / • • * * .’* • • |> ' ... ;'..'••• V ! I ...v-: -. :.•;•-.■>?■• " " .• ••■: ^;- v^==- • '=?.^:::^/•••; ^. -■ . \- •^.-'V'--^ v=;.C »;•=•..•••. ■;•; ■■: • ■•• •■ ..-v ..">i->:y -. y :/ ';■-:. - •■ .••;•;•• •.•• .:.• •.\/..=- •• .;■ v-,^ ••: ■ '..=/ ;■• :•■•■. i ■ V .: ^;=- ■.■..■• ; : ' ^••- ;•/ :.' :i := •■■.. •■>■;:■•• -. • : • ■■ .•^^•.: :.:;.v\ ;-'r^ '..:.'v.-: ■-’i . ' " ’ ■■ w »*w ■ IfV:, ■••. ym "■ ; ;■ ■• ' ' •t?: •• . V... *'( .r\ i-f Date Application Received: 04-20-0S Date Application Coneldered as Complete: 05-1 l-OS 60-Day Review Period Eipirci: 07-11-05 I 3 2005 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: May 31,2005 Item No. ^ Department Approval:Administrator Approval:Agenda Section: Name: Melanie Curtis Title: City Planner Item Description: #05-3114 - Peter Boyer on behalf of Sever & Sharon Peterson - 3145 North Shore Dr - Variances Zoning District: LR-1B, One Family Lakeshore Residential, I -acre/140’ width Lot Area: 1.02 acre (44,610 s.f.) Lot Width: 109’ @ the OHWL / 123’ @ 75’ setback List of Exhibits: A. Site Plan B. Letters from Neighbors C. PC Action Notice dated May 17,2005 D. PC Memo & Exhibits of May 11,2005 Application Summary The applicants requested lot width, hardcover (28% within the 75’-25C’ zone) and average lake setback variances in order to build a new single family residence. The Planning Commission recommended approval of the lot width and average lake setback but denial of the variance for hardcover in excess of 25% within the 75’-250’ zone. Letters of support from the neighboring property owners for additional 75’-250’ hardcover are attached as Exhibit B. Both of these letters reference an “ordinance change’’ regarding the shared driveway and how the City then accounts for that hardcover. There has never been a formal ordinance regarding calculation of this hardcover for shared driveways, rather a policy has been established to determine who is accountable for what. This policy dictates that the portions of the shared driveway that the property owner benefits from shall be included in the property’s hardcover calculation, while the remaining portions of driveway not benefiting a property owner and the underlying square footage are both completely removed from the hardcover analysis. The applicants have not proposed a revised plan showing reduced hardcover from the original proposal of 28%. Since receiving the denial recommendation from the Planning Commission regarding the hardcover variance, the applicants briefly considered reducing the width of the portion of the shared driveway between the home and North Shore Drive. After discussions with the other property owners who also share the driveway, the applicants have decided to continue with their request for a variance for 28% hardcover within the 75’-250’ zone. IV. R.--' II Hfm . i Plaiaiag Commiuion Recommendition On May 16, 2005, Planning Commission voted 6 - 0 to recommend approval of the lot width and average lake setback variances but recommended denial of the 75 ’ - 250’ hardcover variance in order to construct a new single fomily residence. Planning Staff Recommendation Approv'^i of the lot width and average lake setback variances and denial of the hardcover variance consistent with the Planning Commission recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting Council ’s decision. ... , , t r.-c-W ;;; ■f. V- % “V L.^iv .1.7 i’.w June 7,2005 J(iN 0 8 city OF 2005 ORONo To: Orono City Coundi My name Is Stuart Harrington and I reside at 3135 North Shore Dr. I am the neighbor to the north of Saver & Sharon Paterson at 3145 North Shore Dr. Many years ago an artificial pond, eormactad by a channel to Lake Minnetonka, was dug on my property. This pond is between my house and the lake and is immediately north and beside the Peterson home. As 1 understand the Petersons are asking the city of Orono for a variance on their hardcover from the 25% that Is required under the present ordinance to 28%. By the cit/s calculations the Petersons were at 38% and have reduced that by 10 percentage points, which is more than a 25% reduction, to the present 28% calculation. I also understand that by dty caioutations befbra the ordinance change the Petersons would have only 21% hardcover. The reason for the difference is that the city changed their ordinance frtat consequently irwiudes the five party common "driveway ”, and (I am one of the five), that is entirely located on Peterson's property as hardcover allocated entirely and solely against the Peterson ’s property. Obviously creating a hardship for the Petersons. There is e second hardship for the Petersons. In the past, setback that affects hardcover caleulations was measured from the lakeshore. Now it is measured from the artificial pond that has been dug on my property. Again this is a hardship for the Peterson's property. The Petersons have reduced their hardcover under the new ordinance by more than 25%. Thafs incredible considering it is calculated under the two hardships they have. I have seen the sketches of their proposed new home. It will enhance and complement our neighborhood. The Petersons should not be required to build a house smaller than what they have had. Besides, a smaNer house would look odd and diminish the neighborhood. The Petersons could legally narrow the common driveway that we all share and that would bring them under fr)e 25%. I es weH as the Petersons, consider that an acceptable solutioni Please consider their hardship situations and grant them a variance at 28% hardcover. Thank you JA Stuart Harrington Cc. Sharon & Sever Paterson PfOn :PETE BOYB< CONSTRUCTION FAX NO. :9S2-474-0077 Jun. 06 2005 ll:3BPt1 P4 • • • • T99rna^^Oitm mtjfpUnrnrmcm. tntytmmndUetdfhtlrfmaoO¥9rtras%if^m3B%»2B% mmdmngrdPw f^mnBnit tmnta)mnm2i%. Tfmmount mmcnmmmymomtht fponavm .A*; • •• iim^.mimml0Nior^piqmtiftilmltli9thotB§or mimm9in gmtbmBia. Tmpdndii fmnmduttpt of 9m pnfim^ It alto a hmd^ nor 9m Ptmnen. *,* • • • aoma9%aomnio2S%. Atofuanaisfibotiinoluohgfna ipotourth WammioimmanieamlShboihooa. a • • • • • * • • *• • ••TMrJica • • • • • • • • • am North ahem Or. anna MNaani %.. •. • i L i • • • • • •• •• t •• • • II • • • • • •• .• • • • • • M • I 4»• . *• li I I’’ CITY OF ORONO 2750 Kelley Parkway POB0X66 Ciystal Bay, MN 55323 952.249.4600 ZONING FILE 05-3114 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 17.2005 TO: Peter J Boyer COPIES: Sever & Sharon Peterson 19685 Excelsior Blvd 15900 Flying Cloud Dr Excelsior, MN 55331 Eden Prairie, MN 55347 TYPE OF REQUEST: Variances DATE OF MEETING: May 16,2005 Plaaalag Comniaaloii recommeaded as follows: Approval of the average lake setback and lot width variances in order to rebuild a new home on the property, but recommended denial of the 75* - 250* zone hardcover variance for 28% hardcover ^ere 2S% is normally allowed. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: city Conncil - Jaae 13,2005 — Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. V '-i 1.- < •VL'!'•§'■■■ ■ ' ■ C * ..• • * * • o' M e .Ti . FILE #05-3114 11 May 2005 Page 1 of4 Ditc Applkalkin Received: 04-20-05 Date Application CouMcred u Conpicte: 05-11-05 60-Day Review Period Eipircs: 07-11-05 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner |W^ Date: May 11,2005 Subject: 05-3114, Peter Boyer on behalf of Sever & Sharon Peterson, 3145 North Shore Drive Average Lakeshore Setback, Hardcover, Lot Width Variances Public Hearing Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential, 1-acre/140’ width 1.02 acre (44,610 s.f.) 109’ @ the OHWL / 123’ @ 75’ setback Application Summary: The applicants are requesting lot width, 75’-250’ zone hardcover, and average lake setback variances in order to build a new single family residence. Stqff Recommendation: Planning Staff recommends approval of the lot width and average lakeshore setback variances, and denial of the variance for hardcover in excess c 25% in the 75’ - 250’ zone. Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. Lot Area (acre) Lot Width (feci) From Yard (feet) Side Yard Adjacent to Another Lot (feel) Rear Yard (reel) Side Yard Adjacent to Street (feel) I 140 35 10 30 35 Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifls, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 FILE #05-3114 11 May 2005 Page 2 of 4 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. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Floor Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo G. City Engineer Comments H. Property Owners List I. Plat Map Background Sever and Sharon Peterson are the owneis of the property at 3145 North Shore Drive. They would like to build a new home on the property and a lot width variance is required to do so. They would also like consideration for hardcover and average lakeshore setback variances as well. LOT ANALYSIS WORSHEET Lot Area/Width! LR-IB Lot Area Lot Width Required 43,560 s.f. (I.Oacre)140’ Actual 44,6I0s.f. (1.02 acre)109 ’ @ the OHWL / 123’ @ 75’ setback 109 ’ = 78% (< 80%) Ssibssku LR-IB Required Exiiting Proposed Lake 75’129 ’132’ Rear 30’121’110’ North Side 10’15’15.8 ’ South Side 10’32’30’ Average Lakeshore The existing home is located in front of the average lakeshore setback, and the new home is proposed to be located in front of the average lakeshore setback - although further back than the existing home. Stnictural Coverage; Total Lot Area Total Structural Coveraec 44,610 s.f. (1.02 acre)Allowed: 6,691 s.f. (15%) Proposed: 4,035 s.f. (9 %) FILE #05-3114 11 May 2005 Page 3 of 4 Hardcover Calculations: Hardcover Zone 0-75 75 - 250 250-500 Total Area in Zone 12,215 s.f. 36,080 s.f. 470 s.f. Allowed Hardcover 0s.f (0%) 9,020 s.f. (25%) 141 s.f. (30%) Existing Hardcover 19 s.f.* (0.15%) 8,899 s.f.* (24.6%) 112 s.f.* (24%) Proposed Hardcover 0 s.f. (0%) 10,109 s.f. (28%) 112 s.f. (24%) * After exclusion of fabric or plastic-lined landscape beds, and driveway not benefiting the applicants. Hardcover Variance The applicants’ property has a 0-75’ setback on two sides due to a lagoon located to the north of the property. The lagoon area results in a portion of the perceived 75’-250’ setback area to be within the 0-75’ zone taking what would otherwise appear to be eligible square footage away from the 75’-250’ zone. Nevertheless, this property has 36,080 s.f. of area within the 75’-250’ zone, and therefore 9,020 s.f. of hardcover area available. Average Lakeshore Setback Variance The property is situated such that, due to the lagoon, it functions like a property located on a point. The applicants have proposed to construct the new home further back on the lot than the existing home, while still within the average lake setback, improving the views of the lake from the adjacent properties. The construction of the new residence on the applicants’ property will not impact the views of the lagoon from the residence to the north. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis #w coHstdertng appticaflons for vartance, the Ptonning Commission shall consider the effect of the proposed vorlonce upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offlre, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code Instances where their strict enforcement would cause undue hardship because of circumstances unlq ■ . '•? the Individual property under consideration, and shall recommend approval only when It b demv yued that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that regarding the average lakeshore setback the new home is proposed to be set back further from the lake than the existing home which will allow for more views of the lake from the home to the north. The home to the north is set back considerably from the applicants’ property due to a lagoon. r I FILE #05-3114 11 May 2005 Paga4of4 The applicants require a considerably long driveway due to their proximity to North Shore Drive and the configuration of the five properties served by this driveway. This driveway could perhaps be a justification for some level of hardcover variance, although the existing home (using essentially the same driveway) is under the 25% hardcover limit for this zone. The City has been consistent in attributing to a property’s hardcover calculation the portion of the shared driveway and easement that exists within the property and is needed to serve the property. We do not recommend changing that policy, as it is equitable in most cases. However it may be useful to consider what would be allowed if the shared driveway easement in this unique case had been configured as an Outlot. In that case, the area of the 18’ wide driveway easement, and the area of the actual shared driveway within it would be removed from the hardcover calculation. The 75’ - 250 ’ zone would be reduced my approximately 3,600 s.f., and the 15’-17’ wide driveway would exclude about 3,200 s.f. 7S’-250 ’ zone hardcover. The resulting 75’-250 ’ hardcover level would be: 10,109-3,200/36,080 -3,600 6,909/32,480 » 21.3%. Although this method is not the way hardcover is calculated for the current configuration, it illustrates the possible hardship imposed by the shared driveway being • ained within this property as an easement rather than an Outlot. Issues for Consideration 1. Does the driveway configuration present a valid hardship to justify 28% hardcover in the 75’-250 ’ zone? If not what areas of proposed hardcover can be reduced to make the proposal conforming? 2. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends iqiproval of the lot width and average lakeshore setback variances, and denial of the variance for hardcover in excess of 25% in the 75’ - 250 ’ zone for this nearly conforming lot. ft*,.?,. Vi* riv.- >V 3 ■''" m Variance Application street Address: 2750 Kelley Parkway OrorK), MN 55356 Main; 952-249-4600 fax: 952-249-4616 Meiling Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received: Amount Paid: Staff: jA/iUtf______ Fee:3600 Renewal: $300 After-the-fact; $1,200 Double Fee This application form must be completed in full. App leant will be notified within IS days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 3 / HS No/zji^ n>mLt> Property Identification Number (PIN): ________________________________ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ______□ Yes, I own the adjacent parcels Present use of property: Residential □ Other _______________________ Zoning District: J. APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: Phone (home) i i M a I ; J3J^—_____Phone (work): ^fTej/ TT?--' a>7? OWNER INFORMATION: (Complete legal names ar.d marital status required for each interested party) Name: ^ Phone (home): 2.- ^3 Phone (work): I Address: /S9oc> Z^/yjA/^ /)j^. Email: '■*Fax: DESCRIPTION OF REQUEST: Estimated Project Cost $ Describe the request in detail (attach additional sheets if necessary): ^Tfc U4>rt/lge^ 7^ f3E^ NctAjOMt^ 4 NFxu fbcTPAlA/T ANO LrirJ^Ti^ c>H\ UFT -f7> CdrNSrfjyJtyr^E. D «4L /lAj. gy/l&r tos-. a lA^ F^tAT A ^e:T t^H/NO A P/yY^ rjuJ/of-/ IfJCAfiO ' NAT j^A^U' WL.. 6) A ry • f:i 4.. It XU.. 4.44 >• ^ ti—..'-.irf i N• ; ‘-.i 1 • • .REQUIRED SUBMITTALS: All of the frilowing 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 ^3^ 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'*' otreet, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this oacket, 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”or11"x 17”). Additional items may be requested by City Staff depending on the scope of the project. * D□ □□ 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 _______________Date: Date. Applicant's Signature Applicant ’s Signature \i/ OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, corsultants, agents. Commission & Council Members for purposes of investigation and verific^tien-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. # O ‘t 1 i: r. .... .jt ■ i F Bittmrfb Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a rsquired 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. Persona! and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address ail the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is JustWed. 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 conditioris allowed by the official controls." CN -z/i/j 2."The plight of the landowner is due to circumstances unique to his property not create by the landowner.” Ut OJUkH a* .^nic£ US'! S14cJ^jSUL^ ^Thitck IS ^ The variance, if granted, wili not. alter ^ essential character of the locality." LocM7ilH i T^j-pruXjrr ^ me V "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." IL 6 v.-<*4 o )) \ 0 ^ cWUOV i r liafl iiiimi* M' 4 5. 6. 7. 8. 9. 10. 11. ^ V- ;. i-. v '■ 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 1 16J.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 permrt as a variance the temporary use of a one*famiiy dwelling as a two-family dv^lling." "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 the applicant." 'fWs (jpMC U4S> SiVliJ /N nVis fh^moM //nSNT ‘The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." f j y -Ml A *•/* i.J >V-* x'‘ Page 3 of3 12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to aileviate demonstrable hardship or Jifficulty." /?acyatfe.Ty onAulD/IPjJ^ ) Rfl<MlA.TW I^WlT PiLf^Tkir^^^ V(/g/£. 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): -■ 'Z-t ' K ■it it -i -*r f-mm ■ f -IfH' . . r.i '■■■ 4 r.'- ''i - * • ' .’* • • • i •> • *iZm:M -mm " ‘ \r’y ¥ ,.*y I •’*^e !' !•!4>/' r • V I.. ^ r. -vr VA *b CiX - J if 1 ^fhbirC }. mtmr 0im*^ / Certificate of Survey for Carpenter's Construction of Tract B, R.L.S. # 1113 Hennepin County, Minnesota f*7'■*• •-■ ■ ------ *>4ir -f» be - / / 7^ ,ii THIS ITEM HM BEIN (iSRSriLMED I /V ; ft ^^ Zone. 0-7S' i<MU( 7y-2J«' zooe 2 so ‘t zot/e .'- ir/cov&r cakuloh'ons </rtw ?ooo t Jjf./V tiat'Jco^nf' Oj-m. 27^000 J/SoiX9./'r. 'SSt'/c (■700i. /s^ 200 tjj,/V. Jjr./’*'^ yy.7% ssao - .-4 Z / /s:;»- '-4. I hereby certify Ihal. this is a tru<* and coif'd, ropn'sontal.ion of ,i surv y oi ih*- houndarjos of Traci. B. Rt'^i si I'rod (.and Survfv K-i. ill."’,, filfs ,r Registrar of Titles. County of lh>niu*pin, tho lucation of all ••xi'.limi l.ii.‘idiuM !!i<i.‘.)n. anil an oxisUiv-j <lriv-w.iv and i.oncr- !*' .-iid l•*^^ a' -.r n■^;• the house. It dors not piirporl to show any utli‘-r ifn(;rov'’'fiiMi1 s or oiirrM.irln!. •n* •.. corFiii ?, (.i:oni>Ei:G. iia:. It!v 1® Date : 4-17-87 4-*t-o7 Scale: 1" = 40' 0 iron marker Judicial Landmark Ti:ri b. fironi/ ixj Mn.Tic’.T-/.' ilvir" Hnginr-oi s. Land Sui v.-yors, I'liaaK r Lo!k; La?.*-. Minn-'so* ..• tvV V'.:'-V. /m^ i*:- \ ;n ,':Av‘ & ,tf-. .ULT'-'S? '* ■■ -V'- ?5?- vi<»>^j. Mmu U lvci ^ IV < . •uayEkiOMaucMi ;1 ^ 1?3 ;-v.-' ■ ;.■ - .■ 4-',v. 4: ■f-.'-V ■/ '::>V-.:*4 •■ - &.D-9 f i- .'^iS 55" SSU.l \. ~ r 'flfi ini ‘ ^Vr« .4 'T.'^- ski !•.'•; •• ‘4 iiir^iiil ;:?'■. 'isliiiiri' ^1 ?^'i ■'•.v'i1,' !|i :*.ii!i M “=r L lii lii-5;r-r'd,g|5 hi I I',?5|llililli=: •v>n5S^ri ri^j2S^■iiliH j* -a R- ^ * ' - .*j: -• h:4:? v;-. y -y-V ' . y fimfiiini e '4 4 m 4- vi •i?4 V- ^ h V , .‘ V r • fc iti± :L ,, • .- •'. U .; n( ■ A: • /• V. •• •■ f; F*: '• ■<! ar*T.' ^ I fe& ■■kJii;5^| 4 B, kJIH llI mill II irr^j i’’ i\<M ^' m mm Hi;!!!.]!! !i Ikli'i A 1 ft.4: ^1 ..A. . ;u. •■■■' 3^’:n S■iHH*! .-,- ;v.‘, '>.2( > ' I- w-% / HARDCOVER CALCULA’ilOiN WUKKSItliEl'' RCLE ONE) ^’^Q‘75^ 75-250* 250-500' o 500-1000' EXISTING HARDCQW.R tN ZONE A. House •.X « •ttfnfih X X X R. Oaraje * C: Driveway X X O. Sidewalk X X E. Pacio/Deck X X F. Laiidtcape Underlain By Plastic Or Fabric t//A hjg X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B PROPOSED HARDCOVER IN ZONf, A. House Lcnfih X X X B. Carafe C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other % TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA iN ZONE A ■_______________ + B Width X 100 width 27/ Z/jZjbO 7‘4-i S.F. S.F. S.F. ' S.F. • • I.s.r. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • « . -4 S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. . S.F. S.F. A B fi .;n V) .*>'» >«ij T' CO X 100 • :1S.F." A _S.F. % B r 'T- * & f ■ir^vu. H-m HARDCOVER CAECULAmiM^A SETBACK ZONE: (CIRCLE ONE) 0-75’ ^5»2SQ^ WUKKbiUiEl ■ 250-500’500-1000' EXISTING HARDCQ\TR IN ZONE A. House . X Lcngih Width X X X S.F. 2/0 •3 S.F. S.P. s.r. • • B. Garaje I I. S.F. ^^^^***** AjtLUftMty ^32^ S.F. ' ' “S.F. D. Sidewalk f 24- *-tZ *23€> _____________ X S.F. S.F. E. Patio/Oeck / 2 X X 43 <0 S.F. S.F. F. Landscape jTo 4- ^ 3go., *♦ / //© /. f$z^ Underlain ~~ ---------^ By Plastic Or Fabric • ! ~ X X S.F. S.F. ** ■ ■•» t _________S.F. O. Other /■ (7 *\ \ )2^0 S.F. TOTAL HARDCOVER IN ZONE 1 TOTAL PROPERTY AREA IN 4^*^tMiyf( 'sMt) A- —LLS3S + B 3Zj dfSO X IQQ a PROPOSED HARDCOVER IN znrff; A. House Ldi|ia widih X X X B. Garage C* Driveway X X D. Sidewalk X X Ee Pitio/Deck X X » • F. Landscape Underlain By Plastic Of Fabric X X X G. Other V ^ lf.S3^ S.F.A«''“ 32, i^£> S.F.B • S.F. S.F.• * S.F.!■ i !S.F. S.F. ■ n.’ T' S.F.5 S.F. S.F.rr “L ,• r . T‘ —S.F. S.F. S.F. vj - • * -I S.F. S.F: . • S.F. • * fl •»C S.F. TOTAL HARDCOVER IN ZONE- TOTAL PROPERTY AREA IN ZONE A •_____________ -I- B X 100 a :;s.F. _S.F. % B n'enai 1 Wi ^.P6fe^0hi n - /j- <?4 I M ••• • •» 52:. •a' f I. • HARDCOVER CALCULAllUiN WUKKbHUET * SETBACK ZOiVE; (CIRCLE ONE) 0-75* EXISTING HARDCO\nE:R IN ZONE A. House. Lenfih B. Garage X X X X C; Driveway /Vjrci<^#r/ j/iuc/^ X D. Sidewalk E. Pacio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X 75-250’ r?50-500’J?500-1000' Width m a /as , S.F. S.F. ’ S.F. • I S.F. I r. S.F. S.F. S.F."’ S.F. S.F. S.F. S.F. S.F. S.F. ) •« H S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE - . ____________S.F. A TOTAL PROPERTY AREA IN ZONE Ai.<A /a/ yog S.F. B A* /aS _____ + B 7CO X 100 » /$. 0O % PROPOSED HARDCOVER IN ZONE A. House Lcnfih B. . Cvage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :_______________■ + B Width X 100 « S.F. S.F. . S.F. S.F. [r32. •v» ^•'1 i d S.F. S.F. q-_;. S.F. \j I S.F. S.F. S.F. S.F. I. \r‘x IV. f -■( K - S.F. ' S.F. . ■ S.F. * ^ 11« S.F. :;s.F. __ S.F. % * '-r^ A B *• / / HARDCOVE R CA LCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' EXISTING HARDCOVER IN ZONE X = 500-1000’ A House L(fi|(h X X X IB. Oarage C. Dri\'eway X X D. Sidewalk X X E. Palio/Deok X X F. LandKape Underlain By Plastic 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 LtngUi 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 __ _ _ _ _ _ _ _ 4. B Width cs B B X 100 Width X too SF. S.F. SF. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. SF. SF. S.F. 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. D % SF. A S.F. B % t TRAC7 HARDCOVER CALCULAT SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVEn IN ZONE A. House X ____ LcngUi X X X B. Ovage C. Driveway X X D. Sidewalk X X E Palio/Deck X X F. Landscape Underiain By Plastic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZONE A House LmgAi X X X B. Oarage C. Driveway D. Siviewalk X X X X E. Palio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other WORKSHEET 250-S00'SOO-1000* WMhh X 100 Widdi 526C 'I';. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -imccu ©/ A ____ ____ \OjlO‘r ME-iH^uo/ste 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 S.F. B % 403?“ S.F. - Mi»u5f S.F. S.F. S.F.-STOd»P SF. _ _ TOfTML S.P. S.F. S.F. _ _ " P/IRP S.F.- fV)T/o •'^yoop*' S.F. S.F. S.F. S.F. S.F. A S.F. D k SETBACK ZONE: (CIRCLE ONE) HAIIDCOVER CALCULATION VYORKSHEEJ CLE ONE) 0-75' 75-250' ^50^50^ TiZACr B SOO-1000' EXISTING HARDCOVER IN ZONE A. House X B S.F. Length Width X 8 S.F. X B S.F. X SB S.F. B. Oarage - to * C. Driveway X B S.F. X B S.F. X m S.F. ' f»j fTMT 0. Sidewalk £s>ick u/Jii<io T, P. -S.F. _S /?,“S.F. E. Patio/Deck P4rt0 S.P. —1- J, r. “S.F. S F '• X i/Z'S.P. F. Landscape Underlain X m S.F. X m S.F. By Plastic Or Fabric X m S.F. 0. Other X m S.F. TOTAL HARDCOVER IN ZONE 0 S.F.A TOTAL PROPERTY AREA IN ZONE r»^70 S.F.B A + B X100 -O % PROPOSED HARDCOVER IN ZONE A House X S.F. Ltfiglh Width X S.F. X *S.F. .X *S.F.■ B. Garage X S.F. C. Driveway X B ST. .• X S.P. • D. Sidewalk X B ST. X ST. E Patio/Deck X 1 “' ‘ ■ or S.F. X B S.F. F. Landscape • X a S.F. Underlain X a ST. By Plastic .X a S.F. Or Fabric 0. Other • « X a S.F. TOTAL HARDCOVER IN ZONE S.F.A TOTAL PROPERTY AREA IN ZONE .• *ST.D A ♦ B X100 -V. m ■'mm- t- r'.i •SJ,w-^ :| rZ^ ■'/ t 1 .tefcitiiL. z f, » ■V.-iCWi ^.j r -:> •\T®‘V 1 i •>Tr» 4l! >. *-' ^:-v: #S' ,^. '/-i ftSui <i- f f . X N U. X LU 12 2005 13<48 •'i'; #. j ' , :• •Bohesti*oo Ros«he AiKtefilk& Associates BONESTROO R08ENE RNDERLIK 8518361311 2335 West Highway 36 • St, Paul; MN 55113 ] ' / O.ffice: 65I-636-46O0 V Fax: 651-636-1311 wwwiwne5troo.com • n* • •* # / • A* *. . • * • : EngiriMri4 Architectf . • , -• • •s' V • V * “ **•*'• • • “V ’ ‘ • •: *. V . ; . i * •. *'• :* ‘ • . . ' * . ^ * - •• * * ■ • **. I •' * **'*’/*. ’ * .* • * • ' :M.yl2,2W5. ; ' : - ; • .V . •• • , f. . .• t •• ' A • I .* . • / • • Mt. Mdaiiie CurtU Plaimar CityofOrooo ' Pott Office Box 66 ■ V Ciyatal Bay. MN SS323 . N* * • • : .♦ • : • *. • *. t.. • ^ . • ’ . V• • • * .. • ■ • • •; • » * • • \ • t t •X. •<-.Re;3145 North Sboire Drive FilaNo.000139-0S000-0 Plat No. 05-3 U4- ; ^e .. .•V.-. .. *. • • • • • ^ a i •• #• • t8» 6 ••4• • f • • • Dear Melanie: We have reviewed the iHe plan daiied 4-254)5 fbr the piopoted h^e' Mo^otlon at 3145 North Shore Drive. The improvenienlB iaehide (he remo^ of an exiating home and conatruetion of a new home. We have the following commentt with wgardt to engineering matteri: •V .• ■• • / I'f: I. The'plana ahow 6-feet of fill being brought in to raiae the buildi^ pad area of dw aite. Tlw applicant ahould prffvHt Ttfy»*»*"fP ft*"*****^""* v«<ty yinrity of fill that will be imported to die aite. The quantity of fill propoe^ to be imiiortad to the aite may impact the exiating abated acceaa. We would niggaat die other uten of due drivew^ be notified of the acope of the propoaed work and diat tome kind of agfeemant with thwp be reached prior to any work on ahe. Hw ptopoeed grading plan ahowi grading up to the aoiith lot line. It may be oeceaa ary to acquire a conatruetion eaaeiiiaat.ftom the neighbor to the aouth in Older to complete the grading thown. The prepoaediwala along the Bootfa lot will need to be careflillyGonetructed to that all atoim water ia contained oh the aubjeet property. . ' The grading plan ahould be revia^ to make an attenqit to contain all atoirn water along the north side of the site on the property. The oiiiraat plan propoaea to diaohaife water oortheaaterly aotoae the neighboring property to an exiating lagooiL It bMiicl*er<«4i*dff<tw”t«*l"g««»«—t° dm aite iawHhin die driveway aaaemeat that aarvesdiia property. The plana ateuld be reviaed to clarify (hia iaaue. Ai^ exiating aanitary aewera on die property ahould be ahown on the plana. The applicant ahould provide any aaaitaryaawereaaementaaerooa the property aa deemed neceaaaty by the city. • The aanitary aewer aervioe athb location and invert ahould be ahown on the pins. Final plans ahould include eroaion and aedimod control defeUa and deti^' ‘if you have any questions please eall bm at (651) 604-4863. Yours very truly, . • * TONESTROO. ROSBNB, * ASSOCIATES. INC. * * .'•i' •*. •# .6 Tom Kellogg —i qc: Greg Oappa* City of Orono Bruce Vang. City of Orono 4-■' y St. Paul. St. Cloud, Rochester, MN • Milwaukee, Wl • Chicago. IL 4. : AfnnMMw AwtwyeewW oeeerwety enoMyer ane aupuy. Own«e ■ f ' * f . ' t \ ' 0 , 1 i ’• * * g-* I * •• «• a* »%..• \«ef^> vn es«.'k<a-.^iii4adivi4.* t» I ' laihu............... fW * T *1 RUN DATE ;4/l9aOOS 3« 0911723320007 mOPAOOR 3120 NORTH SHORE DR 3WNERNAME MARK UCREE A NANCY LCREE TAXTAYER MARKUCREE ANANCY LCREE NAME/AODR 3120 NORTH SHORE DR WAYZATAMN SS39I 31 0911723320010 rROTAOOR 3116 NORTH SHORE DR OWNER NAME RESORT VENTURES COMPANY UC TAXRAYER RESORT VENTURES COMPANY tXC NAME/AODR POBOX97 EXCELSIOR MN 35331 31 0911723320016 PROPAODR 3I0S NORTHSHOREDR 3WNERNAME THPRAHM AMKPRAHM TAXPAYER THOMAS H A MCHEUK PRAHM NAME/AOOR 3103 NORTH SHORE DR WAYZATAMN 33391 31 0911723330002 PROPAOOR 3163 NORTHSHOREDR OWNER NAME A MUNSON A D MUNSON TAXPAYER ALLEN A DEANNA MUNSON NAME/AODR 31 63 NORTH SHORE OR WAYZATAMN 33391 31 0911723330016 PROPAODR 3113 NORTHSHOREDR 9WNERNAME JR ACM AANESTAO TAXPAYER J0NATHANK;ATHER1NEAANESTAD NAME/AOOR 3113 NORTH SHORE DR WAYZATAMN 33391 HENNEPIN (XJUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I . i 31 0911723320001 PROPAOOR 3160 NORTHSHOREDR OWNERNAME M S WALLACE A D D WALLACE TAXPAYER MICHAELS A DONNA O WALLACE NAME/AODR 3160 NORTH SHORE DR WAYZATAMN 33391 3S 0911723320009 PROPAODR 3IS0 NORTHSHOREDR OWNERNAME RESORT VENTURES COMPANY LLC TA3CPAYER RESORT VENTURES COMPANY LLC NAME/ADm POBOX97 EXCELSIOR MN 33331 31 0911723320011 PROPAOOR 3IM NORTHSHOREDR OWNERNAME JAADLROSATI TA3CPAYER JAMES A A DEBRA L ROSATI NAME/AODR 31 St NORTH SHORE DR WAYZATAMN 33391 3S 09II7233200I3 PROPADDR 3113 NORTHSHOREDR OWNERNAME ELIZABETHPVOGT TAXPAYER EUZABETH P VOGT NAME/ADOR 3113 NORTH SHORE DR WAYZATAMN 33391 3t 09II7233200IS PROPAOOR 3133 NORTHSHOREDR OWNERNAME STUART0HARROIGTON TAXPAYER STUART 0 HARRMOTON NAME/AODR 3133 NORTH SHORE OR WAYZATAMN 33391 38 0911723330001 PROPAOOR 3133 NORTHSHOREDR OWNER NAME J L R P MANDEL TAXPAYER JL MANDEL RP MANDEL NAME/ADOR 3133 NORTH SHORE DR WAYZATAMN 33391 I 3t 0911723330009 PROPAODR 3173 NORTHSHOREDR OWNERNAME MRCRUSSIN TAXPAYER MICHAEL R CATHERINE RUSSIN NAME/ADOR 3173 NORTH SHORE DR WAYZATAMN 33391 38 0911723330013 PROP AODR 3143 NORTH SHORE DR OWNER NAME FIRSTAM TEN 103763 LLC taxpayer FIRSTAM TEN 103763 LLC NAME/ADOR OO SEVER H PETERSON 3143 NORTH SHORE OR WAYZATAMN 35391 I CERTIFY THAT TIC FACTS REPRESENTED ARE AN ACCURATE AND mUE REPRESENTATION (M^INFCMIMATION AS IT APPEARS THIS DATE ON THE RECCWDS OF THE HENNEPIN COUNTY TAXPAYER SI OF MY KNOWLEDGE AND BELIEF. DATE * 1 ■ j^- iV. . if.V • ^ Hennepin County H l ^ ^ Taxpayer Services Department t r * . •A, • • .-W JUN 1 3 2005 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: June 2,2005 Item No. /o Dcpartmcat Approval: Name: Melanie Cuitis Title: City Planner MC/’ Administrator Approval:Agenda Section: Item Description: Jack & Kari Olson - 1966 Shadywood Rd - Inquiry Zoning District: Lot Area: LR-IC, One Family Lakeshore Residential, 0.5 acrc/100 ’ 5,630 s.f. (0.13 acre) List of Exhibits: A. Approved Site Plan & Elevation View B. Applicants’ Revised Site Plan Summary; In May the Council approved a Resolution granting setback, hardcover, and lot coverage variances to allow the construction of a 441 s.f. detached one-story garage. At this time the property owners are asking the Council to examine the possibility of constructing an aiiached garage, the same footprint which was approved in May, to their home at 1966 Shadywood Road. The applicants are proposing to attach a rwo-story 20’x22’ garage to the house and eliminate the 5’ separation between the buildings. Planning Staff Recommendation The new request will require a new application as the previous application has been closed with the Resolution approval at the May 23'"* meeting. Please provide the property owners with direction. If Council determines that a two-story attached garage proposal may have some merit, staff would direejt applicants to make a new application for review by the Planning Commission at their July 18 meeting. From staffs perspective, a minimal two-story attached garage that adds approximately 230 s.f. to the existing house, makes use of spaces within the existing residence, and creates additional living space would be within the lot coverage limit for this property, allow for better on site parking and limit the visual impact of the additional structure as viewed from the chaiuiel. COUNCIL ACTION REQUESTED Advise the property owners as to whether the Council sees merit in pursuing a rev ised plan. «I Bf*. FRANK R CAROARELLE;952-941-3030;Apr-13 1:51PM;Page 2/2 >lK R. CAROARELLE 941-3031-wnuTA Land Surveyor Eden Prairie, MN 55344 Survey For jack Olson Book 1966 Shadywood Road Opono, MN Page File 6 399 ?Z8 f Lot Area: 5630 sq.ft. Deck Area: 350 sq.ft. jjjist.House; 1271 sq!ft. Prop.Concrete Walk ite- sq.ft. at 1"«30' tas Iron Mon.lfound —r-J acktop Drive: 1200*sq!ft. 30 sq.ft.Total Hardcover: 2836 sq.ft Lot Coverage 50.37X£xisting’ Proposed . ff L iwyiwtuNiwwioMwtowowfoyniwuninuiMwnat moMiMMoP Inf ^h»riy Unorf /■« Jjf fl.TT JP»pr'/«'4 1 a A A A ^ . ^ ^ ^ M. 1‘ .-a ■ L m * ** • w L: t-'- t u*v**V* mft** .•t, ;; ;. ■ • -FRONT VIEW STiieer VIEW t/v^e Drawing for Jock Olson To be buill ol 1966 Shodywood Rood Orono. Mn MPLSGARAGE.COM <n. «<2 *99 «94« 3/2 1/C5 3CALC •' ••'3 ..>W--------!.., RANK R. CARDARELLE ;) 941-3031 cet> ^ L.tlliu out VQyui Eden Prairie, MN 55344 Survey For Jack Olson Book , Page.File 6399 1966 Shadywood Road Orono, MN \ V CHMIMBL Top of Concrete Wall elev.931.0 s ^7.8’f 9 /8'^^ .Channel Piling & Fence-^ fn^l I I ;i 1 -T --------- Lot Area: 5630 sq.ft. Deck Area: 350 sq.ft. Prop.Concrete Wal 40 sq.ft. Exist.House: 1271 sq.ft. Blacktop Drive: 1200 sq.ft. Scale; l‘-30* Danohoa Iron Mon .Found lMwy< >r «——***- 16th March piQ^KUup urivc* i^uu stepping Stones to Dock: 30 sq.ft. Total Hardcover: 2836 sq.ft, lot Coverage 50.37%Ex1st1ng Proposed Garage:' 440^sq.ft. •(remove blacktop: 9101 sq.ft,j 290 sq.ft. Reitia1n1ng7 Total Lot Coverage after gar.const.AB.T. removal 43.00X I'nt IB Him i»>i 2005 Frank R. Cardarella State Reg. No. 6608 '^1 -- - •’>*vr»*^^- (T'-'w • '. », r .* * • ■:'l/ V -. VV •. ; ■ ./y' ':. •: • n' «*> ^ I Afffd^<^, ■• V %J*' ■' ©NORTH ELEVATION •y 1/4* • r.«* P" V v'; ' . • ,.v.-};^. ,',^-:Sjil .■•.•/.. •- j .. . . •■ •—..-..k^ ^ V.V • V • ’. ■» • t .*•■••.■ t- . - ■•■• . ;; V. :■■ ■ 4-2 fis^UeST/y •Ifr ©NORTH ELEVATION L/ »/4* • l‘^ ' ^ —-• REQUEST FOR COUNCIL ACTION JUN 1 3 2005 DATE: June 13,200®ITY OF ORONO ITEM NO.: / I Department Approval: Name Gregory A. Gappa Title Director of Public Services Admlniitratar Reviewed: Agenda Section: Public Services Director's Report Item Description: Award Contract for Navarre Water Tower Rehabilitation Project The 2005 Water Fund Capital Budget includes $350,000 for the rehabilitation and painting of the Navarre water tower. This project is scheduled for August and September of this year and will require complete containment of the tower because of the lead based paint on the tower. The project also includes minor rehabilitation work on the tower. The City can choose the paint color for the tower. Our recommendation is to repaint the tower to match the existing blue color. The blue color is appropriate for this tower as it is near Lake Minnetonka. If the Council wishes to select a different color for the tower, we can provide color samples for review. The paint color can be selected after the contract is awarded This project was advertised for bids in the Construction Bulletin and the Laker/Pioneer newspapers with a bid opening at 2:00 p.m. on June 7th. Six bids were submitted, and the lowest responsible bid received was from Classic Protective Coatings Menomonie, Wisconsin in the amount of $203,231.00 for the Base Bid and $4,000.00 for Alternate Number 1 which is to paint the City name in black letters on the tower the same as the Highway 12 tower. This company has satisfactorily completed other water tower painting projects and the recommendation is to award the contract to include both the Base Bid and Alternate Number 1 for the Navarre water tower rehabilitation project. COUNCIL ACTION REQUESTED: Award contract for the Navarre Water Rehabilitation Project to Classic Protective Coatings Menomonie. Wisconsin; award to include both the Base Bid and Alternate Number 1 in the amount of $207,231.00 to be funded from the Water Fund 2005 Capital Budget. imrit - kir 1/11 Bonestroo ^fiRosene vSAnderiik& |\|| Associates fngInMrt A ArcMttcts 2335 VMeit Highway 36 • St Paul. MN 55113 Offlcr 65I-636-4600 • Fa*: 651-636*1311 WWW bonestroo com June 8,200S Honorable Mayor and City Council City of Orono 2750 Kelley Parkway Orono. MN 55356 Re: Navarre Water Tower Rehabilitation Project FileNo.000139-04146-0 BM ReraHs Bids were opened for the Project stated above on Tuesday, June 7, 2005 at 2:00 P.M Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. Thm were a total of 6 Bids The following summarizes the results of the Bids received: Low »2 #3 #4 05 06 CcMtractor Qassic Protective Coatings, Inc. Utility Service Co, Inc. TMI Coatings, Inc. LeadCon, Inc. Diversified Coatings, Ltd. JPI Painting, Inc. Ease BU Amount $203,23100 $217,33800 $248,220 00 $251,963 00 $335,000.00 $1,377,500.00 Alternate I fCItv Name} $4,000.00 $3,00000 $3,200.00 $1,500.00 $2,500.00 $6,000.00 It appears that Bidder 6 made a mistake on one of the luiit price bid items, which caused their corrected bid to be much higher than the other bidders. Bidder 6 listed the total amount for the fence as $7000, but listed their unit price u $7000 per foot The Contract Documents require us to correct their bid in favor of the unit price times the quantity of fence, which raised their Base Bid from $306,500 to $1,377,500 Even if the City ignored this irregularity. Bidder 6 would not be the low bidder The Bidding Documents allow the City to award the Project to the low Bidder for either the Base Bid AnKTunt, or for the Base Bid phis Alternate I Amount. The low Bidder for either case is Classic Protective Coatings, Inc. with a Base Bid of 203,231 00 This compares to the Engineer ’s Estimate of $320,000 00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Classie Protective Coatings, Ine. should be awarded the Prcject for either the Base BM Amount of $203,231.00, or for the Base Bid Pliu Atterimte 1 Amount of $207,231.00. Should you have any questions, please feel free to contact me at (651) 604-4842. Yours very truly. BONESTROO. ROSENE, ANDERl DC & ASSOCIATES. INC. Mark D Wallis. P E Enclosure • Sr Paul. Sc Cloud. Rochester. Wlllmar. MN • MilwauSee wi • Chicago. IL AffbaMlw OpMfnwitii UWnw •"* mi Bomstfoo AfidKflk& AssodiCes Project Hot #: Ntwan# Wrtf T( dent Protect No..__________ Refiabiiilallon Bid Oprtno: Tuttdey. June 7.2005 1 2:00 P.M. Fit No. Owner 000139-0414M 9 fmmby certify tfmttNt man 9M»ct Marti a MMs. PE RagitUaUonNa. 19145 Bidder No. 1 BIO TABULATION Bidder No. 2 Bidder No. 3 UtINty Service Co.. Inc. TIM Coetinge. Inc. Bidder No. 4 LeadCon,lnc. 4 5 6 7 a Bern UnNs Qhf UnB Price ToM Unk Price TolM UnM Price ToCM Unit Price Total PART 1.200A00 OAUON ELEVATED RESERVOBI: MOeiUZATION LS 1 S4.000.00 $4,000.00 $2,400.00 $2,400.00 $15,000.00 $15,000.00 Sl0.000.00 S10.000.00 EXTERIOR OLEANINO. SURFACE PREPARATION. OMPOSAL. AND PAINTING (EXCLUDES CITY NAME SCHEME)IS 1 140.500.00 $49,500.00 $61425.00 $61425.00 $70,000.00 $70,000.00 $44,061.00 $44,661.00 INTERIOR WET CLEANING. SURFACE PREPARATION. DISPOSAL, AND PAJNTING LS t 1 $40,200.00 $29,100.00 $29,100.00 $40,000.00 $40,000.00 $70.000 00 S70.0(».00 STRUCTURAL REPAIRS AND MODIFICATIONS L8 1 S31.57S.00 $31.57640 $17,907.00 $17,907.00 $36,000.00 $36,600.00 $40,000.00 $40,000.00 WELDING AND GRINDING OF ERECTION BRACKET SCAB MARKS AND WELD SPATTER HR 125 $75.00 $9,375.00 S84.00 $10,500.00 $60.00 $10,000.00 $00.00 $11450.00 FUU NEOATtVE-AIR CONTAINMENT LS 1 $45,000.00 $45,000.00 S71.4S0.00 $71,450.00 $60,000.00 $60,000.00 $60,000.00 CATHODIC PROTECTION LS 1 $12,740.00 $12,740.00 $11,820.00 $11,820.00 $10,000.00 $10,000.00$10,000.00 $10,000.00 r HIGH CHAIN LINK FENCE LF 154 $70.00__$10,780.00 $84.00 $1^936.00 $30.00 S4.620.X $36.00 _$5452.00 TOTAL PART 1 • aSSASO GALLON ELEVATED RESERVOBI ALTERNATE 1 • PABIT APPLICATION OF CITY NAMES: PAINTING CITY NAME SCHEME (ADO)LS 1 S4.000.00 SM3.231J0 S4.000.00 $3400.00 S217J30.00 $3,000.00 $3400.00 $246420.00 $3,200.00 $1,500.00 S2S1J63.00 1 1 SI .500.00 TOTAL ALTERNATE 1-PAINT APPLICATION OF CflY NAMES ContfiClQf Nifni end Addrtiti S4M0B0 Oiiiic Proleceve Ooiings. $3,000.00 UBNy Service Ca. Inc. S3.200.00 TMI CoMnos. Me.LeedCon.lnc. $1,500.00 PKone: Fee Signed By: TWe: BMBeoellr Addend! ArtmowledBidj Inc. N7S708MleHwy25 Mmomonie.WI 54751-5928 (715)2334207 (710)2334286 RoyWIBi r^eeeieni MSond Om 538 Courtney Hodges BNd Peny. Georg« 31068 (470)9674303 (47$) 9674667 JoneiienCiio Protect Mmger Bid Bond ----fmmrn 280SOaddnoKi SI Paul. MN SS121 (QS1I4S2-6100 (6311432-0000 Tracy MGIIon prettoeni Bid Bond One ISSRNtfvmfAcrMRosd ! Hudson. Wl 54016 1 (715)549*5631 (715)549*5669 Sere S. Sommerield Presidem Bid Bond One ddoi3i04i4aoBTjii BT-1 .5^ f •••',.. :.'i« .,: V,.: , ^ ■ , V ■•V.' "•• >• .^:'-’^v: : •:^-'! C.':; 'p'’^tjii :w .m §MMHa.9 BklcltfNo.t OlvmNM Coatings, Ud« JPI Painting. Inc. Units umiPnco 6 7 S PMT1. atOOMO OALLON EtEVATlO RESniVOMI: PREPARATION, DISPOSAL. AND PAINTINO (EXCLUDES CITY NAME SCHEME) INTERIOR WET CLEANING. SURFACE PREPARATION. OtSPOSAL. AND PAMTING STRUCTURAL REPAIRS AND MOOtFtCATIONS WBDINQ AND GRINDING OF ERECTION BRACKET SCAB MARKS AND WB.D SPATTER FUa NEQATtVE-AIR CONTAINMENT CATHODIC PROTECTION S HK3H CHAIN LINK FENCE TOTAL PARTI -ISO JOO GALLON ELEVATED REStItVOil LS LS HR LS LS LF ALTMNATE 1 • PABfT APPLICATION OF Cmr NAMES: PAINTINO CITY NAME SCHEME (ADO) TOTAL ALTERNATE 1 -PAINT APPLICATION OF CITY NAMES Faa SignsdBy: TMa BMSseuiliy: ToCM i8.aoo.oo SS.S00.00 SS5.S67.00 $B5MrM SSS.000.00 S4s.aoo.oo SS5.000.00 S49.aooxx) 1125.00 SBOXIOO.OO S12.S00.00 SS2.00 S15.S25i)0 SSO^OOOO S12.5004X) S2.500.00 S2JOO.OO SSLSOtLOO OrFaaon.E 62280 (S1S)S2S4)400 ^16)0264)055 RoSnt)f Rsamaok BUBond iOna UnEPNca Total S6.000.00 S6.000.00 6110,000.00 $55,000.00 sao.000.00 M til I556 550.000.00 sioaoo sao.000 00 510.000.00 57, 512,500.00 556,000.00 S10M0.00 * • 'MM 51.078.000.00 S1.37740J.00 56.000.00 56.000.00 56.000.00 JPI Pamlkig, ino. 264RaadAwanua Can^Siaa. OH 44405 (330)755-3303 (330)786-3370 AngaloMNsoi Bid Bond Ona OniaMHMWSTjii BT.2 Itllll gAitfAlifcllhn — I \ v>; REQUEST FOR COUNCIL ACTION cot'*'''” •*er'=T||yj(3 JUN 1 3 2005 DATE: June 13,200S CITY OF ORONO ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administaator Reviewed: Agenda Section: Public Services Director's Report Item Description: Award Contract for TH12 Sewer Pipe Bursting Expansion Project This project is to expand an existing 8” sanitary sewer to a 12" sewer for increased flow capacity required for new development in the Highway 12 corridor. Pipe bursting is similar to directional boring and allows for expansion of the pipe without digging up the sewer line in order to minimize disturbance of the project site. The 2004 Sewer Fund Capital Budget included $25,000 for this project. This sewer line runs south from Highway 12 along the west side of the Golf Dome and then connects to a new 12 “ sewer, installed as part of the new Highway 12 sewer system reconfiguration project, which then runs along the south side of the Golf Dome to Industrial Boulevard in Long Lake. There are two 8" gravity sewers along the highway from both the east and west that flow into the 8" sewer that flows south, and this project will provide for a continuous 12" sewer line downstream of the two 8" pipes. 1*his project also includes the removal of an existing reliever lift station located in the northeast comer of the Morries Automotive property. This lift station was installed about five years ago to provide sufficient sewer capacity until the new Highway 1 2 sewer reconfiguration project was completed which now has sufficient capacity to handle the ultimate development conditions for this area. During high flow conditions, the reliever lift station pumps the excess flow into the MCES Maple Plain forcemain which is located on the south side of Highway 1 2. Alternate Number I is for the removal of the reliever lift station and salvaging the components for the City to use in another lift station as this equipment is only five years old. This project was advertised for bids in the Construction Bulletin and the Laker/Pioneer newspapers with a bid opening at 11:00 a.m. on May 26"*. Four bids were submitted, and the lowest responsible bid received was from Push ConsUiiction Inc. Rice Lake Wisconsin in the amount of $47,740.00 for the Base Bid and $2,500.00 for Alternate 1 . This firm has good references and is qualified to complete this work, and our recommendation is to award the contract for this project to Push Inc. This project was included in the 2004 Sewer Fund Capital Budget, so a budget adjustment will be required to complete this work in 2005. 3 COUNCIL ACTION REQUESTED: Award contract for the Highway 12 Sanitary Sewer Pipe Bursting Project to Push Construction Inc. Rice Lake Wisconsin in the amount of $47,740.00 for the Base Bid and $2,500.00 for Alternate Number 1 to be funded from the Sewer Fund with a budget adjustment to the 2005 Sewer Fund Capital Budget to reflect this expenditure. '^U;;-V v.^A -N-.’ V- ' k>“ •'i'i '** •’ii •y*'. r , IVi jBiliit riirt ItiV r I'hh --------. lii ri' i r ,.-\v ■■'''■ 'f. I ■Ji'jf'’? v:r« i a* ■ ,1 •r-1 iiW.^ r , t wjwb^> ■nilk^ [ . l/|lBonestrpo ^tjlRosene wjv Anderllk & Associates EngiftMTi k Architects 2335 VMfst Highway 36 • St Paul MN 55113 Office: 65H636-4600 • Fax: 65I-636-l3t1 wwwbonestroo com June 8,2005 Hononble Mayor and City Council CityofOiono 2750 Kelley Parkway Orono, MN 55323 T.H. 12 Sanitary Sewer Pipe Bursting Ptoject File No. 000139-04152-0 BMReaalts Bids were opened for the Project stated above on Thuisday, May 26, 2005 at 11:00 AM Transmitted herewith is a copy of the Bid Tabulation for your information and flie. Copies wilt also be distributed to each Bidder. There were a total of four Bids. The following summarizes the results of the Bids received: (/'jril'i.Cm Low Push, Inc. #2 Engineering & Construction Innovations, Inc #3 Frontier Pipeline, LLC §4 OM Contracting, Inc Base Bid $47,740.00 $55,585.00 $77,499.00 $85,660.74 Alternate No. 1 $2,500.00 $5,500.00 $2,750.00 $13,001.72 The low Bidder on the Project wo Push, Inc. with a Base Bid of $47,740.00. This compares to the Engineer ’s Estimate of $50,000.00 These Bids have been reviewed and found to be in order If the City Council wishes to award the Project to the low Bidder, then Push, Inc. should be awarded the Project on the Base Bid Anwnnt of $47,740.#0. Should you have any questions, please feel free to contact me at (651) 604-4874. Yours very truly, BONESTROO, ROSENE, ANDERLDC & ASSOCIATES. INC. Charles RYalaski, P.E. Enclosure • Sr Paul St Cloud Rochester Willinar MN • Milwaukee Wl • Chicago. IL AinrfPiiivd Ac#lBli/lHi»f OpBBffunHjr »n4 twsployvt OwrncB r 1 ■/■'■^ : ..'.■T L„ SoncstrooH; vl AndcfMcCi |\|| Anodaies fngkwiri4MiiMcU Ptoi«rti4MTw:mi2 84nlt>nrStfHyPIP>Bii^ deni Pfoied No.; _________________ Bid Ooemno: Thundey. Met 20^ 2005 eM1:00 AM File No. Owiwr: 000139-<m52-0 I tmt*by<Mftlfy that this iztn exact npmducton afbUt neamd. CNvotOrano CtAfW2^ sR.JansU.Pe No. 14S96 MDTMUUnON ■MdwNo.2 rinti.lno aM*rNo.3 rmidar PlpaliM U.C BkMwNo.4 OM Comracdns Inc ConMnidlon hmovaliom Inc UnNs BASE MD: 1 MOBILIZATION 2 MACHNC8UC8I SILT FENGS a ir MOPE PIPS INSTAOED BY BURSTINQ METHOD 4 RECONNECTION OF EMBTING SERVICS C0NNECTI0N8 5 SITE RESTORATION total BABE MO LB LF 1 100 EA LS 415 2 1 ALTERNATE MO NO. 1: REMOVE EQUMMENT FROM RELIEVER LIFT STATION AFTER USE AND SALVAGE Aa ECMPMENT TO CITY TOTAL ALTERNATE MD NO. 1 UnN Price Total S3.000.00 UM < « 'I* IS3 S400.00 196.00 S39.840.00 S1.000.00 S2.SOO.00 S2.000M S2.SOODO S47.740J0 S2.500.Q0 $2M0m M^OO Puih,liic 22M/2NMamSt Rice Late. Wl 94860 (7191236-7874 (719)238-7434 Signed Bf. J8CA Ljpcaield adSaoufllrBUBond One UnW Price Total S2.900.00 %^4M 52.900.00 51.400.00 S80.00 S36.935.00 52.500.00 59.790.00 S9/)00.00 SO.790.00 S9S.S89.00 S9.900.00 S5.500.00 S9.S00.00 Engmenng 6 Conetrudion IrmovaOofB Inc 1334WldwoodRd StCIOud.MN 56303 (320)296>9111 (651)296-0113 RobbJolvieon Bid Bond One UnE Price Total SO.949.00 S3.00 S8.040.00 S300.00 S190.00 $62,250.00 S2.500.00 S1.000.00 55.000. 00 51.000. 00 sn^.00 S2.7SO.00 S2T50 00 S2.790.00 Frontier Pipeline LLC 1770 14401 31 NewRichffiond.W1 54017 (612)802-8962 (715)246-3009 DewN S. DaBargeon Managmg MemOer Bid Bond One Untt Price Total S3.500.00 S3.10 S3.500.00 S310.00 $145.62 S60.432.30 $4,534.72 S12.349.00 S9.069.44 S12.349.00 S85J80.74 S13.001.72 S13.001.72 $13^1.72 GM Contracting Inc 19610 51501 Avc LakaCiyslaLMN 56055 (507)726^33 (907)726^399 Henry Haraan Bid Bond One s n.- JaMLa *.1 REQUEST FOR COUNCIL ACTION ^ ^ r OF ORONO DATE: 06/13/2005 ITEM NO:13 Department Approval: Name: StephanyG Title: Chief of Police Administrator Reviewed:Agenda Section: Item DcKrtotion: Wayaata Fire Service Agreement Exhibits: DISCUSSION: The City of Orono contracts with the City of Wayzata for fire service to a portion of Orono. The annual service charge for fire service based upon the percentage of calls in Orono for the preceding three-year period, is $23,960. Following is a breakdown of calls from June 1,2001 to May 31,2004: Calls in Orono Calls in Wayata June 1,2001-May 3 1,2002 21 244 June 1,2002 -May 31,2003 28 23S June 1,2003 - May 31,2003 21 2M 77 (10%) 723 (90%) Total Calls 271 263 266 800 The summary of budgeted Fire Department expenses for ?00S and the net amount of such expenses chvgeable to Orono: 2C0S Operating Budget $289,600 Less State Fire Relief Association payment: 50.000 $239,600 X 10% « $23,960 COUNCIL ACTION REQUESTED: Motion to approve 2005 Wayzata Fire Service Contract with the City of Wayzata. Motion to approve payment for fire protection services for first half of 2005, $11,980.00. May 27.2005 City of Wayzata 600 Rice Street East Wayzata. MN 55391-1734 Mayor: Andrew Humphrey Council Members: j«ick AfiKlai Suzanne Bangert Joim Berns Kenneth Willcox City Manager: Allan Ofsen Stephany Good, Chief Orono Police Department P. O. Box 86 Crystal Bay, MN 55323 Dear Chief Good: Enclosed are two copies of an agreement between Wayzata and Orono for the provision of fire service to a portion of Orono for 2005. If acceptable, please execute both copies and return one to us for our files. You will note that the annual charge for fire service, based upon the percentage of calls In Orono for the preceding three-year period, is $23,960. Following is a breakdown of calls from June 1,2001 to May 31,2004: Calls In Calls In Total Orono Wayg^t^Qalls June 1,2001 - May 31.2002 27 244 271 June 1,2002 -May 31,2003 28 235 263 June 1,2003 - May 31.2004 22 ?44 266 77 (10%)723 (90%)800 Following is a summary of budgeted Fire Department expenses for 2005 and the net amount of such expenses chargeable to Orono: 2005 Operating Budget Less State Fire Relief Association payment; $289,600 III $239,600 x 10% = $23,960. Enclosed for your information is a copy of the 2005 Fire Department budget. Phnn*»Fax 952-404 531(1 e-mail' ciivS-Max^aia oiv home pace vi-uiAMa^zata Chief Stephany Good Page 2 May 27,2005 Endosed is a bill for the first half of 2005 fire protection service. If you have any questions, feel free to call. c ^ Joan Smith Administrative Assistant Encs. II '^rm ■:Txiii* «*'V . > ■ ■■>■■* m •• i i- . mUX . : :mm ’ f- I i FIRE PROTECTION AGREEMENT CITY OF ORONO THIS AGREEMENT, made and entered into this day of 2005, by and between the CITY OF WAYZATA, a Minnesota municipal corporation, hereinafter referred to as "Wayzata”, and the CITY OF ORONO, a Minnesota municipal corporation, hereinafter referred to as "Orono": WITNESSETH: WHEREAS, Wayzata maintains a volunteer fire department; and WHEREAS, Orono does not maintain a fire department and desires to purchase fire protection from Wayzata; NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: 1. Services to be Rendered. During the term of this agreement, Wayzata shall furnish fire fighting sen/ices to that portion of Orono shown on the attached Exhibit A. Such services shall be substantially the same in extent and quality as those rendered by Wayzata within its own corporate limits and shall utilize the equipment and personnel of Wayzata. 2. Terni. Wayzata undertakes to provide such services during the period beginning midnight, January 1,2005 and expiring at one minute before midnight December 31, 2005, unless extended in accordance with the provisions hereof. 3. Compensation. Orono agrees to pay to Wayzata and Wayzata agrees to accept as payment for services rendered an annual charge based upon the percentage of calls in Orono for the preceding three-year period, calculated against the Wayzata Fire Department’s operating budget for the contract year. 4. Command Responsibility. The Fire Chief of Wayzata or his deputy shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within Orono, and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or his deputy shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all firefighting and emergency operatior.s at such scene or scenes, including the direction of police officers at the scene with respect to traffic control, protection of citizens and other incidents of the emergency. V, . i 5. Orono Not Responsible for Expenses. All expenses of maintaining Wayzata's equipment, apparatus, salaries, insurance premium and any and alt other items of expenses connected with the services to be performed by Wayzata under this agreement shall be at the sole expense of Wayzata, and the sole amounts payable from Orono to Wayzata shall be the amount specified above in paragraph 3. 6. Nature of Wavzata's Undertaking. In no event shall this agreement be construed to fix upon Wayzata any responsibility or liability to Orono or to third parties which are greater or different in kind than the responsibilities and liabilities borne by Orono if it were providing such services through its own fire department. Without limiting the generality of the foregoing, the Fire Chief of Wayzata or his deputy will have the sole discretion as to the firefighters and equipment that will answer each alarm, provided that protection will be reasonable considering available firefighters and equipment, and it shall not be a violation of this agreement nor shall Wayzata be held responsible to Orono or to a third party for any loss which may result in the event Wayzata, in the exercise of reasonable judgment, and absent Wayzata's gross negligence, is unable to respond or to respond promptly or to respond with only limited firefighters and equipment, or is delayed in responding to a call by reason of answering a previous call. Orono agrees that it will indemnify Wayzata for any judgment rendered against Wayzata or sums paid out by it in settlement, payment or defense of any such claims arising from and relating solely to such claims of improper or inadequate response to calls. 7. Extension. This agreement may be extended for successive terms of one year upon the mutual written assent of both parties entered into prior to the expiration of the then current term. 8. Further Undertakings bv Wavzata. Wayzata agrees that it will indemnify Orono for any judgment rendered against Orono or sums paid out by it in settlement, payment or defense of any claims arising from or relating to personal injury, property damage or death caused by grossly negligent or intentional acts of Wayzata committed in the course of Wayzata's providing fire senrices to Orono. Wayzata agrees to maintain insurance covering its possible exposure to liability under this paragraph 8 in amount and types of coverage described in the Appendix to this agreement. 9. Agents and Employees. No voluntary fire fighter, agent, employee or official of Wayzata shall at any time or in any manner be deemed to be a voluntary fire fighter, agent, employee or official of Oronc by reason of the performance of work or the providing of services for or on behalf of, or within the territorial limits of, the Ci*;' of Orono. 10. Assignment. This Agreement may not be assigned by either party hereto without the other's prior written consent. 11 . Amendment. This Agreement embodies the entire agreement between Orono and Wayzata with respect to the subject matter hereof, and all prior discussions. I negotiations and agreements are merged herein. This Agreement may be amended or modified only by an agreement in writing by the City Councils of both Cities and executed on behalf of both Cities. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF ORONO ATTEST: City Administrator Mayor ATTEST: I . CITY OF WAYZATA •lOIayor ..z V V V.V..-4 h \ 5^' ri 1 • :=v .- :v:-. • : V- ; -mmrnti EXHIBIT A i^iliSkL City of Wayzata 600 Rice Street East W^ta.MN 5539M734 Maiyor: Andrew Humphre> May 27.2005 Cityof Orono Box 66 Crystal Bay. MN 55323 Council Members: jack Amdal Suzanne Bangert John Berns Kenneth Witlcos City Manager: Allan Orscn Fire protection services: 1** half. 2005 $11,980.00 mt.: ■.! V, , 4^ STATEMENT r... AfO «Al C9I0 A A«v« hArt%# AOA»' »• »•** nro ___________ ____________ ■ - —■- - ---------------------------- rme I0M2200 C3t9. Codt FertMil Services 103 Volunteer piymcftts 122 FICA Mitcrisls tad Suppllef 210 Operatinf supplies 312 Motor fbels 217 Unifomis and pcraoiMl equip 240 Small tools and equipment 341 Safety equipmenl/testing Materials and supplies foul CenCractual Services 306 Personnel expense 323 Radio service 331 Mileage, travel and lodging 3S1 Electricity 313 Natural gu 404 Repair Sl maint of vch^equip/compuiers 409 Cleaning services 433 Prof, dues and confs. 434 Training. Khoois and prevention mat 437 Fire relief contr • 2% of Ins prem 437 Fire relief contribution • City 499 MiKellaneous Contractual services total Capital Outlay 720 General CIP - Fire Trucks Capital outlay totals TOTALS • 2003 Acmal 9/3(V2003 Actual 9/3(V2004 Actual 2004 Budget 2005 Budget 4 Percent Inc/Dec s 63.018 4.S2I S 31,606 2.418 S 30.967 s 2.369 57.800 S 4300 62,000 4.600 737S 6.98*i 67J39 34324 33336 62.100 66.600 7.25S 42S5 2.940 3383 4.300 4.200 -2 33% 1.796 6.566 7302 1.900 1.900 0.00% 8.161 7388 233 6.100 6.500 6.56% U38 1.038 407 2.000 1.800 •I0.00*i 2.184 1.417 1.452 2.000 4.000 100.00*% 17.734 19349 12.777 16.300 18.400 12.88% 3.743 1.960 1325 2.900 3300 20.69*. 15.497 7.619 12.525 14.000 IIJOO 8 28374% Z6I4 t.992 2.978 3.100 3.000 •3334. 6396 3.448 1.613 800 1.500 87.304. 4.472 3.816 4.980 3300 4.500 28.37% 8.543 6367 2.758 6.000 6300 333% 1347 735 245 1.400 1.400 0.00*. 3342 2356 2325 3300 3.500 938*i 4364 3.948 4.442 5300 6.000 9.09% 49.7S0 •40.000 59.000 21 25.00*. 30.000 ••30.000 49.991 5 33.334i 2,079 1359 2.825 2.100 2.000 •4 76* . 132.077 33.900 36.416 112.500 139.600 2409*. 63.000 47350 48.750 65.000 65.000 0 00*. 63.000 47350 48.750 6S.OOO 65.CH3C C 00*. f 2se.65e S 134.423 S 131379 8 255.900 S 289309 13.17% i REQUEST FOR COUNCIL ACTION DATE: J«BC 10,2005 ITEM NO: j Cot oir*cT||^Q JUN I 3 2005 CITY OF ORONO Dcpartflirat Approval: NRmf Ronald J. Moone Title City Administrator Adniabtrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Invoice for Long Lake Fire Station Epoxy Floor Upgrade Background The initial epoxy floor installed in the Long lake Fire Station apparatus bay was defective. When the flooring subcontractor, Diversified Coatings, was preparing to repair the floor, they installed a test patch by replacing the floor in a single section of the apparatus bay, to ensure the repair would hold up to truck traffic, etc. In installing the test patch. Diversified mistakenly installed an upgraded, more slip>iesistant, flooring surface. The installation of the upgraded surface on the entire floor would have cost $20,000. The Cities initially indicated they were not willing to pay the entire $20,000 for the upgrade. Rather than tearing up the test patch and starting over, Diversified agreed to provide the upgraded floor surface for an additional cost of $5,000. The Long Lake Fire Advisory Commission agreed to accept the offer for the upgraded flooring. Recommendation The upgraded flooring has now been installed. Staff recommends approval of the payment of $5,000 to Diversified Coatings. COUNCIL ACTION REQUESTED Motion to approve the payment of $5,000 to Diversified Coatings for the epoxy floor upgrade, to be paid from the Joint Fire Station Construction Fund. IVERSIFIED C oatings Incorporated 7594 Highway 65 NE • Fridley, MN 55432 • (763) 780-3273 www.diversifiedcoatingsinc.com FAX (763) 780-9727 Member of Polymer Coalings & Stirfacins Imtilule, PCSI COyefLongLokt 451 VIrgbtiaAVr. PO Box 606 Long Lam. MS 55563 INVOICE Invoice# 5262 02-43 OmlMMrlD JobNMM lavoiccDate May 24, 2005 CITY or LOHS Lone Lake Fire Re-DO—jssw^-------—JobNMriMr Due Dale JIM 02-43 Jun 23, 2005 Long Lakt Fin, OrxmoMN(Ri-DoandRopain) Ugfgfygindmigu. shai bla$l floor, huffmd coat floor a$pmragr«tmtnt. CdyagnoMtopayfarpartofdunHioyoork 5,000.00 Yam IVammlyU cttaehod.MAY 3 1 2005 a V i: • ' V due UPON COMPLETION. THANK YOU. THANK YOU FOR GIVING US THE OPPORTUNITY TO SERVE YOU WE APPRECIATE YOUR BUSINESS AND THE CONFIDENCE YOU HAVE PL.ACED IN US PLEASE CONTACT ME WHENEVER I C.AN BE OF FURTHER ASSISTANCE TOTAL DUE $5,000.00 1 ■4 REQUEST FOR COUNCIL ACTION crutub'll JUN 1 3 2005 CITY OF ORONO DATE: 06/13/0^ ITEM NO; Dcpartawnt Approval:Admiaiftrator Reviewed:Agenda Section: Nanw: StqAaayGood Title: Ckief of Police Item Deicrlption: Accept Donatlod for Police Retervet Exhibits: DISCUSSION; On May 22,2005, GearWest Ski, Bike & Run, held a special event known as Run/Bike^un in the Orono ^hools area. The event was planned by Jan Guenther. On 3/26/05, Ms. Guenther presented a check to the Orono Reserves thanking them for their sivpoit A letter of q)pteciation has been sent. COUNCIL ACTION REQUESTED: Motion to accept $30 donation on behalf of die Orono Police Reserves. J *«ecTiMQ JUN 1 3 2005 REQUEST FOR COUNCIL ACTION DATE: June 10,2005 ITEM NO: CITY OF ORONO Depurtment Approval: Name Ronald J. Moone Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Urban Hennepin Ct^nty Joint Cooperation Agreement (CDBG) for FY 2006.2008 The City has pailicipated in the Urban Hennepin County Community Development Block Grant Program for many years. Through the program, the City has obtained funding to assist low and moderate income households in rehabilitating their homes and in purchasing homes. In order for Hennepin County to qualify to receive Community Development Block Grant (CDBG) Program funds, and in order for Orono to be eligible to receive funds through this program, a joint cooperation agreement is required. Attached is the joint cooperation agreement and a resolution authorizing the execution of the joint cooperation agreement between the City of Orono and Hennepin County for participation in the Urban Hennepin County CDBG Program in FY 2006- 2008. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution authorizing the execution of the joint cooperation agreement between the City of Orono and Hennepin County for participation in the Urban Hennepin County CDBG Program in FY 2006-2008. 'i rL -v* i \ Htnmptn County Doportmtnt of Housing, Community Works & Transit Mrnnrpin 417 North Rfth Street Suite 320 Minneapolis, Minnesota SS401-1362 612-348-9260, Phone 612-348-9710, Fax 612-596-6985,TDD/TYY www.hennepin.us May 4,2005 Mr. Ronald Moorse City Administrator City of Orono PO Box 66 Crystal Bay, Minnesota SS323 received may 0 6 2005 CITY OF ORONO Subject: Fiscal Year 2006-2008 Joint Cooperation Agreement Dear Mr. Moorse: Accompanying for your review and execution is the Urban Hennepin County Joint Cooperation Agreement for FY 2006 — 2008. The agreement sets forth broad shared powers for carrying out housing and community development activities. The U.S. Department of Housing and Urban Development (HUD) requires this agreement in order for Hennepin County to qualify as an urban county and receive Community Development Block Grant (CDBG) Program entitlement funds. This document was approved by the Hennepin County Board of Commissioners on May 3.2005 and awaits action by your city council. The agreement has not beer changed from the grey-lined draft you received as an attachment to our February 24**’ letter. As a community participating in the Urban Hennepin County Program, your city would not be eligible in FY 2006 - 2008 to apply for grants under the small cities or state CDBG programs. Your community will automatically participate in the Hennepin County HOME Program and will not be eligible to receive HOME funds through the state or other consortiums. Please execute the city signature page of the agreement to indicate your intent to continue participation in the Urban County Program. A sample council resolution is enclosed. Return only an original copy of the city signature nage with the city seal and a copy of the authorixing resolution. Please return these documents to thb office as soon as possible and no later than June 30,2005. Materials should be sent to: Chuck Ballentine, Director Housing, Community Works and Transit 417 North Fifth Street, Suite 320 Minneapolis, Minnesota 55401-1362 £A. ■■ >. . ------------:imAriiin X Mr. Ronald Moorse May 4.200S Page 2 Please contact Jim Ford at 612*348-6013 if you have any questions about the agreement or process. I look forward to continuing our cooperative efforts in addressing suburban Hennepin County housing and community development needs. Sincerely, Chuck Ballenti Director Enclosures: Joint Cooperation Agreement A0S0448 Sample Resolution -■ • ' . . tV| : .;^v'-5iS53^ p f.% *7* ' 'jMT : /^-V, ,./'V ^•••,' ; ■ < V , v, ■"- ,!«• ■• - ‘1“ - •-■ ’■'iy|(-«(j*r ■ ^ ■■ r-i^p fi -. : ■ ’-K ; 'J i j' vi•f'" r ^. ^ 'V. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF ORONO AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006 - 2008. WHEREAS, the City of Orono, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. BE IT THEREFORE RESOLVED that a new Joint Cooperation Agreement between the City and County be executed effective October 1,2005 and that the Mayor and the City Administrator be authorized and directed to sign the Agreement on behalf of the City. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this I3th day of June, 2005. ATTEST: Linda S. Vee, City Clerk (seal) Barbara A. Peterson, Mayor Page 1 of 1 I f ;Contract No. A050448 JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," A-2400 Government Center, Minneapolis, Minnesota. 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. COOPER/iTING UNIT acknowledges that by the execution of this Agreement that it understands that it: 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et scq.). B.“Activity ” means a CDBG-funded activity eligible under Title I of the Housing and Community Development Act of 1974, as amended. Example: single family rehab activity. C. “Annual Program" means those combined activities submitted by cooperating units to COUNTY for CDBG funding as part of the Consolidated Plan. "Cunsolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authunzation to expend tlie annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as pan of the Community Development Block Grant Program. E "Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Agreement. F. "HI.T5" means the United States Department of Housing and Urban Development. G. "Metropolitan City*' means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. R “Program ” means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. I. "Program Income" means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. J. "Regulations ” means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. K. "Urban County” means the entitlement jurisdiction within the provisions of the Act and includes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities and authorizes COUNTY to cany out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 2006,2007 and 2008 and from any program income generated from the expenditure of such funds. •# III. AGREEMENT The term of this Agreement is for a period commencing on October 1 , 2005 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2008, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. The COUNTY may notify COOPERATING UNITS prior to the end of the Urban County qualification period that the Agreement will automatically be renewed unless it is terminated in writing by eithe; party. Either the COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end of the Urban County qualification period. If the COUNTY or COOPERATING UNIT fail to exercise that option, it will not have the opportunity to exercise that option until the end of a subsequent Urban County qualification period. The COLTNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date specified by HUD. This Agreement must be amended by written agreement of all parties to incorporate any changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the .Agreement following the expenditure of all CDBG funds allocated for use in the COOPERATING UNIT’S jurisdicnon. w 1 Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UhOT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing, Community Works and Transit, and in no event shall the Agreement be filed later than June 30,2005. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b) of ’.he Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the terms of this Agreement, certain activities eligible for funding under the Act. The COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COUNTY’S responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agree as follows; A.COOPERATING UNIT will, in accord with a COUNTY-established schedule, prepare and provide to the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. B.COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.50 1 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed witlr and in a form prescribed by the COUNTY. C.COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an acti\it>'pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances, a wmtim Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D. COOPERATING UNITS shall expend all funds annually allocated to acti\ities pursuant to this Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant amount. 1. With each annual program COOPERATING UNITS shall submit to the COUTsTY activity schedules for the completion and expenditure of funds within eighteen (IS) months. COUNTY will institute monitoring measures and provide technical or other assistance to insure activities are proceeding on schedule. IffciTit lilt I 2. Funds for activities not expended within eighteen (18) months may be recaptured at the discretion of the COUNTY and distributed by COUNTY as provided for in D. 4, Limited extensions to the expenditure deadlines in this section may be granted by COUNTY upon written request only where the authorized activity has been initiated and/or is subject to a binding contract which provides for the expenditure to be completed within a time period acceptable to COUNTY. 3. Amendments to an annual program by COOPERATING UNITS may be approved by COUNTY up to fifteen (IS) months after initial funding has been approved only when the new activity can be completed and funding expended within six (6) mon^ of the amendment approval. Funds not expended within the six (6) month extension period may be recaptured and distributed by COUNTY as provided for in D.4. 4. All funds recaptured by COUNTY will be transferred to a separate account for reallocation on a conq>etitive request for proposal basis at the discretion of the COUNTY where total of such funds is $100,000 or greater. Amounts less than $100,000 shall be allocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E. COUNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement as provided below: 1. Program income from housing rehabilitation activities administered by the COUNTY will be incorporated into a pool at the discretion of the COUNTY. This provision is effective with the term of this Agreement commencing October 1,2005. The pool will be administered by COUNTY and will be used for housing rehabilitation projects located throughout the entire Urban County. When possible, COUNTY will give priority to funding housing rehabilitation projects within the COOPE^TING UNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage nmning in favor of the COUNTY. Program income generated by certain COOPERATING UNITS that administer their own housing rehabilitation activities may be retained by the COOPERATING UNIT at its discretion, however such COOPERATING UNITS will be bound by the conditions of D.2., above. Only COOPERATING UNITS that were administering their own activities pursuant to the Joint Cooperation Agreement pertaining to the HUD fiscal years 2003-2005 will be eligible to retain their program income. 2. COUNTY reserves the option to recapture program income generated by non-housing rehabilitation activities if said funds have not been e.xpend^ within twelve (12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COUNTY or, where the total of such funds does not exceed 5100,000, shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F. COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G. If COUNTY is notified by HUD that it has not met the performance standard for the timely expendinire of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by HUD according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals, as contained in the Urban Hennepin County Consolidated Plan. I. J. COOPERATING UNIT shall ensure that all activities funded, in part or in full by grant funds received pursuant io this Agreement, shall be undertaken afTirmativcly with regard to fair housing, employment and h’.^iness opportunities for minorities and women. It shall, in implementing all programs and/or activities funded by the basic grant amount, cohqily with all applicable Federal and Minnesota Laws, statu tec. rules ”»d regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. COOPERATING UNTT shall participate in the citizen participation process, as established by COUNTY, in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. L. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. M. COOPERATING UNTT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. N. COOPERATING UNIT has adopted and is enforcing: 1.A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2.A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facihty or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. COUNTY further specifically agrees as follows: A.COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. B.COUNTY shall provide, to the nmimum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C.COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing goals. D.COUNTY shall, upon official request by COOPERATING UNIT, agree to admimster local housing rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. I E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: A. COUNTY shall retain thirteen percent (13%) of the annual basic grant amount for the administration of the program. Included in this administrative amount is funding for annual county-wide Fair Housing activities. B.The balance of the basic grant amount shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C and the procedure stated in part D of this section utilizing data provided by HUD. The allocation is for planning purposes only and is not a guarantee of funding. C.Allocation of funding will be based upon a formula using data supplied by HUD that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population ofCOOPERATING UNIT and the population ofall COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3.The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4.In determining the average of the above ratios, the ratio involving the e.\tent of poverty shall be counted twice. D.Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: 1. All COOPERATING UNITS with aggregate formula percentages of greater than three and one half percent (3.5%) of the total using the procedure in part C. of this section will receive funding allocations in accordance with the COUNTY formula allocations. COOPERATING UNITS with aggregate formula percentages of three and one half percent (3.5%) or less of the total using the procedure in pan C. of this section will have their funds consolidated into a pool for award in a manner determined by COUNTY on a competitive request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding has been pooled will be eligible to compete for these funds. J I B.The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. F.In die event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. VI. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the re- qualification process for fiscal years 2006-2008, that it is eligible to become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT’S eligibility as a metropolitan city prior to July 8,2005, the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisiorw of the Agreement are fully authorized under State md local law and that the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renew'., and publicly-assisted housing. Assistant County Anomey 1’* .. ' 'i. • . ’V •t,' , , V. v’ t ! t Vin. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on May 3,200S, and pursuant to such qiproval and die proper County ofRcial having signed diis Agreement, the COUNTY agrees to be bound by the provisions herein set foith. APPROVED AS TO FORM Assistant County Attorney Date: APPROVED AS TO EXECUTION: Assistant County Attorney Date: 'a . COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chair of its County Board /vnd: Assistant/Deputy/County Administrator Attest; Deputy/Clcrk of the County Board recommended for approval Assistant County Administrator - Public Works Date: Director, Housing, Community Works and Transit Department Date: i •I 8 I n rfca'fciar a —ei n ru — it i i IX. COOPERATING UNIT EXECUTION COOPERATINO UNIT, having signed this Agreement, and the COOPERATING UNITS governing body having duly approved this Agreement on j________, 2005, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract A050448 . J CITY OF By: Its Mayor And: Its City Manager ATTEST: i CITY MUST CHECK. ONE: The City is organized pursuant to; Plan A PlanB Charter fc t ^ Li*.... ^ >■% IX. COOPERATING UNIT EXECUTION COOPERATINO UNIT, having signed this Agreement, and the COOPERATING UNIT’S governing body having duly approved this Agreement on__________, 2005, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract A0S0448. A msm V -:. v sr- CITY OF By: Its Mayor And: Its City Manager ATTEST: CITY MUST CHECK ONE: The City is organized pursuant to; Plan A PlanB Charter linlmiii t 4 ticcTiMG REQUEST FOR COUNCIL AiTION DATE: Jim 10,2005 ITEM NO: JUN 1 3 2005 CITY OFOHONOn Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed: ¥ Agenda Section: City Administrator ’s Report Item Description: No Assessments for ToWnline Road lmprovements>Resolutpon The Cities of Orono, Independence and Medina are planning to make improvements to Townline Road in the coming years. The improvements will involve installing new base and new pavement with a rural design and a width similar to the existing width. In discussions regarding the improvements planned for Townline Road, the consensus of the Council has been that no portion of the costs of the improvements will be assessed to the residents of the Townline Road area. A resolution reflecting this consensus is attached for the Council's consideration. COUNCIL ACTION REQUESTED Motion to approve the attached resolution providing that no portion of the costs of improvements to Townline Road will be assessed to the Townline Road area property owners. m ii : : i. '.. = -jf.' "f-i mmm yy..y'I-V■ y: 'V ;^ O''’, yy-'■ • ’ : - .V.. : •• ■ ^ ' J. I . ii i y. a.- A RESOLUTION PROVIDING THAT NO PORTION OF THE COSTS OF IMPROVEMENTS TO TOWNLINE ROAP WILL BE ASSESSED TO THE TOWNLINE ROAD AREA PROPERTY OWNERS WHEREAS, the Cities of Orono, Independence, and Medina are planning to make improvements to Townline Road in the coming years; and WHEREAS, the improvements will involve installing a new base and new pavement to a 9>ton standard, with a rural design and a width similar to the current road width; and and WHEREAS, the cost of the improvements is estimated to be approximately $200,000; WHEREAS, the Cities have agreed to share the costs as follows: Orono 20.83%, Independence 31.25%, Medina 47.92%.; and WHEREAS, Orono’s share of the costs will be equivalent to the cost of an overlay, which is paid through general tax revenues; and WHEREAS, it is the consensus of the Council that Orono’s share of the costs should be funded through general tax revenues rather than through assessments levied on the properties in the Townline Road area. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby determine that no portion of the costs of improvements to Townline Road will be assessed to the Townline Road area propeity owners. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of June, 2005. ATTEST; Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Page 1 of 1 * DATE: J«BC 10,2005 ITEM NO: /g REQUEST FOR COUNCIL ACTION JUN 1 3 2005 CirYOFOHONO DcpartmcBt Approval: Nanc Ronald J. Moorte Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description : A Resolntion Authorizing the City to Submit Information to ihe Department of Employment and Economic Development (DEED) and to enter into a Grant Agreement for the purchase of the Big Island Veterans Camp Property The Legislature has approved funding in the amount of $2 million to assist the City in purchasing the Big Island Veterans Camp property. To obtain the State funding requires the City to submit information to DEED, to enter into a grant agreement, and to adopt a resolution authorising the City to complete both of these requirements. The resolution is attached for the council s consideration. COUNCIL ACTION REQUESTED Motion to approve the attached resolution Authorizing the City to submit information to the Department of Employment and Economic Development (DEED) and to enter into a grant agreement for the purchase of the Big Island Veterans Camp property. "r - ^ -V: ■S.I “ ) ■ 9 ;■* ITi RESOLUTION AUTHORIZING THE CITY OF ORONO TO SUBMIT INFORMATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND TO ENTER INTO A GRANT AGREEMENT FOR FUNDING TO ASSIST THE CITY IN THE PURCHASE OF THE BIG ISLAND VETERANS CAMP PROPERTY WHEREAS, under the provisions contained in Minnesota Laws of 200S, Chapter 20, Article 1, Section 23, Subdivision 3, the 2005 Legislature appropriated $2,000,000 for a one-time grant to the City of Orono to assist the City in the purchase of the Big Island Veterans Camp property; and WHV41EAS, to receive this money, the City must submit required information and enter into a grant agreement with the Minnesota Department of Employment and Economic Development. BE IT FURTHER RESOLVED that the City of Orono has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure proper construction, operation and maintenance of th<: project 'or its design life. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono that the City of Orono is authorized to enter into a grant agreement with the State of Minnesota for $2,000,000 for the funding of the purchase of the Big Island Veterans Ca,np property. I CERTIFY THAT the above resolution was adopt d bv the Orono City Council on June 13,2005. SIGNED:WITNESSED: Barbara A. Peterson Mayor of Orono Linda S. Vcc City Clerk fn.y : Page I of 1 i 4 ir*n ■■ i I» .. i. •Vp:tiecTifsjQ JUN t 3 2005 REQUEST FOR COUNCIL ACTION CITY OF OflONO DATE: 06/13/05 ITEM NO: Dcpartmeit Approval:Administrator Reviewed: Name: Stephaay Goo<^« Thlc: ChieforPolke V' Agenda Section: Item Description: Hire Fnll Time Community Service Ofllcer Exhibits: None P18CV88IQW The Orono Police Department wishes to advertise for a full time community service officer. The duties of the CSO include animal law enforcement, responding to emergency call-outs for animal impound, numerous deliveries including council packages, communications equipment, evidence, transportation of squads for maintenance, police and city support duties as assigned. Ads will be placed in several area newspiqwrs, and on the Orono Police Department web site at www.oronopolice.org. Notices will be sent to local law enforcement schools. The Police Department will conduct a written test, interview and a background investigation. The Police Department anticipates extending an offer of employment to the most qualified candidate for an anticipated July 11,2005 start date contingent upon the current CSO vacating the position. COUNCIL ACTION REQUESTED; Motion to advertise for and extend offer of hire to full time CSO candidate beginning July 11, 2005 at the beginning pay rate of S12.95/hr. r\ V '-■t ■..... J > * ■ V-1*^ 1 i i ■fail k: i.- '.i-; A *4 REQUEST FOR COUNCIL ACTION ••CCTIKJQ JUN 1 3 2005 DATE: June 9,2^^ yj.- qrono ITEM NO: JUP Department Approval: Name Lin Vee Title City a«k Administrator Reviewed:Agenda Section: Licenses Item DcfcriptioB: List of Licenses for C<^cil Approval RESIDENTIAL KENNEL LICENSE 1 . Michael and Cynthia LeJeune 480 Old Long Lake Road ONE DAY GAMBLING - RESOLUTION 1 . Sister Kenny Foundation Minnetonka Center for the Arts, 2240 North Shore Drive Raffle with Ait of Living Gala and Auction Tuesday, June 14,2005,6:30 p.m. -10:00 p.m. fJ TEMPORARY ON-SALE LIQUOR LICENSE 1. Sister Kenny Foundation Minnetonka Center for the Arts, 2240 North Shore Drive Ait pf Living Gala and Auction Tuesday, June 14,2005,6:30 p.m. -10:00 p.m. SPECLAL EVENT 1. Applicant:Sister Kenny Foundation Event:Art of Living Gala and .Auction Location:Minnetonka Center for the Arts, 2240 North Shore Drive Date:Tuesday, June 14,2005 Time:6:30 p.m. * 10:00 p.m. 2. Applicant:Paul Merlo Event:Private Party Location:2142 Shadywood Road Date:Saturday, June 25,2005 Time:5:00 p.m. -10:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. 'mm -S':'"' r .. • •mK '.; r llnilHarttfltiriTiffWIii rr. ~i muaSfMilifilii.iir'lakMWwrtri liMrMd I tr- r L-- l( J.-", , *•» City ofOrono P.O. Box 66 2750 Kelley Paricwiy ^ CryttilBiy.MN 55323 (952)249-4600 FOR Kennel Inipected By: Date Inspected: Recommends: ORONO KENNEL LICENSE APPLICATION Effecrivc January 1,2005 to December 31,2005 Approval Owner: ^ \A^^\AV\t_____________ Property Address: \ (include city and zip)' ' ' Mailing Address (if different): Phonr 1^2 ■ HU. 1227 RESIDENTIAL Kennel License Fee: $25.00 (payment must acconq>any q>plication) Maximum # of dogs to be kept at one time: Maximum # of cats to be kept at one time: (over 6 months of age) (over 6 months of age) Principal Brecd(s): ’Y^llOlV \/(\V) \^fw?l\/<?V' Hl^U ^ Wte^yPurpose for more than 2 dogs/cats: LfV^ Dogs normally kept: C32!l®^' .<k«mcl stnTcture>( t M <si d" ) Cats normally kept: . , inside____kennel structure COMMERCIAL Keniel License Fee: $150.00 (payment must accompany application) Name c Business: ______________ Business Activities: (exanqrle: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable rifn«» during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 62 Article III, Division 3; including any special conditions imposed by the City Council as part of anj^ennel licjense approval. GunflimU ' Applicant id^u w. Date RaaolForm ! ) / '■ * V r V « • At!"1<e> A RESOLUTION APPROVING THE APPLICATION OF SISTER KENNY FOUNDATION FOR A ONE DAY MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT WHEREAS, the Sister Kenny Foundation has applied to the State of Minnesota Gambling Control Board for a Minnesota Lawful Gambling Exempt Permit to conduct lawful gambling activities; and WHEREAS, the Sister Kenny Foundation proposes to conduct a one day gambling activity (raffle) as part of Art of Living Gala and Auction to be held at the Minnetonka Center for the Aits located at 2240 North Shore Drive on June 14,20<JS; and WHEREAS, the Sister Kenny Foundation is required to obtain approval of the gambling activity from the city in which the activity will occur. NOW, THEREFORE, BE IT RESOLVED, the Orono City Council does hereby approve the qiplication for a Minnesota Lawful Gambling Exempt Permit for the Sister Kenny Foundation to conduct a one day gambling activity (raffle) at 2240 North Shore Drive cn June 14,2005. Adopted at a regular meeting of the Orono City Council this 13tfi day of June, 2005. ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Cleric Page 1 of 1 State of MInnatote County of Hanntpin City of Orono License No: Amount: 2005-11 $25.00 A* fOT 0\ I! V:,... . I'. i 'A A' • . ^ - - - Liquor License 5 , \ / .* f • . '1 /•'Temporary One Day On-Sale Liquor License 1 Upon investigation and utisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the laws of the United States, the laws of the State of Minnesota, the regulations and ordinances of the City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subject to revocation according tr 'aw for violation thereof. This license is not transferable except by consent of the issuing authority. Granted To: BuainMS Namo: Bualnaaa Address: Commencing: Terminating: Business Description: John Greving Sister Kenny Foundation 2240 North Shore Drive June 14.2005 June 14,2005 Art Gala and Auction issued by authority of the City Council of the City of Orono, Minnesota on: June 13. 2005 Barbara A. Peterson. Mayor Attest; Linda S. Vee, City Clerk 2790 Katoy Partmey, P.O. Box S6, CrysM Bay, MN 55323 Pteno: (952)24»4eOO/F«x: (992) 249-4016/wwwxi.onno.mn.M 1 J CITY OF ORONO SPECIAL EVENT PERMIT Date luucd: Date of Event: June 13,200S Tuesday, June 14,200S Type of Event: Time: Location of Event: Art of Living Gala and Auction (Food, beverages, raffle and music) 6:30 p.m. to 10:00 p.m. 2240 North Shore Dnve, Minnetonka Center for the Arts r Name of Personfs) And/or Organization Sponsoring this Event: John Greving Sister Kenny Foundation 800 E. 28* St., #16509 Minneapolis, MN SS407 Phone: 612-863-4618 The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Department • Approval from Orono Building and Zoning 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 hatmless 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 Cit>' of Orono, its officers or errqrloyees 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 are empowered to revoke this special event penrut at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. This revocati.m shall cause the immediate cancellation of the event originally authonzed bv this permit. • Event parking to be coordinated with a private valet service and the Orono Police Department. All vehicles must be legally parked, ..legally parked vehicles may be towed. • Live music to be allowed from 6:30 p.m. - 10:00 p.m. • Temporary One Day On Sale Liquor License is required. • Gambling Permit is required. • The contact name and number dunng the event must be confimied wnh the Orono Police Department (Charlotte Flowers-Huebner at 651-442-5595). The contact phone number must be a cell phone for an event sponsor who will be at the event and en^wered to resolve any conflicts on behalf of the sponsor • 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. • Permit holder is responsible for inspecting the area after the event and repairing any danuge caused by- parking. removing any event-related signs, and cleanup of any event-generated debris Approved at City Council meeting on: June 13.2005 (City Seal) Ronald J. Moorse. Citv Administrator il » mm r*:««' MifTt I •lit tiiicVciirtB* ti«:H^ii)iKt)«i oil rtTTTTO iiiTorti I iitv//^ C4t mm •UY«{tBll WCT«t] t)tK/^ia* rt I (iitiiT^iri m fiirt^ iftT.it nuc itj i riMk:itii •iw^t ^ti iVcitv.Ti kv'/titit ■ ;<ty.rt nut] rtiiViriu«Ht •ItliiTtltTilM'^lO lilN rtnr4.intiiwti«tfti I) • (tl iI4 il O Vi It [ ^t ■ (tl iH |.tt]M «iitiiM» ■ irtiuti i' ’...^jsif^ C^. >»» » ♦••#*»»»» CITY OF ORONO 06/10/05 9:11 AM Page l 0 Check Detail Register©««trcT|NG JUNE 2005 JUN I 3 2005 Check Amt Invoice Comment CITY OF ORONO 10100 Primary Cash Paid'Chkir078536' " *7«005' BOtTERMAN, MATT E 101-42400437 Training ^ Development E 101-42400415 OOwr Equipment Rentaia ToUl BOLTERMAN, MATT ($22 50) 6/9/04 ($47.93) 6/9/04 ($7043) Void Check #78536 Void Check #78536 Paid Chk# 080894 6/13/2005 OEBAERE.OON E 10143000-226 Clothing & personal equio<nenl ToUl OEBAcRE, DON ($125 00) ($125 00) Void Check #80694 Chk# "oiom ‘ " wUxa vvests Tde equipment E 10143000-222 Vehicle Equipment & Parts Tout WESTSIOE EQUIPMENT ($1^) 549374 '{$15 00)' Void Check 80965 PawChk# 0809i7 ‘ ‘MViOOb WHlfEB^liLAKE.cTtYOF E 10142110437 Training & Development ToUl WHITE BEAR LAKE, CITY OF ($43 20) 5/6A)5 ($43'20) Void Check #80967 ■paid'ch'kii'biiioio” ■6/i ’i2CI05 ACCURATE RADAR SPECIALTIES E 10142110402 Repairs/Maint-Auto Equip $325.00 1032 Total ACCURATE RADAR SPECIALTIES $325.00 Paid Chk# 081011 8/13/2005 ACCURINT Radar Calibration k-s#ee E 101-42110-311 Data Processing Communication Tout ACCURINT S30 00 129729120050 Database Access-5/2005 S3000 Chk#"681 Oi2 6/13/2005 ADVANCED IMAGING SOLUTIONS E 101-41900413 Office Equipment Rental S915 25 36524229 Total ADVANCED IMAGING SOLUTIONS '$91525 Pailf(fhki Ml013 Copier tease 5/15/054/15/05 6/13/2005 ANASTASI. ANDREA FABIANA E 10142110-319 Other Professional Services ^ . 05-0519-OPO Interpreter-05-0519 ToUl ANASTASI. ANDREA FABIANA S60.00 Paid Chk« 081014 6/13/2005 ANDFRSON. KRISTI E *014^300-3t« Other Professional Services E 10145200-319 Other Professional Services ToUl ANDERSON, KRISTI $145.00 6/6A)5 $170.09 6/6A)5 $31500 CC Minutes - 5/23 Park Tour-6/8 t Paid ^idP *081015 6/13/2005 * ARAMARK REFRESHMENT SERVICES E 10142110-201 Office supplies E 10141900-201 Office supplies ToUl ARAMARK REFRESHMENT SERVICES $114 95 6013474510 $114 95 6013474511 $229 90 Coffee • PD Coffee - PW Paid Chk# 081016 6/13/2005 AUgIeS MOBILE CHEF E 61349900-093 Concessions For Resale-Txbl E 61349900-093 Concessions For Resale-Txbi ToUl AUGIES MOBILE CHEF S42.72 20407 ($1.47) 20480 $41 25 Hot Dogs/Hamburgers Credit on Account Paid Chk# 08l0i: 6/13/2005 BIFFS INC. E 101-45200-415 Other Equipn>ent Rentals E 10145200415 Other Equipment Rentals E 10145200-415 Other Equipment Rentals E 61349830-415 Other Equipment Rentals E 10145200-415 Other Equipment Rentals E 1014S200-415 Other Equipment Rentals $118 60 $104.35 $9962 $64 04 $52 19 S162 57 W254574 W254575 W254576 W254577 W254578 W254579 Portable Bederwood Portable - Summit Beach Portable • Hackberry Poi ible-GC Portable • CB Piaygrnd Portable - Navarre CITY OF ORONO *Check Detail Register© 06/10/05 911AM Page 2 r r t ! JUNE 2005 Check Amt Invoice Comtnent Total BIFFS INC.1601 37 Paid Chki 061018 6/13/2005 BOYER FORD S TRUCK E 101-43000-222 Vehicle Equipment A Parts Total BOYER FORD A TRUCK $2.395 36 424431 $‘2,395.36 Repairs - #427 Paid Chki 061019 6/13/2005 BUDGET PRIHTINO E 101-42110-201 Office supplies E613-40630-i01 Office supplies E 601-40400-322 Postage Total BUDGET PRINTING $21231 4305 $47.73 446;l $6 <5 4^ $266.49 Traffic Accident Books Reservation Books - GC Shipping - Oep of Health Paid ChM 061020 ^*13^5 CAROlUSALT E 60140400-216 Chemicaia and Chem Products Total CARGILL SALT $2,061.48 1340911 $2,061.46 Solar Salt Paid Chk# 081021 6/13/2008 CARPNETER'S CONTRACTING INC £10141900^ RapairaMaint-BWgt/Groundt $1,232.00 2697 Total CARPNETER'S CONTRACTING INC 'Vl'232.00 InataU Door Jamb Paid ChM 081022 8/130008 CENTERPOINT ENERGY E00149400.361 Gat & Eladric E 60249480.381 GatAEItcMc E 60249480-381 GatSEIactric E10141900-381 GatSEIoetrlo E10142260-381 Gat&Eloctric E10141900-381 GatSEIoctric E 60149400-381 GatSEIactric E 61349830-381 GatSEIoctric E 10142110-381 GatSEIoctric ToUl CENTERPOINT ENERGY $46.80 $18.68 $140.40 $184.20 $187.68 $280 73 $1.039 08 $89.86 $150.71 $2.13484 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006780600 Gat S« ..ce 060006750600 Gat Service 060006750600 Gat Service 0600vJ750600 Gat Service Paid Chk# 081023 6/13/2005 CHUNKS LAKESHORE AUTO E 101-42110-402Repeke/Meint-Auto Equip $181.51 26927 Oil. Strol>e 9196 E 101-42110-402Repuft/Maint-Auto Equip $30 02 26931 Radar Cone 9200 E 101-42110-402Repeirt/Maint-Auto Equip $14 08 26933 Tire Repair 9200 P 101-42110-402Repairs/Maint-Auto Equip $175.96 26940 Battery #198 E 101-42110-402Rapain/Maint-Auto Equip $297 41 26944 Oil, Battery #201 E 101-42110-402Repain/Maint-Auto Equip $105 09 26945 Light Bar. Strobes #196 E 101-42110-402Repairt/Maint-Auto Equip $1408 26950 Tire Repair E 101-42110-402Rapai^a/Maint-Auto Equip $1.055 73 26959 Exaust Converter 9200 E 101-42110-402Repaira/Mamt-Auto Equip $73 80 26965 Oil. Wiper Blades 9198 E 101-42110-402Repain/Maint-Auto Equip $361.37 26978 Seal PeH #195 E 101-42110-402Repain/Maint-Auto Equip $388 47 26995 Oil. Brakes #199 E 101-42110-402Repain/Maim-Auto Equip $59 72 27005 Oil, Light Bar E 101-42110-402Repairs/Maint-Aulo Equip $80 04 27030 Oti. Oram Plug #200 ToUl CHUNKS LAKESHORE AUTO Paid ClikTd8i024 ‘ '6/13/2008'■■'CUtW S2.837 28 E 23145650-340 General Advertiting Total CLASSIFIEDS $53 70 41751 95 Wrangler Forfeiture $53 70 Paid Chk# 081025 6/13/2008 COMCAST IP SERVICES, LLC £10142110-480 Other Mitcelaneout Charget $25 00 3789 ToUl COMCAST IP SERVICES, LLC $25 00 IP Inquire - 05-2877 Peid Chki 011026 13/2005 CONSTRUCTION BULLETIN CITY OF ORONO 06/10/05 9:11 AM Pag€3 Check Detail Register® JUNE 200S ClMCk Aiwt Involct Comment O 601 -16300 FIxad Asset-Other improvements G 601-16300 Fixed Asset-Other improvements Tout CONSTRUCTION BULLETIN $129 28 2909146 $129 28 2915932 $258 56 Nav Tower Rehab Nav Tower Rehab Paid CltKi 08102^ 8/13/2665' COVERALL OF THE TWIN CITIES E 101-42110-407 Janitorial Services $1,139.55 96811 E 101-41900-407 Janitorial Services $1.504 85 96811 Tout COVERALL OF THE TWIN CITIES $2.644 40 PaidIChM 6oi?28' 6/13^00?" ocX- wire only ... G 101-21719 DCA/Spendin9 Accounts $407.50 6/2/05 0101-21719 DCA JpendingAccounu *?09A9 6/9/05 Total DCA-WIRE ONLY $1.21699 Janitorial • 6/2005 Janitorial • 6/2005 FSA 6/2/05 FSA - 6/9/05 i 'Paid dhwToaT329" 6/13/2005 lOE BAERE. DON E 101-43000-226 Clothing 6 personal equipment Total DEDAERE.DON $125.(W 6/2/05 $125.00 " Replace Check #60894 ^ ‘ftid Chki 061030 6/13/2005 DELTA DENTAL 0101-21709 Dental insurance G 101-15998 Non-Employee Health Ins Total DELTA DENTAL $1,523.80 37220072 $170.10 37220072 $1.693 90 Dental Ins - 6/2005 Dental Ins • 6/2005 >iidChkr6ei03T" 'e/iSSoos ~ dept of aom • intertech group E 101-42110-321 Telephone E 602-49450-321 Telephone E 101-42110-321 Telephone E 101-41900-321 Telephone E6CI 49400-322 Postage TeUI DEPT OF ADM-INTERTECH GROUP $37.00 OV050402C3 $36 66 W5040571 $52.39 W5040571 $73 35 W5040571 $12 22 W5040571 $2ri.62 PVC Circuit Phone Service Phone Service Phone Service Phone Service Paid Chk#^06i03r 6/13?2005 DEPUTY REGISTRAR E 231-45650*441 Licenses A Taxes Total DEPUTY REGISTRAR $9 50 $9.50 License Tabs - Van >aid Chk# 061033 ^ *6/13/2005**^“ DIAMOND MOW^ E 227-45500*580 Other Equtpment Total DIAMOND MOWERS $16,784.40 17071 $16,784 40 Mower for JD 5425 Paid Chki 081034 8/13/2005 DOBO*S E 101-41110*439 Meeting Expenses TcUl DOBO S S261 38 6915 $261 36 Work Sessions • 4-5/2005 Plid Chk# 081035 6/13/2005 E-Z RECYCLING E 101-43270-316 Contract Recycling Pickup Total E-Z RECYCLING $6.78496 8086 $6,784 96 Recycling 6/2004 Ipiid'cVk# 081036 6/13/2005 EARL F. ANDERSON & ASSOC. E 101-43000*224 Street Maint Matehals/Suppty $9918 65680 ToUl EARL F. ANDERSON A ASSOC. $9918 S»gns - No Left Turn Paid Chk# 081037 ef\y7005 ' EAST SIDE BEVERAGE E 613-49900-091 Beer For Rttait Total EAST SIDE BEVERAGE 5199 50 227771 $199 50 Beer for Resale Paid Chk# 081038 6/13/2005 ELECTRIC PUMP E 602-49450*406 Repairs/Mamt-Swr Imes/iifts $820 05 28813 trnpetlor • LS 26 lihji. CITY OF ORONO *Check Detail Register® Oe/10/05 9:11AM Page 4 Total ELECTRIC PUMP JUNE 2005 ChackAnR Invoice Comment I820.0S Pid CiSw M1039 ~'6A ^CTRIC RESOURCE CONTRACTORS E 601-4940(M05 Rcpaira/Maint-Waltinviint/plant SI 983 Tout ELECTRIC RESOURCE CONTRACTORS ' S3M 90 Conduit Repair V\ten 82 Paid ChK# 081040 6/13/2009 EMBEDDED SYSTEMS E 101-42110^03 Repalra/Maint-Misc Equip Tout EMBEDDED SYSTEMS 8552 00 31151 $552:60 Siren Maint7/M2/31/05 8/'l wbds^ ESatELONPeid CM(« 081041 E 101-42260-321 TelepHone Total ESCHELON $3S3 » 6425807 8353.26 Phone Service Paid Chk# 061042 6/13/2005 FARNIOK, CORREY E 101-42110-437 Training 8 Oevtlopmant ToUl FARNIOK, CORREY 812^37 5/18/05 $12 37 Parhing/Meait • Training Paid Chkf 081043 6/13/2005 FORESTRY SUPPUERS, INC E101-42400-240 Small Toole and Minor Equip 8182.39 6/9/05 ToUl FORESTRY SUPPUERS, INC $182 39 Level, Clinometer >aW Chki OeTojif ' "fi/13/2009 FORTIS BENEFITS G101-21713 LTDIneuranca $868.84 4019825-1 LTD Ins -6/2005 ToUl FORTIS BENEFITS ^ $888 84 Paid Chk# 081549 V13r2005 0 S K SERVICES E 601-49400-226Clothing & personal equipment $14.77 1006457805 Uniforms E 101-43000-226Clothing & personal equipment $88.62 1006457805 Uniforms E 613-49630-226Clothing & personal equipment $6.02 1006457805 Uniforms E 602-49450-226Clothing & personal equipment $44.31 1006457805 Uniforms E 101-43000-404Repairs/Maint-Bldgs/Grounds $99.24 1006457805 Mat Service - PW E 101-42110-404Repain/Maint-Bldgs/Grounds $154.401006457806 Mat Service • PD E 101-43000-226Clothing & personal aquipnr.rni $85.71 1006464115 Uniforms E 601-49400-226Clothing & personal equipment $1429 1006464115 Uniforms E 602-49450-226Clothing S personal aquipment $42.87 1006464115 Uniforms E 101-43000-221Equipment Parts & Accessorits $50.98 1006464115 Shop Towels E 613-49630-226Clothing & personal equipment $602 1006464115 Uniforms Tout QSKSERVICES $607.23 PikI ChHi 081046 6/13^5 ' VENUINEPAftTVc^^^^ E 101-43000-221 Equipment Parts & Accetsonet E 101-43000-221 Equipment Parts & Acotssones E 613-49830-240 Small Tools and Minor Equip E 101-43000-221 Equipment Parts & Accessories E 101-43000-224 Street Maint Matenals/Supply E 101-43000-222 Vehicle EquiprT>ent & Parts E 101-430C0-222 Vehicle Equipment & Parts E 101-45200-404 Repairs/Maint-SIdgs/Grounds Tout GENUINE PARTS CO. $1 35 S2680 S1490 $425 $52 70 $441 S48 35 $84 64 $237.40 325449 832142 832547 832917 833294 833868 833984 834359 Misc Supplies Castrol Blow Gun Marker Tester Bolts U Bolts Cable Ties • Docks Paid Chk# 08i04i7 ^13i^00'9 *GEO ANALYTICS E 101-41300-437 Training A Development Total GEOANALYTCS $2,500 00 3134 'b.5oboo Govern Training Paid'dhW 081048 6/13/2005 OiUFW SHOPPE E 101-42110-402 Repairt/Maint-Auto Equip S239 63 40951 Graphics • Sqd 200 jm i .. |n k: CITY OF ORONO 06/16/05 911AM Page 5 *Check Detail Register® JUNE 2005 Check Amt Invoice Comment ToUl QRAFIX SHOPPE ‘ ‘ OfuSNOER^ $23963 Paid Chk# 081049 6/13/2005 E 101-43(aI0>224 Street Meint. Materiatt/Supply Tout GRAINGER $16^73 495-372619-6 Cut Off Wheels $162.73 Paid Cl^ OSVOSO 6/13/2005 GREGORY, JAMES E 101-43000-226 Ctolhing 6 parscnal equipment Tout GREGORY, JAMES Paid ChW»'b81051 "i/l3«605' ' HENNEPIN CO-OP SEED EXCIMNGE E 101 -43000-224 Street Maint. Materialt/Supply $2500 1/4/05 $25 00 Additional Boot Allowance i A ft tf 0mm E 101-43000-224 Street Meint. MateriaL;.^i. iply ToUl HENNEPIN CO-OP Sr 50 EXCI lANGE $2982 97903 ($14.91) 97906 $U.91 Propane Propane Radio Lease 5/2005 Paid £hkT08l652 ' SlMOOV ' HENNEPIN COUNTY INFOR TECH DPT E ^01-42110-414 EDP/Communications Equip Rent $1.570 05 25058033 Total HENNEPIN COUNTY INFOR TECH DPT $1.570 05 *ft]d Chk« 08i0M^ 6/13^66V‘* HENNEPIN C'W E 101-41600-309 Jail Charges $407.50 986 Room & Board 4/2005 Total HENNEPIN COUNTY TREASURER-JAIL $407 50 PaidChki 081054 '6/i 3/2005' HYDRO METERING TECHNOLOGY E 601-49400-227 Utility Syelem Maint. SuppKat __$2.088 12 29760 Total HYDRO METERING TECHNOLOGY $2ioM.12 3/4" Meiers Paid Chk« oil055 '6/13/2005' IIMC' E 101 -41300-433 Membertlilpt 6 Subtcripliont E 101-41300-433 Memberehipt 6 Subscriptions Total IIMC $66 00 10156 $100 00 4492 $1*66 00 IIMC 7/1/05-6/30/06 Dodge IIMC 7/1/05-6/30/06 Vee ?aid'Chk«'081056 '6/13/2005 JOHN DEERE GOVERNMENT SALES E 227-45500-580 Ottter Equipment $24.111 84 93535713 Total JOHN DEERE GOVERNMENT SALES $24.1*164 Paid Chk# 081057 ' 8/13/2005 ' "KENNEDY AGIUV^. CIURTEREO JO 5425 Tractor LV425P143221 E 101-43290-800 Special Projacts. Contingency Total KENNEDY 8 GRAVEN, CHARTERED $94 07 65707 $94 07 MNDOT/Borged Paid Chk#'081058 6/13/2005 KU'sfOM SIGNALS INC E 101-42110-221 Equipment Parts & Accessories Tout KUSTOM SIGNALS INC $9367 234406 S93”67 Smart Trailer Computer PaidChk¥‘08iC59 ^'l3/2005 LAKE BUSINESS SUPPLY E 613-49830-201 Offict supplies Total LAKE BUSINESS SUPPLY $4 31 79242 $4.31 Adding Machine Rolls Paid Chk# 081060 6/13/2005 LaVe MTKA CONSERVATION CIST............ E 101-41110-433 Memberships & Subscriptions $11.'75 25 2/15/05 E 01-41110-433 Memberships 6Subscriptions Sl1.'/5 25 2ndQtr Total LAKE MTKA CONSERVATX)N DIST. $22,250 50 1st qlr 2005*.««y 2nd Qtr 2005 LMCD Levy PaidChki 081061 6/13/2005 LE'^JENEXIS^MATHE^^^ E 101-42^i 10-208 Books 6 Pertodicels ^ S66 19 5108411 Total LEXiSNEXIS MATHEW BENDER * $66 19 Traffic*. Violations f ! CITY OF CRONO 06/10/05 9:11AM Page 6 *Check Detail Register® JUNE 200S Check Amt Invoice Comment Paid Chk« 081062 6/13/2005 LOFFLER COMPANIES, INC E 101-42110*240 Smalt Toolt and Minor Equip ®522A Total LOFFLER COMPANIES, INC "S2>7 97 Transcnpticn Kit Paid Chki 081063 6/13/2005 LONG LAKE, CITY OF R 231*35610 Drug Forfeitures ToUl LONG LAKE, CITY OF S600 00 5/2/05 Hooom Alvarez Forfeiture 1 Paid ChMI 681064 6/13/2005 MADSON, ADRIENNE E 101*42110-201 Offico supplies Total MADSON, ADRIENNE S74J6 5/20/05 $74 86’ Binders for Pol'cy Manual a ^ • * 0 ^ - •« 0m I Paid Chk» 681665 6/13/2605 MALLOY MONTAGUE KARNOWSKIS CO E 101*41900-301 Auditing and Accfg Services $5,700 00 15630 E 101*41900*301 Auditing and AccTg Services _ ^ ^^30 *9tal MALLOY MONTAGUE KARNOWSKI SCO ' $5742 00 Audit RFP«2 Reimb Expense Paid Chk» 0111066 6/13/2005 MCFOA E 10141300433 Memwerthipt & Subscriptions E 10141300433 Memberships 6 Subscriptions E 10141300433 Memberships & Subscriptions ToUl MCFOA S35.0G Oodge $35.00 PeTJt 5^.00 Vee $105 00^ Membership 7/1-6/30/06 Membership 7/1-€.'30/06 Membership 7/1-6^0/06 1>aidChk«'081067 6/1^005 MCLEOD USA • PHONE BILLS E 10142110-321 Telephone E 60149400-321 Telephone E 60149400-321 Telephone E 60249450-321 Telephone E 60249450-321 Telephone *^10141900-321 Telephone ToUl MCLEOD USA - PHONE BILLS $214.16 285347 $42 95 285347 $23 80 285347 $3945 285347 $5552 285347 $499.70 285347 $875.58 Phone Service Phone Service Phone Service Phone Service Phone Service Phone Service J Paid''dhk«'68i668 '6/13/2665 MEOICA Q 101 -21706 Hospitelization/Medicel Ins G 101 -15998 Non-Employee Health Ins E 10142110-135 City Benefit Contribution G 101-21706 Hospitaiization/Medtcal Ins G 101-15998 Non-Empioyee Health Ins G 101 -21706 Hospttalization/Mediral Ins C 101-21706 HospitaUzation/Medicallns ToUl MEDICA $10,623 82 105152102552 Medica High $1,175.12 105152102552 Medica High $374.75 105152102552 Medica High $1,760.70 105152122585 Medica Low $731 11 105152125488 Medica Elect $10,992.99 105152125488 Medica Elect $731 11 105152134225 Medica Essentials $26 389 60 Pad Chk# 081069 6/. 3^005 *' MET COUNCiL ‘ENVIRONMENTAL SVCS E 60149400441 Licenses & Taxes $425 00 798813 ToUl MET COUNCIL ENVIRONMENTAL 8VCS $425 00 2005 tnd Discharge Permit PadChk# 08ib70” 6/13/2005 MEYERS OUTDOOR SERVICES E 10145200404 Repairs/Maint-Bldgs/Grounds ToUl MEYER'S OUTDOOR SERVICES %2,QQQ 0Q May Mowing PildChk# 081071 ti\zhOQS E 101-43000-224 Street Maint Matenals/Suppty ToUl MIDWEST ASPHALT $726 52 73002MB Patch $726 52 Pad'Chki 081072 6/13/2005 MIDWEST FUELS E 10143000-212 Motor Fuels S Lubncants $1.171 85 25974 647 5 Gals Dtesei CITY OF ORONO 06/10/05 9:11AM Page? Check Detail Register© G101-14101 GttoliM Inventoiy Total MIDWEST FUELS $5,225.65 PaHj*Chki"dS107y“''e/ia«005 "l«INNET6WKA PORTAi^ E 101-43000-224 SlfOOt MainL Maltrtate/Supply $1,520.00 5/25/05 ToUl MINNETONKA PORTABLE DREDGING $1,520 00 Crushed Rock - Big island Paid'Chki 061074 (WT3/2b05 ' MN DEPT OF COMMERCE E 602-49450-201 OflicasuppliM ToUl MN DEPT OF COMMERCE $M 00 Gappa $40 00 Notary Commission - Gappa Paid'Chki ■b8ftT5 ' ”6/'l 3^''mn^^^^ E 601-49400-441 Licanaas 4 Taxes $100 00 27170000304 Right to Know Fees E 601-49400-441 Licansas S Taxes $10000 27170000404 Right to Know Fees E 101-43000-441 Uoansas S Taxes __27170000604 Rght to Know Fees Total MN DEPT OF PUBLIC SAFETY $225.00 Paid Cliki 081676 ....Vi W665 “ "NATION^ E 601-49400-405 RapaIrs/Maint-Watarmains/plant $535 25 2373196 Hydrant Parts Total NATIONAL WATERWORKS Paid Chki O/iWOM* “NCPERrOROOP UFE INS 0101-21710 Ufa Insurance $535.25 Total NCPER8 GROUP UFE HIS 6/1^005 $304 00 6732605 1304 00 PERA Ue-6'2005 PiSTClSaMI078 6/13/2005 NEXTEL COMMUNICATIONS E 101-42110-321 Ttiwphoee _ 509573311-04 Police Cell Phones Total NEXTEL COMMUNICATIONS ^ $677 07 Paid'5hhi 081 0?S 6l 3/2005 NORLING’S E 101-45200-404 Repain/Malnt-Bldgt/Groundt E 101-45200-404 Repairt/Maint-Bldgi/Groundt E 101-45200-404 Repairs/Maint-Bldot/Grounds Total NORUNG'S $3.700 00 20119 $1.767 50 20119 $1,035.00 20130 $6.502 50 Arbofvit&e - Navarre Park Arborvitae - Navarre Park Landscape Mamt - Navarre ‘PidCwA'061060 6/13/2005 NORTHERN • HSBC E 101-43000-221 Equipment Parts & Accessories Total NORTHERN-HSBC $65 93 5/10/05 $6593 Straps. Tarps Paid Chk« 06i081 ^ 6/13/2005 ’ ncySuluVANS HOUOAY M7 E 101-42110-402 Rapairs/Maint-Auto Equip E 101-42110-402 Rtpairs/Maint-Auto Equip Total 0 ‘SULLIVANS HOLIDAY S47 $17.56 4/30/05 $152 24 4/30/05 $169.62 April 2005 Squad Washes April 2005 Squad Washes Paid 6 ‘nki 681682 6/13/2005 OBRIEN, RANDY E 101-43000-226 Clothing S personal aquipmant Total OBRIEN, RANDY $12 00 1M4/0S $12 00 Add 2005 Boot Allowance flidCniTa 061083 6/13/2005 OCCUPATIONAL MEDICINE CONS LTD E 101-43000-489 Other MisceNsnaout Charges $80 00 11522 E 101-42110-319 Other Profeasionsi Services 5170 00 8884 Total OCCUPATIONAL MEDICINE CONS LTD $250 00 Heo B Vac - Faschmg Hep A, B Vac-Toewe Paid Chki 061064 6/13/2065 OFFICE DEPOT E 101-41900-23) Offict SuppMS E 101-42110-201 omca supplies E101-41900-201 Office supphos $107 19 289662703 $107 19 2896627C3 $11514 290616652 OfT'ce Supplies Offce Supplies Office Supplies CITY OF ORONO 06/10/05 9:11 AM Pages *Check Detail Register® JUNE 2005 ■*/ Cheek Ainl Invoice Comment E 101-41000-201 Office suppliei Total OFFICEDEPOT $115.14 290616652 Office Supplies $444 66 Paid Chk« 0S1 065 6/13/2005 ORONO ROTARY E101-4211CM33 Membenhlpt & Subscriptions Total ORONO ROTARY $139 00 80 2nd Qtr 2005 Rotary Fees $139.00 Paid Chk# 061066 6/13/2005 OTTEN BROTHERS E 601-49400-223 Bldg/Groufids Maint Supplies Total OTTEN BROTHERS MO 74 368322 $40.74 ' Sod • Fagemes Curb Stop 081M7 ~8/13000S PAINT^:iOT E 101-4300(M08 Contracttd StrMt Maint. Tout PAINT-A-LOT $2.01000 1017 '$2,01000 Restripe Lots/Crosswoiks Paid ChM Oitoss 6/13/2005 PERCY'S TRUCK REPAIR E 131-43000-222 Vahida Equipmant 6 Parts Total PERRrS TRUCK REPAIR $31 95 30666 $31.95' Spring Assembly Paid CnM 061069 6/13/2005 PETTIT, SANDRA K. E 10M1500>331 Traval Expanses E 101-41500^37 Training 6 Davalopmant E 602-49490-331 Traval Expanses E 802-4945(M37 Training 6 Davalopmant E 601.49400-437 Training 6 Davalopmant Total PETTIT, SANDRA K. Paid ChwiT&idso ‘ "“s/TvSoSs p S nS er Q 601-^6300 Fixed Aaset-Other improvements E 601-49430-352 Printing A Publishing Total PIONEER $10.13 $31 98 $2 84 $13.57 $13.57 5/31/05 5/31/05 5/31/05 5/31/05 5/31/05 Mileage - Bank Mileage - Training Mileage - UB Bills Mileage • Training Mileage - Training $7209 $119.40 51405 $597.00 5705 $716740' Bids - Navarre Water 2004 Drlr9ung Water Report Paid Chk# 081091 6/13/2005 PIRTEK E 101-43000-221 Equipment Parts & Accessories _ Total PIRTEK J1£5.55 28023 $14555 Hydmuncs - Sweeper Paid Chki 061092 6/13/2005 PRAIRIE OFF SET E 602-49450-201 Office suppkts E 101-41900-201 Office supplits E 601-49400-201 Office supplies Total PRAIRIE OFFSET 6/13/2065 ’"mTRIE RESIOIU^^^^^ INC. ..... $193 78 95004 5193.76 $63 91 121968 $16502 121966 $63 92 121966 $29265 Business Cards, Letterhead Business Cards, Letterhead Business Cards. Letterhead Paid Chki 081093 E 101-45200-404 Rtpairt/Mainl-Bldgs/Grounda ToUi PRAIRIE RESTORATIONS INC. Spring Maint - Fr Creek Pk Paid ChM 061094 6/1 3/200S QUALITY FLOtW SYSTEMS INC. E 602-49450-406 R#pairtA4alnt-Swr Nnts/IAa _ $1,516 1J 15450 Total QUALITY FLOW SYSTEMS INC. “$1.5l615* Parts • LS #26 Paid Chit# 061095 6/13/2005 QWEST E 613-49630-321 Ttltphona Total QWEST $61 31 9524739904 $6131 Phone Service - GC Paid Chki 061096 ' ^'^13/2005 REED VENDING E 61 3-49900-C93 Concessiona For Rtsale-Txbl $103 20 4525 Concessions for Resale CITY OF ORONO 06/10/05 911AM Page 9 *Check Detail Register® JUNE 2005 Check Amt Invoice Conunentonjgn^ Total REED VENDING ‘HiTChk# ' 6/1372005 E 613-40630-221 Equipment Parts 6 Accessories $10320 E 613-49630-221 Equipment Parts 6 Accessories E 613-49900-093 Concessions For Resale-Txbl E 613-49900-092 Soft Drinks For Resale Total RICKS SUPERVALUE $11.06 $853 $16.35 $16.87 $5281 4/26A)5 5/19/05 5/25A)5 6/1/05 Club house Supplies Ice. Napkins Condiments Soda for Resale (Slid Cliiii' 081*098 " 6/13/2005 "''ROOT^'jHATIC E 602-49450-406 Repairs/Maint-Swr lines/lifts Total ROOT-O-MATIC $358.00 $358 00 4104M Main! 2505 Ounwoody Paid Chk# 081099 6/13/2005 SAFETY SIGNS E 602-49450-226 Clothing 6 personal equipment Tout SAFETY SIGNS $3952 $'39 sf 50425 Safety Vest Piw'dhW OSiVoO ■ *6/13«b05" SAMARITAN tTr E CO^NC E 101-42110-402 Repeirs/Maint-Auto Equip Total SAMARITAN TIRE CO INC $14988 $149.88 239258 Tires >aid Chk# 0811*6^ 6/1 :^005 SBC PACING E 101-42110-321 Telephone Total SBC PAGING $21.05 $27.05 ; • I • I 9202610 Police Pagers Paid Chk# 081102 6/13/2005 8CHARBER S SONS E 101-43000-224 Street Main! Matedals/Supply ToUl SCHAR8ERI.SONS $25.JJ V2V11 2046276 Bar Oil >aiTdhk# 081103 '^ 6/13/2005 8KREEN, DALE E 602-49450-437 Training 6 Development Total 8KREEN.DALE Paid Chk# 061104 ’ 6/13/2005" ‘SPlNOUERi aiARY*^ E 651-49910-513 Easements 6 Rights of WPy $30 00 $30.00 5/25/05 Meals - Electncaf School >• . • m Total SPINOLER, GARY t^aid'Chk# 081105 6/13/2005 SPRING PAR k Tc Wof' R 231-35610 Drug Forfeitures $1.600 00 $7^.00 6/7/05 Spindle Easment-Bidr Pk (Birch R 231-35610 Drug Forfeitures Total SPRING PARK. CITY OF $930 00 $300.00 05-0435 6/9A)5 Hackbarth Forfeiture Henderson Forfeiture $1.230 00 $155 86 $155 88 5/26/05 Paid Chk# 081106 6/13/2005 STEFFENHAGEN. RON E 613-49900-095 Pro Shop Items For Resale ToUl STEFFENHAGEN. RON PaidChk# 641107 * 6/13/2005 STRINGER BUSINESS SYSTEMS ’ E 101-42110-201 Office supplies $151 95 1109690 Total STRINGER BUSINESS SYSTEMS $151 95 Baits for resale Toner - PD Fax Paid Chk# 081108 6/13/2005 THE NOME DEraT E 601-49400-227 UtiUty System Maini Supplies E 601-49400-227 Utility System Mamt SuppSes Total THE HOME DEPOT $1913 Ml 91 S6V04" 4/19/05 Fagemess Mam Break 4/20/05 Fagerness Mam Break Pad Chk#‘08l109 6/13/2005 ‘THOMSON WEST E 101-42110-201 Office suppkes $91 59 5030661822 MNCrimnllUd CITY OF ORONO *Check Detail Register® 06/10/05 911AM Page 10 JUNE 2005 CIttek Amt Invoica Comment Tolel THOMSON WEST S91.S9 Paid Chk# 081110 6/13Q005 TWIN CITY OARAOE OOOR CO. E 101*42110-221 Equipment Paita 8 Accestories ___ 897.99 237376 Total TWIN CITY OARAOE OOOR CO. S97.M Transmlttere 6/13/2005 UNIFORMS UNUMITEOPM Chk# 061111 E 101-42110-226 Clothirrg S personaJ equipment E 101-42110-226 Clolhino S personal equipment Tout UNIFORMS UNLIMITED $549.70 272183 I106J^ 272950 ’$656.13" Unifonnt - Comidc Uniforms - Schoenhoff Paid Chk# 061112 6/13/2005 UNITED STATES POSTAL SERVICE E 101-41900-322 PoMago $2.000 00 6/9/05 Total UNITEO STATES POSTAL 8ERVCE ' "$2,000.00 Postage for Meter PM^hk#*'061113*'" 6/13^5 UNIVERSITY OF MINNESOTA E 101-42400-437 Training S Development Total UNIVERSITY Of MINNESOTA $250 00 Gibbs $250.00” Hands on Inspection Paid Chk# 061114 6/13/2005 VALLEY-RICH CO E 601-49400-405 Repairs/Maint-Watermains/tlant E 601-49400-405 Repalrs/Makit-Watermains/ptant Tout VALLEY-RICH CO $419 00 9472 $204 00 9485 $623.00 Curb Stop - 3605 North Shore Curb Stop 1740 Shadywood ?aidCl^^d61lT5 "6/13/2005 VERIZON WIRELESV E101-41900-321 Telephone Total VERIZONVMRELESS $128.67 3609105891 $12867 Cell Phones ^ai Chk#“ OSfl 16 *' 6/13/2005 WUXTE, TONY ' ^ E 101-42110-437 Training A Development Total 1NHITE.TONY $43 20 5/6A)5 $43.20 Meals. Parking • Street Crimes IMM . •'r • . A e> Paid Chki 061117 6/13/2005 WRK3HT HENNEPIN ELECTRIC E 101-43000-381 GaiA Electric 830 87 3113009200 E 602-49450-381 Gaa 8 Electric 822 87 3113009200 E 101-43000-381 Gas 8 Electric 817.90 5015782900 Total WRIGHT HENNEPIN ELECTRIC Electrical Service Electrical Service Electrical Service 871.64 Paid ChM 081118 6/13/2005 XCEL ENERGY E 613-49830-381 Gas A Electric $409.68 516985570-1Electrical Service E 101-42110-381Gas A Electric $12 59 516985570-1 Electrical Service E 602-49450-361 Gas A Electric $1,623.70 516985570-1 Electrical Service E 601-49400-381 Gas A Electnc $3.18164 516985570-1Electrical Service E 101-43000-386Street Lighting $1,854 47 516985570-1Electrical Service E 101-41900-381Gas A Electric S1.365 03 516985570-1Electrical Service E 101-42110-381Gu A Electric $560 07 516985570-1Electrical Service E 101-43000-381Gas A Electric $31054 516985570-1 Eiectncal Service E 101-45200-381Gas A Electric $23 15 516985570-1 Electrical Service E 101-42260-381Gas A Electnc $^13 516985570-1 Electrical Service TeUi XCEL ENERGY $9.^9 00 10100 PrimaryCash $177,692 53 i.I CITY OF ORONO 06/10/05 9:11 AM Page 11 *Check Detail Register® JUNE 2006 Chtcit AiK tnvote* Cowmfit Fund Summary 101 GENERAL FUND 227IMPR/EQUIP CAPITAL OUTLAY FUND 231 ORUO/FELONY FORFEITURE FUND 601 MATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 691 STORM WATER UTIUTY OP FUND 10100 PritiMiyCuh 6119,285.40 $40,896.24 $1,693.20 $11,695.98 $4,905 90 $1,256.21 $1,600.00 $177,692.53 >■ mm. I i i I Chtek Number Employee Name MOOASE, RONALD J. SILUS. BARBARA Q. VEE. LINDA S KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L. BOBZIEN. SUE A BORIS. SCOTT W BUOIG. STACIE M. CORNICK. JAMES L. DAY. SUSAN J. DEMSOUSKI. JAY C. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. MCNICHOLS. DAVID L. RUSSETH. KYLE M. SCHOENHOFF. JOHN B. STENSRUO. CHAO R. TOEWE. KIMBERLY 0. TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. KUSZCZ. OAVIOA. PHARO. CHRISTOPHER M CURTIS. MELANIE GAFFRON. MICHAEL P GAPPA. GREGORY A. GIBBS. WILLIAM R. GUNOLACH. JANICE J. MEYER, WILLIAM C OMAN. LYLE E. OEBAERE. DONALD L. FASCHING. GREGORY P. HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN RANDY L PALMER. GREGORY A RATHBUN BARRY J OOOGE. RACHEL M. LESKINEN. DENISE M. BOBZIEN SUE A BORIS. SCOTT W. ERICKSON KURT R FARNIOK. CORREY L FISCHENICH. DAN T MAOSON. ADRIENNE M MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R TOMCHECK. LAWRENCE F GAFFRON. MICHAEL P OMAN LYLE E VANG. BRUCE L. GREGORY JAMES 0 HANSEN. STEVEN OBRIEN RANDY L PALMER. GREGORY A 004349 004390 004391 004392 004393 004394 004399 004396 004397 004396 004399 004360 004361 004362 004363 004364 004369 004366 004367 0C4366 004369 004370 004371 004372 004373 004374 004379 004376 004377 004378 004379 004360 004381 004362 004363 004364 004369 004368 004367 004388 059063 099064 099069 099066 059067 055068 099069 055070 055071 095072 059073 099074 059075 055076 099077 059078 055079 059060 099061 Pay Period 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 CITY OF ORONO check register Check Amount Check Date Check Status 11 $2,369.44 5/25/2005 Outstanding 11 $560.15 5/25/2005 Outstanding 11 $1,110.43 5/25/2005 OutsUnding 11 $1,400.16 5/25/2005 Outstanding 11 $1,231.14 5/25/2005 Outolanding 11 $1,094.24 5/25/2005 Outstanding 11 $1,644.92 5/25/2005 Outstanding 11 $655.00 5/25/2005 Outstanding 11 $20.00 5/25/2005 Outstanding 11 $66362 5/25/2005 Outstanding 11 $1,552.77 5/25/2005 OutsUnding 11 $1,414.01 5767005 Outstanding 11 $1.692 36 5757005 Outstanding 11 $1.599 33 575/2005 Outstanding 11 $2,00260 5757005 Outstanding 11 $1.100 00 5757005 Outstanding 11 $1.432 91 5757005 Outstanding 11 $1,629.32 5757005 Outstanding 11 $1.22425 5757005 Outstanding 11 $1.204 26 5757005 Outstanding 11 $900.00 s/25/2005 OutsUnding 11 $1,469.00 S/2S/200S Outstanding 11 $1,357.10 5/2S/200S OutsUnding 11 $1,458.43 5/25/2005 OutsUnding 11 $606 06 SA2S/2005 OuUUnding 11 $927 95 S/2S/200S Outstanding 11 $1,163.05 5757005 Outstanding 11 $12500 575/2005 Outstanding 11 $1,761.37 5757005 Outstanding 11 $671.99 5/257005 Outstanding 11 $1,302.57 5757005 Outstanding 11 $562.00 5757005 Outstanding 11 $1,400.00 575/2005 Outstanding 11 $1,286 76 5757005 Outstanding 11 $1.095 98 575/2005 Outstanding 11 $675 00 5/25/2005 Outstanding 11 $1,435.53 5757005 Outstanding 11 $550 00 5/25/2005 Outstanding 11 $400 00 5/25/2005 Outstanding $200 00 $1,069 89 $939 00 $66 67 $1.536 06 $1,647 12 $1.690 86 $1,616^6 $937 98 $63164 $1 749 53 $751 66 $480 56 $1.436 95 $356 78 $1,365 06 $1.317 93 $255 96 $447.15 $751.16 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 5^75/2005 OutstandH^ 575/2005 Outstanding 5/25/2005 Outstanding 5/25/2005 Outstanding 575/2005 Ou*8tanding 575/2005 Ouistanding 575/2005 Ou:standmg 575/2005 Outstanding 5757005 Outstanding 575/2005 Outstanding 5/25/2005 Outstanding 06/10/05 8:20 AM Page 1 \I r CITY OF ORONO ch«ck register 06/1(V09a20AM Page 2 ClMCll Pay Check Check Number Employee Name Period Amount Date Check Statue 05S062 RATHBUN. BARRY J.11 11.456 27 5/25/2005 Outstanding OM063 SKREEN. DALES.11 11.132.29 5/25/2005 Outstanding 055084 JENSEN. ROONEY W.11 1228 45 5/25/2005 Outstanding 055065 MCINTYRE. VMLLIAM E 11 8235.73 S/25/2005 Outstanding 055016 PEICKERT. OARYJ.11 1211.94 5/25/2005 OutsUnding 055067 ROSS. JOHN A.11 1198.01 5/25/2005 Outstanding 055066 SMYTH, KATHERINE R.11 169.16 5/25/2005 Outstanding 055060 STEFFENHAOEN. RONALD 11 $1.409 23 5/25/2005 Outstanding 0S90M STORK, JOHN T.11 $196.44 170.112.30 5/25/2005 Outstanding m .Is ' « ■ ■‘'fs,',-’ I V . wPKO'aL I • CITY OF ORONO 05/25/05 1:4t PM Pag* 1 Check Detail Register© MAY 2005 Ch«ck Amt Invote* Conuwnt 10100 PH«n*fy C**h__________________ ftW 5hWT oSiOOr 5«5200rn'IR8r1AT10NAL BANK OF LAKES 0101-21701 F*0*f*IWi»hol*ng 110.274.04 0 101-21703 FICAT**Wllhho»ing $4.806 37 0 101-21703 FICA Ta« VBthhoMIng __$4.806 37 Total FWST NATIONAL BANK OF LAKES $19,686.78 FEDERAL W/H FICA S MEDICARE W/H FICA & MEDCR CITY SHARE ftwcw5'08l602 sSSOOOS ICMA RETIREMENT TRUST - 467 0101-21705 0«l*f R*tif*«tanl . TOM ICMA RETIREMENT TRUST -487 $1.038 62 PaidChiii^lVSS' DEFERRED COMP-302030 “smmSi LAW ENFORCMENT~LABOR SERVICE O 101-21707 Unloo Du** ___ Total LAW ENFORCMBNT LABOR SERVICE $718.52 UNION DUES «40 & 8168 Piid'cWtjr 081004 W5«d08*"*MN DEPT OF REVENUE 0 101-21702 SiataWilWioWIng Total MN DEPT OF REVENUE $4,363.14 STATE TAX W/H PMChita 0S1005 inSiiSoS mn state retirement system 0101-21718 PoalEmpteymonlHoalth . Total MN STATE RETIREMENT SYSTEM $310.77 IpiwChhi'^roSO ®28«005 ififiOlwiiOE'RET^ 0101-21705 Ollior R*llri«n*fll $2,055.00 0 101-21705 OOt*rR*»*fn*nl $98 70 post ratlrament USCM - ENTITY 2339 OBRAf2343 Total NATONWIOERETSIEMENT SOLUTION $2.153 70 ■piarSharSsTSST----SiSHSS oS orchard trust CO. TRUSTEEWUST 0101-21706 Oth*f R*tir*m*m $3.032 68 Total ORCHARD TRUST CO. TRUSTEE/CUST MN STATE RETIREMENT $3,032.68 PaW'cfiwroSIOOil 5/25/2005 PUiuC EWIOYE^^ O 101-21704 PERA $7,464.76 0101-21704 PERA _ Total PUBLIC EMPLOYEES RETIREMENT $13.253 74 piw VhhF* dSIOOS PERA CITY SHARE PERA EMPLOYEE W/H iiiMOm UNITED WAY 0 101-21708 UfiHadWay Total UNITED WAY 10100 Primary Cash $6600 $86 00 CHARITY DONATIONS $44.843 95 Fund Summary 101 GENERAL FUND 10100 Primary Cash $44,643 95 $44,843 95 I j Check Number Employee Name 004389 004390 004391 004392 004393 004394 004395 004396 004397 004398 004399 004400 004401 004402 004403 004404 004405 004406 004407 004408 004409 004410 004411 004412 004413 004414 004415 004416 004417 004418 004419 004420 004421 004422 004423 004424 004425 004426 004427 004428 055091 055092 055093 055094 055095 055096 055097 055098 055099 055100 055101 055102 055103 055104 055105 055106 055107 055108 055109 MOORSE. RONALD J. SILUS, BARBARA G. VEE. LINDA S. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT, SANDRA K. ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M CORNICK. JAMES L DAY. SUSAN J. OEMBOUSKI, JAY C FISCHER. CHRISTOPHER K GOOD. STEPHANY R. MCNICHOLS. DAVID L RUSSETH. KYLE M. SCHOENHOFF. JOHN B STENSRUD. CHAO R TOEWE. KIMBERLY 0 TOMCHECK. LAWRENCE F. TOMCZYK. MARK W WHITE. ANTHONY J. WITTKE. ANTHONY A. KLISZCZ. DAVID A PHARO. CHRISTOPHER M CURTIS. MELANIE GAFFRON, MICHAEL P. GAPPA. GREGORY A. GIBBS. WILLIAM R. GUNDLACH. JANICE J. MEYER. WILLIAM C OMAN. LYLE E DEBAERE. DONALD L FASCHING. GREGORY P HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A RATHBUN BARRY J DODGE. RACHEL M. LESKINEN. DENISE M BOBZIEN. SUE A BORIS. SCOTT W ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T MAOSON ADRIENNE M. MCNICHOLS. DAVID L MOROWCZYNSKI JAMES PERSELL. WILLIAM R TOMCHECK LAWRENCE F GAFFRON. MICHAEL P OMAN. LYLE E. VANG BRUCE L GREGORY. JAMES 0 HANSEN STEVEN OBRIEN RANDY L PALMER GREGORY A CITY OF ORONO check register Pay Check Check Period Amount Date Check Status 12 S2.3S9.44 6/8/2005 OuUlanding 12 $583.08 6/8/2005 Outstanding 12 $1.11043 6/8/2005 Outstanding 12 $1,409.18 6/8/2005 Outstanding 12 $1,231.14 6/8/2005 Outstanding 12 $1,094.24 6/8/2005 Outstanding 12 $1,812.94 6/8/2005 Outstanding 12 $855.00 6/8/2005 Outstanding 12 $20 00 6/8/2005 Outstanding 12 $989.45 6/6/2005 Outstanding 12 $2.329 74 6/8/2005 Outstanding 12 $1,649.46 6/8/2005 OutsUnding 12 $2.03074 6/8/2005 Outstanding 12 $2,162.89 6/8/2005 Outstanding 12 $2,002.80 6/8/2005 Outstanding 12 $1,100.00 6/8/2005 Outstanding 12 $1.71282 6/6/2005 Outstanding 12 $1.748 28 6/8/2005 Outstanding 12 $1.288 92 6/8/2005 Outstanding 12 $1,351 86 6/8/2005 Outstanding 12 $900.00 6/8/2005 Outstanding 12 $1.553 30 6/8/2005 OuUtanding 12 $1,301 30 6/8/2005 Outstanding 12 $1,458.43 6/8/2005 Outstanding 12 $165.15 6/8/2005 Outstanding ^2 $927 95 6/8/2005 Outstanding 12 $1.18305 6/8/2005 OutsUnding 12 $12500 6/8/2005 OuUtanding 12 $1.820 42 6/8/2005 Outstanding 12 $1,164.88 6/8/2005 OuUtanding 12 $1,302.57 6/8/2005 OuUtanding 12 $543 44 6/8/2005 OuUtanding 12 $1,400.00 6/8/2005 OutsUnding 12 $1,288.78 6/8/2005 OuUtanding 12 $1,014.59 6/8/2005 Outstanding 12 $875.00 6/8/2005 Outstanding 12 $1.798 59 6/8/2005 OutsUnding 12 $550.00 6/8/2005 OuUUndmg 12 $400 00 6/8/2005 OuUtanding 12 $200.00 6/8/20C5 Outstanding 12 $1,089.89 6/8/2005 OuUtanding 12 $939 00 6/8/2005 Outstanding 12 $68 67 6/8/2005 Outstanding 12 $2,066 51 6/8/2005 Outstanding 12 $1.70321 6/8/2005 Outstanding 12 $2.210 33 6/8/2005 Outstanding 12 $1.696 68 6/8/2005 Outstanding 12 $699 03 6/8/2005 Outstanding 12 $1.11253 6/8/2005 Outstanding 12 $1.749 53 6/8/2005 Outstanding 12 $630 64 6^*8/2005 Outstanding 12 $755.75 6/8/2005 Outstanding 12 $1,438 95 6/8/2005 Outstanding 12 $35678 6/8/20C5 OuUtanding 12 $1.385 08 6^8/2005 Outstanding 12 $1,202 97 6/8/2005 Outcianding 12 $479 84 6/8/2005 Outsuodmg 12 $447 15 6/8/2005 Outstanding 12 $751 16 6/8/2005 Outstanding 06/09/05 10:04 AM Page 1 9. J CITY OF ORONO check register Oa/09/DS 10 04 AM Page 2 Cheek Pay Chock Chock Number Empleyee Name Parted Amount Doto Chock SUtuo 055110 RATHBUN. BARRY J.12 11.163.64 6/8/2005 Outstanding 055111 SKREEN. DALE 8.12 $1,132.20 6/8/2005 Outstanding 055112 ABRAHAMSON.PREOW.12 $165.01 6/8/2005 OutsUnding 055113 VOID 12 $0,006^/2005 Void 055114 >Sz1III12 $261.60 6/8/2005 Outstanding 055115 MCINTYRE. WILLIAM E.12 $278 95 6/8/2005 Outstanding 055116 PEICKERT. GARY J.12 $340.54 6/8/2005 Outstanding 055117 ROSS. JOHN A.12 $174 60 6/8/2005 Outstanding 055118 VOID 12 $0 006/8/2005 Void 055119 SMYTH. KATHERINE R.12 $216 18 6/8/2005 Outstanding 055120 8TEFFENHAGEN. RONALD 12 $1.409 23 6/8/2005 Outstanding 055121 STORK, JOHN T.12 $133 58 6/8/2005 Outstanding $74,904.78 , ^ V. , i . ■ . ,/r>. / <|Ser -‘i-.- •; - . 'V '•> \r ':!e fr .■» 'SiI ■l ^-v: ;-v"';^ ^- v •: i . T<1 • - -'. A*- CITY OF ORONO 06/09/0S 1 57 PM Pagel *Check Detail Register® JUN6 200S ClMCk Amt Invoice Commont 10100 Primary CMh ___ _ _ ________ rtid Chki 080901 ^6/8«005 FIRST NATIONAL BANK OF LAKES 0101-21701 FtOaralMWiholdlng 0 101-21703 FICA Tax VMmholding 0101-21703 FICATaxWtthlMlding Total FIRST NATIONAL BANK OF LAKES $11,722.61 $4,900.42 ~$21,S41.4S FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE 1^Chii'080982 6«2dbir''~ICMARCTimMENTTRUST-4S7 0101-21705 OlhafRatifamam Total ICMA RETIREMENT TRUST-457 $1,18^62 DEFERRED COMP-302030 1*- aaw 1 -maPM Chki '080083 ’SVXM~ LAW ENFORCMENT LABOR SERVICE 0 101-21707 Union Ouaa _ $0 00 Total LAW ENFORCMENT LABOR SERVICE $0.00 UNION DUES «40 & #168 Pald^i«'d80984 elfW2005*'"‘MN DEPfOF REVENUE 0101-21702 Slaia Withholding $4,mi7 Total MNOCPT OF REVENUE $4,836.i7 Pa*dSMl80Mr ‘‘liJK^ MN STATE RETIRi^ 0101-21718 Poat Empteymant HaaRh $308.53 STATE TAX W/H poll retlramant Total MN STATE RETIREMENT SYSTEM $308 53 l^aU Chk#‘6809l8 SsSOM ^lA’fidNWrdE 0101-21700 Other Rahramanl $2,005.00 0101-21705 Other RaUramant $135.60 Tout NAT10NWIOERETIREMCNT SOLUTION ' $2,140.60 USCM - ENTITY 2339 OBRA#2343 'Paid Chki 080987 6/8/2005 ORCHARD TRUST CO. TRUSTEE/CUST 0101-21709 Other Ratiramant $3,032.68 Total ORCHARD TRUST CO. TRUSTEE/CUST $3,032.68 MN STATE RETIREMENT PM ChM OeOM''* W8^S '" public EMPLOYEES RETIREMENT 0101-21704 PERA $8,041.81 0101-21704 PERA M.180 99 Total PUBLIC EMPLOYEES RETIREMENT $14,222 80 PERA CITY SHARE PERA EMPLOYEE W/H Paid Chk#'080989 ' 6W2005 UNITED WAY 0 101*21708 Un«adWay Total UNITED WAY $86 00 $86 00 CHARITY DONATIONS 10100 Primary Caah $47.356 85 Fund SuiTwnary 101 OENERAL FUND 10100 Primary Cash $47,356.85 $47,356.85 ■f 'H .•'. ••% •infobma ^tion ITEMS • ■ COUNCIL MEETING W'*' r.O'»*c^lNG JUN 1 3 2005 OF CITY OF OP.ONO * « •y. m L L Vi . .‘ # m 27AppUcatioii for « / CitiiCB Advisory Commbsion C/ry CMHalnlM v^plytat F*r:r~l Pluming Commissioo B^Puka, Open Spue and Trails Commission Q Lake Minnetonka Conservation District (LMCD) n Community Task Force (Name)___________ Name: ^iu«^ Adirtm: CiHr le __________ Past Oiltee O Zm Cade; /^QCjnJ^ l'1/J S>~~*r^3^V «(H) (W) lU 1 E>MaN Addreai: fi ?«v nn /v ^tr\c n / t*'««\ResldeMt rfOrono; years Work Eap erieace! ^ ^ I |W C, fir ]2U 7/i»j Tzxc C urrr<c\ TNiVi jrOrr Cit\C iVi «:<w «. r C\ri^^ / »>W. /j5 £l6th'iC*\l CI<u,\lI Sh*f^ Lln\]/. 'Lf^\tr- r\C\%t V\C\, *\Ci.1 ^ >4n i>»^ > i. ^y* CIvfc and Va lMtecr AcOvOlet (paat and preaeat); 27S0 Kdky Paikway. P.O. Box M, Oysid Bsy. MN SS323 e52-24M400/Fax: 952-249^16/www.ci.araM.M.iu FI mm stall yMrmsvn for waattagtoMrire OB tUiCoBainieD. ^I omo be as spccifk as pasiMe. Uw adMIaBal sheet If Btctssary.) X K ax/^ Li /V> A__ A kJ > Or0i\n ‘s Hiv/uI'a/ jy'c ^c\tx^ ntvfvifct I lA ^ Comiv>UtMjC Cv'I'/^A » /? /VyilKw 'Ciih. CU'^cl ^ What Is yoBr vkw of the rale of Ae CoaabsloB? To Pro It^c't} Pro It'd ^rut^o tJ lA^uw i.^cce5Se^ fnv" L> f€ Ck vno^s t>> A 3. /j, cl H Zt'fxs . t .''i other CaauBeBts: (Use this s pa ee a iaclBde aay farther tolarasatiaB yaa weald Mho the City CaaaeU a aasidrr, ar that yaa fad Is relevaata the appatataeat yaa aa seekiai. Yaa aay alsa attach ather aatcrlab yaa waaM Hke the Caaacll ta coasMer.) {oh\S of 0t '0 »'vo ci^<J iiLilki! tK \\\ V\ he f^c^rF /rvc AWl 4^^ I aadersaad this appolataieat aay be dlscassed at a pabic aeetlag. s- Dale •*N0TE: Vaiaataer caaaMaa aeBber*s aaae, atMress aad phaacBaaber wUI becaae paMk lafhraMtlaa. 2730 Kctky Ntkw^. P.O. Box 66, Ciyaal Bay. MN 33323 nwoc; 933-24M600/FU: 932-24M016/www.ci.gn»oja.a r t7Hliy-tNI tt:IM T-llt P.OOI/002 F-1II '' >x Application for Citizen Advliory Commission • hi H iM ^ UvCdBuninioii ApplyiagFort Q PlamingO Pvks, Open Space and Tiails Commisnoa n like Mumetonkt Conservation District (LMCD) Q Community Task Force (Name) I Ihtii C __________Name: tlUHl) tAVtt, U-W^Address:_________ PostOflleeAZipCode: TelspkoM: (H)(W)\»^\ ^\e Rcsidcat of Orono:\years Work Everiaacc: D-obo ~Vutfci4T-MK tcPtoeWr^TiJfe- Smattft It \£fACi~ ________ \Mi-- VCTHT't ttwii>K,«.niJc>.-MiiJ Kc><t*rMa/r Bf JtUMiCMC EdicatioB: b( - k it! >tunBJn<iti£iOgr itJ Cfvk aad Votaateer Actfvities (past and present): I ^ a I . ^ a ^ Bitvlfl >iWHlBl' ill!! Jfll'KTlIRS S: MTCblCMft-rtr iUMCiiy*U 151*2 'i i SS323 /fSK fS2*24l*46ie/www.cLoraae-iBLns ir-Hv-noi oitfiFc Pn T-U1 P.OOI/002 HU nciMiiate yowrraionforw«iti0t<*>**^<’B (PImm b« as s] poolblau UstaddMoul sheet if ■cccnaiy.) i - ^ 11 \ MlBViLh hU Tt >yl Tt»^ »/rm<ncV4tt) Tt K.g> 'iUuMC UL ttUetJ S>At£i^r>H- fnt famtC tfticinwnKic.. \ UumA\J *. ftmc uxiJ \ vitJMiKr<iTi » n utLiiut'it Tiwr hli'Pj iThiO^ fVhat is yo«r vietr of the role of the Cl I j •»♦ n I ^ •. 1 r» \i ItHtcNci W»w»tiC <ut- iTcN KA. W€>J <J>llrtR. WMY>VV-t<<^C BtfTMill*- nVPtt--n»jmR___________ other Comits; (Use this space to lochidcaByftulherioformatloBjoiifvooldllhe the Chy CoaacH to coMUer, or ttatyon feel Is rdevaatto tte appotetoeatyoo are scekhif. Yott nay ako attach otter oiatcrlato yoo woold like die CoucU to cohsMer.) \ Utt.i kp»fcut*Ki uluJit Twf tvlLU tJCuriffTluJU W-Uh T> MlP ftL kuiJv 1 laderstaai ttbhbapnfattMit l-Wr' t aay be ttscassed at a public Bicettif. i'} ■ iir 0«a I **NOTE; Volaateer coMaiiiiieB Member*! aaaM» address and phoaiaoaibcr wifl becoit pable iaiifaMeo. Kdky skw. fsa-S4a4eeo/ysK tsMse^ie/ ' Ii • Application for Citizen Advisory Commission RECEIVED JUN 0 8 2005 CITY OF ORONO CommissioB Applying For:Q Planning Conunission f/I Parks, Open Space and Trails Commission r~l Lake Minnetonka Conservation District (LMCD) r~l Community Task Force (Name)___________ Name: i ^c: (y> ih & Vy Cr Address: Va Post Office & Zip Code: Telephone: (H) _____ E-Mail Address: (W) Resident of Orono: ( years Work Experience: ( C5/-U Q h ^?\^ ^. ~ --- ^ ^ - V Edacation: k\ I yj C\f\ f</ C7/LiAiin tl'. eel I C t VA ^ C^C-V^. «*C Civic and Volunteer Actiyitiee (past and present): t /H f t./1 /> Lt ri r-V.t <-./ * >yfX y* C •*<. . I e Cl ♦ lAkT wx-4 i a A «J t-’ V hv «.Cl ^—*w. ♦ VjL 4fv ^ k C AAi V.-'" - /Oii*ir* 2750 Kelley Parkway, P.O. Box 66. Crystal Bay. MN 55323 Phone' S52»24a-4600 / F»»' <>S7.^40*4616 / wwwri nmnn «w< •«« i ftease state your reasous for wautins to serve on this Commission. (Please be as specific as possible. Use additional sheet if necessary.) Wi# r;r.v5i rm.iA ^ in />ic/ in^f'h 4?#.^ f /JCi^ . OY fC'/Xy ^/kU^ LfCc Clift § k^y 1f O £ LV0J. ^Kl tr^ k fz ^ 1^ €^£ / ' / • ihiy7f 4ca*/ir, / i-iu yl/ir/L ^ jTf<'^\±L fslu *. A U in. cp<^^riL t- ■ />g / (i.4'4 ni crt )l^iAusJ \ C|fijj>y ^'Vii ^ C^W/cfX^e /e- /K aVU: What is your view of the role of the Commission? V £iL CgL i^i\Vv\Ulli n aV /<■ CVS- CiA VUCJi'c tj ^ l^fi^ Csruliilf^f W 9 ^ ^ iMt C^Ji H rM 4/it^lfr. . 1 UlV <4^ t‘i ^t/-i V-Cu (•7 Other Comments: (Use this space to Include any further information you would like the Cit}' Council to consider, or that yon feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I understand this appobtment may be discussed at a public meeting. Ck ■C»>^ J-- Signature r i t ''I’Lfi..■’c< •> Hate **NOTE: Volunteer commission member’s name, address and phoncnumber will become public informatiott. k 2750 Kelley PartAiy, P.O. Box 66, Crystal Bay, MN 55323 Phone: 052-249.4603 / Fax: 952-249-4616 / www ci orono mn «w RightFax 6/8/200S 3:43 PAOE 2/3 RlghtFaiX *• I • % AppikillQii fnr Cttiiai Advlfory Comi [3 Mo^ 0|nb Ipm aid IMb OonmlMlen □ Uk0 □ O oflka CoaMralioa DiAkt ^ ’TiikP—Oi—l ) ^' RtahMlKiOMMrlnflM| fldtpiiBiii MOMmAS^CM k Mi|4«W«ln.MN jMaag W2-4784126 cm ■tt«aB5<no Did«inan€aal.eom '^iua a In. OvIiMdVt RlShtFax 6/8/200S 3 <43 PAGE 3/3 RlghtFax !iL'' Jb. Mittli Orantf fMita prqpwn* at nrinduM parts ^■onsWWyda#4lQ8id1orriora*BonilaBtti4llaa.andolhaf»iftlnanplurilorasnl naiuwl undawlopad alrta. i wpuklllliateaweouiagaaadartpandrtsartapttew M fbr ttiB om of our pifkR Toadrtaalhamayprawdoounclonpaffcitiauaa. Toraaaarahandmokaraoommandatlona 11 I ^ TofllltrttaoowimadayaiddtotwMdyofirwaraii«a»<»«>iniHQ**>flW"»*M^ •moRi y<•aaoMkadii HTdiAna r ife Park Applications from June, 2004 -•••■ V : •• r >■rvi^-'v r}:j..:-i,A-:.].r "v :‘V.r :: :;.N' ■•:' ■■■-■■■;■ ■■■■■ -■■• •'-■■■■'.'■UM■■'■»'i 'fc:: ; .v .--f! vv; ^3 ' • • : ■ : i -V\.-.N' .:v: .•. ,•;. •' 5 V •• APPLICATION FOR CITIZEN ADVISORY COMMISSION SiSCSiVI’D Mm:V;>'cr;v oi* c-nof'jc CITY of ORONO Municipal Onicca Street Mdrasi: . . 27S0 Kelley Partway Oroiw. MN SS3S6 Mailing Address: P.O. Boa 66 Crystal Bay. MN 65323-0066 Cominlsslon Applying For: Parks Commission □ Planning Commission □ Community Task Force (Name)_____________________ jjRHlam*Paul KePi? Address ItAan fAg-t: nraneh Road Poet Office &Zip Code Telephone (H) OS2-472-689Q IW)612.63^-8464 Resident of Orono _ years. Work Experience: Apprentice Journeyman and Master Plumber (1979-2000) ftonatruetton 'Pradea Tnanector Gitv of Minneapolis (200Q.present) Education: Cedar Palla Hi."h School Cedar Falls. Iowa iTntvarflit.v of nneao-i-a (continuing education credits) Civic and Volunteer Activities (past and present): nowiny ^ank- /nlunteer !..innatonk:a Cn.^.nunitv___( pa.St.; j*Ypp)p^^^ -a.V Parrca-hl '/nl nn-j-ppr (past) n-r-- ' nm H <->-y r-* 1 i g-----(ysarl^ Tdephone (6D) 473-7357 • FAX 473-0510 I i ^ : n • * Plaate state your reasons for wanting to serve on this Commission. {P/ease be as apaelffo «s possible. Use additional sheet If necessary.) Help maintain and develop existing nnd naw nark land^----Re a linl fc-, tn mv ftownmn^tv and listen to new ahnnt. nnr narVa. KnaurS — our ch<1rtT»en have a aafe rmy'fiiy*^ wg plp/»n -fn p~> °y ernm. What is your view of the role of the Commission? pnrf review hha f onmmjRsInn Bpri !=;-»;nrtv t.he eitufttion and oome harV r>Q/»nn»nittr>Hftr.ng for th» help make observations and suggestions seeking. You may also attach other materials _Ql!r_J!fllHil Y ^ rent-rall y 1r>re*oH ar«< nainp thft Omnn parlf S weekly* I Iwe seen personally what ” oner ran 1 watered ypy h.>1p < ao for thp plfiirnmiinrl pqillp.niftnl at the sx ^Aia^or nnmmnnfl.—Vf hflvp sat tonjether wat .rhine my Vida - play nn the eouln ment. tnaecaH tha -nu nni Sflt 1 ^ ^"RPtin-^ nn-i;4 .S "-age. maria me ask ravaal'^ ••/hat T f^n fni.rnmiD ‘-T- ~^y I understand this appoljdment may be discussed at a public meeting. S-J7-c ’V'/Mf •ignaxra Data ••NOTE; Volunteer commission member's name, address and phone number will become public Information. 040M«.a #» •i nil ■ eniftii other Comments Continuedi It has led me to the Orono Parks Commission. Vie enjoy the quality of life in Orono as a family. I would like to £ive back to the community by helping to preserve# maintain and develop the Orono Parks system. I would welcome the opportunity to be a voice for ray community and would gladly seek out others to gain •:he interests and ’oals of my neighbors with regard to the parks. I enjoy meeting new people. nMim ■ //oT o RECEIVED Application for 4, - «i fII Citizen Advisory Commission I*. • CIVYCFORONO CoBoiiiikMi Applyitg For:O Planning Commission (3 Parks, Open Space and Trails Commission Q Lake Minnetonka Conservation District (LMCD) n Community Task Force (Name)____________ Nose:r-r\cJ^ Address: 1^1^ Rom Oflke* zip Cade: -^■^'^‘^1 Tehpkeoe: (H) Z7rs' ,w) CZ-g.ii.-^<\-M E-Mail Address: Sc ResMeatofOroao: I 'It- years Work Eipericocc: EdacatloB: Civic aad Volaateer Activities (past aad prescat): TT**- 2730 Kcllsy Pwkway. P.O. Bm 66, Crystal Bay, MN 33323 Phone; 932-249-4600 / Fax: 932-249^16/www.ci.orono.mn us PIcMC ttate your msont for wauting to icrve on this Coaimission. (Please be as specific as possible. Use additioBal sheet if necessary.) u What is your view of the role of the Commission? Other Comments: (Use this space to include any fhrther informatioa yon would like the CUy Council to consider, or that yon fed is relevant to the appointment yon are seeking. Yon may also attach other mateiiab yon would like the Council to consider.) ■ :'»3r is appointment may be discussed at a public meeting. / Date **N0TE: Volunteer commissioa member ’s name, address and phoaennmber will become pnbtte information. 2730 Kdlcy Pwkway. P.O. Box 66. Cryitd Bty, MN 33323 Pbom: 932-249-4600/Fax: 932-249-4616/www.cLoronojiin.ui aOuiTier Su^tement to City of Orono Application for Citizen Advisory Commission Work Espcriracc: t am currently the Vice President of Sales and Marketing for Rollerblade USA, one of two chief executives reporting directly our Italian owners. I have been with Rollerblade in Minnesota for ten years. Prior to Rollerblade I was a buyer for Oshmans Sporting Goods for five years representing on in*line skates and the ski business. EducatioB: I have a bachelor of Sciences degree in accounting and finance from the University of Massachusetts. Civk and Volunteer Acthflice (past and present) I have no previous experience in a civic service such as the parks commission. nease stale yonr reasons for wanting to serve on thb commissioB. 1 have a strong personal desire to get involved and give back to my community. 1 feel that my personal and professional ^lls will prove to be an asset to the parks commission. I was enlightened to the idea of applying to the cottuniuion from my rwighbor Pauline Bouchard. My wife Jenni and I have two small boys ages 2 and 4, we are an active young femily with a fresh perspective. I consider myself to be environmentally aware and feel it is very important to protect and carefully develop parks, open spaces and trails within our community. What ia yaar view of the mitaf thaeamaiissioB; My view of the commission’s role is to represent the needs and desires of the citizens of Orono in regards to the city parks, open spaces and traib. The commission should make decisions and recommendations to the city council and Mayor on issues involving the city porks and to preserve and protect city parks, traUs and open spaces for our fbture generations. Other comuMats: I would appreciate the opportunity to serve the city of Orono on die parks commission. j v'- • *■' i iftMWfc art-einr^makMidiTijaidkf o\ i W 4.i Application for Citiien Advisory Commission CiMwiiitao Api rlngFon Q PUnning Commission Paiks, Open Space and Traib Commission Q Lake Minnetonka Conservation District (LMCD) r~l Community Task Force (Name)___________ Addma: l_ArJ€: ^____________ Peat Office a Zip Code: Tdepkeae: (H) (W) E>Mal Addnaaa: fV\L^ii»r\v\P Vr\cV\i:U(AK\_____Rcsidcat of Okhm: S* years AI. V^vt&'WvCrf Edncatt eni CMc and VehuMocrActivilks (past and preaent); ll»^ Ai.'« - C muvs 'v XmaM.¥------------------------------------- CWv\f><y«>>N Uk, ^i\LtVw 1{Qf^ 27S0 Ktitey Pvkwty. P O. Box 66. Crystal B^r. MN 5S323 Phoot: 9S2*249*4600 / Fax: 952-249-46I6 / wwwd.orono.inn.us .. . i > PleaK itale jroor mMot for wantiag to tern on Ab C potriMo. UieaMitloaal sheet if atcctui ibiioii. (Please be as specUlc as V « CXmY^f\ €•. Cv»X What b year ybw of toe role of toe CeauBbsion? \(\ Vt) 0<Vi?*v^«4- V jv ^ ^Vvvijfc* Vw^ gj/^ ^■^■^vtArv.'U.v v.^ ja (ft tjic 'v»4^ ^ r*. xij ^V.«V y ^^ yv V- ^ Vui~S yY>CA.V^ V^IT^ (Use tob space to todMle aay ftirtocr infensadoo yoa would Nice toe ClbrCeaBcMtoBoas lisr,ortoatyoatoslbreleoaBttotoeiypeia tBimtyo< Yea asay also attach otoer auiteilab yea woaM Hhe toe CoaadI to coasMcr.) ^6_ V<_> Nr<S\|i^ ti-—fcf ^ , I aadentoad tob appelatBMat asay hd dbcassed at a public Bieetoii. MI:T V ■i DtU > **NOTE: Vohaitocrcoauabrioa meaibe r*s nauK, address aad pkonauiBberwill bcci 2730 Ksiky Flokw^. P.O. Box 66, Ciyittl Bay, MN SS323 Phoao; 932>24M600/Fax: 9S2>249*46l6/www.ci.oraao.iniius i i LUKC 1 LAKE MINNETONKA COMMUNICATIONS COMMISSION 4071 SUNSET DRIVE ■ RO. BOX 385 • SPRING PARK, MN 55384-0385 • 952. 471-7125 • FAX 952. 471-9151 DCCFIMMM EXCnSIOfI GIKENWOOD MDiPfNDENCI LOMGUUd Lomrno MNWTfltm tmoHo sreoNiMaus SHOUfWOOD tONKAlAY VICTOMA May 31.2CC3 Mayor and City Council City of Orono PO Box 66 Crystal Bay, MN 55323 Dear Mayor and CHy Council: A committee was created by the Lake Minnetonka Communications Commission to study Wi-Fi and Wi-MAX applications for municipal use. The Commission has had enquiries from some of the sixteen member cities as to the feasibility of munictpal operated wireless technology. Tlw committee would like to find out how many cities in the Lake Minnetonka Communications Commission consortium are interested in the Commission pursuing the possibility of wireless technology for their dty. if you are interested would you please let us know within 30 days as we are planning another meeting and would like to find out the interest level in order to proceed with discussions on the feasibility. Two committee members and the LMCC Executive Director attended a recent NATOA (National Association of Telecommunications Officers and Advisors) conference in St. Louis on wireless technology. Conference presenters included some nuinicipalities who have initiated wireless internet systems in their communities and found it to be very worthwhile and cost effective. The committee also met with Brad Mayor at the City of Chaska to learn about the system they have Installed. They have bMn pleased with the results and reasonably priced service offered to their citizens. Thank you for your response to this enquiry. Sinoerely. LMCC Wireless Technology Committee Dennis Stanga Jim Smith Bob Albertson 08/28/2006 WD 00:90 FAX 202 844 0080 LOCDtlDCB GRINDAL NAUEN 12 001/007 NATIONAL ORGANIZATION TO INSURE A SOUND^NTROLLED ENVIRONMENT __________^ Affiliate of the National Laague of Citief ‘The National Aviation Noise Lobby FACSIMILE TRANSMITTAL SHEET ~ FOR IMMEDIATE DELIVERY PRIVILEGED AND CONFTOENnAL ATTENTION RECIPIENT: Pleaae forwatd dw aitechad to tha appropriate peraon(s) in your office. TO: BARBARA PETERSON JIM MURPHY UU MCMILLAN FAX: (9S2)249-4SU FROM: DENNIS MCGRANN TIM BROOKS PHONE: (202) S44-9844 FAX: (202)544-9190 SPECIAL INSTRUCnONS OR MFJISAGE: B£L2ifl&v[» J M -Jf :l Ij^ 1^! MIKiJ J J : Fkwo 000 Iho attRChcd laforitioR abovt tto JM5 NOtSE Stmumr Cm^ftnHC* mdAviaihn taldiM place firea Jalp 20-22« 2005 at tiro Eagaa Coamanlty CMtar la Eagaa, Miaaeiiata. AvaBaUc apace at the ceafcrcace b lUttaf op qvkUjr, pkase RSVF aa aooa aa ponlbb to Tim Breelte at (m 544-9144. Pleaae coBtact 08 if yaa have aaiy qaealioaa or Need aaqr addMeoal iafonaatioa. Thaakyaa, Deoab McGraao* Exccattre Diractar Tim Biaaka, Natiaaal Caardiaatar (702) 544-9144 Eamik coatactebNiaHaa-aabauirg ^yem 4d not rtethm Mpogu tmlkaUtL ptton coU (3RS S44 Hit far auUtoneo. 7hii It btUtgowumtution oXtrm Tttofiu. Tkt hfmmaUon containadIn thitfoalmlle mtatq^a It attonu^lttaprtvUtgtdand ceofidaoUat itfamohm Udmtdtd otdyfor dm uuofUttbtdMdoal or ettrtly nomad abavt, ^^taadarafOdtamu^ltiiattka tmamdad raa^tam, or iha amfttyaa or ogam ratponMh la daltvat Ulolha indaotad radplam, you an hardby mot^ad that any dtnamtnatfm t- riD'iYn rftfifx rrjrrrrr^-r^r- fr rffin^-jrririVfrfrrrf (fyam hna raeahad tkb eaatatamiaanm In MfjpMv by niaghant-'rrr. 05/28/2005 WEP 00:26 PAX 202 544 9580 LOCIRIDGE GRINDAL NAUEN 81002/007 rRBSIOGNr OMtwMB.011 VIC&PR888XMT SUpUwiy Si.JelM.HO SBCOND VKS4WSD8MT MwyAoKBvMM MnMyVtti«c,KY SeCMTARY OeeniiNieliali HtiWaWngun OowidlerOeYS IMASUASA BieekM(.OK LBOBLATIVQ CQMMrmE 8an0raCei«<i»4t«y MiMwapoNi. MN CewHOcwmi Myer 6fW|eioa.MO OONRUNCBooMMrrm Chtif OeraCMtonc S«MaUoOKy.CA BCECurrvBDK6CT0R DcmiiMearMn NATIONAL ORGANIZATION TO INSURE A SOUNIKONTROLLED ENVIRONMENT ‘^America's Commmity Voice on Aviation Noise Issues'^ Dear Colleague: Exceooive aviation noise is a problem that many cities across ihc countiy face daily and often, commimhies must seai^ fbr solutions to aviation noise problems alone. costs and eomplexiftes assoeialed with aviation noise issues are often more than a .single oommunily can handle. For this reason, cities from coast to coast have banded together to Gotqjeiitively resolve the challenges of excessive aviation noise. The Natkmai OegsunvcHom to Iiuueo m Sotmi-controUei Environment (NOISE), an affiliate of die National League of Cities (NLC), formed over 35 years ago for the sole purpose of advancing the interests of municipal and county governments in their endeavors to reduce the iriqnct of aviation noise on lo^ communities. NOISE is America's enlv ■atlamwide aviatien neisa advecaev araen comprised ef local alerted offidels. The NOISE organization strongly supports the continuing vitality and growtfi of the American aviation industry and recognizes ^ importance of a strong aviation system to every level of die economy. Efforts, tiierefore, are focused on supporting tiie development and enactment of policies, legislatian, and programs to mitigate aircraft noise and plan for reqionsible ahpoit growth and management in communities across the countiy. We are America’s community voice on aviation noise issues. Today, NOISE is pleased to invite you to join this select group of proactive communities and become a ««* imtilementing roitttions to aviation noise issues in vour area. Your membership in JVOZSE will provide an invaluable network allowing you to access local, stale, and federal leaders, comact and influence members of Congres.s, and discuss and learn from other elected officials' successful strategies and techniques. Aviation noise is a problem that can be mitigated. JVD/SE is an organization that has a proven record helping to solve IntUvldusd community's unique problems. To provide you with an opportunity to meet and discuss successful strategics and techniques firsthand, 1 am invitina von and/or vour cummunitv's rgyresentatives to ^ 7.QQ5 NOiSE Summey Conference and Aviation Noise Symposium (see attached information). At the conference, you will have tiie opportunity to meet and network with other Reeled offiekds thrd are cuiraitly working to solve aviation noise problems. If you have any questions or would like more infomiaHon about membership in thcMMSE organization or 2005 NOISE Summer Conference please feel free to contact Tim Brooks, NOISE Coordinator, in WaAington, DC at 202-S44-9844 or check our website Mfww.aviatlon-nolse. org. Sincerely yours. Susan W. Lieneseh, IVOiSE Fresident Counctlmcmber Centerville, OH ' } 05/28/2005 Wra 09:90 FAX 202 844 0880 LOCIRIOGB GRINDAL NAUEN 12009/007 2005 NOISE Summer C onference & A viation N oise Symposium Wednesday, July 20 - Friday, July 22,2005 Eagan, Minnesota V^NATIONAt OMSANOAnONrolNSUHEA SOVm<OSTMLUDENmomiENT{^OV3>'E) Summer Conference & Aviition Noue Synqxisiuin is the premier event of its kind, bringing together a wide spectrum of itakeholders in aviation noise issues including locally elected officials, senior federal policymakers, aimort oneratori. aviation lawyers, aircraft manufacturer* and operators, noise le^don, and otfiers from throughout the aviation industry. Don’t miss your opportunity to participate! The 200S NOISE Summer conference will provide you numerous opportunities to: • Explore practices in airport-community relations through the experiences of locally elected officials from across the United States • Discuss, wife top FAA offidab, federal resources and regulations that impact your communiQr • L ' If I ongoing local federal, legal, and industry developments that impact your communis • Influence tire national aviation noise debate The 2005 NOISE Summer Conference is focused on: Exchanging inftmnation, erqrerienccs, and recent advances in aviation noise prevention and mitiKation. Providing presentations from influential participants in aviation noise issues regarding the managem^ technical implementation, social implications, legal analysis, and policy development of airport and aircraft noise issues. • Networking wife government and business leaders in the aviation noise mitigation industry NOISE is Amorka’s oldest conuranity based aviation noise advocacy organixation, and is wid^ recognteod by feo FAA and the aviation indnatry as the aatfonal voice of noise- impacted coHMittaitks. iVOfSE is an alliliata of the National League of Cities. Yon will not want to miss this valuable and exdtittg event. If yon have any questiou or for more infscBUtioa call National Coordinator T|m Brooks at (202) 544-9844 or visit ns on the web at www.aviatlon-noiio.orf NOISE • 660 Pennsylvania Avenue, SE • Suite 301 • Washington, DC 20003-4333 • (202) 344-9144 Fax (2^ 344-9SS0 • Email contact(Saviatioa-noise.ore • Web wwwAviation-ooue.org \ 1 » '/i : . k r • 08/28/2006 WED 00:96 PAX 202 844 0880 LOCIRIDGE GRINDAL NAUEN 12004/007 MBSIDliNT 8«tMLka«cli CmwvOkOll vice-roEfiDeNT StMimMO 8BOONO VICB'fllBSlDeNT IlMyltaMOMni 80CMTAIIY OMipNIcholl Co«NilorOaf**v TREASURER LEOBLATIVB CONMirrSB !toidniOII»li»-Roy OewKilnMakw Mliwiip>Mt.MN Conrad Rmm Bridg*on,MO CONFERENCEcoMMirros Chdr SwMoMQiiy.CA SXECUnVR OWECTUR Wortm<tnn.PC N^I.S.E. NATIONAL ORGANIZATION TO INSURE A SOUNIKX)NTROLLED ENVIRONMENT **Amerlca's Community Vote* on Aviation Nolst /mmj” _____ 2005 NOISE Summer Conference & Aviation Noise Symposium July 20-22,2005 Eagan Community Center, 1501 Central Parkway Kngnn, MN 52121-1756 • (651) 675-5550 REGISTRATION - Please complete one registration fonn for each individual attending. Htowu vunpi KY >i amc; Qrsanixation; Address; City:State:Zip: »'t»i .Fax;Email: Special Needs? Meals: Your registration fim includes dinner on Wednesday and Thursday and breakfast, ooflbe breaks, and lunch on Thursday and Friday. Please check the following space for vegetarian meals._________ Room Rasenratfams: Quest room rates for conference attendees at the Crowne Plaza Hotel am S9S.00 per ni^ for Queen Smoking. Queen Non-Smoking, or Double Non-Smoking (not including tax). Please call the Crowne Plaza Hotel directly at (651) 454-3434 or Fax: (651) 454-4904 for reservations and be sum to mention the NOISE conference. Ragbtralion Rates: Please check one. ___NOISE Member ($295) ___Non-Member ($395) ___Spouse of NOISE member ($95) Please said this form with payawnt to: NOISE^ 660 Pennsylvania Avenue SE, Suite 301, Washington, DC 20003. Please make checks payable to **N.O.I.S.E.'’ Sony, we are not able to accept cr^t card payments at this time. Federal Tax ID No.: 52-098341$ Please call A/D/S£ National Coordinator Tim Brooks at (202) 544-9844 with any quenions or to request additional information. Thank you. ___ 05/26/2008 WED 00:96 FAX 202 844 0880 LOCIRIDGE GRINDAL NAUEN 31008/007 NATIONAL ORGANIZATION TO INSURE A SOUNDCONTROLLED ENVIRONMENT ^America's Community Voiet on Aviatian NoLte Jssms"____________ WHATISM)/.gg? SmoiMMch An tffiliatc of fhe National League of Cities, the National Organizatiott tv iasan a Sound rSwdirrIil f^"*troUedRtvlronmeni (NOISE) has served for over 35 years as America's only nation-wide, community based association composed of locally elected officials who represent thousands of CT>twtittten^ thrmiglmiit the I Inited State* and are committed to reducing the impact of aviation noise on local communities. SLJohi.MO NOISE serves to allow communities to join together and, with a single voice, inieetthe vtc8>faniDCNT ennegms nf ttieir constituents into the n^onal debate on airport expansion ooliev. a debate which all to often is dominated by airports, airlines, and aircraft whose priorities may differ tfkwsyVUi^KY from a community’s. MMSEse^ to resolve noise concerns by bringing affected sacRKTAav communities, local airport officials, and fedenX policymakers together to work on airport ocori»W|dwb expansion pn^scds responsibly t^coWtbontiyciy. iVOISE also advocates for federal cmim (IroS^ policies to reduce unreasonable levels of aviation noise through a combination of quieter aircraft, increased noise abatement resources, and the opportunity for local contmunities to ^**^*'^^ contribute to edrportmepansion decisions. NmXK r^gglgriy pyhl«hg« a newsletter to keen H UP to d«ti» on lobbying initiatives, regulatory action, pending legislation, and worthy action taken by airports or local umununities. NOISE members meet three times utoiSiATivE MinuMllv amund the country to di«e«i«» mvia^nn These forums provide an Outstanding Brook IWk, OH. I I V - I 11 opportunity for the exchange of opinion and information among the diverse interests in the smow COMO Say aviation noise community. Th* WMhington. DC based NOISE staff is in fteouent contact with kev members of Congress Mijyr and senior Congressional staff to monitor and influence developments regarding aviation noise die US. UoauefEepeesem CONFEREKCE /i^wfriiolltra CbMiliuMet asked iVOJ5£ to testify before flto Committee on bdialf of communities affected by aviation noise; the VS Department of Trmmt^wlation asked NOISE DmCvkoM to serve as an advisor to the international conference establishing new standards for engine ***‘**”*^ Bmm,aad the FedenU Aviation Administrotkm asked NOISE to appesa on A nsiiataWy sm mmo cno, forum on the proposal to examine the environmental review process. gxKcunvs NOISE coordinates its lobbying strategy with other powerful organizations such as National DOtccTOft League of Cities, U.S. Conference of Nliyors, and National Association of Counties, and NOISE helps arrange meetings for members with Congressional offices and federal agencies. The aviation industry continues to expand rapidly. There is a consensus in Washington, DC that airport capacity will have to increase dramatically—and soon—to keep pace with the skyrocketing rider^ diat will exceed one billion by 2010. As air-traffic increases, aviation noise vssues will be a paramount concern to communities located near airports. NOISE eontinue to work with mamher enmimmitiea to help reduce tlW iinftiCT eviction noise. If aviation noise Issues are important to your community, please call NOISE at (202) S44- 9144, email contact@aviation-noisc.org. or visit our web site at www.aviation-noise.org. 05/2S/I005 WH) 0®:38 FAX 202 044 0880 LOCKRIDGB 6R1NDAL NAUBN ^008/607 M NATIONAL ORGANIZATION TO INSURE A SOUND-CONTROLLED ENVIRONMENT '‘Amerka's Conammity Voice on AvtatUm Noise Issued’__________ WHY JOIN NOISE? NOtSEt for 33 years, has served as America's oldest nation-'mde community based associatioa and is conqwsed of locally elected officials and other stakeholder organirations who represents thouM n^f of constituents forou^ut the United States and are committed to reducing the CMMV0II.OH ioaptet of amation noise on local communities. vicfraacs Why become a member of iVOZSF? ^NOJSE advocates for federal policies to reduce unreasonable levels of aviation noise throu^ a combination of quieter aircraft, increased noise abatement resources, and idea for local communities to contribute to airport expansion decisions. SlJoKMO SiOONDvicBaaoBDeNT Miqraowenni • J • *1*1 lU M • arinMvVUtaSi,KY SMRRKTAtV OMipNichal* CNMtt«roo«’i* > fVO/SE meets widi, and arranges meetings between, its members and Congressional offices and fedenl agencies, in order to stimulate new ideas in key, top*levei meetings in order to naonitor and influence development regarding aviation noise mitigation. TaEASuasa UragkMt,Oll >NOiSBt on bdialf of the U.S. Department of Transportation, serves as an advisor to the intenMtifinel ICAO coofoieiice, wUch establidies new standards for engine noise, and comdinates wifli the newly established FAA Center for Excellence on Aviation Noise and Emissions. LEOBLATtVE COMMTTCE SindniCBlvMUiy CWElMKUktt Mwigyaili, MN Coofid Doiwi Mayof Bria|fM.liO > NOtSE has testifled, at the request of flie FAA, before a nationally televised forum on the proposal to examine the environmental review process, and NOiSE will arrange for its members to testify before Congress on the behalf of communities affected by aviation noise. COMFQXSNCE 00MMITTB8 Chiir OavtCifboiK “NOISE war abh to provide me with the ultimate platform/rom which to air my constituents' aviation noise concerns: testifying before the U.S. House of Representatives Transportation ComnUttee.'^ - Mary Griffin, Frcsldeat, Board of Snpsnisont County of San Mateo, Caltfomia. SaiMMoCRQ'.CA NOtSE coordinates its lobbying strategy with other powerful organizations suet National League of Cities O^LC), U.S. Conference of Mi^rs, a^ the National Association of Counties. Hxeevrive OnUJCTOR OMniiMeanM W«iiin|iaa.DC >NOISE moots three times annually and regularly publishes a newsletter to keep members up to date on lobbying initiatives, regulatory action, pending legislalic notewordiy action taken by airports or local communities. *7aai exposed to a iot of organisations inmyrole with the NIC. but NOISE is consistently one of the best at giving me up to date and relevant information dml I eon use to adiress an issue of great concern to my constituents." - Thrset Brown, NLC Board of Oireclors and Co uneUmembor, East Point, Georgia. If you have any questions about the beDefils of membership in NOtSE, we urge you to contact NOtSE Coordinator Tim Brooks at (202) S44*9t44 or via e>mail at contact^viation-noise.org. ; u 01/28/2005 WED 00:37 FAX 202 544 9580 LOdRIDGB GRINDAL NAUEN 121007/007 NATIONAL ORGANIZATION TO INSURE A SOUND-CONTROLLED ENVIRONMENT __**AmeHea's Community Yoke on Auiation Noise Issusi' HOW TO JOIN NOISE i ■MUSSIDBNT SiMMUaHKb ODMBcili—n»mm MEMBERSHIP FORM Ccamvillt, OH J - f- VtCB-nteSDCNT !ftnpU««y Member Name; liM«,MO Contact Penon(s): SSOONDviCB^naomawT kteyWowiiWM Address; «k«« vaiiiD, KY SMCaETARY OHfttNidHli CWMdl orOnv'li TaBASuasa Telephone:Fax: Email; anokpark.OH. LBOBlj^TIVE COMMITT88 OMtMin SMidnOelvMtor OMnoUoMMkcr CilyPOpuli '•IM ! --OwntfOowMl ooMPcaeNccooMMirrc£ CMr S«al« ftamt SmMmoOmit.CA 5. 10. 25, 75,0 100,0 250.0 500.0 7S0,00( BXaCUTiVK DWECTOa Fee Categories CitYPopulitim 5,000 and bdow 00 to 10,1 00 to 25, 00 to 75j 0 to 100, 0 to 250, 0 to 500, 0 to 750, to 1, Annual - S155.00 ~ S385.00 - $770.00 - SI 155.00 - $1540.00 - $1925.00 - $2310.00 1,000,000 and over — >• $3000.00 - $4000.00 - $5000.00 WaUiMikm,DC Amount Paid;te: (Please make check payable to “National Organization to Insure a Suund-contiDlled Environment** or ‘*N.O.I.S.E.*’ Thank you.) PLEASE REMIT TO: li: Tim Brooks, fiOm Coordinator Ml PonnsylvaoiB Avenno, SE Suite 311 Washtogtoa, DC 2I00S Federal Tax ID 520983418 i F Kcnncclx ( iF.i\cn C H A H T E R e O 470 U.S. Bank Plaia 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com James M. Strommen AnomeyMUw Direci Dial (612) 337.9233 Email: janmmciagkcnn^vHaawti I FVIay 3,2005 Mr. Ronald Moorse Chy ofOrono POBox66 Orono, MN SS323-0066 Re: Suburban Rate Authority Dear Mr. Moorse: >^AY ClTYo 9.5 cn ^005 No Citiw sulMirban municipalities totaling over 900,000 in population, the SRA maintains a strong voice in sToSrrt ^ ““ ^!: x^ir.s^'r/rr'i.s ^rrently provided to many cities undw tanfTed rates. Xcel withdrew its petition citing SRA concerns There m approximately 4,700 street lighting units subject to these urifTed services in SRA cities. Xcel st^ tlut a diKontinuance of the tariff would have resulted in higher rates for this service, but we can only estimate tte savings to SRA cities from this Xcel petition withdra^val. Assuming, for example an increase of ^ from die $6.45 to S9.68 per month per light unit. SRA cities would MPreiynwylY SI W.QQO m gjddtoiwl ynwal for this service. Despite this success, street lighting is c'fres. Xcel ii^ds seek a change in this street lighting tariff in its upconSng rate case, which we expwt to be Hied Jwiuaiy 2006. A priority for the SRA will be an active role in the* 006 Xcel rate case, which experts anticipate will contain a subsuintial requested rate increase. Prori^iod from Propos^ Legislative Changes in Local Telephone. At the 2004 legislative session successfully objec^ to a series of local telephone service proposals contained in a bill that would have dnmatically limited regulatory protection of Metropolitan Area local phone service '“2* mcumlrent providers such as Qwest. The bill eventually passed, fortunately without the objectionable provisions allowing deregulation and lower service quality. The SRA 3MS-262090vi SU160-3 h Ktey 3,2005 Page 2 suppofts increased competition and choices for its residents and businesses. Until it is clear, however, thM true competition is available to residential local service customers, laws must exist to ensure reasonable rates and quality service for local telephone customers. The SRA also has established a positive dialog with Qwest regarding its discretionary Digital Subscriber Line (DSL) service investmern in SRA cities. As a result of meetings with Qwest in 2(X)4, several SRA city representatives ha\ idemified areas within their communities that (^st has now targeted for DSL investment. CcnteiPotat Eacfgy aad Xcd Gas Rate Increase Requests Decreased. In CenterPoint Energy’s (Minnegasco) most recent rate case to be finally deci(M by the PUC on June 10, 2005, the SRA successfiilly Ejected to a proposal by CenterPoint that would have afforded CenterPoint immediate rate recovery for alleged requM relocation of its aging facilities during public improvement projects. This would alter historical ratemaking requirements of regulated utilities. The SRA was able to demonstrate that the overwhelming majority of the time, CenterPoint chooses voluntarily to relocate and replace its equipment and was not forced to relocate by local government in public improvement projects. The SRA was in a unique position to address this issue from the perspective of municipalities and assist the state agencies in their opposition to this proposal. CenterPoint withdrew the proposal. Also with the SRA’s active involvement, CenterPoint has reached a compromise reduction in rate increases to a less than 1% rate increase for residemial customers. Xcel Gas serves several SRA cities in St. Paul and is also seeking rate increases. The SRA intends to take positions similar to those advanced in the Centeri^oint Energy case to support end users. New Rules Requiring Locatiag of Water and Sewer Lines. In a matter of ongoing and hi^ importance, soon to be published rules from the Office of Pipeline Safety (OPS) will now require municipal sewer and water operators to locate private sewer and water service lines. While there is a public safety need in propo’ location of utility facilities, these rules have been objected to by the League of Cities and the SRA. This matter cominues to be addressed through the rulemaking and possibly court appeal process. Under the OPS Rules, such locating responsibilit)' will begin as early as January I, 2006. The above matters are vital to public safety aiuf welfare and collectively involve millions of dollars in rate shifting or profit margins to utilities—paid for by SRA cities, their ratepayers, or taxpayers. The SRA has sought to address utility issues of importance to SRA member cities and their nesidents and businesses. With the City ’s assistance, the SRA can continue hs importam work. Veiy truly yours. VEN, CHARTERED James M. Strommen cc: SRA Executive Committee JMS-2«2090v2 SUIM-3 20OS SUBURBAN RATE AUTHORITY MEMBER OTIES - a ./•s-ifaIM -Tv i JMS*25749aYl SUli(^3 >-'X .^: i ■-' ii’iiiii-frir- ‘I Biichwood Village Maple Grove Bloomington Maple Plain Brooklyn Paik Maplewood Burnsville Miimetonka Chanhassen Mound Circle Pines New Brighton Columbia Heists Oakdale Deephaven Orono Eden Prairie Plymouth Edina Robbinsdale Fridley Roseville Golden Valley Shakopee •Greenwood Shoreview Hastings Spring Lake Park Ho|ddns Spring Park Lauderdale V/ayzata Long Lake Woodbury rv j—« f»" f I :^..V V: C ity of Orono U*M J Moalclpal • M 2750 Kelley Parlcwey Orono, MN SS3S6 iOM ltollli4lA44feM: P.O. Box 66 Crystal Bay, MN 55323-0066 FIREWORKS DISPLAY PERMIT Date Itiacd:June 9,2005 Date of Event:Monday, June 13,2005 Time of Event: 9:45 pm -10:00 pm Location of Event: 315 Tonkawa Road (Frank Bennett Residence) Appiteant/Sponioring Organization: RES Specialty Pyrotechnics ErvHaman 21595 286* Street Belle Plaine, MN 56011 952-873-3113 ices:The folowtag docamcats arc reqaircd aad on flic at the City Administrative C • Approval of the Orono Fire Marshal • Pnrof of insurance in amount of at least $1,000,000 e Diagram of grounds and display discharge site with fallout radius • Names and ages of display assistants • Plan for notifleation of properties within 2000 feet of the display site. • Plan for verification of weather conditions and delay or cancellation of fireworks display (City Seal) Ronald J. Moqr^rCit)^dministrator Cc: Orono City Council Telephaac 1M3) • Pan |Wa) a49-4«M ■ ii‘^ I .•L